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THK SCHOOI. I.AW

ONTARIO

7Ak.-.-H' lU

/; 'ji^vv

: v ;: ii :

NO'

THE

BIfiLtOTHEQUE DC W^

U.d'O.

O.U.

LAW UBRARy

SCHOOL LAW OF ONTARIO:

COMPRISING

^"sCHOm.T:' ^^^^^^^™^N'^' ACT, .89, ; THE PUBLIC
SCHOOLS ACT. ,891 ; THE ACT RESPECTING TRU-
ANCY AND COMPULSORY SCHOOL ATTEND-
ANCE; THE HIGH SCHOOLS ACT, ,89.,
AND THE AMENDING ACTS OF
i«92 AND 1893 ;
I

WITH

NOTES OF CASES BEARING THEREON. THE REGUI A

TIONS OF THE EDUCATION DEPARTMENT,

FORMS, ETC.

/ . ^ BY

^^'^LLIAM BARCLAY McMURRICH, l/.A.

One 0/ Her Majesty s Counsel
AND

^ENRY NEWBOLT ROBERTS

O/Osffoode Hall liar, hter-at- Law

Coronf :

THK .;OOI.WlN LAW BOOK AND ..UBLISIIING

1894

COMPANY (LIMITKD)

Entered according to Act of the Parliament of Canada in the year one thousand eight
hundred and n.nety-four by William Bakclav McMurr.ch. M.A.,Q.C.. and
Henrv Newbolt Roberts, in the Office of the Minister of Agriculture.

ToruBlu :
The J. E. Bryant Cumpuiy (Ltd.*
Vrinlers

/^y^(^5'

T')

The honorable OKOROK W. ROSS, I.L.I).
MINISTKK OK EDUCATION FOR THK PkOVINCK OK ONTARIO

IN RECOCNITION OK

HIS LONC CONNECTIO.N wnu. AM. /.KAI. IN, KI>UCA I lONAl. .MATIERS,

HIS K.KKCUTIVK ABII.ITV AND .STATKSMANSHII' IN

IHE CONDIH T OK His KKI'AR IMKNT

THIS WORK

IS, WITH HIS FERMISSION, KKSI'K( TKHIJ Y
DEDICATED

revisic
Educa

ERRATA.

Page 34. Thirteenth line from bottom, for s. 197 read s. 191.

144' fourth and fifth lines from bottom, for Sutherland v. Kast

Missouri rend Sutherland v. Kast Nissouri.
207. Ninth line from l)ottom. for s. 81 (3) read s 82(3).

" 220. Second line from t..p, for D.R.. s. 6, s-v ,6 read D.K.

s. 7, ss. 16.

" 237. Third line from top, for s. 40(2) read s. 40(13).

" 393- After fourth line from bottom insert Thk Pkovinciai.
School of Pkimuogv.

-v,s,o„ at the hands of The Honorable the Minister „f
fc.aucation.

nee

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othe

the

this

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PREFACK.

There are but few persons who are ii ^ interested mere
or less in the law relating to the school system of the Province
of Ontario, and quite a large number whose position is
members or officers of School Boards, ii.jpectors. r teachers,
nece-^sihites constant reference by them to the statutes under
which the system is carried on.

The duties imposed by statute both upon trustees and
teachers are so varied, and the provisions regulating:; the same
scattered through so many Acts, that the want has for some
time been felt of a work that would bring all the provisions
of the various statutes into proper relations the one with the
other ; and taking advantage of the recent consolidation of
the Public Schools Act, the editors have endeavored to supply
this want in a manner which they trust will prove of practical
use to the Profession, and a helpful facility to school trustees,
officers, inspectors, and teachers, in enabling them to perform
their duties and obligations in the manner provided bj- law.

The Regulations of the Education Department having,
under The Educrtion Department Act, 1891, the force of law,
special attention has been given, and care taken, to have them
revised to date of publication, and their correctness is assured
from the fact of the proof sheets having received their final
revision at the hands of The Honorable the Minister of
Education.

vni.

Preface.

An Appendix provides all the forms required under the
several Acts, and a set of By-Laws has been introduced to
enable School Boards throughout the Province to adopt the
same, or such part thereof as may be of use in the carrying out
of their work. They are modelled after those of the Toronto
Public School Board, which have lately been thoroughly revised,
and have been found of great practical value by that Board,

The Index is a feature of the work which it is hoped
will be fully appreciated. It has been made thoroughly
exhaustive, and covers, it is hoped, every head arising under,
or bearing upon, the several statutes. '

The editors submit the result of their labors with great
diffidence, aware that many defects may, and not improbably
will, be found in their work, but trusting that it will meet with
indulgence, and perhaps favorable criticism, at the hands of
those who use it.

The editors feel under deep obligations to The Honorable

the Minister of Education for undertaking the revision of the

proof sheets, and for his many and valuable suggestions as to

the work. They are alro indebted to Dr. J. George Hodgins

for his kindness in placing at their disposal his " Lectures on

School Law."

W. B. McM.

OscooDE Ham, January ;isi, 18^4. H. N. R.

CONTENTS.

I AHLE OF Cases Cited
Calendar ••....
The Education Department Act, 1891
The PuHLic Schools Act, 1891

The Act Respecting Truancy and Compulsorv School

Attendance
The Hk;h Schools Act, 1891

An Act to Amend .and Explain Certain Portions of
i'he School Laws

An Act to Amend the High Schools Act, 1891

Departmental Regulations

Text-Books Authorized for Use in Public Schools^
High Schools, AND Training Schools

An Act Respecting the Use of Tobacco bv Minors

An Act Respectin.; SuM^L^RY Convictions before Jus-
tices OF the Peace and Appeals to General
Sessions

Forms

By-Laws of a Public School Board
Index

Page

xi.

xxiii.

241
253

304
307
312

419
424

426

431

482

5»i

Ade
And
Ano
Atto
Askt

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Barb

Beat

Begg

Belp(

Bentl

Bern;

Birm

Blash

Boarc

Board

Bolko^

Boultc

Bowen

Boyd

TABLE OF CASES CITED.

Adey V. Hill, 129. ^

Anderson ?-. Vansittart, 188.
Anon., 131, 140.

Attorney-General v. Earl Fowls, 14.
Askew V. Manning, no.

^ 1 -

Haby v. Baby, 19, 175.

Barber, In re, 46.

Harbor and Ottawa, vVf, 164.
Beatty v. Mcintosh, 91.

Begg t'. Township of South wold, 122
Helper School Board v. Bailey, 244.

Bentley Rotherham, and Kimberworth Local Board of Health ,.
Bernard v. Strachan, 91. ^^""' '4-

Birmingham v. Hungerford, 188.
HIashell v. Chambers, 14.

Board of Education z;. Helston, 181

''n:.:^^: ^^ --;-'-- -ecorporation of the

Hoard of Education of the Village of Morrisburg and the Municipal
Corporatron of the Township of Winchester, 20 ^

Hoard of School Trustees of the Town of Sandwich and the Corpora
tion of the Town of Sandwich, 60, 61. ^orpora-

Bolkow V. Foster, 222

Xll.

Table of Cases Cited.

Boyle V. Humphrey, 212.
Brocas v. Lloyd, 222.
Brooke 7a Mitchell, 90.
Brown v. McLachlan, 15.
Bull V. Bull, In re, 91.
Burton v. Knight, 107.

Campbell v. Boulton, 91.

" V. Corporation of Elma, 19.
" V. Elliott <f/a/., 189.
" V. Maund, 131.
Canada Company v. Middlesex, 164.
Carmichael v. Slater, 177.
Carroll v. Perth, 122.
Chamberlain and The Corporation of the United Counties of Stormont,

Dundas, and Glengarry, 271, 290.
Chaplin v. Public School Board of the Town of Woodstock ef «/.,

227, 229.
Chapman ?;. Thrasher, 74.
Charlesworth v. Ward, 14.

Chattillon z'. Canadian Mutual Insurance Co., 16.
Chief Superintendent, /ft re Chapman v. Thrasher, 74.

" " " Gill and Jackson ^/ a/., 105.

" " " Hogg V. Rogers, 160.

" " " McLean v. Farrell, 75.

" " " Trustees of Section 2, Township of Moore,

V. McRae, 28, 103, 105.
Chief Superintendent, In re Shorey and Thrasher, 26.
Citizens' Mutual Fire Insurance Co. v. Sortwell, 144.
City of Toronto v. Bowes, 228.
Clarke's Case, 135.
Clarke v. Palmerston, 164.

'• V. Stocken, 107.
Claydon v. Green, 12.
Cleal V. Elliott, 91.
Cleary v. Booth, 181.
Coleman, /« /•<?, 123.
Coles County v. Allison, 135.
Collins V. Swindle, 228.

Tablh of Cases Cited.

Xlll.

Commonwealth ?'. Commonwealth, 135.

Corporation of Toronto and Leak, In re 95

Corporation of the Township of Toronto' v. McBride ./ al 02 04

Corporation of Wyoming and The Fubhc School Board ^f Wyomin.
V. Jiell, 52. ' °

Cotter V. Darlington, 102, 104.

Coyne and the Municipal Council of Dunwich, In re ,2.

Croft and the Municipal Council of the Township of Brooke, 12 ,

Croft and the Town Council of Peterborough, loi.

Crossley v. Clay, 107.

Daniels and the Municipal Council of Burford 122 1-4
Dartmouth College 7'. Woodward, 19. - - /4.

Dawson v. Murray, 91.

Dawson v. The Corporation of the Town of Sault Ste. Marie 26c
Davey v. Durrant, 222. ' ^"

Davis V. Birdsall, 91.
De La Haye v. The Municipality of the Gore of Toronto .^^9

Toronto,": 2 2!"' ^^^"^"^"^ "^ '^^ 'To^sn.\n^ of and the Gore of
Dennison v. Sanford, 91.
Denton v. Lord Manners, 14.
Doe d. Hay v. Hunt, 192.

" Patterson v. Davis, 192.
" Robinson v. Clarke, 192.
Dunlop and the Corporation of the Township of Douro, In re , 64
Dunn V. The Board of Education of the Town of \Vindsor, IJ.

li-arl V. Stocker, 107.

East Missouri v. Horseman, 174.

lildon and Ferguson,////-^, 151.

Emery v. Wase, 107.

Erwin v. Townsend, 167.

Essex V. Park, 174.

Essex V. Strong, 175.

I'erris and Eyre, Re, ^x.
V. Irwin, 41. 233.

XIV.

Tablh of Cases Cited.

Ferguson r. Crittenden, 144.
Fitzgerald ?'. Northcote, 182.
Flanagan v. Elliott, 76.
Fordyce v. Bridges, 13.
Foster v. Stokes, 33, 39, 142.
FVontenac 7>. Breden, 151.

Gilchrist 7'. Tobin, 16.

Gill and Jackson <•/ fl/., /// A 105.

Gillies V. Wood, 74.

Glen 7'. Grand Trunk Railway, 91, 96.

(ireat Western Railway v. Hunt, 91.

•' " " 7>. Laderonte <•/ ^f/., 91.

Green v. Claydon, 12.
Griffiths V. Municipality of Grantham, 103.

Grisdale v. Boulton, 91.

■ ■ ■•'

Guelph V. Canada (Company, 52.

Haacke r. The Municipality of Markham, 25, 101, 102.

Hall 7'. Hinds, He, 90.

Halpin 7-. Calder, no.

Hamilton 7', Wilson, 91.

Hammersmith and City Railway Co. v. Brand, 1 2.

Hannington v. Edison, 91.

Harding f. Township of Cardiff, 122.

Hardwick v. Brown, 229.

Hartley and Emily, In re, 136.

Hawkins v. The Municipal Councils of Huron, Perth, and Hpjcp >('^).

Haynes 7.'. Washington County, 135.

Healy ?'. Carey, 74.

Herring and Napanee, 'i'am worth, and Quebec Railway Co , r\

Hickman 7', Lawson, 91.

Hill V. The Municipality of Tecumseth, 102.

" 7'. " School Trustees of Camden and Zone, J/i /v, 23, 56.
Hoboken v. Harrison, 175.
Hodgson V. The Municipal Councils of York and Peel, and of

Ontario, 123.
Hogg 7'. Rogers, /// re, 160.

Table of Cases Cited.

XV.

Holt et al. V. The Corporation of the Township of Medonte et a/.,

lOI, 102.

Hopkins v. Provincial Insurance Co., i6.

Howes V. Peirce, 129.

Hutciiison and The School Trustees of St. Catharines, /;/ re, 22, 23, 57.

Irwin V. Elnon, 90.

Isaac and the Municipality of Euphrasia, 103, 105.

Jckyll V. Wade, 91.
Johnson v. Anglin, 90.

V. The Trustees of Public School Section No. i in the Town-
ship of Howard, 94.
Joice, In re, 188.

Joint Board of (irammar and Common School Trustees of the Village
of Caledonia v. Farrell, 174.

Keith V. Fenelon Falls Union School Section et a/., 39, 175.
Kemp V. Henderson, 91.
Kennedy v. Burness, 232.

V. Hall, 232.
Kinnear and Haldimand, In re, 12.
Klinkever v. School District, 52,
Knowlsen v. Inglis, In re, (ji.

Lambiere v. The School Trustees of Section No. 3, South Cayuga,
44, 189.

Lamont v. The School Trustees of Section No. 3, Aldborough, 230.

Lawrie v. Rathbun, 12.

Lawson and Hutchinson, In re, gi.

Leddingham and the Corporation of the Township of Bentinck, 122

Lee V. The Public School Board of the City of Toronto, 229. '

Lewis V. Brady, 75, 76, 176.

Ley and the Municipality of Clarke, In re, 103.

Lion, The, 13.

Lockwood V. Mechanics' National Bank, 144.

XVI.

Table of Cases Citld.

Logan V. Earl Courtown, 13,

Logansport v. Legg, 144.

London, Chatham, and Dover Railway Co. v. Board of Works of

Wandsworth, 14.
London School Board v. Uuggan, 244.
Lonsdale v. Littledale, 107.

McAlpine and the Township of Euphrasia, In re, 122.

McBride v. Gardham, 75.

McCallum and the Board of Public School Trustees of Section 8,

Township of Brant, 58, 180.
McCormick and the Township of Colchester South, In re, 164.
McCracken v. San Francisco, 144.
McCulloch V. White, 92, 212.

McDougall V. McMillan, 16. .

McGregor 7;. Pratt, 105.

" V. White, 74.
McGugan v. McGugan, 46.

" z'. School Board of Southwold, Section No. 7, 38, 87.
Mclntyre and Elderslie, In re, 1 64.

" V. McBe-''n, 195.

" V. Public School Trustees of Section 8 in the Township of

Blanchard, 58, 180.
McLean v. Farrell, In re, t^.

McMannon v. McElderry, 91. .

McMillan v. Rankin et al., 62.
McMullen and Tayley, Inre, ^\.
McNulty V. Jobson, 91.
Malcolm v. Malcolm, 87.
Mailing v. Chalkin, 174.
Manley v. Anderson, 90.
Mariposa, Re School Section of, 38.

Marshall v. School Trustees of Section No. 11, Township of Kitley, 53.
Martin v. Keegan, 90, 95.

Michie and the Corporation of the City of Toronto, 123.
Midland Railway Co. v. Ambergate, Nottingham, etc., Railway Co., 13.
Milloy and The Township of Onondaga, He, 123.
Minas' Ditch Co. v. Zellerbach, 19.
Minet v. Leman, 14,

Table of Cases Cited.

xvii.

Minister Crook's Decision, 55,

of Education. In re Mclntyre v. Public School Trustees of
Section 8 in the Township of Blanchard, 58, 180.
Mitchell V. Foster, 129.

Moffatt V. Board of Education of Carleton Place, 20.
Monaghan v. Ferguson, 53.
Montgomery v. Graham, 192.
Morgan v. iMather, 107.

Mottashed and the Corporation of the County of Prince Edward 123
Munson v. Municipality of Collingwood, 62, 173.

Ness an^ the Municipality of Saltflect, In re, 103, 105.
Newberry v. Stephens, 75, 76.

Niagara High School Board and the Corporation of Niagara, /// re
12, 256, 287.

Niagara School Board, The, 12, 256.
Nichol and Alnwick, /« r^, 164.
Norton v. Salsbury, 129.

Oakland v. Proper, 175.

Oakwood and the Township of Mariposa, In re, 256, 287.

O'Flaherty v. McDowell, 14.

Oliver V. The Union Board of School Trustees of Ingersoll, 20.
Orr V. Ramsey, 86.

Pardee v. Lloyd, 91.

Patterson and the Corporation of the Township of Hope, 102.
Pennsylvania District Election, 135.
People V. Brenham, 135.
" V. Fairbury, 135.
Petition of Minister of Education, /// ;r, 109.
Pickering v. James, 136.
Piemental v. San Francisco, 144.
Phillpot V. St. George's Hospital, 13.
Price V. Railway Company, 144.

Proper and the Corporation of the Township of Oakland, 106.
Public School Board of the Township of Tuckersmith, Re, 84. .

XVlll.

Table of Cases Cited.

Public School Trustees of Section 9, Nottawasaga, and the Corporation
of the Township of Nottawasaga, 168, 169.

Quigley v. State, 242, 248.
Quinn v. O'Keefe, 13.

" V. The School Trustees, 188.

Rabian v. The School Trustees of the Township of Thurlow, 53.

Raney v. Macklem ct al.y 232.

Raymond v. School Trustees of the Village of Cardinal, 189, 195.

Regina v. Archdeacon of Chester, 131.

" V. Backhouse, 136.

" V. Bradford, 130, 135.

'• V. Cooper, 131. .

" V. Cowan, 130, 137.

" V. Currie, 12.

" V. Doodsworth, 140.

" V. Ellis, 140.

" V. Francis, 228.

*' V. Franklin, 228.

" V. Griffin, 318.

" V. Hall, 13.

" v. Hoplen, 182.

" V. Mallow Union, 14.

" Mayor of Hereford, 229.

*' North Curry, 17.

" School Trustees of School Section No. 27, Tyendinaga, 232.

" V. Shropshire, 129.

" V. Spaulding, 140.

" V. Thompson, 140.

" V. Ward, 137.

" V. White, 137.

" ex rel. Adamson 7'. Boyd, 137.

" " Allemaing v. Zoeger, 135, 136.

" " Armour v. Coste, 228.

" " Bland v. Figg, 228.

*' " Bugg V. Smith, 229.

" " Carroll 7). Beckwith, 192.

(I
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tl

Table of Casks Cited.

Keginaexn/. Coleman v. O'Harc, 228.

Corbctt ZK Jull, ,28, ,30, ,35, ,36, ,37.
Davis V. Carruthers, 228.

" 7'. Wilson, 131.
Dillon V. McNeil, 140.
Evans v. Starratt, 144.
Ferris v. Ilcr, 228. .

Ford V. McKae, 228.
Forward v. Bartels, 140.
Fluett v. (lauthier, jj8.
(iibbs V. Uranigan. 131.
Cordanier v. I't-rry d/ ,//, ,40.
Harrer v. Roberts, 228,
Hill V. Belts, 228.
Home V. Clarke, 130, 137.
Kirk V. Aseltine, 131.
Lutz V. Williamson, 228.
McLean v. Watson, 228.
McMuUen v. De Lisle, 228.
McVean v. Graham, 192.
Moore v. Miller, 228.
Patterson v. Clarke, 228.
Piddington v. Riddell, 228.
Preston v. Preston, 135.
RoUo V. Beard, 228.
Smith V. Blouse, 131.
Stewart v. Standish, 229.
Renaud, Ex parte, 2, 3.
Rex V. Bellringer, 144.
" V. Miller, 144.
" V. Smith, 229.
Richmond v. Front of Leeds and Lansdowne, 19.
Robinet v. Pickering, 256.
Robins v. Carsons, 222.
Robinson, ^v/o/-/^, 128, 135.

Roman Catholic School of Belleville z'. Grainger AV 7 in
Royse V. Birkley, 228. & ' - 6, y.

Ruthven v. Ruthven, 90.
Ryland r. King (-/«■/., 91.

XIX.

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XX.

Tablk of Cases Cited.

Sams V. Toronto, /// re, r2q.

School Trustees r. Town of Fort Hope, 60.

" " of Brock ville v. Town of Brockville, 61, 148.

" " of the City of Toronto 7'. The Corporation of the City

of Toronto, 62.
" " of Mount Forest and the Corporation of Mount

Forest, In n, 61,
" and the Municipality of Collingwood, /« ;r, 61.
" Township of Hamilton v. Neil, 43.
•' " of Section No. 6 in the Township of South Fredericks-

burg and the Corporation of the 'Township of South
Fredericksburg, 60, 61.

Scott V. School 'Trustees of llurgess and Bathurst, 53, 105.
" V. 'Trustees of Union School Section No. 1 in Burgess, and No. 2
in Bathurst, 51.

Scottish American Investment Co. v. Elora, 164.

Seiple V. Elizabeth, 175.

Separate School 'Trustees of Belleville ?'. Grainger, 3, 19.

Sharpe v. Dawes, 128, 135.

Shaw 7'. Morton, 91.

Shaw r/ a/, and the Corporation of the 'Township of Manvers, 103.

Shaver 7J. Scott, 91.

Sherriff v. Patterson, 188.

Shorey and 'Thrasher, In re, 26.

Simmons and the Corporation of the Township of Chatham, /« re,

25, loi, 102.
Smith V. Bell, 13.
Smith and the City of 'Toronto, In re, 123. •

" V. Collingwood, 173.

" V. The Corporation of the City of Toronto, 177.

" z>. Greey, 222.

" V. School Trustees of Belleville, 146.
South wick V. Hare f/ «/., 222.
Spry V. McKenzie, 74.
St. Sepulchre's, £x parte, 14.
Standly v. Perry, 19.
Stark V. Montague, 46, 62.
Stephenson v. Higginson, 13.

Table of Cases Cited.

XXI.

Stewart and the Trustees of School Section 8 in the Townsljip of

Sandwich East, In re, 23, 57.
Sussex Peerage Case, 13.
Sutherland v. East Nissouri, 144.
Sutton V. Sutton, 12.
Swanton v. Goold f/ n/., 14.

Taber and the Corporation of the Township of Scarborough, /// /r,

87, 102.
Taylor v. The Corporation of Oldham, 14.

" V. and the Corporation of the Township of West Williams, 122.
Terry v. The Municipality of the Township of Haldimand, 12-!.
Tiernan and the Municipality of Nepean, In re, 46.
Tittensen v. Peat, 107.
Todd V. Perry, 175.
Toder v. Sansum, 140.
Town of VVelland v. Hrown, 73.
Tracey v. Hodgest, 89.

Trustees of Port Rowan High School and the Corporation of the Town-
ship of Walsingham, /// re The, 271, 282.
" for School Section No. 24 of the Township of Burford 7'. The

Township of Burford, 26.
" for School Section No. 7 in the Township of Stephen v.

Mitchell, 43.
" of School Section No. 6, Township of York v. Hunter ei a/., 72.
" of Section 2, Township of Moore?'. McRae, /«/•<", 28, 103, 105.
" of Union School Sections Nos. 11 Otonabee, 10 Douro, and

II Asphodel v. Casement, In re, 161.
" of Weston Grammar School and the Counties of York and
Peel, 282.
Tyrell and the Corporation of the County of York, I^e William, 250.

Van Buren v. Bull ei a/., 232.
Vance v. King ei a/., 91, 92.
Van Egmond v. Jones, 91.
Vanvactor v. State, 318.
Village of Weston v. Conron, 73.

xxn.

Table of Cases Cited.

Wallace et al. v. The Board of Public School Trustees for Union

School Section No. 9 of the Township of Loho et al., 86, loi.
Ward V. Dean, 90.

Washington v. The Trustees of School Section No. 14 in the Town-
ship of Charlotteville, 56.
Waters v. Daly, 91.
Welland (Town of) v. Brown, 73.
Welsh V. Leahy, 172.
Weston (Village of) v. Conron, 73.
Wexford Election, 131.
Whitby V. Flint, 175.

" V. Harrison, 175.
Whitely v. McMahon, 91.
Williams 7/ Roblin, 91.

" V. School Trustees of Plympton, 88.
William Tyrell and the Corporation of the County of York, 259.
Wilson and the Municipal Council of Elgin, 164.

" V. The Corporation of the County of Middlese.x, 177.

" f. Thompson, 64.
Wiltshire v. Marshall, 222.

Wolverton and the Township of North and South Grimsby, 260, 261.
Wright V. The Trustees of School Section No. 3 in the Township of
Stephen, 188, 190.

Wyoming (Corporation of) and the Public School Board of Wyoming
V. Bell, 52.

'5.

Yuill, Re, 58.

Calendar of Dates.

<5-

JANUARY.

' ^Im^Z" '' ''""' '""'^ '^'""' '''''^'' ^" '-^-^-

By-laws establishing Township boards take effect, pp. 778,
By-laws disestablishing Township Boards take effect, p S3
Bylaws for the establishment of, and withdrawal from union of
nu.n.cpaht.es for High School purposes take effect,' Lp 360.

Second tern, in Public and High Schools begins, pp. .,,, ,,,.

Annual reports of Public School Trustees in cities etc to be
sent to Education Department before this date p ,5,

Annu.1 reports of High School Trustees to be sent to Educa
t.on Department be...e this date, p. 274. ""'

l-rst meetings of Hoards of Trustees in townships, cities etc to
be held c ii th.rd Wednesday, p. ,4,. ' ' "' '"^

FEHRUARY.

I'-irst meetings of lioards of lulucation and Boards of Hi.h
School 1 rustees to be held on first ^^'ednesday, p,: .^'^^fs'

MARCH.

XXIV.

Calendar of Dates.

Inspector's annual report to Minister of Education due, p. 205.

Second term in High Schools ends on Thursday before Easter
Sunday, p. 299.

Third term in High Schools begins on second Monday after
Easter Sunday, p. 299.

APRIL.

I. Return by clerks of counties, cities, and towns, to Minister of
Education, showing population, due, p. 176.

^[A V.

I. Last day for passing by-laws altering boundaries of school sections,
p. 104.

Legislative Grant to be apportioned by Minister of Education,
p. 170.

First Friday — Arbor Day, p. 418.

/C/JVE.

I. Appointment of Examiners by Public andj Separate School
Trustees, to conduct High School Entrance Examination,
p. 293. .

30. Second term in Public Schools ends, p. 219.

Third term in High Schools ends, p. 299.

Public School Trustees to report to Truant Officers cases of
truancy or expulsion, p. 249.

Semi-annual reports to Education Department by High School
Trustees, due, p. 274.

/[/£V.

I. Assessors to settle basis of taxation in union school sections before
this date, p. 120.

Legislative Grant payable by Provincial Treasurer to Municipal
Treasurer, p. 171.

Last day for establishment of new High Schools by County-
Councils, p. 262.

Caleniar of Dates.

XXV.

Last day for discontinuance of High Schools by County Councils
p. 262. '

15. Semi annual returns to be sent by Rural School Trustees l
inspector, p. 64. (But see s. 206, p. 236.)

AUGUST.

I. Notice of exemption of indigent persons from school rates to be
sent by Rural Public School Trustees to clerk of municipality
P- 59-

Applications from Public and High School Trustees to Municipal
Councils for assessments for school purposes, due, pp. 60 i co
270. ti > ,

High School Trustees to certify to County Treasurer amount of
fees collected from county pupils, p. 274.

Applications by High School Trustees to xMunicipal Councils for
assessments for permanent improvements, due, p. 287.

First term of Public Schools in townships begins on third Monday
p. 219. ■"

First term of Public Schools in cities, towns, and incoruorated
villages, begins on last Monday, p. 219.

First term of High Schools begins on last Monday, p. 298.

OCl^OBER.

I. Notice by Public School Trustees in cities, etc., to Municipal
Clerk, requiring election of trustees by ballot on .same day a.s
Municipal Elections, due, p. 133.

DECEMBER.

Last day for appointment of Auditors by Rural Public School
Trustees, p. 45,

Municipal Clerk to transmit to County Inspector statement
showmg whether or not any county rate for Public School
purposes had been placed upon collector's roll against any
Separate School supporter, p. 163.

M- County Grant payable to township treasurers, p. 1 7 J.

XXVI.

Calendar of Dates.

15. Township Councils to pay to secretary-treasurer of Board of
Public School Trustees school moneys levied and collected by
them, p. 168.

County Councils to pay to High School Treasurer the sums due
by them for maintenance of High Schools, pp. 282, 286, 291.

22. First term of Public Schools ends, p. 219.

First term of High Schools ends, p. 299.

25. Alteration of school boundaries in unorganized townships goes
into operation, p. 66.

By laws and awards altering boundaries of school sections to take
effect, pp. 104, 106, 107.

Union, alteration, or dissolution of union school sections to go
into operation, p. 114.

31. Semi-annual reports to be sent by Rural School Trustees to
inspector, p. 64.

Public School Trustees in cities, etc., to publish Auditors'
Report, p. 151.

Public School Trustees to report to Truant Officers cases of
truancy or expulsion, p. 249.

Semi-annual reports of High School Trustees to Department of
Education due, p. 274.

Public School Trustees in cities, etc., to fix places for nominations
of trustees and name returning officers before second Wednes-
day, p. 128.

.\nnual meetings of Public School Trustees to be held on last
Wednesday, pp. 27, 128.

Notice of formation of new school sections to be posted by town-
ship clerk six days before last Wednesday, p. 35.

THE EDUCATION DEPARTMENT
ACT, 1891.

55 Victoria, Chapter 54.

AN ACT CONSOLIDATING AND REVISING THE
LAWS RESPECTx.,G THE EDUCATION DE-
PARTMENT.

UER MAJESTY, by and with the advice
* * and consent of the Legislative Assembly
of the Province of Ontario, enacts as follows:—

The British North America Act, 1867, gives the
Province of Ontario power to make laws in relation to
education, subject to certain provisions.

Section 93 of that Act enacts as follows :—

"In and for each Province the Legislature may
exclusively make laws in relation to Education sub-
ject and according to the following provisions :— "
"(i). Nothing in any such law shall prejudicially
affect any right or privilege with respect to de-
nominational schools which any class of persons
have by law in the Province at the Union."
The provisions of this sub-section protect those legal
rights and privileges only which existed in each Province at
the Union by virtue of positive legal enactment, and not
privileges enjoyed under exceptional and accidental cir-
cumstances. At the Union the law with respect to the

;, !

a Education Department Act.

schools in the Province of New Brunswick was governed
by the Parish School Aci, under which no class of persons
had any legal right or privilege with respect to denomina-
tional schools, and a subsequent Act — 34 Vict, c. 21 — pro-
viding that the schools conducted thereunder should be
non-sectarian, was therefore held to be valid. The con-
stitutionality of the Act 34 Vict., c. 21, cannot be affected
by any regulations of the Board of Education, made under
its authority; and, semble, if the Board of Education have
made any regulations which they ought not to have made,
or have not made regulations which they should have made,
the case falls within sub-section 4 of the B.N. A. Act. {Ex
parte Renaud, i Pugs. 273.)

"(2). All the powers, privileges, and duties at
the Union by law conferred and imposed in Upper
Canada on the separate schools and school trustees
of the Queen's Roman Catholic subjects shall be
and the same are hereby extended to the dissentient
schools of the Queen's Protestant and Roman
Catholic subjects in Quebec :"

"(3). Where in any Province a system of
separate or dissentient schools exists by law at the
Union, or is thereafter established by the Legisla-
ture of the Province, an appeal shall lie to the
Governor-General in Council from any Act or de-
cision of any Provincial authority affecting any
right or privilege of the Protestant or Roman
Catholic minority of the Queen's subjects in rela-
tion to Education."

A Provincial Legislature may legislate in regard to
separate schools, provided that the rights or privileges with
respect to denominational schools which any class of per-
sons had by law in the Province at the time of Confedera-
tion are not prejudicially affected by such legislation. The
above sub-section gives an appeal in respect of those
decisions alone which are legislative acts, or their equiva-
lents, and not in respect of matters affecting merely the
everyday detail of the working of a school. In election

The Education Department. 3

matters separate schools have the same right of appeal to Sees, i, a.
a County Judge as public schools have. {Separate School
Trustees of Belleville v. Grainger, 25 Chy. 570.)

'• (4). In case any such Provincial law as from
time to time seems to the Governor- Generp.l in
Council requisite for the due execution of the pro-
visions of this section is not made, or in case any
decision of the Governor-General in Council on
any appeal under this section is not duly executed
by the proper Provincial authority in that behalf,
then and in every such case, and as far only as the
circumstances of each case require, the Parliament
of Canada may make remedial laws for the due
execution of the provisions of this section and of
any decision of the Governor-General in Council
under this section."

See Ex parte Renaud, i Pugs. 273, cited above.

1. This Act may be cited as The Education shon niie.
Department Act, iSgi.

jard to
res with
of per-
ifedera-
The
those
equiva-
rely the
lelection

2. There shall continue to be a Department Department

* established.

of Education, which shall consist of the Ex-
ecutive Council, or a committee thereof, ap-
pointed by the Lieutenant-Governor; and one
of the said Executive Council, to be nominated
by the Lieutenant-Governcr, shall hold the
office of " Minister of Education."

This Department was established in 1876 by Statute 39
Victoria, c. 16, s. i. Previous to that statute all matters
regarding education were managed by the Council of
Public Instruction, the head of which was the Chief Super-
intendent of Education, whose functions and duties are
now vested in the Minister of Education.

Education Department Act.

sec^3- 3. There may be established, subject to the
awuhed'"' provisions of any statute in that behalf and to
tiSnrofXpart- the regulations of the Education Department,
the following classes of schools, viz. : —

ment.

■:^

Kinderganen (i). Kindergarten schools for pupils between
four and seven years of age in which instruc-
tion shall be given according to Kindergarten
methods.

See TAe Public Schools Act, i8gi, s. 107 (5) ; D.R.,
ss. 44 and 45.

Public schools.

Night schools.

High schools
and collegiate
institutes.

(2). Public schools for pupils between five
and twenty-one years of age in which instruc-
tion shall be given in the elements of an
English and commercial education.

See The Public Schools Act, iSgi.

(3). Night schools for pupils over fourteen
years of age who are unable to attend school
during the usual school hours.

See The Public Schools Act, i8gi, s, 107 (5); D.R.,

S. II.

(4). High schools and collegiate institutes
for such pupils as pass the prescribed entrance
examination, in which instruction shall be
given in the higher branches of a practical
English and commercial education, the natural
sciences, mathematics, and the Greek, Latin,
French, and German languages.

See The High Schools Act, i8gi, 55 Vict,, c. 57.

Art schools.

(5). Art schools for instruction in mechani-

Schools. 5

cal, industrial, and constructive drawing, and Sec. 3.

other branches of a technical education.

See The Act respecting Mechanics' Institutes and Art
Schools, R.S.O., 1887, c. 173.

(6). Countymodel schools for the training of ^'°'^^' ''=''°*'''-
candidates for teachers' third-class certificates

See The Public Schools Act, i8gi, s. 146; 1),R., s. 47.

(7). Normal schools for the training of can- Normal schools
didates for teachers' second-class certificates.
See D.R., s. 57.

(8). Schools of pedagogy for the training ofs<:hoo|sfor
candidates for teachers' first-class certificates,'**'^''"*-
and for the training of teachers of high schools
and collegiate institutes.

See D.R., ss. 63 and 64.

(q). Teachers' institutes for the reading ofT^aphers'

^-^ • o institutes.

papers and the general discussion of educa-
tional topics.

See The Public Schools Act, i8gt, s. 147; D.R., s. 73.

(10). Mechanics' institutes for the establish- Mechanics-

, ... . ,. , . institutes.

ment of libraries, reading rooms, and evening
classes for mechanics and artisans.

See The Act respecting Mechanics' Institutes and Art
Schools, R.S.O., 1887, s. 173.

(11). Industrial schools for the instruction industrial

... . . , • 1 • schools,

in industrial pursuits, with a special view to
their moral reformation, of children whose
habits render removal from their homes
necessary.

See The Industrial Schools Act, R.S.O., 1887, c. 213.

Sec. 4.

Powers of De-
partment to
make regula-
tioni as to cer
tain matters.

6 Education Department Act.

4. The Educational Department shall have
power, subject to the provisions of any statute
in that behalf, to make regulations : —

(I). For the classification, organization,
government, and examination of all schools
and institutes in the preceding section men-
tioned, and for the equipment of schoolhouses
and the arrangement of school premises.

(2). For the authorization of text>books for
the use of pupils attending such schools or
institutes, and for the selection of books of
reference for the use of teachers and pupils,
and school libraries.

(3). For determining the qualifications and
duties of inspectors, examiners, and teachers
of such schools and institutes, and for the
appointment from time to time of such
examiners as maybe requisite for that purpose.

(4). For the payment of the pensions of
superannuated inspectors and teachers, and
the proper distribution of all moneys set apart
by the Legislative Assembly for school pur-
poses.

(5). For extending on the petition of a board
of school trustees, and on such evidence as to
efficiency as may be deemed necessary, any
third-class certificate issued under the authority
of The Public Schools Act.

(6). For the study of agriculture and for
scientific instruction as to the nature of alco-

for
co-

Powers OF Department. 7

holic stimulants and narcotics with special refer- s*"* *• 3«
ence to their effect upon the human system.

5, The Education Department shall have ^^^^j^^^^J^,
power: —

(I). To appoint inspectors of high schools,
separate schools, and county model schools,
masters of normal and model schools, and
directors of teachers' institutes.

(2). To affiliate with the schools of pedagogy
such high schools or collegiate institutes as
may be necessary for practical instruction in
the art of teaching.

(3). To determine the fees to be paid by
candidates at departmental examinations.

(4). To accept, in such subjects as may be
deemed expedient, the examination of any
university in the British dominions in lieu of
the departmental examinations.

(5). To prescribe such forms for school
registers and departmental reports as may be
deemed expedient.

(6). To accept, on passing the annual de-
partmental examination, the professional or
training certificate of any normal school or
other training institution in the British
dominions.

(7). To set apart a separate school in any
county as a model school for the training of
teachers for separate schools, and in such
case, or where from the special circumstances
of the separate schools in any county it may

Education Department Act.

Sec». 5, 6, 7,
8, g.

Annual rppnrt
to be made by
Minister of
Education.

Minister may
submit <|ues-
tions arisint;
upon school
law to HikIi
Court.

Power to
settle disputes
and com-
plaints.

Regulations
and Orders in
Council to be
laid before
Legislative
Assembly.

be deemed expedient, to appoint one com-
petent person possessing the qualifications
prescribed by The Public Schools Act, to be a
member of the county board of examiners of
such county in addition to the number now
authorized, and who shall possess and dis-
charge the like powers and duties as the
other members of the said board.

6. The Minister of Education shall report
annually to the Lieutenant-Governor upon all
the schools and institutes herein mentioned,
with such statements and suggestions for pro-
moting education generally as he may deem
useful and expedient.

7. The Minister of Education shall have
power to submit a case on any question arising
under The Public Schools Act, or The Tlioh
Schools Act, or under The Separate Schools
Act, to any Judge of the High Court for his
opinion and decision, or, with the consent of
such Judge, to a Divisional Court of the said
High Court for its opinion and decision.

8. The Minister of Education shall have
power to decide upon all disputes and com-
plaints laid before him the settlement of which
is not otherwise provided for by law, and upon
all appeals made to him from the decision of
any inspector or other school officer.

9. (i). Every regulation or order in council
made under this Act, or under the Public,
Separate, or High Schools Acts, shall be laid

OBdforife the.'Legj^Jative Assembly forthwith if

Powers of Ministkr.

:il

the Legislature is in session at the date of s«cb. 9. «o,

. . . **•

such regulation or order in council, and, if the

Legislature is not in session, such regulation
or order in court. il shall be laid before the
said House within the first seven days of the
session next after such regulation or order in
council is made.

(2). In case the Legislative Assembly at the
said session, or, if the session does not con-
tinue for three weeks after the said regulation
or order in council is laid before the House,
then at the ensuing session of the Legislature,
disapproves by resolution of such regulation
or order in council, either wholly or of any
part thereof, the regulation or order in council,
so far disapproved of, shall have no effect from
the time of such resolution being passed.

10. Chapter 224 of the Revised Statutes
of Ontario, 1887, is repealed, and this Act
shall be deemed to be substituted therefor.

11. Except as provided in sections 5 and 7 I'owws ot

p... ,. -i-t -1 !^I'"'ster as to

01 this Act, nothingf in this Act contained st^p^^'^

' fj schools not

shall be deemed, taken, or construtd as in^"^"^*^'
any manner or for any purpose altering, vary-
ing, or affecting any power, right, or authority
which, before the passing of this Act, was by
law vested in or held, had, or possessed by
the Minister of Education, or the Department
of Education, in respect either of Roman
Catholic Separate Schools, or of any matter
or thing whatsoever pertaining to or affecting
said Separate Schools.

See sections 5 and 7.

BIBUOTHEQUE DE DROIT

U.d'O.

O.U.

LAW LIBRARY

IMM

THE PUBLIC SCHOOLS ACT, 1891.

^4 Victoria^ Chapter ^^.

AN ACT CONSOLIDATING AND REVISING THE
PUBLIC SCHOOLS ACTS.

This Act is the final revision of the many Acts and
Amendments thereto heretofore passed. The following is
the legislation since the original School Act of 1841 : —

4 and 5 Vict., cap. 18 — An Act for establishing a per-
manent fund for the support of Common Schools.

7 Vict., cap. Q — An Act (amending the above Act) for
the better establishment and maintenance of Common
Schools in Upper Cnn.ida.

12 Vict., cap. 83 — An Act for the better establishment
and maintenance of Public Schools in Upper Canada and
for repealing the present School Act.

12 Vict, cap. 200 — An Act to set apart land to form a
fund for Common School purposes.

13 Vict., cap. 48 — An Act for the better establishment
and maintenance of Common Schools in Upper Canada.
This is the Upper Canada School Act of 1850, and seems
to be the first consolidation of Acts relating to Common
Schools previously passed.

14, 15 Vict., cap. Ill — An Act for the purpose of
removing doubts as to section 19 of the previous Act.

16 Vict., cap. 182 — An Act providing for deficiency in
school rates.

16 Vict., cap. 185 — A supplemental Act relating to
boards of school trustees in cities, towns, and incorporated

Previous Acts.

villages. This Act was repealed as to Roman Catholics by
1 8 Vict., cap. 131.

18 Vict., cap. 121— An Act to provide means for the
sale of lands held for the purposes of Public Educational
Institutiors in Upper Canada, when such lands cannot be
conveniently used for such purposes.

18 Vict., cap. 1 3 I—An Act to amend the laws relating
to Separate Schools in Upper Canada.

18 Vict., cap. 132— An Act to make further provision
for the Grammar and Common Schools of Upper Canada.

C.S.U.C, cap. 64— An Act respecting Common
Schools in Uppc" Canada.

23 Vict., cap. 49— An Act to amend the Upper Canada
Common Schools Act.

32 Vict., cap. 44— An Act to amend the Act respecting
Common Schools in Upper Canada.

34 Vict., cap. 33— An Act to improve the Common and
Grammar Schools of the Province of Ontario.
• 35 Vict., cap. 22— An Act relating to arrears due upon
Common School lands sold previously to July ist, 1867.

40 Vict., cap. 16— An Act to amend the several Acts
respecting the Education Department, Public and High
Schools, and the University of Toronto.

R.S.O., 1877, cap. 20A,— The Public Schools Act.

41 Vict., cap. 20— An Act respecting Union School
Sections.

42 Vict., cap. 34 -An Act respecting Public, Separate,
and High Schools.

43 Vict., cap. 32— An Act respecting certain amend-
ments to the Public Schools Act.

44 Vict., cap. 30— An Act for further improving the
School Law.

46 Vict., cap. 3— An Act to provide for the final settle-
ment of the Common School Fund.

47 Vict., cap. 44— An Act to amend the Act respecting
Public, Sep rate, and High Schools.

48 Vict., cap. 49— An Act to amend and consolidate
the Public Schools kc\.— 2he Public Schools Act, 1885.

Public Schools Act.

Sec. I. 50 Vict., cap. 39 — An Act to amend the Act respecting

Public Schools.

R.S.O., 1887, cap. 22$— The Public Schools Act.

52 Vict., cap. 51 — An Act to amend the Public Schools
Act.

53 Vict., cap. 71 — An Act to amend the Public and
Separate Schools Act.

The Public Schools Acl, i8gi, together with the regula-
tions of the Department of Education and the decisions of
the Superior Courts regarding Public Schools, may be said
to compose the School Law of the Province of Ontario.

Short title.

HER MAJESTY, by and with the advice
and consent of the Legislative Assembly
of the Province of Ontario, enacts as follows : —

As to power of Legislative Assembly to make laws in
regard to education, see remarks before section i of The
Education Departiwint Act.

1. This Act may be cited as The Public
Schools Act., iSgi. •

The marginal note to the section of a statute forms no
part of the statute itself, and is not binding as an explana-
tion or construction of the statute. {Chtydon v. Green.,
Green v. Clay don., L.R. 3 C.P. 511 ; Sutton v. Sutton, 22
Ch.D. 511.) But apparently the headings of the different
portions of the statute may be referred to in order to
determine the sense of any doubtful expression in a section
ranged under any particular heading. (Hammersmith and
City A\JF. Co. v. Brand, L.R. 4 H.L. 171; In re
Kinnear and Haldimand, 30 Q.B. 398 ; R. v. Currie,
31 Q.B. 582 ; Laurie v. Rathhun, 38 Q.B. 255 ; In re
Niagara High School Board and the Corporation 0/ Niagara,
39 Q.B. 362.)

But the Legislature has now declared that the marginal
notes, and the headings in the body of the Act, and the
references at the foot of the several sections thereof (which

General Provisions.

;nt
to

ion

'lid
re

■it',
ft'

ni,

have been omitted from this work), form no part of the Sees, i, 2.
statute, and have been inserted for convenience of refer-
ence only. (50 Vict., c. 2, s. i.)

2. Where the words following occur in this'"'erpretation.
Act, they shall be construed in the manner
hereinafter mentioned, unless a contrary in-
tention appears : —

An interpretation clause in an Act should be understood
to define the meaning of the words interpreted in cases
where there is nothing in the Act opposed to or incon-
sistent with that meaning. (Midland R. W. Co. v. Amber-
gate^ Nottingham, etc., R.W. Co., 10 Hare 359.) The
meaning of particular words in an Act, in the absence of
express definition, is to be found, not so much in a strict
etymological propriety of language, nor even in popular
use, as in the subject or occasion on which they are used,
and the object that is intended to be attained. (Rex v.
Hall, 1 B. & C. 136; The Lion, L.R. 2 P.C 525.) The ^

intention of the Legislature must be ascertained from the
words of the Act, and not from any general inferences to
be drawn from the nature of the objects dealt .^ilh.
( Fordyce v. Bridges, i H.L. Cas. i ; Logan v. Earl
Courtoivn, 13 Beav. 22.) If the words are of themselves
precise and unambiguous, then no more can be necessary
than to expound those words in their natural and ordinary
sense. (Sussex Peerage Case, 11 CI. & F. 85.) Each word
must be interpreted according to its legal meaning, unless
the context shows that the Legislature has used it in a
popular or more enlarged sense. (Stephenson v. Higginson,
3 H.L. Cas. 638.) The Act should be construed accord-
ing to the ordinary and grammatical sense of its language,
if there be no inconsistency apparent in its provisions.
(Smith V. Bell, 10 AL & W. 378 ; Phi II pott v. St. George's
Hospital, 6 H.L. Cas. 338.) Where the intention of the
Legislature can be collected from the Act itself, words may
be modified, altered, or supplied, so as to obviate any
repugnancy to or inconsistency with such intention. ( Quin

Public Schools Act.

Sec. a. V. OKeefe, lo Ir. C.L.R. 393; Charlesxvorth v. Ward^
31 Q.B. 94.) It is the most natural and genuine exposition
of an Act to construe one part by another. (R. v. Mallow
Union, 12 Ir, C.L.R. 35.) The general words of a statute
are not to be so construed as to alter the previous policy
of the law, unless no sense or meaning can be put on the
words consistently with the intention of preserving the
existing policy untouched. ( Minet v. Leman, 20 Beav.
269; O' Flaherty v. McDowell, 6 H.L. Cas. 142.) In con-
struing Acts which infringe on the common law, the state
of the law before the passing of the Act must be ascer-
tained to determine how far it is necessary to alter the law
in order to carry out the object of the Act. (Swanton v.
Goold et al., 9 Ir. C.L.R. 234.) The general law of the
country is not to be altered or controlled by partial legisla-
tion made without any special reference to it. (Denton v.
Lord Manners, 4 Jur. N.S. 151; ib., 724; Attorney-
General v. Earl Powis, i Kay 186.) PrimA facie, the
proper mode of construction is to apply the same inter-
pretation to terms used in a by-law which is applied to the
same terms in the Act under the powers of which the by-
law is framed. (Blashill v. Chambers, 14 Q.B.D. 479.)
Difficulties sometimes arise owing to a conflict between
general and particular Acts of Parliament. If the par-
ticular Act gives in itself a complete rule on the subject
in hand, the expression of that rule would undoubtedly
amount to an exception of the subject-matter of the rule,
not of the general Act. (Ex parte St. Sepulchres, 33 L.J.
Ch. 372; London, Chatham, and Dover P. IV. Co. v.
Board of Works of Wandsworth, L.R. 8 C.P. 185 ; Taylor
V. Corporation of Oldham, 4 Ch.D. 395 ; Bentley, Pother-
ham, and Kimbenvorth Local Board of Health, 4 Ch.D.
588.) In dealing with a statute which proposes merely to
repeal a former statute of limited operation, and to re-enact
the provisions in an amended form, the court is not neces-
sarily to presume an intention to extend the operation of
those provisions to classes of persons not previously subject
to them, unless the contrary is shown, but is to determine
on the whole statute, considered with reference to the sur-

General Provisions.

rounding circumstances, whether such an intention existed.
(Brotvn v. McLachlan, L.R. 4 P.C. 550,)

Sec. a.

(I). "Teacher" shall mean any person hold- "Teacher."
ing a legal certificate of qualification.

This certificate is made an indispensable qualification,
and must be possessed by the teacher, not only at the time
of his engagement, but during the whole period he is en-
gaged in teaching school (s. 134). Should the certificate
held be suspended for inefficiency, misconduct, or a viola-
tion of this Act, or of the regulations of the Education
Department, the teacher can no longer act until such sus-
pension has been removed (s. 144). Certificates of qualifi-
cation are ranked as first, second, and third class (s. 140).
The first two are granted by the Minister of Education on
the report of examiners appointed by the Education De-
partment; the last by the County Board of Examiners
(s. 141). Such certificates are only granted to persons who
are of good moral character, are at least eighteen years of
age, natural born or naturalized subjects of Her Majesty,
and who have passed the examination prescribed by the
Education Department (s. 140).

(2). "County" shall include a union of"c°""'y"
counties.

(3). "Township" shall include unions of"'^°''"*'''p-"
townships made for municipal purposes.

(4). "School site" shall mean such area of"^'"'"''''*'"-"
land as may be necessary for the school build-
ing, teacher's residence, caretaker's residence,
offices, and playgrounds connected therewith.

The regulations of the Education Department require
the school site to be on a well-travelled road, as far removed
as possible from a swamp or marsh, and so elevated as to
admit of easy drainage. The school grounds should be

mmmm

Public Schools Ac".

" School
section."

Sec. 2. properly levelled, drained, and fenced ; and there should
also be some means of procuring good water. Its area
should not be less than half an acre in extent, and, if the
school population of the section exceeds seventy-five, the
area should be one acre. There i.re also requisites as to
water-closets (D.R., s. i). Sections 64 to 80 show the
mode t)f securing and changing rural school sites.

(5). "School section" shall mean the muni-
cipality or any portion thereof, or any portion
of <^\vo or more municipalities under one
P, !u School corporation.

As L the formation of school sections in townships, see
section 12; in unorganized townships, sections 41 to 53;
ofuniu. "^ch'. actions, sections 85 to 94.

Every township council has the power to pass by-laws
to unite existing school sections, or alter their boundaries,
or divide an existing school section into two or more sec-
tions, or to unite portions of an existing school section with
another section or with any new section (s. 81).

(6). "Owner" shall include a mortgagee,
lessee, or tenant, or other person entitled to a
limited interest, and whose claims may be
dealt with by arbitration as herein provided.

See, as to meaning of word "owner," Gilchrist v. Tobin^
7 C.P. 141 ; Hopkins \. Provincial Ins. Co., 18 C.P. 74;
McDougallv. McMillan, 25 C.P. 75 ; Chatillon v. Canadian
Mutual Ins. Co., 27 C.P. 450.

Provision is made where an owner refuses to sell land
selected for a school site, or for the enlargement of school
premises, for fixing the price of such land by arbitration
(s. 67).

"Ratepayer." (7). "Ratepayer" shall mean any person
entered on the last revised assessment roll of
the school section for Public School rates.
A " ratepayer " is a person who pays taxes, whether resi-

" Owner.'

Gkxekal Provisions.

resi-

dent within the limits of the municipality lo whom the same Sees, a, 3,
are payable or not ( Rc^. v. North Curry, 4 B. iV C. 953). '

But a ratepayer must be a resident in order to be eligible
for election as a trustee (s. 15, s. 98).

8. "Board of trustees" shall include a""'^^"';?^

trustees.

board of education in all cases of a union
between Public and High School trustees.

As to Boards of Education, see section 8 of this Act,
and section 4 of The //i):;h Siiioo/s .Ir/, iSgi, 54 Vict.,
chapter 57.

The union of Public and High School Boards is now
unlawful (s. 8, s-s. 5 ; 54 Vict., c. 57, s. 4, s-s. 5).

3. AH rej^ulations made under the ,-1 c'/ Application of

" re;<ii!ations

respectino- the Education Department shall s"at^'c'*j24.
apply to any matter or thing in this Act con-
tained, so far as the same may be consistent
with this Act, though not i^pecially referred to
in any section thereof.

See Departmental Regulations, Appendix.

.\s to the statutory power of the E lucation Department
to make these regulations, see The Education Department
Act, 1S91, 55 Vict., c. 54, s. 4.

4. Nothing in this Act authorizing the levy- ^"■^^«'^°" ,

~ o y supporters of

ing or collecting of rates on taxable property J- °separ^?^''°"

for Public School purposes shall apply t:o'"'°°''

the supporters of Roman Catholic Separate
Schools.

The manner of levying and collecting rates from the
supporters of Roman Catholic separate schools is provided
for by T/w Se/>arate Scko>/s .let, R.S.O., 1887, c. 227.

5. All unions of Public and High School KxistinK
trustees, all boards of education, and all ^rrangeuieius

continued.

Public School sections or other Public School

Prni.ic Schools Act.

Sees. 5- 6, 7- divisions, together with all elections and ap-
pointments to office, all agreements, con-
tracts, assessments, and rate-bills heretofore
duly made in relation to Public Schools, and
existing when this Act comes into force, shall
be subject to the provisions of this Act.

Trustees, term
of office of.

Trustees to be
a corporation.

6. The term for which each school trustee
holds office at the time this Act takes effect
shall continue as if such term had been created
by virtue of an election under this Act.

In rural districts the term of otifice for a trustee is three
years (s. 14); in cities, towns, and incorporated villages, the
term is two years, half the trustees retirini^ annually (ss.
100, lOl).

7. The trustees of every school section
shall be a corporation under the name of
** The Board of Public School Trustees for
School Section of the Township of

in the County of ."

" A corporation is an artificial being — invisible, intangi-
ble, and existing only in contemplation of law. Being the
mere creature of law, it possesses only those properties
which the charter of its creation confers upon it, either
expressly or as incidental to its very existence. These are
such as are supposed best calculated to effect the object for
which it was created. Among the most important are
immortality (in a legal sense), that it may be made capable
of indefinite duration, and, if the expression may be
allowed, individuality — properties by which a perpetual
succession of many persons are considered the same, and
may act as a single individual. They enable a corporation
to manage its own affairs, and to hold property without the
perplexing intricacies, the hazardous and endless necessity,
of perpetual conveyances for the purpose of transmitting

Boards oi' ICdication.

it from hand lo hand. It is chiefly for the purpose of Sees. 7, 8.

clothing bodies of men in succession with these ([ualities

and capacities that corporations were invented and are in

use. By these means a perpetual succession of individuals

are capable of acting for the promotion of the particular

object, like one iniMiortai being." I'er Marshall, C }., in

Dartinoiitli Collci:^c v. Woodward, 4 Wheat. 636. See I^ohy

V. Bali}\ 5 Q.I'). 510; Standi}' v. Perry, 3 S.C. R. 536.

Acts done in excess of their e.xpress or implied powers are

absolutely void. ( Riclimond v. Front of /.ecds and Lans-

doivnc, 8 Q. B. 567; Caniplu'll v. Cor/^oration of E/ina, 13

C. I'. 296; Minos Ditch Co v. /xlkrhach, 37 ("al. 543.)

The Interpretation Act of Ontario declares that " words
making any association or number of persons a corporation
or body politic and corporate shall vest in such corporation
[)jwer to sue and be sued, contract and be contracted with,
by their corporate name, to have a common seal, and to
alter or change the same at their pleasure, and to have
|)er[)etual succession, and power to acquire and hold per
sonal property or movables for the purposes for which the
corporation is constituted, and to alienate the same at
pleasure ; and shall also vest in any majority of the mem-
bers of the corporation the power to bind the others by
their acts ; and shall exempt the individual members of the
corporation from personal liability for its debts or obliga-
tions or acts, provided they do not contravene the pro-
visions of the Act incorporating them." (R.S.O., 1887,
c. I, s. 8, s-s. 25.)

A court of equity has jurisdiction to order persons
wrongfully claiming to be school trustees to deliver up the
corporate seal and papers to the legal trustees. {Re Roman
Catholic School of Belleville \. Ciran^^er, 25 Chy. 570.)

tting

I^OARDS OF EDUCATION.

8. (1). The union of the trustees of anyLmonsof
Public and High School for the joint manatrc- hSgh'schooi

r , boards.

ment of the Public and High Schools of any
municipality shall form one corporation, under

Pl'hlic Schools Act

Sec. 8.

the name, " The Board of Education for tiie
city, town, incorporated village, or township
of" (as the case may be). Boards of educa-
tion shall have the power of trustees of both
Public and W'v^\\ School trustees. A majority
of the members shall form a (juorum.

Under The IJi^h Sihoo/ Aniciidincut Act, iS6s, it was
provided (s. 5) that in all oases of the union of iiigh and
common school trustee corporations, .ill inemhers of both
corporations should constitute a joint hoard. Under that
clause, of which the above section is materially a copy, it
was held that a joint board of grammar and common school
trustees are a corporate body capable of contracting and
being sued, though the separate existence of each continiu s ;
and they were held liable, therefore, for the work done u|)(in
a contract made by them with the plaintiff for an addition
to the schoolhouse. (Olivers. The Union Jionrd of Schcnl
Trustees 0/ Iiii^ersiii'i, 29 (^. iJ. 409.)

A board of education can change the site for a school
and purchase another without a by-law or resolution of the
County Council, (jr the approval of the Lieutenant-Oovernor
in Council. ( Mitffatt v. Jioard of Education of Carleton
Phice, 5 A. R. 197.)

That part of the above section which confers on the
joint board the powers of each board means the powers
possessed by each board for the purpose for which such
board was created before the creation of the joint board.
(In re The Board of Education of the 'Toivn of Perth 'ind
the Corporation (f the Tnvn of Perth, 39 Q. B. 34.)

And where a board of education resolves that a certain
sum should be levied on a certain high school district withm
their jurisdiction, to cover the expense of building, furnisl-,-
ing, etc., for the purposes of the high school, the board of
education, i.e., the joint board, and not the high school
board, is the proper party to make the requisition for such
sum. (III.: Re Board of Education of I'it/ai^e of Mor?-isf>u>\^
and the Municipal Corporation of the To:vnship of Winchester,
8 A.R. 169.)

1!C)AKI>S OI' KDlCAriON.

;iin
bin
lisl-,-
of

H.l

ich

A member of the municipal council of the municipality Sec. 8.
or county in which a hi^h school is situated cannot serve as
;i memher of a board of education. (54 Vict., c. 57, s. 12,
s-«. 2.)

(2). If at any meeting,' of a board of cdu-,',^;*Jf,'^",','f°"°'
cation, called for that purpose, a majority of^''"'^'"'""
all the memljers tliereof vote in favor of the
dissolution of any board of education, such
board shall bedissolveo on and after the close
of the current calendar vear.

(3). In case any board of education is dis- jf/j';^^'^';^,^^,,,^
solved, all members of such board of educa- wco.uimirin
tion who were elected on behalf of the Public
School shall be the board of trustees for such
Public School to hold office for the full term
of their election, or until their term expires,
accordinjj; to the provisions of this Act.

(4). In the case of such dissolution as afore- ,V,o%°nyon°^
said all school property held by the joint cor- ''"'°'"'*""-
poration for Public School purposes shall be
vested in the Public School board of trustees,
subject to any trust for Hi<]fh School purposes
attached thereto, and any other property held
or possessed jointly by the corporation before
chssolution shall be divided as may be agreed
upon by the trustees of the High School and
Public School respectively at a meeting
called for that purpose. If no division is
made within six months after this Act takes
effect then the division shall be made forth-
with by the council of the municipality within
which the Public School is situated.

22 PriiLic Scii()(;i.s Act.

Secs.j, 9. (^) It shall not be lawful for the trustees of
Union boanis ^^y PublJc School to uiiite hereafter with the
hereaiccr. trustccs of aiiy High School to form a board
of education.

This section and tlie sub-sections liiL'icof arc malcrially
the same as section 4 of yVw High Schools Acty iS^/, and
the sub-sections thereof.

Pnblii schools
to 1)1 free.

School age.

PUBLIC SCHOOLS TO liL FREE.

9. (i). All Public Schools shall be free
schools, and every person between the a<;e of

five and twenty-one years shall have the right

to attend some school. Pupils may attend

Kindergarten Schools from four to seven years

of age.

The courts will not grant a mandamus to compel th<
admission of a child to a [)uljlic school where it is shown
that there is not accommodation, for this is a valid answer
to an application for admission, especially where it is shown
that there is sutiiicient accommodation at another public
school in the same town ; or that the applicalicm Ibr
admission is not made in the regular and proper way
prescribed under the Regulations of the I'klucation Depart-
ment. ( Diiini V. The l^oard <;/ /C(/i/Cii/ion uj the T'oivn of
IViiniior, 6 O.K. 125; In re ffi/teh'soH and the School
Trustees of St. Catharines^ 31 (^.1>. 274.)

Under present legislation, compulsory' attendance at
school being necessary (54 Vict., cap. 56), and public school
trustees being obliged to provide adequate acconunodation
(s. 40, s-s. 3), it would appear as if every child within the
scliool age has the right to attend as provided under above
section, unless prevented from attending under the pro-
visions of" 'The Public Health Act, R.S.O , 1887. chapter 205,
and even then can be readmitted on section 94 of that
Art being complied with.

If there is no accommodation in the school which a

Admission to Schools.

child has the right to attend, or if wiiliin two miles from Sec. 9.

the residence of a child under ten years of age, or within

three miles from the residence of a child over that age,

there is no sclmol, the parent ot guardian of such child is

not liable to any of the penalties prescribed by the Act

respecting Truancy and Compulsory School Attendance,

55 Vict., c. 56, s. 4, sss. 3, 4.

Children within the school age, l)elonging to a class
for whom a separate school lias been established under
T//f Sepanih' S(-//(in/s ./'■/, (v.S.O., iiSSy, cap. 227, will not
be admitted under above section if such separate school is
being carried on. ( //i /•<■ ///// v. 'JY/c Si/uxi! J'riis/ccs of
Camden and /one, 11 ().\\. 57,5; /// »> Sfewarf and The
Trustees 0/ School Section S of the Toicnshif^ of Sandwich
/•'.list, 23 (^).H. 634 ; /// re Hutchison and the School Trustees
of St. Catharines, 31 Q. H. 274 )

Any jiupil, once admitted to school and duly registered,
shall attend at the commencement of each term and con-
tinue in attendance regularly until he is withdrawn by
notice to the teacher to that effect. (I). K., s. 7, s-s. 5.)

Section 2 of 55 Vict., c. 56, provides that all children
between eight and fourteen years of age have to attend
school for the full term during which the school in the
section in which tney reside is open each year, unless ex-
cused under the provisions of section 4 of said Act.

Pupils in cities, towns, and incorporated villages shall
attend such school as may be designated by the trustees,
and no transfer from one school to another shall be allowed
without their consent. (D.R., s. 7, s-s. 10.)

In public schools pupils shall be given instruction in the
elements of an English and commercial education (55
Vict., c. 54, s. 3, s-s. 2). Kindergarten schools are those in
which instruction shall be given in kindergarten methods
{/I/., s. 3, s-s. i). As to their establishment, see The Educa-
tion Department Act, iSgi, s. 3.

(2). In any school section where the propertv Auemi-.nce of

^ ■' I I J cliildrcn of

of a non-resident is assessed for an amount "°"''''^'''^""'
equal to the average assessment of residents,

Public Schools Act.

Sees. 9, 10, the children of such non-resident shall be

II. 12.

admitted to the Public School of such section
on the same terms and conditions as the
children of residents.

The admission of non-resident pupils, other than those
provided for under this sul)-section, is regulated by section
172 of the Act.

Pupils not 10
be required n
join in reli-
gious exercisis
objected 10 by
their parents.

To receive
religions
instruction as
their parents
desire.

School sectioiu
in townships

RELIGIOUS INSTRUCTION.

10. No person shall require any pupil in
any Public School to read or study in or from
any reli<;ious book, or to join in any exercise
of devotion or religion, objected to by his or
her parents or guardians.

11. Pupils shall be allowed to receive such
religious instructions as their guardians or
parents desire, according to any regulations
provided for the organization, government,
and discipline of Public Schools.

It will be seen by a perusal of the course of studies set
out in the Departmental Regulations that no course of
religious instruction has been prescribed. (1). R., s. 8.)

The Depailment have, hosvever, authorized certain
religious e.xercises to be performed at the opening and
closing of every public school, but no pupil is rccjuired to
take part in them if objected to by his parents or guardians.
(D.R., s. 8i.)

RURAL PUBLIC SCHOOLS.

12. (i). The municipal council of every
township (except where township boards have
been established) shall subdivide the town-
ship into school sections so that every part of
the township may be included in some sec-

Rural Public Schools.

IS.

tion, and shall distinp^uish each section by a ^^'^^^ "• '3-
number; provided that no section formed
hereafter shall include any territory distant
more than three miles in a direct line from
the schoolhouse.

The limits of the different school sections must he de-
scribed or defined with certainty, otherwise the by-laws
establishinLT them are liable to be held bad. ( llaackc v. The
Afunici/>a/ify 0/ .\fiirkhani, 17 ().V>. 5C>2 ; In re Siniiiions
and The Corporation of the Township oj Chatham,
21 Q.B. 275.)

(2). Where the land or property of any in- Aistssoraio

\ ' I V J J value Ian. is

dividual or company is situated within thcljec'ttin'"' "''
limits of two or more school sections, the
parts of such land or property so situated
shall be assessed and returned upon the as-
sessment roll separately, according to the
divisions of the school s( ctions within the
limits of which such land or property is
situate.

.\s to the method of making school assessments in
townships, see section 109.

(i). No section shall be formed which con- Aaaot.i,w
tains less than fifty children, between the
ages of five and twenty-one years, whose
parents or guardians are residents of the
section, unless such section is more than four
square miles in area, except in cases where
such area cannot be obtained because of lakes
or other natural obstacles.

13. It shall be the duty of everv township Township inrk

•^ ^ 'to prepai'-

clerk to prepare in duplicate a school map of"g*','fo;j';"'"'°'

!"!HBHM

Public Schools Act

Sec. 13, 14. ^Y[Q township, showing the divisions of the
township into school sections and parts of
union school sections, to furnish one copy of
such map to the county clerk, for the use oi
the county council, and retain the other in
the township clerk's office, for the use of the
township corporation.

In Trustees for School Section No. 24 of the Township
<f Burford \. Toiviiship of fhirford^ a roiij^h sketch or map
designated "School section map, township of B," l)ut with-
out signature, seal, or date, having the appearance of being
very old, and there being no other map to be found, was
produced from the proper custody as evidence of the forma-
tion of school sections in a township by the municipal
council thereof. In 1888, before the action was com-
menced, but after the beginning of the agit.uion which gave
rise thereto, the municipal council [)assed a by-law " to
make alterations in school section map,'" and authorized
the clerk to correct the map, etc.; and when any difficulty
arose as to boundaries of school sections recourse was had,
at least in some instances, to this map. The (j)Uit held
that the map must be assumed to be drawn in pursuance of
the above section, and therefore afforded evidence of the
original division of the township into school sections by the
township council (18 O.R. 546). And see also Chief Super-
i/iteudeiit., In re Shorey and Thrasher, 30 (^).H. 504.

If the township clerk neglects or refuses to [)vc[)are and
furnish this map, he is liable to a penalty of ten dollars, to
be recovered before a justice of the peace, for the school
purposes of his municipality, at the in.stance of atiy rate-
payer thereof (s. 186).

Trustees, term
of office.

14. For every rural school section there
shall be three trustees, each of whom, after
the first election of trustees, shall hold ofhce
for three years, and until his successor has
been elected. - ■

Rlkal Public Schools.

the
of
of
of
in

the

As to the election of trustees at the first meeting in every Sees. 14, 15,

16, 17.
new section, see section 30.

of.

15. The persons (luahfied to be elected rinsi.es,

' . iiialiliiHtioii

trustees shall be such persons as are resident
ratepayers of the full age of twenty-one years,
and not disqualified under this Act.

Any person, tlierefore, entered on the last revised
assessment roll of the school section, or ward, for public
school rates, provided he is a resident therein and is of the
full age of twenty-one years, is eligible for the position of
school trustee. Persons distjualified under the Act, besides
non-residents and minors, are those who are residents but
not ratepayers under the Act, or who are inspectors, masters,
or teachers in a [)ublic, high, or sei)arate school (s. 189).

And a trustee who, by the alteration of the section of
which he is a trustee under section 82, is placed outside the
new boundaries becomes disqualified when the alteration
takes place, by reason of non-residence.

16. Every ratepayer of the full a<ie of twenty- mwiors,
one years, who is a Public School supporter of
the section for which he is such ratepayer,
shall be entitled to vote at any election for
school trustee, or on any school (juestion
what.soever.

A " ratep.iyer " is defined by the School Act to mean
.my person entered on the last revised assessment roll of
the school section for public school rates (s. :r, s-s. 7).

17. A meeting of the ratepayers of every .^.ml,.,
section shall be held annually on the last
Wednesday of December, or, if such Wednes-
day be a holiday, then on the next day follow-
ing, commencing at the hour of ten o'clock in

wlieii lieUi

Public Schools Act.

Sees. 17, 18 |-}-,g forenoon, for the purpose (among other
thint^s) of electing a school trustee or trustees.

The notice calling an annual or special meeling should
he signed by the secretary by direction of the trustees, or
by a majority of the trustees themselves. The corf orate
seal need not be attached to it. (D.R., s. 85, s-s. i.)

Any ratepayer may call the meeting to order as so<ni as
the hour appointed arrives, and nominate a chairman (//'.,
s-s. 2).

The rules of order for conducting the business of all
school meetmgs is prescribed by section 86 of the Depart-
mental Regulations.

An alteration of the boundaries of a school section does
not make it necessary to call a school section meeting and
appoint new trustees. ( Chief Superintendent, In re Trustees
of Section 2, Towns hip 0/ Moore v. McRae, 12 Q.B. 525.)

For form of notice of annual school meeting, see Form
/, Appendix A.

■;

Mectingb to bf- 18. In case.from the want of proper notice

called in (klaiilt * ^

of fiistor or Other cause, any first or annual school sec-
tion meeting, required to be held for the
election of trustees, was not held at the
proper time, the inspector, or any two rate-
payers in the section may call a school meet-
ing by giving six days' notice, to be posted in
at least three of the most public places in the
school section ; and the meeting thus called
shall possess all the powers and perform all
the duties of the meeting in the place of
which it is called.

This section relates to cases in which trustees refuse or
neglect to call the annual school meeting; but in case of
inadvertence, or error, the trustees can at once call the
meeting themselves, or authorize their secretary to do so.

Rural Public Schools.

See remarks under i)revioiis section. In case the trustee Sees. 18, 19

20
or other person whose duty it is to call the school meeting

does not do so, such trustee or other person is liable to a

penalty of $5 (s. 192).

For form of notice for annual school nieetinii; under

this section, see Form 2, Appendix A.; and for form of

notice of special scliool meetini:, see Form j, Ap[)endix A.

19. (1). The ratepayers of a school section (J' '-'
present at any school meeting shall elect one
of their own number as chairman to preside
over its proceedings, and shall also appoint
a secretary, who shall record the minutes of
the meeting, and perform such other duties
as may be required of him by this Act.

The other duties to be performed by the secretary-
treasurer are prescribed by sections 21 (2), 23, 24, 31, 33
(2), 34. 35. 37 (2), 45. 46, and 80.

(2). The business of every school meeting
may be conducted in the following order : {(7)
Receiving the annual report of the trustees,
and disposing of the same; id) Receiving the
annual report of the auditor or auditors, and
disposing of the same ; (r) Electing an auditor
for the ensuing year; {(/) Miscellaneous lousi-
ness; {e) Electing a trustee or trustees to Hll
any vacancy or vacancies.

of busi-

Ithe

so.

DUTIES OI" CHAIRMAN.

20. The chairman shall submit all motions chainnan,

, ... 1-111 (iuties ol.

to the meeting in the manner desired by the
majority. In case of an e(|uality of votes, he
shall give the casting vote, but no other vote.

I'-

Public Schools Act.

Sees. 20. 21. fjg slmll decide all questions of order, sub-
ject to an appeal to the meeting.

The names of those who vote for, and of those who
vote against, a motion may be entered upon the minutes,
if required by the majority at the time of voting, and even
after the chairman has declared the motion carried.

It is the duty of the chairman to receive nominations
for the office of trustees. It is not competent for him to
reject any vote tendered ; but, if any objection be made to
the vote, he should require the person objected to to make
the declaration, a form of which is given in section 22.
The inspector alone has the right, on complaint made to
him, to set aside any vote given.

But it seems that the chairman may declare the vote
bad, if the voter refuses to make the required declaration.

The chairman cannot receive any protest against the
legality of the meeting or its proceedings, which must be
made to the inspector (s. 32).

In electing a trustee, one of the three modes authorized
by custom maybe adopted, viz. : (i) By acclamation ; (2)
by a show of hands ; and (3) by polling the votes. The
law requires the chairman to adopt the latter mode at the
request of any two electors present, even although he may,
on a show of hands, have declared the person elected
(s. 21, s-s. l).

The chairman must also see that a correct copy of the
minutes of the annual meeting and a copy of the poll book
are forwarded to the county inspector (s. 31).

Poll 10 be 21. (i). A poll may be demanded by any

piiciiiioMot iwotwo ratepayers at any meeting; for the election
of trustees, or for the settlement of any school
question, and such poll shall be granted by
the chairman forthwith, if demanded, within
ten minutes after the vote of the meeting has
been declared from the chair.

The chairman cannov reject any vote that is tendered ;

Duties of Chairman.

but if an objection be made to any vote, he should require Sees. 21, 22.
the voter to make the declaration required by section 22,
and only on the refusal of the voter to make the same can
he declare the vote l)ad. If the voter makes the declara-
tion, and the vote is still objected to, then complaint must
be made to the ins[)ector, who has the power to set the
vote aside (s. 32).

(2). When a poll is granted for the election ['["f^^';'!,";-,'"
of a trustee the secretary shall enter in a poll
book, in separate columns, the names of the
candidates proposed and seconded at the
nomination, and shall, opposite to such col-
umns, write the names of the ratepayers offer-
ing to vote at the election within tlie time
prescribed by this Act, and shall, in the col-
umn on which is entered the name of a candi-
date voted for by a voter, set the figure ' i '
opposite the voter's name, with the residence
of the voter.

The time prescribed for voting is from 10 a.m. (s. 17)
to 4 p.m. (s. 23) ; but the poll may close at any time after
II a.m., provided a full hour has elapsed without a vote
having been polled (s. 23). •

(3). When a poll is granted upon any Public {;;;'J^|" '" f'°"
School question, the name of each voter shall
be similarly placed in separate columns,
marked "for" or "against."

22. In case objection is made to the right when. ut. is

■' " objeciea to.

of any person to vote at any school meeting,
the chairman of the meeting, or other presid-
ing officer, shall require such person to make
the following declaration or affirmation :

(i). I, A.B., do declare and affirm that I am an assessed Dnciaration
ratepayer in school section.

PiHi.ic Schools Act.

Sees. 22, 23. (2). That I am of the full age of twenty-one years.

(3). That I am a supporter of the pubHc school in said
school section No.

(4). That I have the right to vote at this election.

Whereupon the person making such declar-
ation shall be entitled to vote.

The chairman has no right to declare any vote l)ad
unless the voter refuses to make the foregoing declaration,
nor has he any right to receive any protest against the
legality of the meeting or its proceedings. Both must be
made to the inspector (s. 32).

And any person convicted of wilfully making a fal^e
declaration of his right to vole is liable to be punished l>y
fine or imprisonment, at the discretion of the Court ot
(leneral Sessions ; or a penalty of not less than five dollars,
or more than ten dollars, may be imposed upon him,
which penally may be sued for and recovered, with costs,
before a justice of the peace by the trustees (s. 187).
And see remarks under section 103, sub-section 6, of this
Act.

When poll shall 23. Thc Doll at everv election of a rural

close. ^ •'

school trustee, or on any school question,
shall not close before eleven o'clock in the
forenoon, but may close at any time there-
after when a full hour has elapsed without
any vote having been polled, and shall not be
kept open later than four o'clock in the after-
noon of the day on which the election is com-
menced ; and when such poll is closed the
chairman and secretary shall count the votes
polled for the respective candidates, or for the
school question submitted, as the case may
be, and shall declare the candidate elected,
or the school question adopted, for which the
highest number of votes was polled, or in

■(

Duties of CtrAiRMAN and Secretary. 33

case of a tie the chairman shall give the cast-^ecs aj, 34.
ing vote.

The declaration by the chairman of the scliool meeting
that such a candidate is elected constitutes the candidate a
legal trustee until his election is set aside by proper
authority. (I).R., s. 87, ss. 2.) And where certain persons
were elected school trustees, and at a meeting of the board
held sul)se(iuently to the election were declared duly
elected, but, proceedings having been meanwhile com-
menced to question the validity of the election, at a
further meeting of the board they acquiesced in the
conclusion of the board to hold a new election, and
became candidates again, and canvassed as such, until
the twenty days allowed for disputing the first election
had elapsed (the proceedings formerly commenced for that
purpose having been meanwhile dropped), and were not
elected at the second election, the Court held that they
could not afterwards maintain a suit to have it declared
they were the duly-elected trustees. (Foster v. Stokes, 2
O.R. 590.)

|ay

Ihe

24. The secretary of every school meeting Acceptance oi
at which any person or persons were elected as"^"*'^^*-
trustees shic^l forthwith notify in writing each
of such persons of his election, and every
person so notified shall be considered as
having accepted such office unless a notice to
the contrary effect has been delivered by him
to such secretary within twenty days after the
date of such election.

The secretary, who may be the teacher of the section
or any other competent person, should be appointed by the
ratepayers present at the school meeting (s. 19). It is his
duty to make a correct minute of the proceedings (s. 19),
to record the votes of the electors in the poll book, if a poll

Public Schools Act.

Sees. 34, 25, is demanded and granted (s. 21), and to sign the minutes
' " for transmission to the inspector (s. 31).

For form of notice to person elected as school trustee,
see Form 4, Appendix A.

Term for
vacancies.

25. Any trustee elected to fill a vacancy
shall hold office only for the unexpired term
of the person in whose place he has been
elected.

Trusieesmay 26. Any trustce of a rural school section

resign. •>

may resign with the consent, expressed in
writing, of his colleagues in office.

The ofifice of trustee may not only be vacated by
resignation, as provided in this section, but shall be vacated
where the trustee is convicted of any felony or mis-
demeanor, becomes insane, or absents himself from the
meetings of the board for three consecutive months
without being authorized by resolution entered upon its
minutes, or where he ceases to be an actual resident (s. 190).
Also by his having an interest in any contract with the
board (s. 197). The ofifice may also be vacated by refusal
to act after election, and on payment of five dollars by way
of penalty for such refusal (s. 194).

For form of consent of co-trustees to resignation of
trustee, see Form j, Appendix A.

Re-election of
any trustee
lawful.

27. Any retiring trustee may be re-elected
with his own consent, otherwise he shall be
exempted from serving for four years next
after leaving office.

Corporation not 28. (i). No school corporation shall cease

to cease by want *

of trustees. ^q exist by reasou of the want of trustees, but
in case of any such want any two ratepay:3rs
of the section, or the inspector, may, by

Appointment of Trustkks hy Council. 35

ise

)Ut

12 rs
by

giving six days* notice, to be posted in at least S"*- ''• ^9-
three of the most pubHc places of the section,
call a meeting of the ratepayers, who shall
proceed to elect three trustees, in the manner
prescribed in section 17 and the following
sections of this Act; and the trustees thus tenure of

' office.

elected shall hold and retire from office in the
manner prescribed by section 30 of this Act.

The notice to be given by the inspector should be
similar to Form 2, Appendix A.

(2). When the ratepayers of any school sec-^ounc^' m^ay^^^
tion, for two years neglect or refuse to elect ^jecHon?
trustees, after being duly notified as herein
provided, the municipal council of the town-
ship may appoint trustees for the said school
section, who shall hold office for the same
term as if elected by the ratepayers ; or the ^hooi"8e?tio°n
municipal council may by by-law declare sucho?
section dissolved, and shall (in case of dis-
solution) attach the same, in such proportions
as they may deem expedient, to adjoining
sections. The assets of every section so dis-
solved shall be disposed of as may be deter-
mined by the municipal council.

on non-election
trustees.

new school
section.

29. Where a new school section is formed f/°^^^^'„"|'f°"
in any township as provided in this Act, the,
clerk of the township shall cause notice to be
posted in three of the most public places in
the new school section, calling the first annual
meeting thereof, at least six days before the
last Wednesday in December, in the year in
which such new school section was formed,

Pliji.ic Schools A'.;t

Sees, ag, 3o- and the first meetin*,' in every new school sec-
tion sliall be held at the samt; time as the
annual nieetint^ in school sections. The

""b^ L"rKan?z*ed m^'^'tinj^ shall be orj^ani/ed, and the proceed-
ings conducted, as near as ma\- be, according
to the provisions of sections 19 to 24 of this
Act, inclusive.

For form of notice under this section, see Form 6,
Appendix A.

Termofofficeof 30. Tlic trustecs clccted at the first meeting

each trustee. . i i • i 1 1 •

in every new school section shall respectively
continue in ofiice as follows : —

First.

Second.

Third.

Order of
seniority of
trustees.

(I). The first person elected shall continue
in ofiice for two years, to be reckoned from
the annual school meeting next after his elec-
tion, and thence until h's successor has been
elected ;

(2). The second person elected shall con-
tinue in office for one year, to be reckoned
from the same period, and until his successor
has been elected ;

(3). The third, or last person elected, shall
continue in office until the next ensuing
annual school meeting in such section, and
until his successor has been elected ;

(4). In case of a poll being taken .le or

more trustees at the first meeting i, a new
school section, then the trustees shall rank n
seniority according to the number of votes
polled, and in case of a tie, then in the order
of their nomination.

Tkistkics' Tickm of Ofi-ick.

or
lew
n
)tes
Ider

ICvcry tnisttc liolds office for three years, and until his Sees. 30, 31,
•successor is elected (s. 14). 'I'his rule di)es not apply to
the second and thir<l trustees ele<'ted Aijirat school meeting
in a section. One of these three trustees (the second
elected) holds office for two years, and the other (the third
elected) holds it for one year, and in all (ases until their
respective successors are appointed, After serving his full
term a person cannot he compelled to act as trustee again
until after the expiration of four years; but he may, with
his own consent, be re-elected on going out of ofifice (s. 27).
This privilege does not extend to a person who declines to
act as trustee and |)ays the fine of five dollars for non-
service (s. 194). Such a person may be elected to fill the
next succeeding vacancy, but may decline to serve on pay-
ment of five dollars as before.

31. A correct copy of the minutes of the copy of minutes

, - to be sent to

first and of every annual and of every special '"^p"'""^-
sciiool meeting, and a copy of the poll book
where a poll has been taken (all of which
shall be signed by the chairman and secre-
tary), shall be forthwith transmitted by the
chairman of the meeting to the county in-
spector.

The minutes should be signed at the close of the meet-
ing, and a copy sent to the inspector within ten days after
the holding of such meeting; otherwise the chairman is
liable, on the complaint of any ratepayer, to a fine of not
more than five dollars, which can be sued for and recovered
before a justice of the peace (s. 197).

For form of transmission under this section, see Form
7, Appendix A.

32. When complaint is made to the in-compiaintsasto

'■ _ elections.

cspector by any ratepayer that the election of
a trustee, or that the proceedings or any part
thereof of any school meeting, have not been

PuBi.Tc Schools Act.

Sec. 3a- in conformity with this Act, the inspector
shall investigate the same, and confirm or set
the election or proceedings aside, and appoint
the time and place for a new election, or for
the reconsideration of the school question at
issue, but no complaint in regard to any elec-
tion or proceeding at a school meeting shall
be entertained by any inspector unless made
to him in writing within twenty days after the
holding of the election or meeting.

The Rules of the Education Department also provide
that every county inspector shall decide complaints with
regard to the election of trustees and other matters. (D.R.,
s. 74, s-s. 12.) Should the inspector require to examine
witnesses in any election case before him, or in regard to
any other school matter, he can administer an oath to them,
or require their solemn affirmation before he receives their
testimony (s. i6o).

This section expressly provides for the speedy and in-
expensive rectification of all proceedings not in conformity
with the Act, in the administration of the law with reference
to rural public schools. ( McGugan v. School Board of South-
wold, section No. /, 17 O.R. 428.)

It empowers the inspect' to investigate complaints
regarding the legality of a school meeting, but leaves the
nature of the investigation to his own judgment. He is not
bound to investigate the complaint before calling another
meeting, but can call a fresh meeting for the purpose of
ascertaining what was the true opinion of the former meet-
ing. (Departmental Decision, re S.S. Mariposa, 27th April,
1801.)

And where certain persons were elected school trustees,
and, at a meeting of the board held subsequently to the
election, were declared duly elected, but, proceedings having
in the meanwhile been commenced to question the validity
of the election, at a further meeting of the board they
acquiesced in the conclusion of the board to hold a new

lints
the
not
kher
[e of
lieet-
ipril,

jtees,
the
jiving
lidity
I they
new

Organization of School Board.

election, and became candidates again, and canvassed as Sees. 3a, 33.

such until the twenty days allowed for disputing the first

election had elapsed (the proceedings formerly commenced

for that purpose having been meanwhile dropped), and were

not elected at the second election, the Court held that

they could not afterwards maintain a suit to have it declared

that they were the duly elected trustees. (Foster v. Stokes^

2 O.R. 59°)

33. (I). Every board of school trustees orKanization of
shall be organized by the election of a chair-
man and a secretary-treasurer. A majority
of the board shall form a quorum.

.v-treasurer.

(2). The secretary-treasurer, who may be ? g""'bysecK-
member of the board, shall give such security'*'
as may be required by a majority of the
trustees — such security to be deposited with
the clerk of the municipality.

The word "security" means sufficient security (R.S.O.,
1887, c. I, s. 8, s-s. 20). This security must be given, the
word "shall" being construed as imperative (I/>., s-s. 2).

If school trustees neglect to take any security from their
secretary-treasurer, as it is their duty to do under sub-section

2 of above section, they are personally responsible for any
loss sustained by reason of their not doing so (ss. 198, 199).
The security should be given in the form of a bond; y.r'..
Form S, Appendix A. This bond must be lodged with the
clerk of the township council.

In Keith v. Fenelon Falls Union School Section et ul.,

3 O.R. 194, a municipal corporation passed a by law for
raising a loan to liquidate a debt to be incurred in enlarg-
ing the schoolhouse in a public school section, and providing
for the issue of debentures for that purpose, and for levying
a special rate to poy the interest thereon, and to create a
sinking fund for the payment of the principal ; and the
municipal authorities paid the money so raised by the
special rate to the secretary-treasurer of the school board of

. t

Public Schools Act.

Sec. 33. the said section. A., the secretary-treasurer of the school
board, and B., as his surety, gave a bond of ffice, reciting
that A. had been appointed such secretary-treasurer, and
that " it was required that security should be given for the
due and faithful performance of any and all the duties per-
taining to such office," and conditioned to "correctly and
safely keep any and all moneys and papers belonging to the
said school board, and to faithfully and honestly deliver up,
account for, and pay over any moneys which at any time
thereafter might come into his hands and possession as such
secretary-treasurer," and A. received and made default in
respect of certain moneys improperly paid to him as such
secretary-treasurer. The Court held that the condition
must be read with reference to the recital, and its scope
might i)e thereby restricted ; and, reading the two together,
B. was not liable for the moneys so received by A., which
were outside the duties pertaining to his office, and should
have been retained by the municipal corporation. B. having
been informed by the school board that A. was in default,
but not in respect of what moneys default was made, as to
which he made no enquiries, and having at the request of
the school board given a mortgage to stcure the liability
which he was informed he had, by reason of such default,
incurred as surety under the above bond, and having sub-
sequently ascertained that the default was partly in respect
of moneys improperly paid to A., it was held that B. was
entitled to redeem on payment of the balance only of the
moneys for which he was held liable as surety, the mortgage
having been executed under a mistake. The trustees should
therefore be careful to see that the bond fully covers con-
tingencies of above and a similar nature.

And where the security is taken by the trustees from a
guarantee company, the terms of the contract with such
company must be strictly complied with ; otherwise they
will not be entitled to recover from the company on the
secretary-treasurer making default. Thus where a term of
a policy required that the books of the secretary-treasurer
should be audited at the end of each year by the auditors
as required by statute, and the books were audited, but not

"^r

Duties of SiiCKETARY-TKi-:ASUREK.

■ the

by the proper auditors, it was held that the terms of the Sees. 33, 34.
guarantee had not been complied with, and that the trustees
could not recover. (The Board of Education of the Town
of Paris v. llie Citizens' Insurance and Investment Com-
pany, 30 C.P. 132.)

( ^). The secretary-treasurer may be allowed compensation

^^ J •'of secretary-

such compensation for his services as secre- •fe''="f"-

tary or for attending to the repairs of the

schoolhouse or premises as shall be agreed

upon by resolution of the annual meeting duly

entered on the minutes.

The secretary-treasurer may also be appointed school
collector (s. 51).

34. It shall be the duty of the secretary- "^"""ofsecre-

-' -' tary-treasurer.

treasurer : —

(i). To keep a full and correct record of
the proceedings of every meeting of the board
in the minute book provided by the trustees
for that purpose, and to see that the minutes,
when confirmed, are signed by the chairman
or presiding trustee ;

(2). To receive all sc'.ool moneys collected

from the ratepayers of the section or other

persons, and to account for the same ;

A school trustee having money in his hands, not as
secretary and treasurer of a board, or in any official
capacity, cannot embezzle such money, his duty as a trustee
not reciuiring him or authorizing him to receive it. (Ferris
V. Incin, 10 C. P. 116.)

(3). To disburse all moneys in the manner
directed by a majority of the trustees ;

(4). To produce, when called for by the

PuHLic Schools Act,

Sec. 34. trustees, auditors or other competent authority,
all papers and moneys belonging to the cor-
poration ;

(5). To call, at the request in writing of two
trustees, or on the petition of ten ratepayers,
a special meeting of the board of trustees.

Notice of all meetings shall be given by the secretary-
treasurer to each of the trustees, by notifying them person-
ally or in writing, or by sending a written notice to their
residences (s. 35). Notifying the trustees personally is
always a doubtful method, as, without a witness to the fact,
it is often incapable of proof in case of denial.

It is also the duty of the secretary-treasurer to receive
all moneys levied and collected by the municipal council of
any township (s. 1 18). And where any award for a school
site, made and published under this Act, has to be regis-
tered, the secretary-treasurer is the person who should make
the affidavit required for the purposes of registration (s. 71).
Should he wrongfully withhold, neglect, or refuse at any
time to deliver up, or to account for and pay over, any
books, papers, chattels, or moneys which came into his
possession as such secretary-treasurer, or any part thereof,
to the person, and in the manner directed by a majority of
the school trustees for the school section then in ofifice, or
by other competent authority, such withholding, neglect, or
refusal, shall be punishable (s. 200). And the county judge
is authorized, on the application of two trustees or two rate-
payers, supported by their affidavits, to order the secretary-
treasurer to deliver up, account for and pay over, the books,
papers, chattels, or moneys by a certain day to be named
by the judge, upon pain of imprisonment, without bail,
V itil the order is complied with (ss. 201 to 203). But this
proceeding does not affect any other remedy the trustees
may have against a secretary-treasurer (s. 204).

And a trustee corporation can maintain an action " for
money had and received " against their secretary-treasurer
to recover money in his hands not expended or accounted

Duties OI^- ShXKKTAKY-TRKASLKER.

for. (Trustees of S^'uml Section N'o. y in the Toivnship (>fStcs. 34, 35.
Ste/>/ien v. Mitchell, 29 Q.B. 382.)

And if a person acts in the capacity of secretary-treasurer
of a school corporation, although he has not been appointed
in writing, and has not given security as required by section
32 of this Act, but has been recognized Ijy the corporation
as their secretary-treasurer by their intrusting him with the
cust jdy of their books and papers, and by allowing him to
receive moneys for them, and by auditing his accounts and
receiving and approving of the auditors' reports, and he
afterwards absconds with certain moneys which have been
received by him, as such secretary-treasurer, from third
parlies, the school corporation cannot compel the third
parties to make good the money received by the absconder
by alleging that he was not the duly appointed officer of
the corporation; for if a person acts notoriously as the
officer of a corporation, and is recognized by it as such
officer, a regular appointment will be presumed, and his
acts will bind the corporation, although no written proof is,
or can be, adduced of his apjwintment. (School Trustees,
Toivnship of Hamilton v. Neil, 28 Chy. 408.)

The rule is laid down and is exemplified by many cases
in Taylor on Evidence, eighth edition, section 171, that a
person acting in an official capacity is presumed to be
regularly appointed, and no distinction is recognized,
though the appointment must necessarily be in writing or
under seal, or though proceedings be criminal or in the
highest degree penal.

35. Notice of all meeting^s shall be driven by Notice of

" C-) ^ meetings, how

the secretary-treasurer to each of the trus-^'"-'"-
tees, or by any one of the trustees to the
others, by notifying them personally, or in
writing, or by sending a written notice to
their residences.

And if proper notice is not given under this section,
and the school meeting is, in consequence thereof, not
held, the secretary-treasurer is liable to a fine of five

Public Schools Act.

Sees. 35, 36. dollars, which can he sued for and recovered before a
justice of the peace (s. 192).

The trustee upon whom may devolve the duty of
giving the notice of meeting to the other trustees is
required to exercise the same care and punctuality in so
doing as is tnjoined on the secretary-treasurer, and in
default of so doing is liable to the same fine.

For form of notice under this section, see Form q,
Appendix A.

Corporate acts 36. No act or procecdinc: of a rural school

must be adopted -^ '->

j;5g'^j7„'^["'"*"^^ corporation wliich is not adopted at a regular
or special meeting at which at least two trus-
tees are present shall be valid or binding on
any person affected thereby, unless notice of
such meeting has been given as required by
this Act, and unless a minute of such act or
proceeding is made in writing and signed by
two of the trustees.

In an action by a school teacher to recover damages
as for wrongful dismissal, it was sh~wn that the agreement
to employ the plaintiff was made in writing, under seal and
signed by two of the three trustees, but not at the same
time or at any meeting of the trustees called for the pur-
pose of transacting school business; the Court held that
the agreement was void under section 97 of the Public
Schools Act (R.S.O., 1877, c. 204). which provides that
" No act or proceeding of a school corporation which is not
adopted at a regular or special meeting of the trustees
shall be valid or binding on any party affected thereby."
( Lambiere v. The School Trustees of Section No. j, South
Cayui:^a, 7 A. R. 506.) The section referred to in this
case is materially the same in wording and principle as
above section, the difference being that the latter provides
for the further requisites of notice and the presence of at
least two trustees.

AlM'OINTMKNT (/F AtDITOK^

AUDITORS.

Sec. 37.

mth
this

as
ides

accour

before auditors.

37. (i). Every board of school trustees Appointmem of

^ - auditors.

shall, on or before the first day of December,
appoint an auditor, and in case of their
neglect, or the ne<;lect of the ratepayers at an
annual or special meeting to do so, or in
case of an auditor being appointed or elected
who refuses, or is unable to act, then the in-
spector shall at the request in writing of any
two ratepayers make the appointment.

For form of request to ins[)ector, see Form 10, .\ppcn-
di.x A.

(2). The trustees, or their secretary-treas- Trustees and

- •' secretary-

urer shall lay all their accounts before the'f'*""^'' '" '»y

J accounts, etc.,

school auditors of the section, or either of
them, together with the agreements, vouchers,
contracts and books in their possession, and
the trustees or their secretary-treasurer, shall
afford to the auditors, or either ot them all
the information in their or his power as to
the receipts and expenditure of school moneys.

And if the trustees refuse to furnish the auditors with
any papers or information in their power, which may be
recjuired of them relative to their school accounts, they are
liable to fine or imprisonment (s. 205).

And no secretary-treasurer, and no person having been
such secretary-treasurer, and no trustee or other person,
who may have in his possession any books, papers, chattels,
or moneys, which came into his possession as such
secretary-treasurer, trustee, or otherwise, shall wrongfully
withhold or neglect or refuse to deliver up or account for
and pay over the same or any part thereof to the person
and in the manner directed by a majority of the trustees.
Upon proof of such wrongful withholding or refusal, the

Public Schools Act.

Sec. :>7. county judge shall order the party complained of to deliver
up, acc(mnt for, and pay over the books, papers, chattels, or
moneys applied for by a certain day, with reasonable
costs, on pain of arrest and imprisonment by the sheriff,
without bail (ss. 200-203).

The expeiidifurc of a school may ht for any imv/i/i pur-
pose 7vhatsoever, and may not only include the ordinary
expenses of the school, but also collector's fees, law costs
incurred in maintaining or defending unnecessary suits,
postages, stationery, or any incidentals connected witli the
office of trustee.

It would seem that costs incurred in defending unsuc-
cessfully a suit brought against trustees for levying an
unauthorized rate, or travelling expenses incurred in order
to consult the superintendent, do not come within the
scope of the word "expenditure." (Stark v. Montague
etal., 14 Q.B. 473.)

But a rate may be levied to reimburse school trustees
for the costs of defending a groundless action brought
against tiiem. (In re Tiernan and the Municipality of
Nepean, 15 Q.B. 87.) And where such a charge was in-
curred before the establishment of a separate Roman
Catholic school, the supporters of that school were not
exempt from the rate. (If>.)

And where a bill of costs is delivered to and paid by
the trustees of a public school, an individual ratepayer of
the section in which such school is situate is not, merely
by virtue of his having to contribute as a ratepayer, entitled
to obtain an order for the taxation of such bill of costs,
either under the Solicitors' Act, R.S.O., 1887, cap. 147,
ss. 32 and 42, or under Consolidated Rule 1229, (Mc-
CrUi^an V. McGui^^an, 19 A.R. 56; In re Barber, 14 M. &
VV. 720.)

And while trustees carry out the lawful decision of their
constituents, neither the auditors nor any public meeting
can limit or deprive them of the authority conferred upon
them by this Act (s. 40, s-s. 2) as to keeping in repair and
order the section schoolhouse, and its furniture and
appendages.

Duties of Auditors.

:rof
irely
litled

ists,

47.
Mc-

1. &

meir

king

fpon

and

(3). The auditors appointed or one of them, Sec8^7, 38.
shall, on or immediately after the first day of "^'"'^ °' ''"'^"•
December in each year, appoint a time, before
the day of the next ensuing annual school
meeting, for examining the accounts of the
school section.

The auditors should, of course, apprise the secretary-
treasurer of the trustees of the day fixed for examining the
accounts.

38. It shall be the duty of the auditors of'^"'J««°*

J auditors.

every school section : —

(i). To examine into and decide upon the
accuracy of the accounts of the section, and
whether the trustees have duly accounted for
and expended for school purposes the moneys
received by them, and to submit the said
accounts, with a full report thereon at the
next annual school meeting.

In case collusion should be found to exist between :he
auditors of a rural school section and the trustees in regard
to their accounts, or in case of any other alleged irregularity
in the school accounts, any two ratepayers can, under the
authority of sections 201, 202, and 203 of The Public
Schools Act, iSgr, apply to the judge of the County Court
to summon witnesses and hold an inquiry into the facts
and take evidence in regard thereto under oath. (Minister
Crooks^ Dtrision, 1879.)

See remarks under section 107 (11).

(2). In case of difference of opinion between
the auditors on any matter in the account, it
shall be referred to and decided by the
county inspector;

Puhlic Schools Act.

Sees. 38, 39. (^), If ijQti^ Qf tiic auditors ohjeC to the

lawfulness of any expenditures made by the

trustees, they shall sul:)mit the matters in

difference to the annual meetinj^^ which may

eitlier determine the same, or submit the

matter to the Minister of Education, whose

decision shall be final.

The trustees arc the sole judges as to the expediency
of any expenditure, and the auditors can only he <'oncerned
with the lawfulness of the sinie, i.e., whether it is autlK)ri^ed
by the school law.

Powers of
auditor!).

39. It shall be competent for the auditors
or one of them —

(i). To require the attendance of all or any
of the persons interested in the accounts,
and of their witnesses, with all such books,
papers, and writings as the auditor or auditors
may direct them or either of them to produce.

For form of notice by school auditors under this sub-
section, see Form i , Appendix A.

(2). To administer oaths to such persons

and witnesses

Under this sub-section, the auditors have power to
examine such persons and witnesses under oath regarding
any matter relative to the school accounts.

(3). To issue their or his warrant to any
person named therein, to enforce the col-
lection of any moneys by them awarded to be
paid ; and the person named in the warrant
shall have the same power and authority to
enforce the collection of the moneys men-
tioned in the said warrant, with all reasonable

Duties of Trustees.

costs by seizure and sale of the property of Sees. 39, 40.
the party or corporation against whom the
same has been issued, as any baihff of a
Division Court has in enforcing a judgment
and execution issued out of such Court.

The warrant referred to in this section has the same
effect as the execution issued by the clerk of a Division
Court, under the seal of ttie court, to one of the bailiffs of
the court, who, by virtue of the execution, can seize the
goods and chattels of the debtor and dispose of them by
sale in order to realize the amount of the debt. (R.S.O.,
1887, c. 51, s. 212.) See Bicknell o.-^ Scaler's Division
Courts Act, Vol. I., p. 292, <V Sty/.

By the analogy of the warrant to the execution, it
would seem that any goods of the person named in the
warrant mentioned in section 2 of T//f Execution Act,
R.S.O., 1887, c. 64, would be exempt from seizure.

For form of warrant under this clause, see Form 12,
Appendix A.

(4). The auditors shall remain in office until
their audit is completed.

I any
Icol-
be
rant
to
len-
ible

trus-

DUTIES OF TRUSTEES.

40. It shall be the duty of the trustees, Powers and

11 1 11 1 duties of tru

and they shall have power — '^es

(i). To take possession of and to hold all custodj and
property which has been acquired or given *''''°°'p''°p^'''''
for Public School purposes in the section, in-
cluding any land, movable property, moneys
or income given or acquired at any time for
Public School purposes, and to hold or apply
the same according to the terms on which the
same were acquired or received ; and to dis-
pose, by sale or otherwise, of any school site

Public Schools Act.

Sec. 40. or school property not required by them in
consequence of a change of school site, or
other cause ; to convey the same under their
corporate seal, and to apply the proceeds
thereof to their lawful school purposes, or as
directed by this Act.

This provision of the law, which vests all school property
in the trustee corporation for the purposes of sale, requires
that trustees should, whenever practicable, obtain a deed, a
bond for a deed, a lease, or other legal instrument, grantinf^
quiet possession to them of the property in their section,
in case they have not sufficient title to it. Objection is
frequently made to the right of trustees to assess the section
for the repairs or building of the schoolhouse, where no
full legal title to the school premises is vested in them. To
remove this objection (although it is only a technical one),
trustees should obtain the legal instrument referred to, and
have it registered without delay.

The trustees should not fail to register their title to the
school site. In case the owner of a site refuses to sell it
to the trustees, and they are compelled to take possession
of it under an award of arbitrators (ss. 67, 69), which
award constitutes their title to the land (s. 71), they should,
on the affidavit of their secretary-treasurer verifying the
same, register the award in the proper registry office (s. 71).

Bat want of registration of title does not deprive the
trustees of the right to assess and collect money for any of
the school purposes of the section.

All corporations and persons whatever, tenants in tail
or for life, guardians, executors, administrators, and all
other trustees whatsoever, not only for and on behalf of
themselves, their heirs and successors, but also for and on
behalf of those they represent, whether infants, issue
unborn, lunatics, idiots, femes-coverts, or other person,
.seized, possessed of, or interested in any land, may contract
for, sell, or convey all or part thereof to school trustees for
a school site or an addition to the school site, or for a

Duties of Trustees.

teacher's residence ; and any contract, agreement, sale,
conveyance, and assurance so made shall be valid and
effectual to all intents and purposes whatsoever ; and the
corporations or persons so conveying are indemnified for
what they respectively do by virtue of or in pursuance of
this Act (s. 75).

The council of every township may pass by-laws for
obtaining such real property as may be recjuired for the
erection of public school houses thereon, and for other
public school purposes, and for the disposal thereof when
no longer recjuired. (55 Vict., c. 42, s. 4S9, s-s. 10.)

All lands which previous to the 24th day of July, 1850,
were granted, devised, or otherwise conveyed to any person
or persons in trust for common school purposes, and held
by such person or persons and their heirs or other suc-
cessors in the trust, and have been heretofore vested in the
public school trustees of the school section or division in
which such lands are respectively situate, shall continue
vested in such trustees, and shall continue to be held by
said trustees and their succe'-sors upon the like trusts and
subject to the same conditions and estates upon or subject
to which the said lands are now respectively held (s. 212).

Every public schoolhouse, with the land attached thereto
and the personal property belonging tiiereto, is exempt
from taxation, as provided by sub-section 5 of section 7 of
T/ic Consolidated Assessment Act, 55 Vict., c. 48.

Land conveyed to school trustees for a school cannot
be sold under execution against them for money due for
building the schoolhouse, it being contrary to public policy
that a schoolhouse in daily use (any more than a court
house or jail) should be held liable upon execution, as,
not the trustees, but the inhabitants of the town, are the
cestuis i/ue trust. The plaintiff should have resorted to his
other remedies against the trustees for neglect of duty, as
provided by sections 195 and 196 of this Act. (Scott v.
Trustees of Union School Section No. i in Burgess., and
No. 2 in Bathurst, 19 Q.B. 28.)

And a reservation for school purposes on a plan is of
such a character to be the subject of a dedication, and

Sec. 40.

SSi

Public Schools Act.

Sec. 40. would vest the property reserved in the school trusti e cor-
poration and their successors. ( T/w Corporation of
Wyomini::; and The Public School Board of IVyo/itin}^ v. Jkll,
24 Chy. 564.) See also Guelph v. Canada Company,
4 Chy. 654 ; and Klinkevcr v. School District, 1 1 Penn.
St. R. 444.

For form of deed to school trustt^es, see J'brni /j,
Appendix A.

Repairing,
etc., school-
bouse.

(2). To keep the schoolhouse, furniture,
outbuildings, and enclosures in proper repair,
and to keep the well, closets and premises
generally in proper sanitary condition and
where there is no suitable schoolhouse
belonging to the section, or where two or more
schoolhouses are required, to build or rent a
house or houses and to keep such house or
houses, its or their furniture, outbuildings and
enclosures in proper repair, and to keep the
schoolhouse insured, if re(|uired so to do by
resolution of a meeting of the ratepayers of
the section.

The schoolhouse should only be used for the particular
purpose for which it is built, and no schoolhouse or lot,
unless 30 provided lor in an old deed (s. 212), or any
building, furniture, or other thing pertaining thereto, shall
be used or occupied for any other purpose than for the use
and accommodation of the public schools of the section or
division, without the express ; 'irmission of the trustees, and
then only after school hours, and on condition that all
damages be made good, and cleaning, sweeping, etc.,
promptly done or compensation made therefor. (D.R.,
s. 89.) Should the trustees abuse this discretion in regard
to the use of the schoolhouse, they may be restrained by
injunction. But no action for an injunction will lie where
the majority of the trustees are against the schoolhouse

DuTiHs OF Trustees.

beinj^ used for any otlier than school purposes, for they
have the power themselves to do what they consent to the
Court doing. ( Ralnan v. The School Trustees of the Town-
sh'p of Thur/ow, 12 Chy. 115.)

Trustees should, for convenience, appoint one of their
number, or the secretary-treasurer, or other responsible
person, and give him authority, as well as make it his duty,
to keep the schoolhouse in good repair. (1). R., s. 89.)
He should also see that the windcws are properly filled
with glass ; and that, at a proper season, the stove and
pipes are in a fit condition, and suital)le wood provided ;
that the desks and seats are in good repair ; that the out-
houses are properly provided with doors and are frequently
cleaned ; that the blackboards are painted, the water supply
abundant, and everything provided necessary for the
comfort of the pupils and the efficiency of the school.

'The trustees of a school section, being a corporation,
are not liable to pay for a schoolhouse erected for and
accepted by them, not havinj^ contracted for the erection
of same under seal. (Marshall v. School Trustees of School
Section N'o. ii, Township (f Kit ley, 4 C.P. 373.)

But the fact of alterations having been made in the
boundaries of a school section, and many changes having
taken place among the ratepayers tliereof, since the
recovery of a judgment against the trustees of the section
for building a schoolhouse, is no ground for .1 -efusal on
the part of the trustees to levy a rate tc satisfy the
judgment, and they may be compelled by mandamus to
do so. (Scott V. The School Trustees of Burgess and
Jyathurst, 21 C.P. 398.)

In case of a trespass on tlie schoolhouse, the trustees,
and not the schoolmaster, should sue, unless it can be
shown that the trustees have given the schoolmaster a
particular interest in the building beyond the mere liberty
of occupying it during the day for the pur[iose of teaching.
(Monaghan v. Ferguson et al., 3 Q.lj. 484.)

Sec. 40.

iS)- To provide adequate accommodation Adequate ac

^ ' ' _ ^ comiium^iiior

and a legally qualified teacher or teachers, for''^f"°''<^'^'^-

ion to

§m

Public Schools Act.

Sec. 40. two-thirds of the children between the ages
of five and sixteen years, whose parents or
guardians are residents cf the section, as
ascertained by the census taken by the
municipal council for the next preceding
year ; provided always such children are not
to include the children of persons on whose
behalf a separate school is established ac-
cording to the provisions of T/ie Separate
Schools Act.

The " accommodation," to be adequate, should include :
(i) Size of Site. — A site of an acre in extent, hut not
less than half an acre.

(2) Size of Rooms.— A. schoolhouse (with separate
rooms where the number of pupils on the rolls exceeds
fifty), the walls of which shall not be less than ten teet high
in the clear, and which shall not contain less than nine
square feet on the floor for each child in attendance, so as
to allow an area in each room for at least one hundred
cubic feet of air for each child. The rooms must also be
sufficiently warmed and ventilated, and the premises
properly drained.

(3) Fence. — A sufficient fence or paling round the school
premises.

The Line Fences Act, R.S.O., 1887, c. 219, which
applies to school fences, enacts that " Owners of occr.pied
adjoining lands shall make, keep up and repair a just pro-
portion of the fence which marks the l)oundary between
them, or if there is no fence they shall so make, keep up
and repair the same proportion which is to mark such
boundary ; and owners of unoccupied lands whicli adjoin
occupied lands shall, upon their being occupied, be liable
to the duty of keeping up and repairing such proportion,
and in that respect shall be in the same position as if their
land had been occupied at the time of the original fencing,
and shall be liable to the compulsory proceedings herein-
after mentioned " (s. 3).

Duties of Trustees.

The same Act also provides, in case of dispute, for the
appointment of fence-viewers to make an award, which may
be enforced as therein pointed out.

(4) A Pla}y;round^ or other satisfactory provision for
physical exercise, within the fences, and off the road.

(5) A Well, or other means of procuring water for the
school.

(6) Separate Offices. — Proper and separate offices for
both sexes, at some little distance from the schoolhouse.
from each other, and enclosed with a high and secure fence.

(7) Maps, Apparatus, and Library. — Suitable school
furniture and apparatus, desk, seats, blackboards, maps,
library, presses, and books, etc., necessary for the efficient
conduct of the school. (D.R., ss. i, 2, 3.)

The trustees alone have the right to decide upon the
kind, size, and description of the schoolhouse or teacher's
residence which they shall erect. No ratepayer, public
meeting, or committee has any authority to interfere with
or control them in this matter. They also have full power
to decide what fences, outbuildings, sheds, and other
accommodations shall be provided. To them also ex-
clusively belongs the right to have the school grounds
planted with shade trees and properly laid out.

In case the trustees fail to provice suitable outhouses,
fences, maps, etc., inspectors should require that these
deficiencies be supplied within a reasonable time ; and
unless reasonable and satisHxctory efforts be made, having
regard to the circumstances of each school, the defaulting
trustees should be reported to the Department, in order
that they may consider the propriety of withholding the
apportionment of the school fund from such section.
(Mi>iister Crodks' Decision, 1S79.)

While every child between the age of fi^'e and twenty-
one years has the right to attend some school (s. 9, s-s. i),
all children between eight and fourteen years of age are
required to attend school for the full term during which
the school of the section in which the> reside is open each
year, provided there is sufficient accommodation (55 Vict.,
c. 56, s. 2) ; yet, under the above sub-section, trustees are

Sec. 40.

Public Schools Act.

Sec. 40. only required to provide adequate accommodation for two-
thirds of the children between five and sixteen years of age
whose parents are residents of the section.

But, if there is sutificient accommodation, trustees are
required to admit to their school the children of all
resident ratepayers of their section between the age of five
and twenty-one years, so long as their conduct is in con-
formity with the general regulations, and the rates of the
school and the rates required to be paid on their behalf
are fully discharged.

As to the admission and attendance of the children of
non-residents, see section 9, sub-section 2, and section 172.
And under sub-section 7 of this section the trustees have
power to exempt any indigent person from the i)ayment of
school rates, and admit the children of such person to
their school.

Section 2 of Th- Separate Schools Act, R.S.O., 1887,
chapter 227, provides foi the establishment of separate
schools for P' otestants and colored people.

And residents of a section in which a separate school
has been established for the class to which they belong are
not entitled to send their children to the public school of
such section. (In re Hill v. The School Tru.tees of Camden
and Zone, 11 Q.B. 573.)

But where no separate school has been established for
the class to which the resident of a school section belongs,
the trustees of such section cannot exclude from their
iichool the children of such person. ( Washington v. The
Trustees of School Section No, 14. in the Township of Char-
lotteville, 11 Q.B. 569.)

Although the right to attend the public school of the
section does not extend to the children of persons on
whose behalf a separate school according to law has been
established, the creation of the separate school only sus-
pends the privileges of the class and does not annul them,
and, if the separate school ceases to exist, their rights and
privileges revive. And where a separate school has been
created on behalf of a class, but not kept up, the trustees
will be compelled to admit fo the public school the child

Duties of Trlstees.

of the
)ns on
|s been

Iv sus-

them,

ts and

been
Jus tees

child

or children of a member of the cUss. (In re Strunirt and Sec. 40.
T/w Trustees »/ School Section S of the Township of Sandwich
East, 23 Q.B. 634 ; /// ;v Hutchison '^nd the School
Trustees of St. Catharines, 31 Q.15. 274.)

(4). To visit, from time to time, every sciiool schoo"f.
under their charge, and to see that it is con-
ducted according to this Act and the regula-
tions of the Education Department.

The individual power of a trustee in a school is limited.
It does not include any rii^ht on his part to interfere with
the teacher in his administration of discipline in the
school, nor in his mode of teaching. The teacher is not
in any way subject to the direction of an individual trustee,
unless acting under the express authority of both of his
colleagues. In no case has a trustee the right to reprove
or censuie a teacher in the presence of any of his pupils.

(5). To dismiss from the school any pupil iMsmissai of

^ _ _ y 1 1 refractory

whom they and the principal of the school '^"p"^-
have adjudged so refractory that his presence
in school is deemed injurious to the other
pupils, and to remove, where practicable, such
pupil to an industrial school.

When the trustees have agreed with the principal of the
school that the example of any pupil is very hurtful to the
ether pupils, they shall autliori/e the principal to dismiss
such pupil from the school. liut when a pupil so dis-
missed shall express to the principal teacher, as openly and
explicitly as the case may refjuire, his regret for the course
of conduct which led to his dismissal, the trustees, with
the concurrence of the principal, shall readmit the pupil to
the school. But in all cases where reformation appears
hopeless, the pupil, where practicable, is to be removed to
an industrial school.

L'nder section 9, every child between five and twenty-
one years of age has the right to attend some school.

Public Schools Act.

Sec. 40. They cannot l)e deprived of this right, except under above
sub-section, and by action taken under The Public Health
Act, R.S.O., 1887, c. 205, s. 94, owing to their suffering
from a contagious disease. To remove a pupil to the
industrial school, advantage must be taken of the machinery
provided by The Industrial Schools Act, R.S.O., 1887,
chapter 234.

Trustees are not liable to an action for wrongful dis-
missal, for the act of their school teacher in dismissing a
pupil for disobedience and speaking impudently, and
refusing to be punished for his misconduct, even though
they pass a resolution that the pupil can return to the
school on apologizing for his misconduct, for such resolu-
tion was not an expulsion ; neither are they liable for not
compelling a teacher to give a pupil, whom he has dismissed
for misconduct, instruction, if the teacher, in not instructing
the pupil, was not acting undei their direction. (In re the
Minister of Education — Mclniyre v. Public School Trustees
of Section 8 in the Township of Blanchard, 11 O.R. 439.)

It seems that a parent would have a right to be notified
of and attend any meeting of trustees held for the purpose
of investigating the misconduct of his child. (lb.)

But the Court will not interfere with the discretion
exercised by the master and trustees in dismissing a pupil,
so long as they have a discretion. (Re McCallum and Board
of Public School Trustees of Section 6, Township of Brant,
17 OR. 45 i ; H'ich on "Extraordinary Legal Remedies,"
second edition, ao.) And in Re Yuill^nn unreported case,
the Chief Justice of the (Queen's Bench Division on April
27th, 1 888, held that an application for mandamus would
not lie to correct a supposed err(>r of teacher or trustees in
a matter of discipline, and that such an application was
practically an appeal from the decision of the teacher and
trjstets.

T«x(bcoks. (f ''. To see that the pupils use authorized
text-books and no other ; and that the school
is soppHed with a visitor's book, register and
suitable maps, globes, apparatus and other

Duties of Trustees.

equipment and to procure annually, for the
benefit of their school section, some peri-
odical devoted to education, and to do what-
ever they may deem expedient in regard to
procurin<( prize and library books for their
school.

Sec. 40.

The Education Department has power to make regula-
tions for the authorization of text-books for the use of
pupils attending the public schools, and for the selection
of books of reference for the use of f achers and pupils,
and school libraries. (55 Vict., c. 54, s. 4, s-s. 2.)

Trustees who negligently or wilfully substitute any un-
authorized textbook in place of any authorized text-book
in actual use upon the same subject in their school are
liable to a penalty not exceeding ten dollars (s. 176). A
change, however, may be made at the beginning of a term,
by the consent of the trustees and inspector (s. 175).

The majority of the trustees of every school section
have the right to decide what expenses they will incur for
maps, school furniture, apparatus, library and prize books,
salaries of teachers, rent of schoolhouse, warming, cleaning,
repairs, contingent and all other expenses of their school
(as explamed in the preceding section). The trustees are
not required to refer such matters to any public meeting
whatever, since they alone have the right to decide as to
the nature and amount of any expenses which they may
judge it expedient to incur for such purposes.

lool
and
ther

gent per
sons from
school rates.

(7). To exempt, in their discretion, from Exemption of

^' ' I ' ' indiKcnt per-

the payment of school rates, wholly or in
part, any indigent persons, notice of such ex-
emption to be given by the trustees to the clerk
of the municipality, on or before the first day
of August, and when deemed necessary to
provide for the children of such persons text-

Public Schools Act.

Sec. 40. books and other school supplies at the
expense of the section.

For form of notice under this subsection, see Form 14,
Appendix A.

Appier to muni-
cipality for
scnool moueys.

(8). To apply to the township council on
or before the first of August to levy and
collect by rate all sums necessary for the
support of their school, or for any other
school purposes authorized by this Act to be
collected from the ratepayers of such section.

The application should be made to the township clerk.
(In re the School Trustees of Section No 6 in the Township of
South Fredericksburgh and the Corporation of the Tozvnship
of South Fredericksburgh^ 37 Q.B. 534.) The application
must be made in due form, and a proper estimate of the
amount required for school purposes must be submitted
with it ; otherwise the township council cannot be com-
pelled to pay the amount by mandamus. And the
communication by a board of trustees to a town council of
a resolution of the board that the chairman do authorize
the secretary of the board to notify the town council to
furnish the board with a sum of money immediately to
purchase a site and erect a schoolhouse, a copy of which
resolution wai", sent to the town council, is not such a com-
pliance with the law as to render the council liable to be
compelled to pay the amount by mandamus. (School
Trustees v. Town of Port Hope, 4 C.P. 418.) But if the
council pass a by-law in pursuance of the resolution, they
cannot afterwards raise the objection that the resolution of
the trustees was not a sufficient estimate ; an J, semble, if
the by-law is valid, the council will be compelled to provide
the sum required by mandamus. (The Board of School
Trustees of the Town of Sandzvich and the Corporation of
Sandwich, 23 Q.B. 639.) And where the estimate is sent
to the council by the trustees, and the former recognize it
by paying a portion, they cannot object to pa) the balance

•

Duties of Trustees.

on the ground that such estimate was not laid before them
as required by law. (School Trustees of Brockville v. Tinvn
Council of Hrockville, 9 Q.B. 302.) And where trustees
wrote to a corporation, informing them that they had
passed a resolution on a certain day, directing their chair-
man and secretary " to wait on the council at its next
meeting, and submit an estimate for $3,500, for the purpose
of building a brick schoolhouse, the same to be procured
by the loth of April," and requesting the council to pro-
vide said amount in accordance with the estimate ; and on
tliC same day, after receiving the letter, the corporation
notified the trustees that they were unable to comply with
the demand, and on April 13th refused to pay an order by
the chairman of the board of school trustees on the
treasurer of the council for $3,500 ; the Court held that the
statute which requires the trustees to prepare and lay be-
fore the council an estimate had not been complied with,
and a mandamus could not be granted. It was also held
that the demand for payment, which was made within
three weeks, and without showing that the corporation had
funds in hand available for the purpose, was not reason-
al)le. (In re the School Trustees of Mount Forest and the
Corporation of Mount lorest, 29 Q.B. 422.)

The demand and refusal of a certain sum must be
sufficiently shown ; otherwise a mandamus will be refused.
(In re School Trustees and the Municipality of Collingwoody

17 Q-B. I33-)

But the demand for a lump sum, simply for the school
purposes of the section, is insufficient, for the corporation
have a right to know particularly the purposes for which
the money is recjuired. (In re the School Trustees of Section
No. 6 in the Toivnship of South Frederickshur^h and the
Corporation of the Township of South Fredericksliun^h, 37

Q.B. 534-)

And where the estimate is insufficient a mandamus will
not be granted. (The Board of School Trustees of the
Town of Sandivich and the Corporation of Sandivich, 23
Q-B. 639.)

But where the estimate of the sum required for school

Sec. 40.

Public Schools Act.

Sec. 40. purposes is sufficient, a mandamus will be granted to com-
pel the council to levy the sum rctjuired. (The School
Trustees of the City of Toronto v. The Corporation of the
City of Toronto^ 20 Q. B. 302.)

The ratepayers of a school section cannot substitute a
voluntary subscription among themselves for the expenses
of the school, instead of the provision made by law, and
the school trustees cannot enforce payment of any such sums
voluntarily subscribed. {McMiUan v. Rankin et al., iq
Q.B. 356.)

For form of requisition on the municipal council for
school moneys, see J'orin yj, Appendix A.

Paymont of

teachers'

salaries.

(y). To provide for the payment of teachers'
salaries quarterly and, if necessary, to borrow
on their promissory note, under the seal of
the corporation, at interest not exceeding
eight per cent, per annum, such moneys as
may be required for that purpose, until the
taxes imposed therefor are collected.

No rate can legally be imposed for the salary of an un-
qualified teacher. (Stark v. Montai^^/n- et a/., 14 Q.B. 473.)

The board of school trustees may be compelled by
mandamus to raise the money for the payment of teachers'
salaries. (Munson v. Municipality of Colli ni;;wood, 9 C.P.
497.) See section 135 as to the proportion of salary to
which a teacher who serves under an agreement with a
board of trustees for three months or over is entitled.

A teacher is entitled to his salary during sickness, cer-
tified by a doctor, for a period not exceeding four weeks
in the whole year ; but this period may be increased at the
pleasure of the trustees (s. 136). Section 138 makes pro-
vision in case of difference between trustees and teacher
in regard to salary or other remuneration (s. 138).

It is submitted that the statute having in effect declared
that a note given by trustees for the purposes mentioned in
above sub-section must be under the seal of the trustee

Dl'TIks of Tkl'stkks.

3-)
by

lers'

3tee

corporation, such note, if not under their corporate seal, Sec. 40.
would not be binding on the corporation.

For form of promissory note referred to in this sub-
section, see Form r6, Appendix A.

(10). To f^ive notice in writinj^, Ijcfore the ^j^Xssrs' of
15th day of January in each year, to the in-leaclfe'smbe

, 1 ' 1 1 r 1 1 • • H'v<!n to town-

spector and to tlie clerk ot the township inshipcitrk.
which their school is situate of the names
and post-office addresses of the several
trustees then in office, and of the teachers
employed by them, and to give reasonable
notice in writing from time to time of any
changes therein.

For form of notice, see Form ly, Appendix A.

(11). To appoint the place of each annual F'"'nRvacan.

^ ' _^ ' * cies ill board.

school meeting of the ratepayers of the sec-
tion ; or to call a special meeting of the rate-
payers when they deem expedient or when
petitioned to that effect by ten ratepayers of
the section for filling any vacancy or vacancies
in the board of trustees occasioned by death,
removal, or other cause ; or for the selection
of a new school site ; or the appointment of
a school auditor ; or any other lawful school
purpose ; and to cause notices of the time Notice.
and place, and of the objects of such meetings,
to be posted in three or more public places of
the section, at least six days before the time
of holding such meeting.

In case the trustees do not give proper notice, and the
school meeting is, in consequence thereof, not held, tiicy
are liable to a penalty of five dollars (s. 192.)

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73 WEST MAIN STREET

WEBSTER, NY. 14580

(716) B73-4S03

t/j

Public Schools Act.

Sec. 40. Any resolution passed at the annual school meeting

may be rescinded by a special meeting properly convened
for that purpose. ( IVilson v. Thompson, 9 C.P. 364.)

For form of notice appointing place of annual school
meeting, see Form /, Appendix A ; for form of notice of
special school meeting, see Form j, Appendix A ; and for
form of petition to trustees to call a special school meeting,
see Form 18, Appendix A.

Report at (12). To causc to bc prepared and read at

annual meeting. ^ ' _ * *

the annual meeting of the ratepayers, a re-
port for the year then ending, containing,
dimong other things, a summary of their pro-
ce^'^'ngs during the year, together with a
d a. ;ed account of all school moneys received
a. J expended on behalf of the section, for
any purpose whatsoever, during such year.
Such report shall be signed by the trustees
and by either or both of the school auditors
of the section.

Annual and
semi-annual
returns.

(13). To transmit to the inspector the semi-
annual returns on or before the 15th day of
July and 31st day of December respectively,
and the annual return on or before the first
day of January in each year according to the
forms prescribed by the Education Depart-
ment.

In case the trustees neglect to transmit the semi-annual
returns to the inspector on or before the dates mentioned
in above sub-section, their school section shall not be en-
titled to the apportionment from the school fund for the
previous half year, and the trustees so neglecting shall be
personally responsible for the amount ©f t'le loss of such
apportionment (s. 206). And if the trustees delay sending
the yearly report till after the fifteenth day of January, they

Sections in Unorganized Townships. 65

nnual
ioned
en-
r the
1 be
such
iding
they

are liable to a penalty of five dollars for each week that Sees. 40, 41.

passes after that date until the report has been prepared

and presented (s. 207). If school trustees knowingly sign

a false '■eport, or make a false return with the view of

obtaining a larger sum than the just proportion of school

moneys coming to such school, they are liable to a penalty

of twenty dollars (s. 208,' s-s. i). This penalty can be sued

for by any one before a justice of the peace, and thj trustee

can be convicted on the oath of one credible witness other

than the prosecutor. (Ih.) If, on conviction, the

penalty is not at once paid, the same can be levied for,

under the warrant of the justice, by distress on the goods

and chattels of the offender. ( Il>., s-s 2.) The penalty,

when recovered, is paid over to the public school fund.

(Ih., s-s. 3.)

SECTIONS IN UNORG.\NIZED TOWNSHIPS.

41. (i). In unorcranized townships in any lormat'on of

, , i -' school sections.

county or district, it sliall be lawful for the

Stipendiary Magistrate thereof and the nublic

school inspector (if anyj of the county or

district, or for the Stipendiary Magistrate

alone, if there is no inspector, and for the

inspector alone, if there is no ."stipendiary

Majjjistrate, to form a portion of a township,

or of two or more adjoining townships, into a

school section. ,

There are certain districts within whose territories there
are both townships that are organized and townships that
are unorganized, with or without a stipendiary magistrate,
and in some cases under the control of a public school
inspector ; and districts composed for the greater part of
unorganized town.ships, for which no inspector has been
appointed, but who possess a stipendiary magistrate. The
above section is intended to cover both these cases.
Where both offices are filled, joint action is necessary as
above provided.

IHMI

Public Schools Act.

Sees. 41, 4a,
43'

Limits of sec-
tion.

Eiemplion
from rates on
account of
distance.

(2). No such section shall, in length or
breadth, exceed five miles in a straight line,
and, subject to this restriction, the boundaries
may be altered by the same authority from
time to time, and the alteration shall go into
operation on the 25th day of December next
after such alteration ; provided always, no
such school section shall be formed except
on the petition of five heads of families
resident therein.

As to the position of the schoolhouse in a section
formed as above so as to enable the provisions of the Act
respecting Compulsory School Attendance to apply, see
section 4 (3) of that Act.

42. Any person whose place of residence
is at a distance of more than three miles in a
direct line from the site of the schoolhouse
of the section shall be exempt from all rates
for school purposes, unless a child of such
ratepayer shall attend such school ; but this
exemption shall not apply to lands liable to
taxation for school purposes owned by such
person within a distance of three miles.

The attendance above alluded to must be voluntary,
and cannot be enforced.

For form of notice of exemption, see Form 14, Appen-
dix A.

Election of 43, After the formation of such a school

school trustees.

section, it shall be lawful for any two of the
petitioners, by notice posted for at least six
days in not less than three of the most public
places in the section, to appoint a time and

Sections in Unorganized Townships. 67

SIX

3lic
ind

place for a meeting for the election, as pro- s*"- «• ^'
vided by law, of three school trustees for the
section.

The elections of trustees under this section are to be
conducted in the same manner as those held under sections
17 to 19 of this Act.

For form of notice, see Ju>r//i /p, Appendix A.

Sv jh Trustees'
^ powers and

school °''»8'"i°''«-

- 44. (1). The trustees elected at
meetings, or at any subsequent
meetings of the section, as provided by law,
shall have all the powers and be subject to
all the obligations of Public School trustees
generally.

The powers and duties of trustees are fully explained
under section 40.

(2). The secretary treasurers of all such court of

, . , Revision.

boards of T^ublic School trustees in un-
organized townships shall be, ex-officio^
members of a Court of Revision, and three
of whom, acting together, shall be a legally
constituted Court for the revision and correc-
tion of school section assessment rolls, and
for the hearing and settlement of any appeals
against the same. The members of such
Court shall be paid reasonable travelling
expenses by their respective boards of trustees
for attendance as a Court of Revision.

The inspector may, in certain cases, act as the Court of
Revision. See sub-section 4 of this section.

(3). The inspector of schools for the district sections to be

^*" _ , * , ^ divided into

shall divide the school sections into groups of ^^°"p'-

Public Schools Act.

Sees. 44, 45. three sections in every group, and shall notify
the secretary-treasurers of the sections con-
cerned of the group to which they respectively
belong.

This notice should be given in writing ; and it would
be well if it were accompanied by a school map showing
the respective groups into which the district is divided.

For form of notice, see /unj/i 20, Appendix A.

When inspector (i). In evcrv casc whcrc froiTi the sparseness

to act as Court ^ '' -^ '

of Revision, ^f settlements, it would be incovenient for a
Court of Revision as herein constituted to
meet for the revision and equalization of the
assessment roll,, it shall be lawful for the
inspector, on the request ' any board of
trustees, to assume the functions of such
Court of Revision for the section on behalf of
which such lequest is made, and all the pro-
ceedings of the inspector in the matter of the
revision or correction of the assessment roll,
shall be subject to the provisions of this Act,
and shall have the same effect as if made in
a Court of Revision.

Annual assess- 45. The trustccs of all school sections in

ment roll. ,

unorganized townships shall, annually, ap-
point a duly qualified person to make out an
assessment roll for the section, the secretary-
treasurer of which shall submit a certified
copy of the same to the proper Court of Re-
vision for the correction of errors or im-
proper entries that may be found therein.

The duties of the assessor in making out the assessment
roll, and its form and contents, 'are prescribed by sections

Appeals against Assessment.

14, 14a, 14/', and i4r of T/ic Consolidated Asscssimnt Act^ Sees. 45, 46,
55 \'ict., (.'. 48. 'I'here appears to be no provision made
as to the (iiialification of the assessor. A person with a
good knowledge of the value of property, who would be
suitable for appointment under The Consolidated Assess-
ment Alt, sliould be api)ointed under this section.

46. A copy of the said roll as so corrected a^^jsJoenf "*'
shall be open to inspection by all persons
interested, at some convenient place in the
section, notice whereof, si<^ned by the secre-
tary-treasurer of the section, shall be annually
posted in at least three of the most public
places in the section, and shall state the place

and the time at which the Court will hear
appeals against said assessment roll, and such
notice shal' be posted as aforesaid by the
trustees for at least three weeks prior to the
time appoinled for hearing the appeals.

The Court of Revision should not sit until at least tliree
full weeks have expired from the posting of above notice.
For form of notice, see Form 21, Appendix A.

47. All appeals shall be made in the same Manner of

1 r 1 • 1 appeal-

manner and alter the same notice, as nearly

as may be, as appeals are made to a Court of

Revision in the case of ordinary municipal

assessments, and the Court of Revision, as

constituted according to section 44, shall have

the same powers as ordinary municipal

Courts of Revision.

Under section 44, the secretary-treasurers of the public
school boards in unorganized sections are ex officio
members of the Court of Revision of the township, and
any three of them shall form a legally constituted Court

Public Schools Act.

Sec. 47, of Revision for the revision and correction of the school
section assessment rolls for the township.

Provision is also made by the same section for the
district inspector, in certain cases, to assume the function
of such Court of Revision in place of the secretary-
treasurer.

The Consolidated Assessment Act, 55 Vict., c. 48, sec-
tions 64 to 67, makes the following provisions for the trial
of complaints respecting mistakes in assessment rolls.
Any person complaining of any error in the school section
assessment roll may personally, or by agent, give notice in
writing to the clerk of the municipality or the assessment
commissioner within fourteen days after the day on which
the roll is required to be returned, or within fourteen days
after the return of the roll, in case it is not returned within
the time fixed for that purpose. Under the School Act,
it would seem that the notice should be given to the
assessor within fourteen days after the notice has been
posted, as required by section 46. The clerk of the
Revision Court must enter the complaints on a list, the
form of which is prescribed by the statute, in the order in
which they are received by him, and the Court proceeds
with and hears the complaints in that order. The clerk
is also required to give ten days' public notice, by adver-
tising in some newspaper published in the municipality, or
in the nearest municipality in which one is published, of
the date of the sittings of the Court. He must also leave
with the assessor a list of the complaints made respecting
his roll, and notify each complainant of the date of the
sittings of the Court, and that his attendance is required
thereat, at least six days before the sittings of the Court.
The Court may hear and take evidence on behalf of the
complainant aiid the assessor, and determine the matter,
and confirm or amend the roll accordingly. The roll as
finally passed by the Court shall be valid and bind all
parties concerned, but the same may be further amended
by an appeal to the Judge of the County Court, as pro-
vided by sections 68 to 76 of The Consolidated Assessment
Act. See sections 48 and 49 of the School Act. The

Appeals against Assessment.

secretary-treasurer of any section would appear to be the Sees. 47, 48,
proper person to act as the clerk of the Court of Revision * "

in his section.

48. The annual roll, as finally passed andconfi||"'«««ro"
signed by the chairman of the Court of Re-
vision, shall be binding upon the trustees and
ratepayers of the section, until the annual
roll for the succeeding year is passed and
signed as aforesaid.

49. Where any township under the juris- app^'Jv'j
diction of a township board is unorganized, "'•'"^'"p
appeals against its certified assessment roll,
made out by a person appointed by the board,
shall be made to the Stipendiary Magistrate
or Judge of the district or county, who has
jurisdiction in other matters therein.

The proceedings on appeal, as provided by sections 68
to 76 of The Consolidated Assessment Act, should be fol-
lowed.

50. In forming union school sections be- union school
tween and out of an organized township
municipality and an unorganized township or
locality within any territorial or judicial dis-
trict, it shall be lawful for such union school
section to be formed or altered according to
the provisions of this Act, except that the
Stipendiary Magistrate shall act for the un-
organized township or locality, and the reeve
of the organized township for his township.

As to the provisions regarding union school sections,
see sections 85 to 94 of this .\ct.

sections.

Public Schools Act.

schoolcollector.

Sec^si. 51^ fhf^ trustees may appoint some fit and
ann'myo"' propef pt.TSon or one of themselves, to be a
collector (who may also be secretary-treasurer),
to collect the rates imposed by them upon
the ratepayers of their school section, or the
sums which the inhabitants or others may
have subscribed, or a rate-bill imposed on
any person; and pay to such collector at the
rate of not less than five, or more than ten
per centum on the moneys collected by him ;
and every such collector shall give such
security as shall be satisfactory to the trustees,
which security shall be lodged for safe keeping
with the Stipendiary Magistrate or the in-
spector by the trustees.

This power of appointment is an additional power con-
ferred upon trustees in unorganized sections, which rural
school trustees do not possess. As to the duties and
powers of collectors, see next section.

The collector should make and subscribe a declaration
of office similar to that provided by section 271 of The
Consolidixted Municipal Act^ 55 Vict., c. 42.

For form of declaration, see Form 22, Ap[)endi.\ .A.

A joint and several bond should be taken by the
trustees as security. In the Trustees of School Section N^o.
6, Township of York v. Hunter et al.^ to C.P. 359, a
collector, having been duly appointed by the trustees of a
school section, signed the following contract at the foot of
the instrument appointing him : " I agree, etc., to collect,
etc., according to the said Act, and bind myself, by my
sureties, in the sum of ^^250," and immediately under his
two sureties signed the following : " We hereby agree to
become security for the due fulfilment of the above contract."
The collector paid over a portion of the amount collected
by him, leaving a certain sum remaining uncollected. An
action was brought by the trustees against the collector

DiTiHs OF School Collector.

and his sureties. Tiic Court litld that the sureties were not Sec8. 51, 52.
jointly liable with their principal for moneys uncollected by
him, but that the agreements were distinct ; also that tliey
were not jointly liable on their guarantee as sureties on
default of the principal— the contract only extending to the
collection of the rate.

By section i 2 of T/u- ConsoUdakd Assessment .IV, no
assessor or collector shall hold the otifice of clerk or
treasurer. And where the treasurer of a municipality was
permitted by resolution of the council of the munici[)ality
to retain the collector's roll, it was held, in an action
brought against him and his surety, that the temporary
function was not of such a nature as to terminate his duties
as treasurer by necessary implication, and that when the
money came to his hands with which he charged him.self as
treasurer the responsibility of the surety began, but that
the latter should not be charged with any sums which did
not appear in the books of the former as treasurer, and
which were referable to taxes otherwise received by him.
( I'/V/dXe 0/ Weston v. Coitron, 15 O.R. 595.)

In an action against sureties for a town collector for his
default in paying over the sum collected by him, it was
held that it was unnecessary that the roll should be
certified, but it was sufticient that it was signed by the
town clerk ; and that the entries made by the collector on
his roll in the discharge of the duties of his office of taxes
paid to him were evidence against the sureties, (loivn <>/
H\'//(ind \\ /ho'ivn, 4 O.R. 217.)

The collector is entitled to the amount of the commis-
sion fixed by the trustees, and this amount can be allowed
to the sureties, as a set-off in their favor, in an action
against them and the collector for making default in
payment. (If>.)

52. Every such collector shall have the I'owernana

liabilities of

same powers in coUectinfr the school rate, rate- school collector
bill, or subscriptions, shall be under the same
liabilities and obligations, and proceed in the

Public Schools Act.

Sec. sa. same manner in his school section and town-
ship, as a township collector docs in his
municipality, in collectin*]; rates in a township
or county, as provided in the municipal and
assessment Acts from time to time in force.

The duties of collectors are prescribed by sections 254
to 257 of The Consolidated Municipal Act, 55 Vict., c. 42,
and sections 122 to 137 of The Consolidated Assessment
Act, 55 Vict., c. 48. Under a warrant from the trustees
the collector is authorized and required to collect the
school rates imposed by them, or the sums which the
inhabitants or others may have subscribed, and also the
school rate bill payable by non-residents (but see Chapman
V. Thrasher, infra) ; and by virtue of the warrant the
collector has the same powers as a township collector in
collecting the school rate, rate bill, or subscription, and is
placed under the same liability and obligations.

School trustees and collectors under their warrant have
no power to levy on the property of a non-resident of the
school section for rates assessed in respect of property
within that section. (The Chief Superintendent 0/ Education,
In re Chapman v. Thrasher et al., 20 C. P. 259.) Nor can
a collector sue for the amount of the rates in his own
name. The action should be brought in the name of the
trustees as a corporation. ( Healy v. Carey, 1 3 L.J.N.S. 91.)
But it has been held that a township collector may sue for
the amount of an assessment for common schools in a
Division Court. (McGregor s. White, i Q.B. 15.)

A promissory note is not legal payment of a school rate,
and, even if the collector and trustees accept same, their
improper acceptance of it would not prevent them from
afterwards placing a warrant in the hands of the collector
authorizing him to distrain. (Spry v. McKenzic, 18
Q.B. 161.)

And where the time for levying a school tax was ex-
tended by resolution of the council of a municipality until
the ist August, 1856, and again on the 22nd December,

Duties of School Collector.

1856, to the ist March, 1857, it was held tliat the collecior,
who was the same person for l)olh years, might distrain
between the ist August, 1856, and tlic 22nd Decemher,
1856, although no resolution extending the time was then
in force. (Newberry v. S/f/^/wns, 16 (^).i{. 65 ; Mclh-iJi- v.
Gardluim, 8 C.l'. 296; Lewis v. JintJy, 17 O.K. 377.)
And a collector of school taxes may collect by distress the
taxes for the two years immediately preceding, not having
made his final return of such taxes i:i arrear, and- being
still collector. (T/ie Chief Superintendent of Sehools, Ap-
pellant, In re McLean v. luirrcll, 31 (^).B. 441)

School trustees can only give a warrant to colli 'I school
rates within the limits oi the section for which they are
appointed. And it would seem that sue' a wrrrant is
sufficient if signed by two of the trustees, and thai it MLcd
not lu under their corporate seal. In making c,'_,;iizance
under such a warrant, it is sufficient to stale ihat the rate-
payer was duly assessed, and that the collector wis duly
appointed. (Gillies v. Wood, 13 (^).B. 357.)

Replevin may be brought upon a distress for school
rates. Where several devisees and executors were rated fo
a school rate in respect of the property of their testator,
as "John Applegarth and brothers," which entry appeared
to have been made at the instance of some of the plaintiffs,
but two of them only had slept on the premises occasionally,
although such was not their usual place of residence, and
they had received the usual notice of assessment in that
form without appealing, and the same two had paid taxes
on an assessment on the township roll in their individual
names ; it was held that these facts afforded sufficient
evidence to show that the plaintiffs were " inhabitants" fur
the purposes of the rate ; that the parties were sufficiently
named on the roll to render the rate lawful ; and that a
demand made '>v the collector on the plaintiff, " John
Applegarth," named in the roll, was sufficient to bind all
the plaintiffs. (Apple^^arth et al. v. Graham, 7 C.P. 171.)

The effect of a collector not having made and sub-
scribed the declaration required by section 271 of The
Consolidated Municipal Act, 55 Vict., c. 42, is not to make

Sec. 53.

Public Schools Act.

Sees. 52, 53. his acts void ; and if he has been duly appointed by by-law
collector, he can hold office until removed by the council,
even if what was done by the council in appointing him
did not constitute a good appointment. ( /.avis v. Jinufy,
17 O.R. 377.)

The ap[)ointnient of a person to collect the rates for
that year will not have the effect of removing another
person, previously appointed collector for that same year,
from office ; for it is an appointment to collect the rates for
that year only, and by section 12 of T/ic Co»solidated
Assessment Act, 55 \'ict., c. 48, the council of every munici-
pality, excf|)t counties, may appoint such number of
collectors as they might think proper; and a distress by
the first-appomted collector would be legal. (If'.) And
so long as the roll is in the hands of the collector, and has
not been returned by him, he is at liberty to go on and
levy where he finds distress. (Nciv/h'rrv v. Sfephcns, 16
Q,B. 65.)

And where a collector calls on a person liable to pay
taxes and demands payment of the taxes payable by him,
this demand is sufficient to warrant a distress, and the fact
that the collector several times afterwards denianded the
same taxes does not affect the validity of the first uemand,
which is the only one reejuired. ( Lav is v. ISraJv, 17 O.R.

377')

The inclusion of an assessment which does not appear
to be either against the owner or the occupier of a property
vitiates a warrant for the -collection of a single sum for
rates for several years ; and a distress under such a warrant
would be illegal. ( F/aiith^aii v. Elliott., 12 S.C.R. 435 )

Boards in niniii.
cipalities wiiti-
oiit county
organization.

53. In municipalities composed of more
than one township, but without county
organization, it shall be optional with the
municipal council thereof to form portions of
the townships comprising the municipality
into school sections, or to establish a board of
public school trustees, two members being

Township Boards.

elected for each ward, and if not divided into s*^^- 53, 54-
wards, two for each township thereof, and
such board shall possess all the powers and
duties of township boards and shall also,
upon the petition of at least five heads of
families, provide school accommodation and
a teacher for their children and others.

As to the duties of trustees to provide accommodation,
see section 40, sub-section 3.

35 )

lounty

li the

)ns of

)ality

tird of

Ibeing

TOWNSHIP BOARDS.

54. At the annual meetini;; in any year of Establishment

'^ ' -' of townsliip

the school sections in a township, the question''"''^''
of forming a township board may be sub-
mitted in each section for the decision of the
meeting, and whenever in any township at
any such annual meeting, two-thirds in num-
ber of the school sections so decide, the
council of the township shall thereupon pass
a by-law to abolish the division of the town-
ship into school sections, and to establish a
public school board accordingly; and this
shall take effect on the first day of January
in the next following year, and any portion of
the township forming a union, or being part
of a school division with another municipality
or portion thereof, shall be considered as a
section in respect of the said requisite number
of two-thirds of the school sections of the
township.

Under section 19, suh-section 2, a motion of this kind
would be brought before the annual meeting under the
>head of miscellaneous busine. .

Public Schools Act.

Sees. 54, 55,
56.

Division of
township into
wards.

Management
by board.

Qualifications
of members.

In order that the township board may be established, it
is necessary that a resolution should be passed, which must
be agreed to, not merely by a majority of the ratepayers
present at each school meeting, but by a majority of the
ratepayers in each of at least two-thirds of the school
sections of the township. At the close of the meeting, the
secretary-treasurer in each of at least two-thirds of the
school sections of the township (which desire to abolish
school section boundaries and form a township school
board) should transmit to the clerk of their township
council a copy of the resolution passed on the subject, and
request the council to form the township into a school
municipality, as authorized by law.

55. The township council shall, in the by-
law for establishing the public school board,
divide the township into four wards, which
shall be the same from time to time as the
wards for municipal purposes, when any exist
in the township, and after such by-law goes
into effect, all the public schools of the town-
ship shall be managed by one board of
trustees.

56. At the first election, two resident rate-
payers in the township shall be elected school
trustees in and for each ward, one of the
trustees in each ward (to be determined by
lot at the first meeting of the trustees after
their election) shall retire from office at the
time appointed for the next annual school
election, and the other shall continue in office
for one year longer, and until his successor
has been appointed, and shall then retire.

Each trustee holds office for two years, and until his

Township Boards.

successor is appointed ; but this does not apply to those Sees. 56, 57^

trustees elected at a first election, who have to retire, as ^ '

above stated, at the end of the first year. After serving

his full term, a person cannot be compelled to act again

as trustee until after the expiry of four years after leaving

office ; but he niay, with his own consent, be re-elected on

his going out of office (s. 27). This privilege does not

extend to a person who declines to act as trustee and pays

the fine imposed for non-service (s. 194). Such a person

may be elected to fill the next succeeding vacancy, but

may again dechne to serve, on payment of the fine, as

before. The statute leaves the manner of determining by

lot to the option of the board. It has been customary for

the secretary-treasurer to write "one year" and "two

years" on alternate slips of paper, equal in number to the

number of trustees, the slip determining the period of

service of the trustee drawing it.

57. The election shall take place annually Time and

^ -' manner of

at the time, in the manner, and as prescribed '^'^
by this Act, for the election of trustees in
towns divided into wards.

See section 102 and sections 103 to 106, and remarks
thereunder.

lection.

rate-

;hool

the

fter

the

hool

ffice

ssor

lil his.

58. The trustees so elected shall be a cor- Roard to be a

corporation.

poration under the name of "The Public
School Board of the Township of
in the County of ."

See remarks under section 7.

59. (i). The board (a majority of whom Powersof

■* ■' _ board.

shall form a cjuorum) shall be constituted by
the election of a chairman and secretary-
treasurer, and shall be invested with, and
possess, exercise and enjoy all the rights,

Public Schools Act.

Sec. 59.

Audit of

accounts.

property, powers and incidents, and shall be
subject to the same duties and obligations as
trustees in rural school sections under the
provisions of this Act, as well as those of
public schools in cities and towns, and in any
other statute, by-law, regulation, deed, pro-
ceeding, matter or thing the board shall be
construed to stand and to be substituted for
each and all of the trustees of the former
school secti::)ns of the township.

See sections 40 and 107, and remarks thereunder, as to
duties of rural school trustees, and of trustees in cities,
towns, and incorporated villages.

Under this section, township boards are invested with
and possess all the rights, property, powers, and incidents,
and are subject to the same duties and obligations as
trustees in rural school sections, as well as those of public
schools in cities, towns, and incorporated villages ; whereas
by section 97 public school boards in cities, towns, and in-
corporated villages, are declared to possess simply all the
powers usually possessed by corporations, so far as the same
are necessary for the carrying out of the purposes of this
Act, and the statutory duties imposed by section 107.

(2). The board shall, when called upon,
submit their accounts, books and vouchers to
the auditors of the municipality, and it shall
be the duty of the municipal auditors to audit
such accounts in the same way and at the
same time as the municipal accounts are
audited.

The duties of auditors in auditing municipal accounts
are prescribed by section 263 of The Consolidated Muni-
cipal Act, 55 Vict., c. 42. A somewhat similar provision to
above is made by sub-section 11 of section 107, which

Ipon,
•s to
ihall
.udit
the
are

bunts
Vfuni-
to
ifhich

Township Boards.

requires the trustees of cities, towns, and incorporated Sees. 59, 60,
villages to submit their accounts to the municipal auditors.
See remarks under such sub-section.

60. After the Public School board is estab- '-ffect as to

parts united.

lished, the portions of the townships there-
tofore united with an adjoining municipahty,
or a portion thereof, shall cease to be so
united on the first day of January next
following the passing of the by-law for estab-
lishing the township board, and in the inter-
vening period between the passing of the said
by-law and such first day of January a new
union may be formed under the provisions of
this Act, under which the said former union
may be continued or another union formed,
but the portion of the township in any former
union shall remain liable for any rate such
portion was subject to while so united, for the
payment of any debt or loan, so far as the
creditors or lenders thereof are concerned,
and in cases where unions existing on the
second day of March, 1877, are not re-formed
under this Act, such unions shall continue to
exist under and subject to the provisions of
the Acts in force at the time of their forma-
tion.

61. The township council shall, so soon as Adjustment of

^ all claims con-

the by-law for establishing the Public School ^^„|;;X°ng
board is passed, appoint the county inspector "'*'''"^*'^'
jointly with two other competent persons, not
residents of the township, and they, or any
two of them, shall, in a report to the council.

Public Schools Act.

Sees. 6i, 6a. value the existing schoolhouses, school sites,
and other school property in each and ever}-
section, or portions of the township, and
ascertain their respective debts and liabilities;
and the said arbitrators, or any two of them,
shall thereupon adjust and settle, in such
manner as they may deem just and equitable,
the respective rights, claims and demands of
each and every school section or portion of
the township, and the township council shall
pass a by-law, and give full effect to the
report of the said arbitrators.

See remarks under section 65 v.ith reference to the law
regarding arbitration.

The other cases in which arbitration is resc .ed to under
this Act are : where the trustees and ratepayers cannot
agree as to the selection of a site for a schoolhouse (s. 65);
where the owner of the land selected refuses to sell (s. 67);
and where it is for the purpose of revising, determining, or
altering the boundaries of a school section (s. 82, s-s. 3).

Adjustment of
claims in case

62. In cases where a portion of the lown-
iWsunued"" ship municipality, on the establishment of the
Public School board, ceases to be united with
any other municipality, or portion thereof,
the council of each such municipality shall
respectively appoint one competent, ;''-r.'';<n,
who, with the inF,pector or inspector '■ .ing
jurisdiction in the respective murJcip 'ities
concerned, shall, in a report to the councils
of the respective municipalities, value and
ndjust all rights and claims consequent upon
such disunion between the respective portions
of such municipalities, and determine by

Township Boards.

what municipality or portion thereof, and in Sees. 6a, 63.

what manner the same shall be settled, and

the disposition of the property of the union

and any payment by one portion to the other,

and the report of the majority of said persons

shall be valid and binding ; and in cases

where the persons to make this report would

be an even number the County Judge shall

also be added.

.mg
'iiies

63. In case twenty ratepayers in more Repeal of by-

"' * -' law and for re-

than one-half of the school wards of the [?™|"8 sec
township petition the township council to
submit a by-law to the vote of the rate-
payers of the township for the repeal of^
the by-law under which the Public School
board was established, but not until after the
township board has existed for five years at
least, a by-law shall be submitted to such vote
accordingly, and the proceedings shall be in
conformity with The Alunicipal Acf, except '*e»stat.c.i84.
that the vote shall not be by ballot ; and in
case in the majority of such wards the
majority of the votes are for such repeal, the
township council shall pass a by-law to dis-
establish such Public School board, and form
school sections instead thereof; but no repeal
shall take effect until the first day of the
month of January next following, which will
be more than three months after the voting
upon the by-law for that purpose ; and the
council shall also, in the same or another by-
law, appoint the county inspector jointly with

Public Schools Act.

Sec. 63. t^o other competent persons, not residents of
the township, and they or any two of them
shall, in a report to the council, value the
schoolhouses, school sites, and other school
property which may thereupon become the
property of such school section, and shall also
adjust and settle the respective rights and
claims consequent on such repeal between the
respective school sections, or between any
school section and the township, and all pay-
ments to be made by or to any of them.

The plain meaning of this section is that, after the
township public school board has existed for five years at
least, the submission of a by-law for the repeal of the by-
law under which that board was established may be
required at any time, upon the presentation of a properly-
signed petition therefor. The by-law establishing the
township board may be attacked with a view to its repeal
again and again, so long as the agitation against it subsists.
(Re Public School Board of the Toivnship of Tuckers niith,
16 O.R. 604.)

The advantages of a township school board may be
briefly summarized as follows :

(i) Convenience. — Under a township board system, all
school section boundaries are abolished. Every ratepayer
has, therefore, the right to send his children to any school
most convenient to him in the township, as he prefers.
Under the school section system, he can only send to the
school of the section for the support of which he pays
rates, although the schoolhouse of an adjoining school
section may be more convenient to him than his own, in
point of distance, and be taught by a more efficient teacher.

(2) Economy of time and money. — Under a township
school board, the local divisions would be consolidated
and practically enlarged ; and schools would be placed only
at convenient distances from each other, and in such

Township Boards.

[m, all
:payer
5chool
refers,
lo the
pays
Ichool
m, in
icher.
[nship
Idated
only
such

localities as required them. Thus, a township requiring Sees. 63, 64.
under the section system fifteen or twenty schools could
have these schools so placed as to be able to do with one
or two less in the aggregate. Thus, the expense of one or
more schools could be saved, besides the expense of
frequently collecting rates by trustees ; and instead of
requiring the time and attention of forty-five or sixty
trustees, with their collectors, etc., to manage these schools,
five could do it just as efficiently with the township
treasurer and collector.

(3) Better teachers. — Under a township board, the
schools can be classified, and each locality can claim and
insist upon an equally efficient teacher, according to the
status of the school and the wants of the inhabitants.

(4) Educational inequalities removed. — Under the school
section system, hardly two schools in a township are
equally efficient. Each school corporation has its own
standard, which varies more or less in every section.
Under a township board, with a single standard, aided by
the supervision of the inspector, the existing inequalities
could be removed, and each school brought up to a
uniform standard of excellence.

(5) Competitive examinations, instead of being the ex-
ception in a township, would be the rule under a township
board. At present these most useful examinations are
rarely held, and only as desired by individuals. As there
are no means of removing defects in individual school
management, should any be discovered by these examina-
tions they fail in producing any permanent salutary effect ;
but it would be otherwise under a township board, as part
of its duty would be to ascertain the defects, which would
be made apparent by a system cf competitive examination
of all the schools in a township at stated intervals, and
remedy them.

RURAL SCHOOL SITES.

64. Before any steps are taken by theNewsues.
trustees for securing a site on which to erect
a new schoolhouse or for changing the site of

Public Schools Act.

Sec. 64. a schoolhouse they shall call a special meeting
of the ratepayers of the section to consider
the site selected by them ; and no site shall
be adopted or change of school site made
except in the manner hereinafter provided,
without the consent of the majority of such
special meeting.

The question of school site comes up for consideration
in a school section on the establishment of a new school
section ; on the change of site in an old section ; and on
the enlargement of an existing site. In the latter case only
can the trustees act without the concurrence of the rate-
payers (s. 74).

The powers formerly exercised under the above section,
before its amendment, for securing a site have been ex-
tended to embrace those cases in which a change of site
of an existing schoolhouse is desired. A board of school
trustees cannot, without a reference to the freeholders of
their section, select and purchase the site for the school-
house, and impose a rate therefor. (Orr v. Eanm'\\ 12

Q.B. 377.)

As regards the securing of a school site, when a meeting
has been duly called and a site selected, it is quite compe-
tent for a second meeting to change the site so selected
with the consent of the necessary majority. The first choice
is not final as to change, and there is no limitation that a
change can only be made when a new set of trustees have
been elected, or till the next municipal year. ( Wallace ct al.
V. The Board of Public School Trustees for Union School
Section No. g of the Township of Lobo et al., 11 O.R. 648.)

The reason of the school section meeting being called
should be set out in the notice calling the meeting, as it is
doubtful whether the concurrence of the freeholders and
householders required to enable the trustees to call upon
the council of their municipality to levy money for the
purchase of a school site can be expressed at the annual
school meetinf; without notice that the question will there

Rural School Sites.

eeting
onipe-
lected
hoice
hat a
have
et al.
School
48.)
called
it is
s and
upon
r the
nnual
there

be brought up. (In re Taber and the Corporation of the Sees. 64> 65.
Township of Scarborough^ 20 Q.B. 549.)

Where a board of school trustees passed a resolution
professing to adopt a permanent site for the school, and the
resolution was confirmed at a special meeting of the rate-
payers duly called, these proceedings were held not to pre-
vent a change of site in a sub'i'^quent year. (Malcolm v.
Malcolm^ 15 Chy. 13.)

And where school trustee'.; selected a new site for a
schoolhouse, and at a special meeting of the ratepayers duly
called those present rejected the site so selected and chose
another, hut neither party named an arbitrator, it was held
that an arbitrator might be appointed by the ratepayers at
a subsequent meeting. (lb.)

As it is contrary to the rule of our courts, in dealing
with persons who have not acted properly, to punish them
more severely than justice to others renders necessary,
relief will only be granted to a ratepayer who complains of
the act of trustees wrongfully expending money in building
on a site which has been changed by competent authority,
subject to equitable terms and conditions. (lb.)

The meeting contemplated under this section is called to
pass upon two matters: (i) whether the trustees shall secure
a site, or there shall be a change of site ; and, if so, (2)
whether the proposed new site is acceptable. It is desir-
able to have these special matters presented free from all
other questions that might divert the attention and distract
the vote of the ratepayers. The special meeting is called
for a special purpose, and that purpose should be so pre-
sented to the ratepayers assembled that there should be no
peradventure as to what was the thing agreed upon by the
majority. Should it not be so presented, it is the business of
any ratepayer present to object to the way in which the
question is being submitted, or have complaint made to
the inspector under section 32. " (McGugan v. School Board
of Soiithwold, 17 O.R. 2^2).)

65. In case a majority of the ratepayers when trustees

■' •' _ ^ •' and ratepayers

present at such special meeting differ as to '*'**'^'^*'

Public Schools Act.

Award.

Sec. 65. the suitability of the site selected by the
trustees, each party shall then and there
choose an arbitrator, and the county in-
spector, or, in case of his inability to act, any
person appointed by him to act on his behalf,
shall be a third arbitrator ; and such three
arbitrators, or a majority of them present at
any lawful meeting, shall have authority to
make and publish an award upon the matter
or matters submitted to them.

The special meeting called under the previous section
should therefore not adjourn, in case of a difference of
opinion on the selection or change of a school site, without
appointing arbitrators. (Wi/lia/ns v. Sc/iool Trustees of
Plympton, 7 C.P. 559.)

Any one who can contract can submit matters in dis-
pute to arbitration. Either a friend or enemy, or a person
having an interest in the cause, may be chosen. Persons
unimpeachable on the score of interest or capacity should,
if possible, be chosen, and no arbitrator should act as the
partisan of the persons appointing him. He should divest
himself of all prejudice. The principle laid down by s. 396
(i) of The Consolidated Municipal Act, that "no member,
ofiFicer, or person in the employment of any corporation
which is concerned or interested in any arbitration, nor any
person so interested, shall be appointed or act as an arbi-
trator in any case of arbitration under this Act," should be
followed. If an arbitrator acts corruptly, or with manifest
partiality, or colludes with one of the parties, the award is
bad. All the arbitrators should be chosen before proceed-
ing to the arbitration, except where otherwise provided (as
in the case of a school site). Notification in writing to the
person chosen, and acceptance by him of the office, are
necessary to complete the appointment. Where there is
an odd number of arbitrators, a majority decides all matters
submitted to them ; but where the number appointed is
two, four, etc., who are equally divided in their opinions.

AKUITKATION AM) AWAUD.

any person who may bf.' selected as um|)ire has the sole-
right to determine the points of difference, and make the
award. The inspector is, <'.v ojfidi), umpire in cases where
he and another arbitrator only are present. In arbitrations
under the school law, the directions of the statute shi uld be
strictly complied with. Reasonable notice of a meetinH
must be given to each arbitrator. If one or more be
absent, the meeting should be adjourned for about ten days,
and notice of another meeting again sent to each arbitrator
(s. 70). At the subsequent meeting two arbitrators can
act without their colleague, and make and publish an
award.

It is the duty of arbitrators to hear evidence on both
sides; one witness may be excluded while the other is being
examined. They are the judges of the adniissiMlity of
evidence so far as the competency of the witness is con-
cerned. If parties to the arbitration and their witnesses,
who are duly notified, do not attend, the arbitrators can
proceed, ex parte, and decide according to the best evidence
before them. Where evidence is received, however, it
should always be taken in the presence of the parties to the
reference, or some one attending on their behalf. Before
closing, the arbitrators should receive all the evidence
tendered on both sides, and should take notes of it. An
arbitrator cannot delegate his power ; but, if he obtains the
opinion of professional men, he may adopt it as his own.
He may, however, delegate purely ministerial acts, such as
to go from one place to another, to obtain certain definite
information, or estimate the value of some specific work
performed ; but he cannot direct any person to commit a
trespass.

If no time be fixed, an award should be made and
published within three months from the time of the
submission. (R.S.O., 1887, c. 83, s. 42.) The time
for making an award may, however, be enlarged; but
the award may be made before the time to which the
arbitrators have enlarged. (Tracey v. Hodgest, 7 Q.B. 5.)
After the expiration of the time limited, arbitrators cannot,
without (even if they can with) the concurrence of both

Sec. 0s-

Public Schools Act.

li'

Sec. 65. parties to the submission, make a binding award. (Rutliven
V. Ruihvefi, 8 Q.B. 12.) But where an arbitrator failed,
owing to the loss of the papers in the cause, to make his
award within the time limited, a judge extended the time.
(Johnson v. Ani^Iin, 5 I'.R. 62.)

All awards should he in writing, as under section 404
of The Consolidated Municipal Act, and should be signed
in the presence of an attesting witness. Where there are
two or more arbitrators, all (or the majority, if all be not
present) must execute the award at the same time and
place, and in the presence of each other. It is not desirable
that the solicitor of either party should draw up the award.
( Man ley v. Anderson, 2 P.R. 354.) An award, however,
may be made and published orally. An award is made
when all the arbitrators have signed it. From the time
the arbitrators have made their award, their authority
ceases. They carinot afterwards mal:e any correction or
alteration, even of manifest errors. (Ircine v. Elnon,
8 East. 54 ; Ward v. Dean, 3 B. & Ad. 234 ; Re Hall v.
Hinds, 2 M. & G. 847 ; Brooke v. Mitchell, 6 M. & W.
473.) It must be done by the signers, and with the consent
of the parties to the reference. An award is published
when it is sent to either or both of the parties concerned,
or notice is sent to iheni that it is ready to be delivered.
It should be delivered on the day fixed, and then the fees
and other expenses on it are payable. Any kind of words
mr.y be used in an award ; but it should be definite, con-
clusive, and final on all the points submitted. Arbitrators
are not required to give reasons for their award, nor are
they answerable for want of skill in performing ttieir
duties ; but an arbitrator may be called as a witness to
prove facts which occurred or came under his notice
during the reference.

The parties to an arbitration have a right to tlie
arguments, experience, and judgment of each arbitrator, at
every stage of the proceedings. (Martin v. Kergan, 2 P.R.
370.) The costs of the arbitration should be fixed by the
arbitrators, and mentioned in the award (s. 72); but if the
award says nothing about them, each party pays his own

4 1

Arbitkation and Award.

costs of reference, and the costs of the award are to be
borne equally. (Glen v. Grand Trunk Railway, 2 P.R.
377.) An award is bad, and may be set aside, when it is
uncertain and not final (In re Knowlsen v. Inij^lis, 7 LJ.
124; Cl'Hil V. Elliott, I C.P. 252; Bernard \. Straclian,
2 Q.B. 128; SlhiiV V. Morton, 13 C.P. 223; IIarrin\::;ton v.
Edison, 10 Q.B. 114; Kemp v. Henders.^n, 10 Chy. 34;
Beatty v. Mcintosh, 4 Q.B. 259 ; Great Western K. IF. Co.
V. Unnt, 12 Q.B. 124; In re Great ll'estern H.IV. Co. v.
Laderonte, i P.R. 243; Bmven v. Saniis, 2 P.R. 76;
Da'ivson v. Murray, 29 Q.B. 464) ; or when it contains a
mistake on the face of it, or is repugnant ( McMannon v.
McElderry, H.T. 6 Vict.; Dennison v. Sandford, 3 O.S.
379; Shaver w. Scott, 5 O.S. 575); or when ttie proceedings
are irregular, or there is improper conduct on the part of
the arbitrators in the reception or rejection of evidence
( Hand ton v. Wilson, 4 O.S. 19; Van Ei^niond v. /ones,

4 O.S. 119; Campbell v. Boiilton, i Q.B. 407 ; Davis v.
Birdsall, 2 Q.B. 199; Williams v. Rollin, 2 P.R. 234;
McNidty \. Johson, 2 P.R. 119; Waters v. Daly, 2 P.R.
202 ; Hickman v. Laivson, 8 Chy. 386 ; Whitely v. .][c-
Mahon, 32 C.P. 453 ; Re Ferris and Eyre, 18 O.R. 395) ;
or where there is corruption or collusion on the part of the
arbitrators (Jekyll v. Wade, 8 Chy. 363 ; Re Laivson and
Hutchinson, 19 Chy. 84; Pardee v, Iloyd, 26 Chy. 374;
Herring and Naj ..,/ee, Tannvorth and Quebec R. W. Co.,

5 O.R. 3-t9) ; or where there is frauil or concoalinctu of
material evidence (Grisdale v. Boulton, i ().B, 407; /// re
McyPullen and Tayley, 2 Q.P). 175; In re Bull v. Bull,
^^ Q-'^- 357 j Hi'-'liiiii^'i V. I.awso/i, 8 Chy. 3S6) ; or where
the a^vard cannot be acted u[)on ( Ryland v. A'/V/t,'' (7 al.,
12 C.P. 198; ranee V. Kiui^^ et al, 21 ().B., 187.)

.\s a general rule, where two parties have a difference
upon any matter of business, and refer it to arbitration,
they may afterwards agree upon the matter on which they
had differed, and so may render it unnecessary that any
award should be made. ]5y the common law eitlier [)irty
might, before the award made, revoke the submission.
There have been restrictions placed by statute (R.S.O.,

Sec. 65.

Public Schools Act.

Sees. 65, 66, 1887, c. 5, s. 16) upon this right of one party to revoke
without the concurrence of the other, but it would be most
unreasonable and inconvenient to hold that both the parties
may not come to a settlement of their dispute, and so
dispense with the necessity for the arbitrators proceeding.
(Vance v. King et al., 21 Q.B. 187.)

Formerly, in case either party refused or neglected to
appoint an arbitrator, no arbitration could be had, unless
the appointment of an arbitrator was compelled by
mandamus. (Corporation of the Toivnship of Toronto v.
McBride et al., 29 Q.B. 13.) This is now provided against
by section 68 (q.v.). The fees of the arbitrators are fixed
by section 161(1); but in no case have arbitrators the
power to fix their own fees. (McCulloch v. White,
33 Q-B. 33I-)

Reconsidera-
tion of awi.rd.

When owner
refuses to sell.

66. With the consent, or at the request of
the parties to the reference, the arbitrators,
or a majority of them, shall have authority,
within one month from the date of their
award, to reconsider such award and within
two months thereafter to make and publish a
second award, which award (or the previous
one, if not reconsidered by the arbitrators)
shall be binding upon all parties concerned
for at least five years from the date thereof.

67. If the owner of the land selected for a
new school site, or required for the enlarge-
ment of school premises, refuses to sell the
same, or demands therefor a price deemed
unreasonable by the trustees of any section,
then such owner and the trustees shall each
forthwith appoint an arbitrator, and the
arbitrators thus appointed, together with the
inspector, or in case of his inability to act,

Arbitration and Award.

a
;e-
Ihe
led

n,
:h
le
le

any person appointed by him on his behalf as s*"- ^7. 68.
third arbitrator, or any two of them, shall
appraise the damages for such land.

The provisions of the law with regard to the compulsory
sale of school sites are twofold, and must not be con-
founded. The above section refers to " land selected for
a new school site," and section 74 to the selection of land
for enlarging existing school premises. In both these
cases the trustees can demand an arbitration, should the
necessity for so doing arise (supra and s. 76). In the first
case, the owner can lawfully refuse to sell or submit to
arbitration, when the site selected is within "a hundred
yards of his garden, orchard, pleasure ground, or dwelling-
house " (s. 73) ; but where the trustees simply wish to
enlarge their existing school premises the owner has only
a restricted right, which does not prevent the trustees from
enlarging the school site existing to the required dimen-
sions, if it be absolutely necessary.

68. If the majority of the school trustees, Appointment ot

. .. - T-.ii>r-.i 1 • arbitrators;

or the majority en a Public bchool meeting, fieir powers,
neglect or refuse, where there is; a difference
in regard to the selection of a school site, to
appoint an arbitrator, as provided in this Act,
or if the owner of land selected as a school
site, neglects or refuses to appoint an
arbitrator, it shall be competent for the in-
spector with the arbitrator appointed, to meet
and determine the matter ; and the inspector
in case of such refusal or neglect, shall have
a second or casting vote if he and the
arbitrator appointed do not agree.

Previous to the passing of this section, if either party
refused or neglected to appoint an arbitrator, no arbitration
could be had, unless such appointment was compelled by

Public Schools Act.

Sees. 68, 69. mandamus. (Corporation of the Township of Toronto v.
McBride, 29 Q.B. 13.) This section confers upon the in-
spector the power to make such appointment, in case the
necessity arises as above for so doing.

Additional
powers of
arbitrators.

69. (I). The arbitrators aforesaid, or any
two of them, shall have the power to settle
all claims or rights of incumbrancers, lessees,
tenants, or other persons, as well as those of
the owner, in respect of the land required for
the purpose of the school site, upon notice
in writing to every such claimant, and after
hearing and determining his claims or rights.

The interest of a tenant at will, as well as that of the
landlord or other person entitled to a limited interest, must
all be considered and dealt with by the arbitrators liefore
the compulsory sale of the property can be completed.
And where, in proceeding to select a site for a public
schoolhouse, no notice of the proceeding to arbitrate upon
the question of compensation was given to a lessee in
possession of the property selected, and in consequence he
did not name an arbitrator, neither did he attend before
nor take any notice of the arbitration, and the arbitrators,
in fact, did not take into consideration the value of his
interest, neither did they find that such interest was not
of any value, the Court declared that his interest had not
been affected by the arbitration. (Johnson v. The Trustees
of Public School Section No. i in the Totvnship of Hoivard,
26 Chy. 204.)

For form of notice by arbitrators to claimants, see
Form 2j, Appendix A.

Taking iind. (2). Upou the tcndcr of payment of the
amount of such damage to the owner or other
person entitled thereto, or to any part of such

Arbitration and Award.

amount, by the school trustees, the land shall S"^- ^^9* ^^*
be taken and used for the purpose aforesaid.

If there is any encumbrance or encumbrances against
the land chosen, or against any portion thereof, the trustees
should retain out of the amount to be paid to the owner a
sum sufficient to satisfy and discharge such encum-
brance; otherwise they will be responsible to the encum-
brancer or encumbrancers. They have, however, their
recourse against the party to whom the compensation is
paid, in the event of their not retaining a sufficient amount
to satisfy the encumbrance (s. 79).

70. If only a majority of the arbitrators Proceedings

-'_■'-' _ _ where an arbi-

appointed to decide any case arising under "^^'°'^'^*^^*"'-
the authority 01 this Act are present at any
lawful meeting, in consequence of the neglect
or the refusal of the other arbitrator to meet
them, it shall be competent for those present
to make and publish an award upon the
matter or matters submitted to them, or to
adjourn the meeting for any period not ex-
ceeding ten days, and give the absent arbitrator
notice of the adjournment.

If the award is made at the adjourned meeting without
such notice being sent to the absent arbitrator, it would be
invalid. (Martin v. Keri^^afi, 2 P.R. 370; /// re the Cor-
poration of the City ,]/ Toronto and Leak, 23 Q.B. 223.)

71. Any award for a school site made andAward tocon-

-^ _ _ stitiilc title.

published under this Act, if there be no con-
veyance, shall thereafter be deemed to be the
title of the trustees to the land mentioned in
it, and shall be a good title thereto against
all persons interested in the property in any
manner whatever, and shall be registered in

96 Public Schools Act.

Sees. 71, 7a, the proper registry office on the affidavit of
the secretary-treasurer of the board of trustees
verifying the same.

A similar provision is made with regard to liigh school
sites by section 21 of The IIi};h School Act, i8gi.
For form of affidavit, see Form 24, Appendix A.

Cost of arbiir
tion.

Selection of
school site.

v.r.i

. it''

Enlargement of
scbol site.

72. The parties concerned in all such dis-
putes shall pay all the expenses incurred in
them, according to the award or decision of
the arbitrators.

The costs of the arbitration should be fixed by the
arbitrators and mentioned in the award ; for, if the award
says nothing about them, each party pays his own costs of
reference, and the costs of the award are to be borne
equally. (Glen v. Grand Trunk R.W. Co., 2 P.R 377.)
It would perhaps be competent for the parties intvjre.sted
in the reference to request the arbitrators, under the
authority of section 66, to reconsider the question of costs
in case the same were not mentioned in the award.

73. A school site shall not be selected in
a township within a hundred yards of the
garden, orchard, pleasure ground, or dwelling-
house of the owner of the site without his
consent.

This is an additional statutory requisite required in the
case of the selection of new sites in a township (see remarks
under section 67), and is not prescribed by the Depart-
mental Regulations.

74. Where the area of a school site is less
than is required by the regulations of the
Education Department the trustees may,
without reference to a special meeting of the

Rural School Sites.

ratepayers, enlarpje the same, but no such Sees. 74, 75*
enlargement shall be made in the direction of,
or including an orchard, garden or dwelling-
house, without the consent of the owner of
the land required, unless the school site can-
not be otherwise enlarged.

See remarks under section 67.

75. All corporations and persons whatever, who mas; con-

tenants in tail or for life, guardians, executors,
administrators, and all other trustees what-
soever, not only for and on behalf of them-
selves, their heirs and successors, but also for
and on behalf of those they represent, whether
infants, issue unborn, lunatics, idiots, femes-
coverts, or other person, seised, possessed of
or interested in any land, may contract for,
sell or convey all or part thereof to school
trustees for a school site or an addition to the
school site, or for a teacher's residence ; and
any contract, agreement, sale, conveyance
and assurance so made shall be valid and
effectual to all intents and purposes whatso-
ever ; and the corporations or persons so con-
veying are hereby indemnified for what they
respectively do by virtue of or in pursuance
of this Act.

This section protects trustees, executors, administrators,
and guardians from the consequences of any act which
would be outside the powers conferred upon them by the
instrument appointing them, provided such act comes
within the scope of above section.

vey school sites.

Public Schools Act.

owner.

Sec8^6, 77. 7g^ If the owner of land duly selected for
ofTbsencSor'^the Said purpose is absent from the county in
which the land lies, or is unknown, the
trustees may procure from a sworn surveyor a
certificate that he is not interested in the
matter; that he knows the land and that some
certain sum therein named is, in his opinion,
a fair compensation for the same ; and on
filing the said certificate with the Judge of the
County Court of the county in which the land
lies, accompanied by an affidavit or affidavits
which satisfy the Judge that the owner is
absent from the county and that, after diligent
enquiry, he cannot be found, the Judge may
order a notice to be inserted for such time as
he sees fit in some new^spaper published in the
county ; and he may in addition thereto,
order a notice to be sent to any person by
mail, or may direct service of the same to be
efi"ected in such other way as he sees fit.

The surveyor mentioned in this section must be duly
authorized to practise as a surveyor according to the
provisions of the Act respecting Land Surveyors and the
Survey of Lands, as any other person is liable to a penalty
of $40. (R.S.O., 1887, c. 152, s. 2.)

For forms of certificate, affidavit, and notice, see
Forms 25, 26, and 27, Appendix A.

Whnt notice
shall contain.

Arbitrators.

77. The notice shall contain a short
description of the land, and a declaration of
the readiness of the trustees to pay the sum
certified as aforesaid ; shall give the name of
a person to be appointed as the arbitrator of
the trustees if their offer of that sum is not

Rural School Sites.

for

not

accepted; shall name the time within which ^ecs- 77.78.
the offer is to be accepted, or an arbitrator
named by the owner; and shall contain any
other particulars which the County Judge
may direct.

For form of notice, see Fortn 27, Appendix A.

78. If within such time as the Judge ^^J«[„'J"*''
directs, the owner does not notify the trustees "'""^*'°'
of the acceptance of the sum offered by them,

or notify to them the name of a person whom
he appoints as arbitrator, the Judge shall, on
the application of the trustees, appoint a
sworn surveyor to be sole arbitrator for deter-
mining the compensation to be paid for the
property.

See remarks under section 76 as to the qualification of
the surveyor.

79. Where land is taken by the trustees R?fp°"*'^""y

J of trustees as to

without the consent of the owner, the com-'^'""^^"**"""
pensation to be paid therefor shall stand in
the stead of the land ; and after the trustees
have taken possession of land any claim to,
or incumbrance upon the same or any portion
thereof, shall as against the trustees, be con-
verted into a claim to the compensation or to
a proportion thereof, and the trustees shall be
responsible accordingly whenever they have
paid such compensation or any part thereof
to a party not entitled to receive the same,
saving always their recourse against such
party.

See remarks under section 69 (2).

lOO

Public Schools Act.

In case of in
cumbrance.

Deposit of

compensation

money.

Sec8^, 8x. gQ^ jf xhe trustees have reason to fear any
claims or incumbrance, or if any party to
whom the compensation or any part thereof
is payable refuses to execute the proper con-
veyance, or if the party entitled to claim the
same cannot be found or is unknown to the
trustees, or if for any other reason the trustees
deem it advisable, they may pay the arbitra-
tion and other expenses, and deposit the
amount of the compensation with the Hi<j;h
Court, or in such other rianner as the in-
spector may direct, with interest thereon for
six months, and may deliver therewith an
authentic copy of the conveyance, or of the
agreement or award if there be no convey-
ance ; and such agreement or award shall
thereafter be deemed to be the title of the
trustees to the land therein mentioned, and
shall be a good title thereto against all
persons interested in the property in any

Award to be manner whatever, and shall be registered in

registered. _ •'

the proper registry office on an affidavit of the
secretary-treasurer of the board of trustees
verifying the same.

See Holmested and Lan^^toti's Judicature Act, Con.
Rules 163 to 171, as to the mode of paying money into
Court.

ALTERATION OF SCHOOL BOUNDARIES.

Powers of town- gl. Evcry townshio council shall have

snip councils. •' '

power,

Union of exist- (i). To pass by-laws to Unite two or more

ing sections. ^ ^ *■ •'

sections in the same township into one, in

ALTliKATlON OF SCHOOL HOUNDAKIKS. lOI

case, at a pul)lic nieetin*^ in each section
called 1)}' the trustees or inspector for that
purpose, a majority of the ratepayers present
at each of such meetin<;s recjuest to be united.

The requirements of The Comolidati'd Municipal Act
as to the formal manner in which every council shall
exercise its powers are of a j^eneral character, and ai)ply to
the action of township councils in making territorial
changes for school [jurposes. The powers of the municipal
corporation are to be exercised i)y by-law when not other-
wise authorized or provided for, and this by-law is to be
under the corporate seal, signed by the head and by the
clerk of the corporation; otherwise it is invalid. (55 Vict.,
c. 42, ss. 282, 288 ; Holt et a/, v. T/ic Corporation of the
Township of Medoutc ct (//., 22 O.K., at p. 305.)

The division of school sections is a very important
part of the work of government which is entrusted to
municipalities, involving the exercise of legislative powers,
as to which the conclusion of the council should be
embodied in a by-law by the very terms of this section.
And legislative duties such as this must lie performed by
by-law. (Croft v. The Town Council of Peterborough,
5 CP. 35 ; Harrison's Municipal Manual, fifth edition,
pp. 209 and 523.)

The by-law defining the limits of the united sections
sh(juld set out such limits intelligibly; for, if the boundaries
are indefinite and fluctuating, the by-law is invalid.
(HiUiche v. The Municipolity of A fork tin ni, 17 (^.H. 562;
In re Simmons anil the Corporation (f the Tozvnship of
Chatham, 21 (,) . H . 275.)

If the by-law is invalid, the proper parties against whom
an action should be brought to have the by-law set aside
for such invalidity are the township corporation and the
individual members of the pro|)osed new school board.
( Wallace v. The Board of Public School Trustees of Lobo,
II O.K. 648; Holt et al. v. The Corporation of the
Township of Medonte <•/ <?/., 22 O.R. 302.)

But the Court will refuse to quash a by-law where

Sec. 3i.

102

Public Schools Act.

Sec. 8x. there is delay in making the application. ( Ifill v. The
Munidf^ality of Tccumset/i^ 6{J. 1'. 297; Cotkrw Dar/in}:;(ott,
II C.I'. 265.)

The trustees have i)ower under subsection 1 1 of
section 40 to call the meetings required by this section,
and the notice sent out by them should specify the reason
for calling the meeting. (In re Tahcr and the Corporation
of the Township of Scarhorouj^h, 20 (^).I5. 549.)

(2). To iilter tlie l)oundaries of li school

Alteration, etc., ^ _

s'cudn™' section, or divide an exi.-.tin<^ section into two
or more sections, or to unite portions of an
existin<j; section with another section, or with
any new section, in case it clearly appears
that all persons to be affected by the proposed
alteration, division or union respectively, have
been duly notified, in such manner as the
council may deem expedient, of the proposed
proceeding for this purpose, or of any applica-
tion made to the council to do so.

See Haacke v. The Municipality of Markham^ 17 Q.I5.
562, and /// re Simmons and the Corporation of the Toivn-
ship of Chatham, 21 (^).B. 275, cited under jjrevious sub-
section.

The mode and sufficiency of the notice seems to be in
the discretion of the township council ; but in Holt v. The
Corporation of the Tnvnship of Medonte, cited above, it
was argued that a letter sent by the township clerk to, and
received by, the secretary-treasurer of a school section, that
the former's council intended at their next meeting, to be
held five days after the receipt of such letter, considering the
advisability of passing a by-law for the purpose of dividing
the school section, was an insufficient notice. And a
notice given by the trustees of a section from which certain
lots were taken by an alteration to the trustees of the
section to which such lots were added has been held to be
insufficient. (Patterson and The Corporation of the

Af.ti:hatu)X or Srnooi. Hoinhariks. 103

Tinvuship of IIof<i\ 30 (^).H. 4S4.) And where a union
school section has been formed, consisting of part of a
section in one municipality and part of a section in
anotlier, and the i( timer municipality pass a by-law defining
the limits of the lormer section and bringing it entirely
within their municipality, excluding that part of the section
in the latter municipality which had belonged to it, the
objection of a ratepayer of the latter municipality that no
notice has been given to those persons affected in the
former municipality would have no effect. (In re Ness and
the Muniiipii/ity of Saltflect, 13 (yW. 408.) And it would
seem that no notice need be given to any persons in the
latter municipality. (Jl>.)

Before any alteration can be made in the limits of a
school section, notice must be given to the parties inter-
ested in the proposed alteration ; otherwise the by-law is
liable to be quashed. { Griffiths v. Afiniici/^n/ity of Gnint-
ham, 6 C.P. 274; Sha^v et at. ami tlic Cor/^nration (f the
Township of Manvers, 19 (J. 15. 28S; /n re Xess and the
Municipality of Saftfieet, 13 Q.IJ. 40S; /// /-(■ Isaac and the
Mil nicipa/ity of Euphrasia, 17 Q.15. 205.) It is not neces-
sary to recite in the by-law that the re(iuisite notice has
been given. (In re Ness and the Municipality of Saltjleet,
13 Q.B. 408.)

A municipality may alter the boundaries of school sec-
tions, not being union school sections, within their townships,
by taking from one and adding to another without any
previous request of the ratepayers, and notwithstanding
their disapprobation of the change, provided that those
affected by the alteration have notice of the intention to
make it. ( [n re Ley and the Afunicipality of Clarke, 13

Q.B. 433)

An alteration in the boundaries of a school section does
not make it necessary to call a school section meeting and
appoint new trustees. ( Chief Superintendent, In re Trustees
Section 2, Township of Moore v. McRae, 12 Q.B. 525.)

For form of notice by township council of its intention
to alter the boundaries of a public school section, see Form
28, Appendix A.

Sec. 81.

I04

Public Schools Act.

Sec. 8i.

By-law for
altering school
sections.

(3). Any such by-law shall not be passed
later than the first day of May in any year,
and shall not take effect before the 25th day
of December next thereafter, and shall remain
in force, unless set aside as hereinafter pro-
vided, for a period of live years. The town-
ship clerk shall transmit forthwith a copy of
such by-law and minutes relatin<^ thereto to
the trustees of every school section affected
thereby, and to the Public School inspector.

I'luU pari uf a divided or altered section in which the
schoolhouse continues to he situated is held to be the old
or original section. The trustees who live in the old part
remain the lawful trustees of the section, and only go out of
otirtce on the expiration of their term of trusteeship. Those
only who, by the alteration of the section, are placed outside
the new boundaries, and thus become non-residents, become
distpialified (s. 15), and cease to be trustees when the altera-
tion takes effect. As a general rule, it is scarcely worth
while to anticipate the annual meeting and elect a trustee
or trustees in the place of the one or more who may cease
to hold office on the 25th of December, by reason of non-
residence, caused by their being placed outside the bound-
aries as explained above. The remaining trustee or trus-
tees in the section (as well as the secretary-treasurer or
inspector) can give notice of the annual school meeting.
Should, however, an election be held before the annual
meeting, the trustee elected at such election only holds his
seat for the residue of the term for which his predecessor
could hold office (s. 104), and another election must be
held at the annual meeting on the last Wednesday in
December to fdl up the usual vacancy caused by the retir-
ing trustee (s. 17).

It is not necessary that the by-law should state on its
face that the alteration shall not go into effect till the 25th
December following the passing thereof. (Cotter v. Darling-
ton^ II C.P. 265.) It is only necessary that the alteration

Alteration of School Hoi'ndariks. 105

should noi go into tffccl before tliat diite. ( l>i rr /Vi'ss <?//</ Sees. 3i, 82.

Saltjh'ct, 13 Q.l). 408; /// re Isaac and Eiiphriisia, 17 Q.I5.

205.)

An alteration in the boundaries of a school section does
not make it necessary to call a school section nieetinjj; and
apjxjint new trustees. ( Cliicf Superintendent^ fn re Trustees
Section 2, Towns/iip of Moore v. A/cA'ae, 12 <^).l!. 525;
Chief Superintendent^ In re (ii// and Jackson et a/., 14 (.).!$.
I ly.) lUit when a neic section is formed from part of one
section and the whole of ancjther, it seems that it is neces-
sary to hold an election at the usual time for the election of
trustees for the new section. ( A/cUrexi'r v. Pratt, 6 CM'.

i7.>-)

Aiul one or more alterations in the boundaries of a
school section, or the change of ownershij) of land in the
section by many oi the ratepayers originally liable, does not
relieve the trustees from the res[)onsil)iiity of [)aying a just
debt due by the original section ijefore any such alteration
wai made. (Scott v. The School Trustees of Buri^ess and
Bathnrst, 21 C.I'. 398.)

And notwithstanding any alteration which may be made
in the boundaries of any school section, the taxable pro-
perty situated in the school section at the time when a loan
for the purchase f)f a school site or sites, or fur the erection
of a schoolhouse or houses, or any addition thereto, or for
the purchase or erection of a teacher's residence, was
effected shall continue to l)e liable for the rale which may
be levied by the township council for the repayment of the
loan (s. 1 15, ss. 4).

As to mode of setting aside by-law, see ne.xt section.

82, (1). A majority of the trustees, cr any Ai-pfi to

^ •' •' coiiiuy council.

five ratepayers of any one or more of the
scliool sections concerned, may witliin twenty
days, by notice filed in the office of the county
cl( -k, appeal to the county council of the
county in which such section or sections are
situated, against atiy by-law of the township

io6

Public Schools Act,

Sec. 82. council for the formation, division, union or
alteration of their school section or school
sections, or against the neglect or refusal of
the township council, on application being
made to it by the trustees, or any five rate-
payers concerned to alter the boundaries of a
school section or school sections within the
township.

See as to the retrospective effect of this section, Re
Proper and the Corporation of the Toivnship of Oak/and, 34
Q.B. 266.

For form of appeal to a county council under this sec-
tion, see Form g2, Appendix A.

(2), The time herein mentioned for appeal
shall run from the date of the by-law com-
plained of, or from the date of the meeting at
which the council refused to pass such b) -law,
or from the first meeting after which notice
was received from the clerk of the application
of the trustees or ratepayers asking for such
by-law to be passed as the case may be.

Am?o^'ntm|n' of (3). Tlic couuty council may, if it thinks fit,
appoint as arbitrators not more than five, or
less than three, competent persons, two of
whom shall be the County Judge, or some
person named by him, and the county in-
spector, and a majority of whom shall form a
quorum to hear such appeal and to revise,
determine or alter the boundaries of the school
section or school sections, so far as to settle
the matters complained of; but the alterations
or determination of the said matters shall not

Alteration of School Boundaries. 107

■I

take effect before the 25th day of December sees. 82,83.
in the year in which the arbitrators so decide,
and shall thence continue in full force for the
period of five years at least, and until law-
fully changed by the township council.

As to the latter part of this section, see remarks as to
election of a trustee or trustees under sub-section 3 of
section 81.

(4). No person shall be competent to act aswi.o may not

, . , . * act as arliitra-

arbitrator, who is a member of the township'"'^-
council, or who was a member at the time at
which the council passed or refused or
neglected to pass the by-law or resolution.

Should such a person act, the by-law is liai)le to be
quashed.

An arbitrator should be impartial. If corrupt conduct
on the part of an arbitrator be shown, his award will be set
aside. (Tittensen v. Peat, 3 A. & R. 529 ; Earle v.
Stacker, 2 Vern. 251 ; Burton v. Kni}:;ht, //;., 514; Mori^a/i v.
Mather, 2 Ves. 15; Lonsdale v. Littledale, 2 Ves. 451;
Emery v. IVase, 5 Ves. 846; C/arke v. Stocke/i, 2 Uing,
N.C. 651.) But mere suspicion of misconduct is not
enough. (Cross/ey\. day, 5 C.B. 581.)

(5). Due notice of the alterations or the Notice,
determination of the said matters made by
the arbitrators shall be given by the inspector
to the clerk of the township and to the trustees
of the school sections concerned.

For form of notice, see Form jo, Appendix A.

83. On the formation, dissolution, division Adinstment of

1, , • ^ , , . claims between

or alteration 01 any school section in the""'°"^'"«"'e

J *'* '■"^ townsliip.

same township, in case the trustees of the

io8

Public Schools Act.

Sees. 83, 84. sections interested are unable to agree, the
county inspector and two other persons
appointed by the township council as arbitra-
tors shall value and adjust in an equitable
manner all rights and claims consequent upon
such formation, division, dissolution or altera-
tion between the respective portions of the
township affected, and determine in what
manner and by what portion or by whom the
same shall be settled ; and the determination
of the said arbitrators or any two of them
shall be final and conclusive.

Dispos.il of 34 In case a school site or schoolhouse or

school property

waiue.'!"' other school property is no longer required in
a section, in consequence of the alteration or
the union of school sections, the same shall
be disposed of, in such a manner as a majority
of the ratepayers in the altered or united
school sections may decide at a public meeting
called for that purpose; and the ratepayers
transferred from one school section to another
shall be entitled, for the Public School pur-
poses of the section to which they are
attached, to such a proportion of the proceeds
of the sale of such schoolhouse or other
Public School property as the assessed value
of their property bears to that of the other
ratepayers of the school section from which
they have been separated ; and the residue of
such proceeds shall be applied to the erection
of a new schoolhouse in the old school section,
or to other Public School purposes of such old

;

Union School Sections.

1 09

section. In the case of united sections, the ^^^^ 84,85.
proceeds of the sale shall be applied to the
like Public School purposes of such united
sections.

For form of deed, see Form jr, Appendix A.

UNION SCHOOL SECTIONS.

85. All school sections existin«{ on the 1st inions .xisiing

"^ _ isi J iiiuary,

day of January, i8gi, and all union school '"j''
sections which on that date existed in fact,
and whether formed in accordance with the
provisions of the law in that behalf or not, are
to be deemed to have been le<^ally formed, and
shall continue to exist, subject, however, to the
provisions of this Act so far as applicable as
if they had been formed thereunder; and in
cases where any union has before said date
been adjudj^jed by any court or jud.uje to have
been illegally formed, or where any proceedings
were pending at said date on that ground,
further proceedings may be stayed, upon pay-
ment of such costs or expenses, if any, as the
court or judge may award.

This section is the snme as that put in force on 2nd
March, 1877, the statute 40 V^ict , c. 16, s. ri, s-s. 4, enact-
ing that all school sections existing on that date, and all
unions of school sections which on that date existed in fact,
whether formed in accordance with the provisions of the
law or not, should be considered legally formed. And even
where it had been decided previous to the passing of above
statute that a union section was illegally formed, the Court
held that the union section existed as a fact, at the passing
of the Act, and was legalized by it. ( fn re Petition of Min-
ister of Education, 28 C.P. 325; Boydw The Piddic School

Public Schools Act.

Sees. 85, 86, Board of the Village of Bobcaygeon, in the County of Victoria^
^7- 43QH-35)

Section 85 has simply legalized any union sections
formed since 2nd March, 1877, and existing on ist January,
1 89 1, whose formation was not in accordance with the pro-
visions of the statute in that behalf. The procedure for
legally forming, altering, or dissolving union school sections
is fully set out in section 87.

VVliat unions
niny be formed

86. A union school section may be formed

between [ci) parts of two or more adjoinin<]j

' nvnships ; [b] parts of one or more townships

'li ' an adjoining town or incorporated village.

No power is given under this section for the formation
of a union section out of sections in different townships
(Hatpin v Cahhr, 26 C.P. 501) j nor out of parts of sec-
tions, but only out of two sections. (Askezv v. Manning
f/r//., 38Q.B. 345.)

f^rmaSauer- 87. Thc followlng shall bc thc procedure
tion"of "union.'"" for thc formation alteration or dissolution of
union school sections :

(i). On the joint petition of five ratepayers
from each of the municipalities concerned, to
their respective municipal councils, asking for
the formation, alteration or dissolution of a
union school section, each municipal council
so petitioned may appoint an arbitrator (who
must not be a member of the council), notice
of which shall be sent by the respective clerks
to the inspector or inspectors of the district or
districts concerned, who shall be ex officio
arbitrators.

For form of petition, see Form 32^ Appendix A ; and
for form of notice, see Form jj, Ap[)endix A.

Union School Sections.

Ill

(2). In cases where the persons so appointed Sec. 87.
arbitrators would be an even number, the
senior County Court Jud<^e, or some person
by him appointed to act in his behalf, shall be
added, or in the case of an arbitration affectinj^
two or more counties, then the senior County
Court Judge of the county having the largest
population according to the last Dominion
census, or some person by him appointed to
act in his behalf shall be added.

(3). The first meeting of the arbitrators
shall be called by the inspector representing
the greatest number of schools who shall give
ten days' notice in writing of such meeting to
the clerks of the municipalities concerned.

For form of notice, see Form J4, Appendix A.

(4). In case the arbitrators shall determine
upon the formation of a new union section, or
upon the alteration of the boundaries of an
existing union school, they shall in their award
set forth the specific parcels of land to be
included in such new union school section, or
in such altered section as the case may be.
In the event of the transfer of any parcel or
parcels of land from an existing union section
to some other section or sections the arbitrators
shall in their award set forth to what other
section or sections such transfer shall be made,
and any such transfer shall be binding and
operative for all school purposes till altered as
provided by this Act.

The award forms the title to the parcel transferred until

112

Public Schools Act.

Sec. 87. the boundaries of the section to which the said parcel is
transferred is altered or otherwise dealt with in accordance
with section 8t (2). See also next sub-section.

(5). In case the arbitrators shall determine
upon the dissolution of an existinfj; union they
shall set forth in their award the section or
sections to which the parcels of land com-
prising such union shall be attached for school
purposes, and any such transfer of the parcels
of land comprising a union school section to
an adjoining section or sections shall be
binding and operative till the boundaries of
such section or sections are altered as provided
by this Act.

See remarks under previous sub-section.

(6). Where the arbitrators find that it would
be in the interest of the parties concerned^
and where in their opinion it is practicable sa
to do, they may at their discretion form part
of the territory of any union section into a
non-union section, and in such cases they shall
indicate the parcels of land of which such
non-union section shall be composed. The
remainder of the union section shall be dis-
posed of as hereinbefore provided.

See sub-sections 4 and 5 of this section as to the
disposal of the remainder of the union section.

(7). When a new union school section is
formed or an existing union school section
altered the arbitrators shall determine and
fix the proportion which the part in each

Union School Sections.

113

municipality shall be liable to contribute See. 87.
towards the erection and maintenance of the
school and other requisite expenses, and such
determination shall be binding for a period of
three years.

(8). In any award made under this section
the arbitrators shall value and adjust, in an
equitable manner, all rights and claims con-
sequent upon the formation, alteration or
dissolution of union sections between the
respective municipalities and school sections
concerned, and shall also determine in what
manner and by what municipality or munici-
palities, or what portions thereof the same
shall be paid and the sum or sums of money
to be paid by one portion of the municipalities
or school sections concerned to the union
school so formed or altered, and the dis-
position of the property of the union and any
payment by one portion to tiie other, and such
valuation, adjustment and determination shall
form and be considered an integral portion of
their award, and shall be binding on the muni-
cipalities and school sections concerned, sub-
ject to the provisions of this Act.

For form of award, see Form jj, Appendix A.

(9). When a new union school section is
formed by arbitration, as herein provided, the
inspector, authorised under sub-section 3 to
call the first meeting of the arbitrators, shall
call the first meeting for the election of

114

Public Schools Act.

Sec. 87. trustees, and shall proceed as the clerk of the
municipality is directed to proceed in section
29 of this Act.

Section 29, which prescribes the proceedings to be taken
on the formation of a new school section, enacts as follows :

" Where a new school section is formed in any township
as provided in this Act, the clerk of the township shall cause
notice to be posted in three of the most public places in the
new school section, calling the first annual meeting thereof
at least six days before the last Wednesday in December
in the year in which such new school section was formed, and
the first meeting in every new school section shall be held
at the same time as the annual meeting in school sections.
The meeting shall be organized, and the proceedings con-
ducted, as near as may be, according to the provisions of
sections 19 to 24 of this Act, inclusive." See also sections
19 to 24, and remarks thereunder.

For form of notice, see Form 6, Appendix A.

(10). Such union, alteration, or dissolution
shall not take effect until the 25th day of the
month of December, which will be at least
three months after the award of the arbitrators
or a certified copy thereof is filed with the
clerks of the municipalities concerned.

(11). No union school section shall be
altered or dissolved for a period of five years
after the award of the arbitrators has gone
into operation, but nothing herein contained
shall be construed as restraining any municipal
council from enlarging the boundaries of any
union school section from time to time as may
be deemed expedient.

Union School Sections.

115

88. When the territory which it is proposed S*";J5' ^s-
to form into a union school or when the union I^o''un1on"!icho5i
school section which it is proposed to alter or"^" '"*"""'^-
dissolve, lies wholly within a county the
trustees or any five ratepayers in the territory
or union section concerned, or the inspector
or inspectors, may within one month after the
making thereof appeal in writing to the county
council against any award made by the arbi-
trators either for the formation, alteration or
dissolution of such section, or against the
neglect or refusal of the township council or
councils concerned to appoint arbitrators, as
provided in section 87 of this Act, and on
receipt of such appeal the county council shall
have power to appoint not more than three
arbitrators, who shall neither be ratepayers in
the territory or school section concerned, nor
members of the municipal councils concerned,
and such arbitrators shall have all the powers
of arbitrators appointed under section 87, and
the decision of a majority of them shall be
final and conclusive. The first meeting of
such arbitrators shall be called by the county
clerk.

For form of appeal to a county council under this sec-
tion, see Form 2^, Appendix A ; and for form of notice of
the decision of the arbitrators in regard to such appeal, see
Forf/i JO, Appendix A.

89. When the territorv which it is pro- Appeal relating

* to union school

posed to form into a union school or ^o^'J^^o^mies.
when the union school section which it

ii6

PuHLic Schools Act.

Sect. 89, 90. is proposed to alter or dissolve, lies partly
within two or more counties, the trustees
or any five ratepayers in the territory or union
school section concerned, or the inspect( "♦'
inspectors, may within one month aftei ..le
making thereof appeal against any award
made by arbitrators for the formation, alter-
ation or dissolution of such section, or against
the refusal or neglect of the townshij) council
or councils concerned to appoint arbitrators,
to the Minister of Education, who shall have
power to alter, determine or confirm such
award, or where no award was made, then at
his discretion to appoint not more than three
arbitrators who shall have all the power of
arbitrators appointed under section 86 o) s
Act, and the decision of a majority of them
shall be final and conclusive. The first
meeting of such arbitrators shall be called by
the Minister of Education.

Payment of 90. The school rates of cvery union scctiott
school sections, shall bc collcctcd by the collectors of the
municipality in which each part of the union
section is respectively situate, and the amount
collected from the several ratepayers in each
part of the union section shall be paid by the
respective collectors to the treasurer of the
municipality in which such part of the union
section is situate, and such treasurer shall
pay over the same without any charge or
deduction to the trustees entitled thereto.

A school rate in a union school section illegally formed,

Union School Skctions.

117

but existing on ist January, 1891, is legal, and can he col- Sees. 90, 91,
lectcd, by virtue of section 85 of this Act. See section S5,
and remarks thereunder.

91. When any township municipality is sch°oi iser^^^^^
divided by Act of the Legislative Assembly p^'i'V'S'd.
for municipal purposes, all school sections

which may, by such division, be situated
partly in each of the newly formed muni-
cipalities, shall be deemed union sections
until otherwise altered under the provisions
of this Act.

The result of this enactment seems to be that where a
school section is situate in a municipality, the boundaries of
which are altered by legislation so as to mclude only part
of such school section and place the remaining part in
another municipality, such school section thereby becomes
converted into a union school section.

92. Every union school section shall, for J;l;s'iees"\nd
the election of trustees, be deemed one school Imion'^'sXoi
section, and shall be considered in respect to
inspection as within the municipality in which
the schoolhouse is situated, or if there be two
or more schoolhouses then in the municipality
having the largestamount of assessed property.

The municipality within which is the largest amount of
assessed property should be left to the decision of the inspec-
tor, who must obtain the necessary information from the
clerks of the respective municipalities, and base such decision
thereon.

sections.

93. (i). In case a portion of the territory Continuation of

^ ' * -' boundaries of

composing one or more school sections be- '""' *""°"*-
comes incorporated as a village or town, the

ii8

Public Schooi s Aci.

Sees. 93, 94. boundaries of such school section or sections
shall continue in force and shall be deemed a
union school section, and the provisions of
this Act respecting the election of Public
School trustees in towns or villages shall
apply thereto until such union is altered or
dissolved as provided by this Act.

See sections 102 and 103 as to the election of public
school trustees in towns and villages.

See section 87 and sub-sections thereof as to alteration
or dissolution of union school sections.

Where rate-
payers to vote
when munici-
pality divided
into wards.

Whe"-" nart of a
township is
annexed to a
city.

(2). In the case of a town or incorporated
village divided into wards to which a part of
an adjoining township or townships is attached
for school purposes, the board of trustees of
such union school section shall by resolution
determine in which ward or wards the rate-
payers of the township part shall vote for
the election of school trustees and at elections
on other school questions, and in case of no
such resolution, then such portion of the
township shall be considered for all election
purposes as attached to the ward or wards
adjacent.

This resolution should be passed at a meeting of the
board of trustees held any time during the year.

94. When any portion of a township muni-
cipality is annexed to a city or town by
proclamation, the portion so annexed shall
for all school purposes be deemed to be part
of such city or town, provided always that
when the portion annexed does not include

Union School Sections.

119

the

the whole of any contifjjuous school section,
the respective municipalities shall, unless
determined by mutual agreement between
themselves after such annexation, each ap-
point an arbitrator who, with the senior
County Judge of the county, shall value and
adjudge ii an equitable manner the rights and
claims of all parties affected by such annex-
ation, and who shall determine by what
municipality or portion thereof, the same
shall be adjusted, paid or settled, and the
award of such arbitrators shall be final and
conclusive, and the money found due, either
by mutual agreement or under the award,
shall be deemed money for school purposes
and the provisions of section 115 of this Act
shall not apply to the money so required to
be paid under the award or mutual agreement,
and a debenture or debentures may issue to
be payable out of the taxable property of that
part of the school section remaining in the
indebted municipality, upon a requisition of
the trustees of said school section, without
calling a special meeting of the electors, and
upon the terms and conditions set forth in a
by-law of the said municipality, anything in
this Act to the contrary notwithstanding.

*' In all cases in which two municipal corporations are
united by proclamation, or by any Act of the Legislative
Assembly, all the assets and liabilities of the school corpor-
ations of the minor municipality shall be assumed by the
school corporation of the united municipality.'" 55 Vict.,
c. 61, s. 5.

Sec. 94.

120

Public Schools Act.

Sees. 94, 95. Under this section, the school trustees have power to
require the issue of debentures without first submitting the
question to the vote of the electors of the municipality
who are supporters of public schools, as is required by
sections 115 (3) and 116.

Assessors to

determine

proportion.

EQUALIZATION OF UNION SCHOOL ASSESSMENTS.

95. (1). Once in every three years the
assessors of the municipaUties in which a
union school section is situated, shall, after
they have completed their respective assess-
ments and before the first day of July meet
and determine what proportion of the annual
requisition made by the trustees for school
purposes shall be levied upon and collected
from the taxable property of the respective
municipalities out of which the union school
section is formed. Notice of such deter-
mination shall be given forthwith to the
secretary-treasurer of the union school section
concerned.

For form of notice, see Form j6, Appendix A.

Arbitration
where assessors
disagree.

(2). In the event of the assessors disa<^ree-
ing as to such proportion, as aforesaid, the
inspector in whose district the union school
section is situated shall name an arbitrator
who, with the assessors aforesaid shall deter-
mine the said matter and report the same to
the clerks of the respective municipalities,
and the decision of a majority shall be final
and conclusive for the period of three years.

Union School Assessments^

121

(3). When the union school section is com- s*"^' op-
posed of portions of two adjoining counties, ^^''*""'''°°'

section lies in
two counties.

then on the disagreement of the assessors the
inspector of the county in which the school-
house of the union section is situated shall
name an arbitrator, and the decision of a
majority shall be final and conclusive for the
period of three years.

(4). The meeting of the assessors, for the Meeting of

^ " ^ '-' assessors to

purposes herein set forth, shall be called by J^^^p'^";iPf^
the assessor of the municipality in which the
schoolhouse of the union section is situated.

(^). The assessors or the assessors and Reconsidera-

^ _ ' _ tion of award.

arbitrator appointed as herein required may,
at the request of the inspector or five rate-
payers, within one month after the filing
thereof with the clerk reconsider their award,
and alter or amend the same so far as to
correct any omission or error in the terms in
which such award is expressed.

96. (I). Any by-law of a municipality for By-uw altering

_•' -^ _ * -' _ sections to be

forming, altering or dissolving a school section ^;^|i^g"j"j«^^^\gjj
or sections, and any award made by arbitrators'^'"^""
appointed to consider an appeal from a town-
ship council with respect to any matter
authorized by this Act shall be valid and
binding, notwithstanding any defect in sub-
stance or form, or in the manner or time of
passing or making the same, unless notice to
quash such by-law or to set aside such award
is filed in the office of the township clerk

17.2

Public Schools Act.

Sec. 96. within one month of the publication of such
by-law or award.

A freeholder of a township has an interest in its by-laws
sufficient to enable him to move to quash any one or more
of them; he need not be a resident. (In re De La Haye
V. The Municipality of the Tinvnship of and the Gore of
Toronto, 2 C.P. 317.)

And an owner of real estate which has been assessed is
entitled to move against a by-law, though his name does
not appear on the roll. (Boulton and the Toivn Council
of the Town of Peterborough^ 16 Q.B. 380.)

There is nothing inconsistent in an applicant bringing
an action to set aside an award, as he is not bound to elect
between attacking the by-law and attacking the award.
But where the applicant, being called upon by the Court to
elect, had elected to attack the award and consented to a
decree setting it aside, and ordering a new arbitration*
which arbitration he had prosecuted until another award
was made, which he had not moved against within the time
allowed therefor, the Court held that he could not afterwards
complain of having been forced to elect at the hearing.
(Harding V. Toivnship of Cardiff, 2 O.R. 329.)

Where an objection to a by-law is without merits, and
inconvenience would be likely to ensue, the Court may
refuse to quash such by-law. (I^egg v. Township of South-
wold, 6 O.R. 184.) And where there is a considerable
delay on the part of the applicant which is unexplained, the
Court may also refuse to quash the by-law. (In re
Mc Alpine and the To'wnship of Euphemia, 45 Q.B. 199.)
And see also as to the question of delay in moving to quash
a bylaw, Leddingham and the Corporation of the Toivnship
of Bentinck, 29 Q.B. 206 ; Taylor and the Corporation of the
Township of West Williams, 30 Q.B. 337 ; Carroll v. Perth,
10 Chy. 64. Where the operation of a by-law or resolu-
tion is spent, it will not be quashed. (Daniels and the
Municipal Council of Burford, 10 Q.B. 478 ; Terry v.
Municipality of the Tozvnship of Haldimand, 15 Q.B. 380.)
And the Court will not quash a by-law repealed after it has

Union School Assessments.

123

been moved against, but the municipality will have to pay Sees. 96, 97.

the costs of the application. (In re Coleman, 9 C.P. 146 ;

In re Coyne and the Municipal Council of Dunwicli, 9 (^.B.

309.) And the Court will not quash a by-law for want of a

seal, as without the seal it could not be treated as a by-law.

(In re Croft and the Municipality of the Township of Brooke,

17 Q.B. 269 ; /// re Mottashed and the Corporation of the

County of Prince Edward, 30 Q.B. 74.) The Court will

only quash a by-law for illegality, not for want of clearness

of expression, or a difficulty in construing or applying its

provisions. (In re Smith and the City of Toronto, 10 C.P.

225 ; Hodgson v. Municipal Councils of York and Peel, and

of Ontario, 13 Q.B. 268.) And the quashing of a by-law

is not imperative, but discretionary. (Re Milloy and the

Totvnship of Onondaga, 6 O.R. 573; Hodgson v. Municipal

Councils of York and Peel, and the Municipal Council of

Ontario, 13 Q.B. 268; In re Michie and the Corporation of

the City of Toronto, 11 C.P. 379.)

For form of notice to quash by-law or award, see Form
37, Appendi.x A.

(2). Such by-law or award shall be deemed when deemed

. 1 1 • 1 1 publication of

to be published when a copy thereof is served '""'^'^•
upon the secretary or secretary-treasurer of
each board of trustees affected thereby.

The by-law or award should be served personally, so
that the service, if necessary, may be proved.

(3). Any by-law or award confirmed, as incy-iawtobe

1 . . . - , binding for

this section provided, shall be valid and "^'^ 5"^""-
binding for a period of five years.

PUBLIC SCHOOL BOARDS IN CITIES, TOWNS AND
INCORPORATED VILLAGES.

97. Every board of Public School trustees B°ard to be

. , corporation.

in cities, towns and incorporated villages,

124

Public Schools Act.

Sees. 97, 98, eJecte(j as provided by this Act shall be a
corporation by- the name of "The
Public School Board " (prefixing to words
"Public School Board" the name of the city,
town or incorporated village for which such
trustees are elected), and shall have and
possess all the powers usually possessed by
corporations, so far as the same are necessary
for carrying out the purposes of this Act.
See remarks under section 7.

Who may be 98. Any ratepayer resident in the muni-

elected trustees. "^ ' -^

cipality of the full age of twenty-one years
shall be eligible to be elected a Public School
trustee, and every trustee shall continue in
office until his successor has been elected
and the new board organized.

See remarks under section 15.

99. (i). In case any unincorporated village
becomes incorporated or in case a village, or
town changes its corporate status, the trustees
having jurisdiction over the school property
situated within such village, or town, prior to
its incorporation or prior to the change of its
corporate status, shall exercise all the powers
conferred by this Act upon the trustees of
incorporated villages, towns or cities, until a
new election of trustees is held, and such
trustees shall call a meeting of the ratepayers
of such incorporated village, town or city
within one month after the date of such
incorporation for the election of a new Public
School board.

First election
of trustees.

School Boards in Cities.

125

(2). In calling the meeting of the ratepayers s**=^- 99- ^<»°-
of such newly incorporated village, town or
city, the provisions of section 102 of this Act
shall be complied with so far as the same are
applicable. Where the trustees of the muni-
cipality whose corporate status was changed
were elected by ballot, the provisions of sec- »

tion 103 of this Act shall apply to the election
of trustees in such newly incorporated town
or city.

Unless the trustees of any unincorporated village, pre-
vious to its incorporation, or of a village or town previous
to any change in its corporate status, were elected by
ballot, the provisions of section 102 of this Act shall apply
to the election of trustees in such unincorporated village
on its becoming incorporated, or in such village or town
after a change has taken place in its corporate status. If
such trustees were, on the contrary, previously elected by
ballot, then the provisions of section 103 apply to the elec-
tion of trustees in such newly incorporated village, town, or
city.

100. (i). For every ward into which any Trustees in
city, town or incorporated village is divided ^'jr'ds*^ '"'"
there shall be two school trustees, each of
whom, after the first election of trustees,
shall continue in office for two years, and
until his successor has been elected and the
new board organized.

By statute 54 Vict., chapter 82, being an Act respecting
the City of Toronto, special provision was made for the
election oi four public school trustees for each of the wards
into which the City of Toronto was by section 9 of that
Act divided, thus overriding, so far as the City of Toronto
is concerned, the provisions of above section.

126

Public Schools Act.

Sec. 100. Section lo of above statute provides that :

"(i) Notwithstanding the provisions of The Public
Schools Acl, i8gi, all the members of the Toronto Public
School Board shall retire from office at the time appointed
for the next annual school election, when a new board shall
be elected, the old board retaining office only until their
successors shall have been duly elected and the new board
organized.

" (2) For every ward into which the City of Toronto is
divided by section 9 of this Act (54 Vict., c. 82) there shall
be four school trustees, two of whom after the next annual
school election shall continue in office for two years, and
until their successors have been elected and the new board
organized.

" (3) Two of the trustees in each ward (to be determined
by lot at the first meeting of the board after the next annual
school election, which determination shall be entered upon
the minutes) shall retire from office at the time appointed
for the next annual school election, and the other two shall
continue in office one year longer, and then retire, after which
two trustees shall be elected annually for each ward.

" (4) In the pursuance of the resolution of the present
board, and the notice by them given to the city clerk, the
election of the new trustees, as aforesaid, shall be held by
ballot on the same day as the municipal aldermen are
elected at the next annual election thereof, under the
provisions of section 103 of The Public Schools Acl, i8gi,
and sub-sections thereof."

(2). One of the trustees in each ward (to
be determined by lot at the first meeting of
trustees after their election, which deter-
mination shall be entered upon the minutes)
shall retire from office at the time appointed
for the next annual school meeting, and the
other shall continue in office one year longer

School Boards in Cities.

127

and then retire, after which one trustee shall Sees. 100,
be elected annually for each ward.

See remarks under section 56.

(3). When any town or incorporated village
is annexed to a city, the town or incorporated
village so annexed shall, for all the purposes
of this Act, be deemed to be part of the city.

101. (I). In every incorporated village notT',|>^»'|«*J{'
divided into wards there shall be six trustees, ^a;|^.'' '"'°
each of whom, after the first election for
trustees, shall continue in office for two years

and until his successor has been elected and
the new board organized.

(2). Three of the trustees (to be deter-
mined by lot at the first meeting of trustees
after their election which determination shall
be entered upon the minutes) shall retire
from office at the time appointed for the next
annual school election, and the other three
shall continue in office one year longer and
then retire; after which three trustees shall
be elected annually.

See sections 56 and 100 (2), and remarks thereunder.

102. The annual and other elections of provisions for

. elections of

Public School trustees, unless otherwise "■""^"•
ordered, as provided by section 103 of this
Act, shall be subject to the following pro-
visions :

(1). A meeting of the ratepayers for the

Nominations,

128

Public Schools Act.

Sec. loa. nomination of candidates for the office of
Public School trustee, shall take place at
noon on the last Wednesday in the month of
December, annually, or if a holiday on the
day following, at such place as shall from
time to time be fixed by resolution of the
Public School board, and in municipalities
divided into wards, in each ward thereof, if
the board in its discretion thinks fit.

A nomination is a resolution submitted to the electors
that the party named is a candidate for their suffrage for an
office named. (Re.i;. ex rel. Corbett v. Jiill, 5 P.R. 4.7.) The
nomination must be made at the place named in the
resolution ; otherwise the election may be avoided. The
Sessions of St. John had, pursuant to the Act of the
Assembly, appointed a certain schoolhouse in the parish of
L. as the place of meeting for the nomination of candidates
for parish offices, but the poll clerk gave a notice for the
meeting to be held at the house of one C, in the same
settlement, and not more than seventeen rods distant from
the schoolhouse. The parishioners met at the place named
in the notice, organized the meeting, and then met to adjourn
at the schoolhouse, where the election afterwards took
place. The election was held to be void. (Ex parte
Robinson, 3 Pugs. N.B. 389.)

A meeting of the electors (or ratepayers) means a
coming together of the electors. The attendance of one
person only could not be a meeting. ( Sharpe v. Dawes.,
2 Q.B.D. 26.)

Returning
Officer.

(2). The Public School board shall by
resolution before the second Wednesday in
December each year name the returning
officer or officers to preside at the meeting or
meetings for the nomination of candidates,

Election of Trustees.

129

and also for holding the election in case of a ^^^- "»"•
poll, and in case of the absence of such
officer the chairman chosen by the meetin<;
shall preside, and the Public School board
shall give at least six days' notice of such
meeting.

Under T/ie Consolidated Municipal Act, section 93, these
regulations have to be carried out by bylaw. Under this
Act, a resolution of the board of school trustees is sufficient.
The notice must be given six full days before the meeting.
(In re Sams v. Toronto, 9 Q.H. 181.) Where a statute says
that a thing shall be done so many days, or so many days at
least, before a given event, the day of the thing done and
that of the event must both be excluded. (Reg. v. Shropshire,
8 A. & E. 173 ; Mitchell \. Foster, 9 Dowl. 527.) A notice
of " ten days at least" for a hearing means that there shall
elapse at least ten periods of twenty-four hours each between
the day of the delivery of the notice and the day of hearing.
(Norton v. Salsdury, 4 C.B. 37.) It means ten clear, full,
and complete days, and not nine days and fractions of
other two days. (Adey v. Hill, 4 C.B. 40.) See also Hoives
v. Peirce, i C.P.D. 670.

(3). If at such meeting only the necessary Proceedings at
number of candidates to fill the vacant offices
are proposed and seconded, the returning
officer or person presiding, after the lapse of
one hour, shall declare such candidates duly
elected, and shall so notify the secretary of
the Public School board; but if two or more
candidates are proposed for any one office and
a poll in respect of any such office is de-
manded by any candidate or elector, the
returning officer or chairman shall adjourn the
proceedings for filling such office until the

nuniinations.

130

Public Schools Act.

Sec. loa. flrst Wednesday of the month of January
then next, or if a holiday, then to the day
following, when a poll or polls shall be opened
at such place or places, and in each ward,
where such exist, as shall be determined by
resolution of the trustees.

Where more persons are proposed and seconded than
necessary, and, after polling commenced, all except the
necessary number retire, it would seem that the returning
ofificer cannot close the poll except under the circumstances
mentioned in this section. (Reg. ex rel. Home v. Clarke,
6 L.J. 114.) The election is commenced when the
returning officer receives the nomination of candidates.
(Reg. V. Cowan, 24 Q.B. 606.)

By allowing an hour to elapse between the nomination
and the proceeding to close the election in case of no further
nominations, the Legislature means to protect the electors
against haste and surprise. (Reg. ex rel. Corhett v. Jull,
5 P.R. 48.) Unless an opportunity be given to the electors
present to express their assent or dissent, there cannot be
said to be an election by acclamation. (Ih.)

Hours of
polling.

(4). The poll or polls shall be opened at
the hour of ten of the clock in the forenoon,
and shall continue open until five o'clock in
the afternoon, and no longer, and any poll
may close at any time after eleven o'clock ift
the forenoon, when a full hour hn *'^ psed
without any vote having been poll

If through some blunder the majority 01 ilie elei tors
were to mistake the day of election, and abstain from \ ting,
it might be held that an election by the minority was not a
valid election. (Reg. v. Bradford, 20 L.J. Q.B. 226.)

Where a poll is demanded the election commences with
it, as being the regular mode of popular election. In the

Election of Trustles.

iji

nature of things, the demand for a poll never is made, nor
can it reasonably be expected to be made, until the necessity
for such demand arises ; that is, until one of the contending
parties is dissatisfied with the decision of the chairman upon
the show of hands. (Campbell \. Mtiiind, 5 A. & E. 881,
per Tindal, C.J.) The polling is a continuation of the
proceedings initiated by the nomination. ( l^fg. v. Arch-
deacon of Cluster, i .\. & K. 342.) Where a poll is granted,
a poll must be had, even although all the candidates except
one, after the nomination, and before the polling, decline
the contest. (Wexford Election, L.R. 3 Ir. C.L.R. 612 ;
He}^. V. Cooper, L.R. 5 Q.H. 457.) At a township election,
after the nomination of several candidates, the returning
officer adjourned to another room to receive votes, but
none were tendered. He then closed the poll. The
election was held void. ('/^.V4,^ ex rel. Smith v. Blouse, i P.R.
180.) It is necessary that during the hours for polling the
electors should have free access to the polling places. The
fact that a large number of duly qualified electors could not
cast their votes is a sufficient reason for setting aside an
election, if the result would have been affected by the
unpolled votes. (Jieg. ex rel. Doris v. IVilson, 3 L.J. 165 ;
Reg. ex rel. Kirk v. Asseltim', i L.J. 49 ; Reg. ex rel. Gild's
v. Branigan, 3 L.J. 127 ; Anon., 8 L.J. 76.)

Sec. loa.

)sed

with
the

(5). In cities, towns, incorporated villages, J^^'^^y^sand^
and in townships where Public School boards cie°K*oYmunici.
exist, the clerk of the municipality shall vo\ers'°Lut"to''

r -1 1 T.11-01 111-1- Public School

furnish to the Public bchool board, within boards.
three days after request in writing, ' The
Voters' List,' of such municipality, annexing
thereto a list of the names of persons being
supporters of Separate Schools, and also a
list of the names, alphabetically arranged, of
all ratepayers not being already upon * The
Voters' List.'

132

Public Schools Act.

Sec^o2. (5)^ xhe Public School board shall provide
oHisfanda poll each polHng place with the list aforesaid, and
vided for ea^cb" also E poll book ; and, at every election at

polling place. ,, ■ ■, 111

poUBook which a poll is demanded, the returning
officer or person presiding, or his sworn poll
clerk, shall enter in such book in separate
columns the names of the candidates proposed
and seconded at the nomination, and shall,
opposite to such columns, write the names of
the ratepayers offering to vote at the election,
and shall, in each column on which is entered
the name of a candidate voted for by a voter
set the figure * I ' opposite the voter's name,
with the residence of the voter.

Duty of return- (7). Thc retuming officer or person presiding

ing officer after ^' ' <=* ^ ^ O

cioseofeiection. shall, on the day after the close of the election,
return the poll book to the secretary or secre-
tary-treasurer of the Public School board,
with his solemn declaration thereto annexed,
that the poll book has been correctly kept
and contains a true record of the votes given
at the polling pbvc for which he was return-
ing officer.

For form of declaration, see J^orm j/, Appendix A.

Duty of secre-
tary.

(8). The secretary-treasurer shall add up
the number of votes for each candidate for
any office, as appears from the poll book so
returned, and shall declare elected, the candi-
date or candidates having the highest number
of votes, and shall forthwith notify the
candidates in writing of the number of votes

Election by Ballot.

133

polled for each of them respectively in said s^'^^- "'*»
election.

For form of declaration, see Form j8, Appendix A.

(9). In case two or more candidates have lasting vote.
an equal number of votes, the member of the
board present at the first meeting thereof
after such election and before the organization
of the board, vv^ho is assessed highest as a
ratepayer on the last revised assessmei, roll,
shall give a vote for one or more such candi-
dates, so as to decide the election.

See sub-section 3 of section 106, and remarks thereunder.

ELECTION BY BALLOT.

103. (I). The board of Public School '^'ectinns of

tnisleesonsame

trustees of any city, town, incorporated ;?i'pyaf|,'^','J!;';„
village or township may, by resolution, of
which notice shall be given to the clerk of
the municipality on or before the first day of
October in any year, require the election of
school trustees for such city, town, incor-
porated village, or township, to be held by
ballot on the same day as municipal coun-
cillors, or aldermen are elected, as the case
may be. In like manner anv board ofT'"*'"'"^*''

-^ J discontinue use

trustees may discontinue the use of the ballot eieai'dnl^'
in trustee elections on giving notice to the
clerk of the municipality to that effect at the
time hereinbefore mentioned, and thereafter
elections for the purposes of this Act shall
be conducted as provided in section 102.

134

Public Schools Act.

Sec. 103. A formal resolution must be passed by the board of

school trustees, discor.rinuing the u^e of the ballot, notice
of which should be given by the sec.sJtary-treasurer to the
clerk of the municipality.

For forms of notices under this section, see Forms jg
and 40, Appendix A.

Ballot not to be (2). Wherc anv board of trustees require

discontinued or -' ^

tbreSrsafter ^l^ctions to be Held by ballot, and elections
the change. ^^^ ^^ held, no changc shall be made in the

mode of conducting such election for a period
of three years, and should the mode of con-
ducting the elections by ballot be discontinued
at any time, then the provisions of section
102 shall apply for a period of three years at
least after such discontinuance.

See remarks under previous sub-section as to discon-
tinuance of election by ballot. The same form of notice
can be used.

Mode of con- (3). In everv case in which notice is "iven

ducting elec- .

tions by ballot. ^^ aforcsaid requiring the election of Public
School trustees to be held by ballot, such
election shall thereafter be held at the same
time and place, and by the same returning
officer or officers, and conducted in the same
manner as the municipal nominations and
elections of aldermen or councillors are con-
ducted, and the provisions of The Municipal
Act respecting the time for opening and
closing the poll, the mode of voting, corrupt
or improper practices, vacancies, and declara-
tions of office shall mutatis mtdandis apply to
the election of Public School trustees.

The Consolidated Municipal Act provides that the

Election hy Ballot.

135

election shall take place annually on the first Monday in
January (s. 88), The time deserves attention. Where
time is fixed for the holding of an election, it is in general
essential, though many of the details as to the conduct of
elections may be looked upon as only directory. (Pennsyl-
vania District Election^ 2 Par, (Fa.) 526 ; Clarke's Case, lb.
521; Commonwealth v. Commonwealth, 5 Rawle 75;
People V. Brenham, 2 Cal. 477 ; People v. Fairbury, 51 111,
149; Haynes v, Washington County, 19 111, 66; Coles
County V. Allison, 23 111. 437.)

The council of every city, town, and village municipality
appoint by by-law the place for holding the election (s, 90).
The appointment of the place by resolution would be .1
nullity. (Reg- <'.v rel. Allemaing v. /oeger, i P.R. 219.)
And if the election is not held in the place named in the
by-law, it is null. (Reg. ex rel Preston v. Preston, 2 C.L.
Chamb. 278.) Every election must be held in the
municipality to which the same relates (s. 95). It is only
proper that the election for each municipality should, for
the convenience of voters, be held within the limits of that
municipality. Cities, towns, and incorporated villages are
quite distinct from, and independent of, the townships in
which they are situate. It is therefore provided by section 96
that no election of township councillors shall be held within
any city, town, or incorporated village. It therefore follows
that no election of trustees for a township could be held in
such places.

The clerk of tho municipality acts as returning
officer (s. 97). In case of his death or absence, pro-
vision is made for supplying his place (s, 99). A meeting
of the electors takes place on the last Monday in
December, at ten o'clock in the forenoon, or at noon (s. 109),
to receive nominations (s. 107). See Reg. ex rel. Corbett
v. /////, 5 P.R. 47 ; Ex parte Robinson, 3 Pugs. N.B, 389 ;
and Sharpe v, Da7ves, 2 Q.B.I)., cited under s. 107, sub-sec-
tion 1. See also Reg. v, Bradford, 20 L.J.Q.B. 226. The
clerk of the municipality acts as returning officer and
presides at the meeting, or, in case of his absence, the
council may appoint some person to preside in his place ;

Sec. Z03.

136

Public Schools Act.

Sec. 103. and, if neither attend, the electors may choose some person
from among themselves to act as chairman, who shall have
all the powers of a returning officer (s. 108). The council
should provide for the absence of the clerk, if at all
apprehended or expected. Should they fail to do so, the
electors present may choose a chairman. Should the
electors choose one, it is submitted the chairman so chosen
would have a right to conduct the nomination to its
termination, notwithstanding the presence in the meantime
of the clerk, or a person appointed by the council as his
substitute. The electors, under section 108, are not,
apparently, required to wait before making an appointment,
as they are under section 99. The proceedings at the
meeting, if not presided over by the officer or person
assigned, would, in all probability, be held absolutely void.
(In re Hartley and Emily, 25 Q.B. 15 ; Reg. v. Backhouse,
12 L.T.N.S. 579 ; Pickering \. fames, L.R. 8 C.P. 489.)

Where the election is to be made by wards or polling
subdivisions, the council of the municipality may appoint
by by-law the places for holding the nominations in each
ward, the returning officers who shall respectively hold the
nominations for each ward, the polling places, and the
deputy returning officers to preside thereat (s. 97). An
appointment by resolution is not sufficient. (Reg. ex reL
Alkmaing \. Zoeger, i P.R. 219.)

The clerk or other returning officer, whose duty it is to
preside at the nomination meeting, shall give at least six
days' notice of it (s. 115). See Regina e.\ re/. Corbett\.
Jull, supra, section ro2, sub-section 2.

At these meetings the clerk or other returning officer or
chairman shall receive the nominations seriatim ; and if only
one candidate is proposed, the clerk or other returning
officer or chairman shall, after the lapse of one hour from
the time fixed for holding the meeting, declare such
candidate duly elected. But if two or more are proposed
for any particular office, and a poll is required by them
respectively, or by any elector, the clerk or other returning
officer or chairman shall adjourn the meeting till the first
Monday in January next, when a poll or polls shall be

Election by Ballot.

^Z7

opened in each ward or polling subdivision, and shall con-
tinue open 'roil nine a.m. to five p.m. (s. ii6). Where
more persons are proposed and seconded than necessary,
and, after polling commenced, all except the necessary
number retire, it would seem that the returning officer
cannot close the poll, unless under the circun)stances
mentioned in section ii6. ( Rt'};. <'.v n'/. Home v. Clarke,
4 L.J. 114.) The election is commenced when the returning
officer receives the nomination of candidates, and the
disqualification of a candidate has reference to that day.
(Reg. v. Onvaii, 24 (^.IJ. 606 ; Reg. ex re/. Adainsan v.
Boyd, 4 P.R. 204.) It is not necessary to constitute an
election that a poll should be demanded. (Reg. v. Cowan,
supra.) By allowing an hour to elapse between the
nomination and the proceeding to close the election, in case
of no further nominations, the Legislature means to protect
the electors against haste and surprise. (Reg. ex rel. Corbet t
v. Jull., 5 P.R. 48.) L^nless an opportunity is given to the
electors present to express their assent or dissent, there
cannot be said to be an election by acclamation. (Ih.) See
also remarks under s. 102 (4).

As to resignations of persons proposed for office at
nomination meetings, see s. 117.

In case of a poll at an election, the votes shall be given
by ballot (s. 118).

Provisions respecting the furnishing of ballot boxes by
the clerk of the municipality, the construction and preser-
vation of boxes, delivery to deputy-returning officers, etc., is
made by s. 120. The clerk cannot properly act as clerk
and be a candidate for office. (Reg. v. White, L.R. 2 Q.Ii.
557; Reg. V. Ward, L.R. 8 (^.B. 210.) The duties cast
by this section upon the clerk are essential to the success of
voting by ballot, one object of which is to secure secrecy of
voting. So important is the performance of the duties by
the clerk deemed that a penalty of $100 is recoverable in
respect of every ballot box which he fails to furnish (s. 120,
s-s. 5).

The provisions as to the mode of voting, etc., are
contained in sections 142 to 160 of said Act (see

Sec. 103.

138

Public Schools Act.

Sec. 103. Harrison's Municipal Manual, 5th ed., p[). 105 to 119); as
to corrupt 01 "'mproper practices, in sections 209 to 222
(see Harrison's Municipal Manual, 5th ed., pp. 155 to 169);
as to vacancies, in sections 177 to 186 (see Harrison's
Municipal Manual, 5th ed., pp. 129 to 136); as to declara-
tions of office, in sections 161 and 277 (see Harrison's
Municipal Manual, 5th ed., pp. 119, 201, 202).

Form of ballot (4). A Separate set of ballot papers shall be

papers. ^ ' * - *

prepared by the clerk of the municipality for
all the wards or polling subdivisions, con-
taining the names of the candidates nominated
for school trustees, of the same form as those
used for councillors or aldermen except the
substitution of the words "school trustee"
for councillors or aldermen, as the case may
be, on said ballot papers.

supporters not
to vote,

fupport'lrfno?' ^5^- ^^ ^^^ ^^^^ ^^ qualified voters required
by section 102 of this Act to be delivered to
the returning officer by the clerk of the muni-
cipality before the opening of the poll, the
clerk shall place opposite the names of any
persons on the said list who are supporters of
Separate Schools, the letters S. S. S. (signify-
ing supporters of Separate Schools), and the
returning officers shall not deliver to any such
person a ballot paper for Public School
trustees.

This and other similar provisions are made for confining
the elections to those who are supporters of public schools.
As to the powers and method of voting of separate school
supporters, see T/ie Separate Schools Act, R.S.O., 1887,
c. 227, ss. 21, 22, and 23.

Election bv Ballot.

139

^5). In case any objection is made to the Sec. 103.
right of any person to vote at any election of^t.^'sl^red'"^
school trustees the deputy returning officer otlecteH.
shall require the person whose right of voting
is objected to, to make the following oath or
affirmation : —

You swear {or solemnly affirm) that you are the person i.orm of oath,
named, or purporting to lie named, in the list {»r supi)le-
mentary list) of voters now shown to you (s/iinviz/x the list
to voter) :

That you are a ratepayer ;

That you are of the full age of twenty-one years ;

That you are a public school supporter ;

That you have not voted before at this election, either
at this or any other polling place in this ward or in this
municipality (7vhere the inidiicipaUty is not divided i/ito
wards) for school trustee ;

That you have not directly or indirectly received any
reward or gift, nor do you expect to receive any, for the
vote which you tender at this election ;

That you have not received anything, nor has anything
been promised to you directly or indirectly, either to induce
you to vote at this election, or for loss of time, travelling
expenses, hire of team, or any other service connected
with this election ;

And that you have not directly or indirectly paid or
promised anything to any person either to induce him to
vote or refrain from voting at this election : So help you
God.

It has been held that the swearing falsely by a voter,
at an election, that he is the person described in the list
of voters entitled to vote is not perjury. (Thomas v. Piatt
I Q.B. 217.)

The refusal to take the oaths required by the returning

140

Public Schools Act.

Sees. 103,

104.

officer, and the reception of such votes notwithstanding, is
a good ground for setting aside an election if the relator
would otherwise have had a majority. ('^<',^,^ ix rel. Dillon
V. J/rAW7, 5 C.P. 137.)

An agent of a candidate at an election, though not an
elector himself, may object to voters and require the
returning officer to administer the qualification oaths.
f^c.C. ex rcl. Gordanicr v. Perry et al., 3 L.J. 90.)

Full age is twenty-one years, and is completed at any
moment on the day preceding the anniversary of a person's
birth. (Anon., i Salk. 44; loder v. Sansani, 1 Brown P.C.
468.) If, therefore, one is born on the ist of January, he is
of age to do any legal act on the morning of the last day
of December, though he may not have lived twenty-one
years by nearly forty-eight hours. (Tomlin, "Infant," I.)
Upon a question of age of a voter, the written memorandum
of the clergyman who married his parents was held better
evidence than the memory of individuals, unaccompanied
by such memorandum. (-Ri% ex rcl. Fonvard v. Barkis,

7 C.P. 533-)

The oath may be administered by the returning officer
or deputy-returning officer, as the case may be, at the
request of any candidate or his authorized agent (55 Vict.,
c. 42, s. 106.) The returning officer should, on request of
either of the candidates or his agent (whether such agent be
or be not a duly qualified elector), administer the necessary
oaths or affirmations. ('AVl,^ ex rel. Gordanier v. Perry,
3 L.J. 90 ; Reg. v. Spai/lding, Car. & M. 568.)

See as to prosecutions for false oaths, under enactments
corresponding to the above : Reg. v. Dodsworth, 2 Moo. &
R. 72 ; 8 C. & P. 218, where form of indictment is given.
See also Reg. v. Ellis, Car. & M. 564 ; Reg. v. Thompson,
2 Moo. <S: R. 355, as to the evidence.

Vacancy in
ofiice of trustees

104. In case of any vacancy in the office of
trustee of any Public School board arising
from any cause, the remaining trustees shall
forthwith take steps to hold a new election

Complaints as to Elections.

141

in the manner provided by this Act for the ^ecs. 104,
t ■' 105.

annual election of trustees to fill the vacancy
so created and the person thereupon elected
shall hold his seat for the residue of the
term for which his predecessor was elected,
or for which the office is filled.

If the trustee retiring was elected to office under the
provisions of section 102, the provisions of that section must
be apphed in conducting the new election. If, on the
contrary, the former election was by ballot, the new election
must be conducted according to the provisions of section 103.

[<stiKate
complaints.

105. The judge of the County Court, inJ"<i8eoff^"un<y

■^ , ^ •' Court to re-

case any complaint respecting the validity or ?;';y.^,^^j{

mode of conducting the election of any trustee '
of a Public School board in any municipality
within his county, is made to him within
twenty days after such election, shall receive
and investigate such complaint, and shall
thereupon, within a reasonable time, in a
summary manner, hear and determine the
same ; and may by order cause the assess-
ment rolls, collector's rolls, poll books, and
any other records of the election to be brought
before him, and may inquire into the facts on
affidavit or affirmation, or by oral testimony,
and cause such person or persons to appear
before him as he may deem expedient, and
may confirm the said election or set it aside,
or order that some other candidate was duly
elected ; and the Judge may order the person
found by him not to have been elected to be
removed; and incase the Judge determines

14?

Public Schools Act.

®**^*^g'°5. that any other person was duly elected, the
Judge may order him to be admitted; and, in
case the Judge determines that no other
person was duly elected instead of the person
removed, the Judge shall order a new election
to be held, and shall report such decision to
the secretary-treasurer of the Public School
board.

In the case of Foster et al. v. Stokes et <//., 2 O.R. 590,
certain persons were elected school trustees ; but owing to
informalities in the election in not fixing the day for the
nominations and election, the appointing of returning ofificer,
etc., as required by the statutes, protests in writing in respect
of the election were duly served. At a meeting of the
board, however, held subsequently to the election, they were
declared duly elected, but did not make the declaration of
office, nor take their seats. At a subsequent meeting of the
board, the parties so elected acquiesced in the conclusion
of the board to hold a new election, and became candidates
again, and canvassed as such until the twenty days allowed
as above for complaint to be made to the County Judge in
respect of their snid election had elapsed, proceedings having
been dropped in view of the second election. At the second
election they were defeated, and then claimed their seats
under the first election. It was held that they could not
maintain suit to have it declared that they were the duly
elected trustees.

106. (i). The members of every board of
school trustees in townships, cities, towns and
incorporated villages shall hold their first
meeting on the third Wednesday in January,
or if a board of education, then on the first
Wednesday in February, at the hour of seven
o'clock in the afternoon, or at such other hour
on the same day as may have been fixed by

First meeting
of board.

Meeting of Hoard.

143

resolution of the former l)oard, at the usual Sec. 106,
place of meeting; of such hoard.

As to what constitutes a Ijoard of education, see section
S. The resokition changing the hour of meeting must have
been passed at a regular meeting of the board retiring from
office. This can be done at any time during their year of
office, and only affects the meeting for organization. Sub-
sequent meetings of the board are generally regulated by
the by-laws of the respective boards.

(2). At the first meetirif^ in each year of^r'su^*^ting.
every Public School board, the secretary of the
board shall preside at the election of chair-
man, or, if there be no secretary, the members
present shall appoint one of themselves to
preside at such election, and the member so
appointed to preside may vote as a member.

Though not specifically mentioned in this section, it is
clear, from a coniparision with section 33, that the first duty
of the board is the election of the chairman.

»!

(3). In case of an equality of votes at the^*^''"^^°'*'
election of chairman, the member who is
assessed as a ratepayer for the largest sum on
the last revised assessment roll shall have a
second or casting vote in addition to his vote
as a member.

In order to comply with the provisions of this section,
the secretary of the board must obtain from the proper
municipal officer the necessary information as to the
properties, rated on the last revised assessment roll, of each
of the members composing the board. This has been
found, in large cities, to be a matter difficult of ascer-
tainment.

X44

Public Schools Act.

hi:
III

Sec^o6. ^-^^ [p, ^\^^^. absence of the chairman any per-
ofTo'ard*°"'°^' son appointed to act as chairman by tiie
majority of those present shall preside, and
the chairman or person so actin«jj may vote
with the other members on all (juestions, and
any (juestion on which there is an e(|uality of
votes shall be deemed to be negatived.

yiioruin of
school boards,
etc,

(5), A majority of the members of the board,
when present at any meetin«jj, shall constitute
a quorum, and the vote of the majority of such
quorum shall be necessary to bind the corpora-
tion.

This follows the usual provisions adopted in the case of
municipal corporations. (See section 234 of T/ie Con-
solidated Municipal Act, 55 Vict., c 42.)

Assuniin<^ the whole number of members of the board
to be twelve, there must be seven present to constitute a
quorum. (Rc:^. ex. rcl. Evans v. Starnitt, 7 C.P. 487.)
So that an election by six in such a case, though unanimous,
would be void. (Lockwood v. Mechanics' National Bank,
II Am. 253.) Acts done with less than a legal quorum
are generally void. ( Rc\ v. Jnilrini^er, 4 T.R. 810 ; Rex
\. Miller, 6 T.R. 268 ; Re^:;. ex re I. Evans v. Starratt,
7 C.P. 487.) See also Price v. R.]\'. Company, 13 Ind.
58 ; Fer^:;uson v. Crittenden, i ling. (Ark.) 479 ; Logansport
V. Legg, 20 Ind, 315 ; McCracken v. San Francisco, 16 Cal.
591 ; Pie mental v. San Francisco, 21 Cal. 351. In one
case, however, the Court, in the exercise of its discretion,
refused to quash a by-law upon proof that a quorum was
not present at the time of its passing. (Sutherland v. East
Missouri, 10 Q.B. 626.) The Court will presume, until
the contrary be clearly shown, that there was a quorum
present at the doing of a corporate act. (Citizens' Mutual
Fire Ins. Co. v. Sortwell, 8 Allen (Mass.) 217.)

1
i

DUTIhS OF TULSTIiliS.

nUTlKS OF TKI;sTKF:S. Sec^07.

.!«%.■ ..... . . - . . < -Duties of board.

107. It sliall he tlio duty of thu Inmrd of
trustees of cities, towns and incorporated
villa;.;es, and they shall have power —

(i). To appoint a secretary and treasurer or Api'";n""en« of

\ ' II J aecreiary and

secretary-treasurer, and one or more collectors, '°"'''"''
if requisite, of such school fees or rate hills as
the board may have authority to charj^e, and
such other ofiicers and servants of the board
as they may deem expedient.

See remarks under section 33 as regards secretary-
treasurers ; and remarks under section 5 1 as regards
collectors.

(2). To ti.x the times and places of the board J°j;^|;j,«^'-;'^"«*
meetings, the mode of calling and conducting
them, and of keeping a full and correct
account of the proceedings of such meetings.

This is exclusive of the time fixed for the first meeting,
as provided by section 106. Compare section 40 (i i), and
see remarks thereunder.

(3). To provide adeciuate accommodation for to provide ade-

\^i I I <|uate accotn-

all the children between the ages of five and '"°'^*"°"
sixteen years, resident in the municipality, as
ascertained by the census taken by the muni-
cipal council for the next preceding year ;
providecJ always, such residents are not to
include the children of persons on whose behalf
a Separate School or schools have been estab-
lished under the provisions of The Separate
Schools Act.

See section 40(3), and remarks thereunder.

146

Public Schools Act.

1i;,;;

il!l!

Sec^oy, ^^^^_ 'Yo purchase or rent school sites or
^hooTpremises, premises, and to build, repair, furnish, and
pme'books keep in order the schoolhouses and appenda<j;es,

and library. ^ i i r^ ^

and to keep the well, closets and premises
generally in a proper sanitary condition, lands,
enclosures, and movable property, and procure
• registers in the prescribed form, suitable maps,
apparatus, and prize books, and, if they deem
it expedient, establish and maintain school
libraries.

Where one school trustee, by desire of the hoard of
school trustees, bought for the board a piece of property
for a school site, and signed the contract with his own
name only, and the board subsequently on several occasions
by resolution recognized the purchase as their own, ^id
paid three instalments of the purchase money, but the
purchase was repudiated by a new board, the person in
whose name the purchase was made was held to be
entitled to be indemnified by the new board in respect of
the remainder of the purchase money. (Smith v. The
School J'rustecs of Belleville^ 16 Chy. 130.)

Compare sections 40 (2) and 40 (fi), and see remarks
thereunder.

The scope of the sanitary duties of the trustees seems
to be confined simply to the sanitary arrangements in and
about the scliool buildings and premises.

The health of the children is a matter coming within
the purview of The Pu!>lic Health Act, and the teacher,
under section 131(11), is bound to notify the local board
of health direct when he has reason to believe that any
pupil attending the -hool is suffering from br e: posed
to any contagious disease. The Pithlic Health Act, R.S.O.,
1887, c. 205, s. 94, enacts as follows ;

"(i) Whoiiever a case of smallpox, cholera, scarlatina,
diphtheria, whooping cough, measles, mumps, glanders, or
other contagious disease, exists in any house or household
belonging to which arc persons attending school, the house-

Duties of Trustees.

147

holder shall, within eighteen hours of the time such disease Sec. 107.
is known to exist, notify the head teacher of such school
or schools, and also the secretary of the local board of
health, of the existence of such disease ; and no member
of such household shall attend school until a certificate
has been obtained from the medical health otificer, or
legally qualified medical practitioner, that infection no
longer exists in the house, and that the sick person, house,
clothing, and other effects, have been disinfected to his
satisfaction ; and until such certificate shall have been
obtained, it shall be the duty of every member of the
household, and of the teacher, to use all reasonable efforts
to prevent the association of members of the said house-
hold with other children.

'(2) Whenever the local board of health or any of its
officers or members know of the existence in any house of
smallpox, cholera, scarlatina, diphtheria, whooping cough,
measles, mumps, glanders, or other contagious disease, they
shall at once notify the head or other master of the school or
schools at which any member of the household is in
attendance ; and should it not be evident that said mem-
ber has not been exposed to said diseases, or any of them,
the teacher must forthwith prevent such further attendance
until the several mem'oers present a certificate stating that
infection no longer exists, as provided in the preceding
sub-section.

"(3) Whenever a teacher in any schco' has reason to sus-
pect that any pu[)il has, or that there exists in the home of any
pupil, any of the above-mentioned diseases, he shall be
required to notify the medical health officer, or, where none
such exists, the local board of health, on forms supplied
by the school authorities, in order that evidence may l)c
had of the truthfulness of the report; and he shall further
be required to prevent the attendance of said pu{)il or
pupils until medical Lvidencc of the falsity of the report
has been obtained.''

But by virtue of section 16 of The Act respecting
Vaccination and Inoculation, R.S.O., 1887, c. 206.
" it shall be lawful for the trustees of any public.

148

Public Schools Act.

Sec. 107. separate, or high school to provide that no cliildren shall
be permitted to attend any school without producing a
certificate of successful vaccination when demanded of him
or her by the teacher."

Tc determine
nmnber of
schools, etc.

!!::;;:

h::-'

Kindergarten
schools.

Dismissal of

refractorr

pupils.

(5). To determine the number, <^rade and
description of schools (such as central, ward,
or niojht schools) to be established and main-
tained ; the teachers to be emj")loyed ; the
terms on which they are to be employed, and
the amount of their remuneration ; and to
provide, as they may deem expedient, for
children between four and seven years of apje,
kindergarten schools.

The board is authorized under this clause to " deter-
mine the number, grade, and description of schools," etc.,
namely : —

(i) A central school for boys, ) , , , ,

' , , , ^ . , ; or both combined ;

(2) A central school for girls, )

(3) A primary school in each ward for boys and girls,
or infants ;

(4) Intermediate schools in convenient localities for boys
and girls ;

(5) Kindergarten schools ; and,

(6) Night schools.

As to night schools, see section 1 1 cf the Departmental
Regulations. Also section 3 (3) of T/ie Education Depart-
ment Act, i8gi.

The school tiusices under this section have unlimited
discretion as to the nu.nber of schools to be kept up,
and are not subjected to the restrictions in this respect
imposed upon the school trustees in townships, (School
Trustees of Brockville v. Town Council of Brockville,
9 QB. 302.)

(6). To dismiss from the school any pupil
who shall be adjudjjjed so refractory by a

f
I

DrriKs OF Trustees.

149

majority of the trustees and the teacher that Sec.107.
his presence in school is deemed injurious to
the other pupils, and, where practicable, to
remove such pupil to an industrial school.

See remarks under section 40 (5).

(7). To collect, at their discretion, from the^Ji'/^^^f//;/"
parents or guardians of the pupils attendint^^lorbJ'oltTA'tl.
any Public School under their char<;e, a sum
not exccedin»jj twenty cents ])er month, per
pupil, to defray the cost of text-books, sta-
tionery and other school supplies ; or, at their
discretion, to purchase for the use of pupils
attendinj^ such schools text-books, stationer)
and other school supplies at the expense of
the corporation.

The lauer part of this section is the authority for the
introduction of free text-books, the system now adopted in
the City of Toronto.

(8). To appoint of their number, and under J„°,fPf°;^'4
such regulations as they thnik proper, a com- ""''' "'''''°'
mittee for the special oversight and manage-
ment of the schools under their charge, and
to see that all such schools are conducted
according to the regulations of the Education
Department.

As to proper conduct of schools, see Departmental
Regulations, sections 4, 5, and 6. If the trustees fail to
perform their duty in this respect, their school will not be
entitled to share in the school fund applicable to them.

(9). To constitute at their discretion one i^°t''ich!.'r°s°'*

150

Public Schools Act.

Sec. 107. Qj- more of the Public Schools to be a Model
school for the training of teachers.

As to City and County Model Schools, see Depart-
mental Regulations, sections 46 to 51 ; as to Provincial
Model Schools, see Departmental Regulations, section 62.

ilii:
ill

To lay before
council esiimatc
for moneys.

(10). To submit to the municipal council,
on or before the first day of August, or at
such time as may be required by the muni-
cipal council, an estimate of the expenses of
the schools under their charge for the current
year.

See remarks under section 40 (8).

Public school boards should prepore from time to time,
and lay h fore their municipal council, an estimate of the
sut.-!s which they think necessary for paying the whole or
pan of the salaries of the teachers ; for purchasing or
renting school sites or premises ; for building, erecting,
enlarging, repairing, warming, furnishing, and keeping in
order the schoolhouses and their ippendages and grounds ;
for purchasing or building tea'"h'~is' residences; for pro-
curing suitable apparatus and text-books for the schools ;
for the establishment and maintenance of free public school
libraries ; and for all necessary expenses of the schools
under their charge.

It would appear from the wording of this Act (see
section no) that where it is intended that the estimates,
so sent in for the purposes above mentioned, are to be
raised out of the general rate struck for the year, the
municipal council has no option but to raise the amount
so required ; but should the trustees apply to the council
for the issue of debentures for the purchase of a school
site or sites, the erection of a schoolhoust: or houses, or
any addition thereto, or for the purchase or erection of a
teacher's residence, being a part of their estimates so sent
in, the provisions of section 115(1) as regards boards of
rural school trusu es, and section 116(1) and (2) as regards

be a Model

•

s, see Depart-
to Provincial
IS, section 62.

)al council,
^ust, or at
■ the muni-
expenses of
the current

1 time to time,
:stimate of the

the whole or
purchasing or
ling, erecting,
id keeping in

and grounds ;
ices ; for pro-
' the schools ;

public school
f the schools

this Act (see
the estimates,
ed, are to be
the year, the
e the amount
a the council

2 of a school
or houses, or
erection of a
nates so sent
ds boards of
(2) as regards

DuTiiiS OF Trustees.

151

township boards of trustees, or the trustees of any city. Sec. 107.
town, or incorporated village, will apply to such part of the
estimates. For form of requisition on municipal council,
see Form /j, Appendix A.

(ii). To submit all accounts, books, and Jcwums'to
vouchers to be audited by the municipal*" "°"'
auditors, and it shall be the duty of such
auditors to audit the same.

See section 37 (2), and remarks thereunder; also section
59 (2), and remarks thereunder.

Negligence of the auditors in examining and reporting
upon accounts will not, under ordinary circumstances,
relieve ihose indebted to the corporation from the payment
of their liabilities, (/ft re Eldon and Ferguson, 6 L.J. 207.)
" It seems to me to be a monstrous proposition, that an
officer of the corporation may wilfully or even negligently
omit to enter the receipt of moneys ; and because the
auditors have not been able to discover the omission, and
the corjjoration approves of the report, that when the
omissions are discovered the officer may set uf) the audit
to cover his own fraud or neglect." ( //> .20(),pcr Richards,
J.) \ surety for the due performance of a treasurer's
duties is not relieved from liability by the negligence of
the auditors in proving the treasurer's accounts. ( Frottknac
V. /iredcn, 17 Chy. 645.) The fact of the treasurer having
become reduced in his circumstances after the auditing and
passing of his accounts, and before the discovery of an error
in them, is no bar to an action against the surety. (I/>.)

(12). To puSlish at the end of every year, to. publish

^ » -J J ' auditors

in one or more of the public newspapers, or"^'''""-

otherwise, the annual report of the auditors,

and to prepare and transmit before the 15th

of January, the annual report of the school Anmiai report

J -^ ' ' to Minuter.

to the Education Department.

.See sub-sections 12 and 13 of section 40, and remarks
thereunder.

J^4«^

152

Public Schools Act.

Sees. 107,
108.

Public school boards are required to report annually to
the Minister of Education according to a form provided by
him (see Form 41, Appendix A) ; and to their constituents
through the medium of the public newspapers or otherwise.
They are not required to report at the annual meeting of
their constituents, but only in the public newspapers, in a
pamphlet, or on a printed sheet, as may be deemed most
satisfactory and convenient.

Hill"

liii::

Custody and
disposal of

(13). To take possession and have the
schboiproper.y.^yg^p^y and safc keeping of all Public School

property which has been acquired or given for
Public School purposes in the section, in-
cluding movable property, moneys or income
given or acquired at any time for Public
School purposes, and to hold or apply the
same according to the terms on which the
same were acquired or received ; and to dis-
pose, by sale or otherwise, of any school site
or school property not recjuired by them in
consetjuence of a change of school site, or
other cause ; to convey the same under their
corporate seal, and to apply the proceeds
thereof to their lawful school purposes, or as
directed '>v this Act.

See remarks under section 40 (1).

108. Every Public School l^fcard in a city,
town or incorporated village, shall have power
to take and acquire land for a school site or
for enlarging school premises already held.
In the event of any dispute between the
wner of the land selected and the trustees,
with regard to the price of such land, sections
67 to 72 of this Act shall appl\.

■ol sites.

DuTiHs OF Trustees.

153

Besides the duties above enumerated, there are certain Sec. io3.
other duties cast upon the trustees of public schools in
cities, towns, and incorporated villages by virtue of certain
other enactments of the Legislature of this Province.

They are required, under The Free Libraries Act^ toDmieiof

, , , , , trustees under

appomt three persons to the board havmg the manage- The Free
ment, regulation, and control of the free library of the city,
town, or incorporated village over which their board has
jurisdiction. (R.S.O., 1887, c. 189, s. 3, s-s. i.) They can-
not, however, appoint one of their own body to be a member
of such l)oard of management. (Ih.^ s-s. 2.) Of the persons
so appointed, one shall retire annually, but he may be
reappointed. (lb., s-s. 2.) One member of such board
holds office until the ist February following his appoint-
ment ; one until the ist February in the following year;
and one until the same day in the year next thereafter.
(lb., s-s. 4.) In case of a vacancy occurring by the death
* or resignation of a member, or from any cause other than
the expiration of the time for which he can hold office as
above, the member appointed to fill such vacancy only
holds office for the remainder of the term of the member
causing the vacancy. (lb., s-s. 5.) Subject as above, each of
the members appointed by the trustees shall hold office
for three years from the ist February of the year in
which he was appointed. {lb., s-s. 6.) The first appoint-
ments are made at the first meeting of the public school
board after the final passing of the by-law establishing the
free library ; and the annual appointments thereafter to be
made are to be made at the first meeting of the school
board after the ist January in every year (lb., s-s. 7.)
Appointments to fill a vacancy are to be made at the first
meeting of the board after such vacancy occurs. (lb.) If
the appointments are not made at the dates fixed for
making the same, they are to be made as soon as may be
thereafter. (lb.)

Under The High Sc'k'o/s Aef, 1801, the trustees are also Unties of

, •' ,, trustees under

required to appoint annually one trustee to the board of The nigh

,,.,,,. .... , Schools .Vet.

the high school situated in the city, town, or incorporated
village over which their jurisdiction extends ; but this

?.r

154

Public Schools Act.

c:
r:
i:::

Sec. io8. provision does not apply to boards of education. The
trustee so appointed holds office for one year. (54 Vict.,
c. 57, s. II, s-s. 6.)
Duties of Under T/ie Industrial Schools Act, the public school

trustees under ■ , ^

The Industrial ooard of trustccs for any city or town have |)ower to

Schools Act. , ,. , . , . , , , , . , ,

establish an industrial school, and provide the necessary
building or buildings, either by purchase, lease, or otherwise,
and provide the other requisites for such schools. They
must cause notice thereof to be made or given to the city
inspector of public schools, who must make an examina-
tion of the school buildings so provided, and of their fitness
for the reception of children, and inquire as to the other
requisites provided, and into the means adopted for carrying
on the school, and report thereon to the Minister of Educa-
tion. If the Minister of Education is satisfied with the
inspector's report, he may certify in writing that the school
is a fit and proper one for the reception of children to be
sent there, and such school shall then be deemed a certified
industrial school. (R.S.O., 1887, c. 234, s. 3.) The
board of school trustees may, however, delegate the powers,
rights, and privileges conferred upon them by the above Act
respecting the establishment, control, and management of
an industrial school to any philanthropic society or societies
incorporated under The Act respecting Benevolent, Provident,
and other Societies, R.S.O., 1887, c. 172, or under any other
Act in force in the Province of Ontario ; bat the chairman
and secretary of the board of public school trustees in the
city or town in which the industrial school is situated, or
under whose control it is placed, and the public school
inspector of such city or town, are to be members of the
board of management of the society when acting under
powers delegated by the board of public school trustees.
(Il>., s. 5, s-s. I.) The trustees of the public school board
must also provide the teachers necessary for the industrial
school, and shall, when practicable, choose the general
superintendent of the school from the teachers appointed
by them. (Il>., s. 6.) The school trustees may also admit
to the industrial schools established by them all children
apparently under the age of fourteen yars who are com-

Duties of Trustees.

mittcd to the scliool by a Judge or magistrate ; and they have
power to place such children at such employments and cause
them to be instructed in such branches of useful knowledge
asaresuitableto their years and capacities. (//>.,h.io.) The
trustees may also allow a child sent to their industrial
school to live at the dwelling of any trustworthy and
respectable person, but in every instance in which this is
done a report thereof must be at once made to the
Minister of Education, to his satisfaction. (//'., s. 13.)
This permission to reside out of school may be revoked at
any time by the trustees, and the child to whom the per-
mission relates must return to the school. (//>., s. 14.) The
school trustees may also, at any time during the period of
detention of a child in an industrial school, exercise all the
powers conferred by sections 2 and 6 of TAe Act respecting
Apprentices and Minors^ R.S.O., 1S87, chapter 142, upon
the charitable societies therein mentioned. (I/>., s. 20.)
.Section 2 above mentioned declares that "any parent,
guardian, or any other person having the care or charge
of a minor, or any charitable society authorized by the
Lieutcnant-Ciovernor to e.xercise the powers conferred by
this Act, and having the care or charge of a minor, may,
with the minor's consent, if the minor is a male not
under the age fourteen years, or is a female not under the
age of twelve years, and without such consent if he or
she is under such age, constitute, by indenture, to be the
guardian of the child, any respectable, trustworthy person
who is willing to assume, and by indenture or other
instrument, in writing, does assume, the duty of a parent
towards the child, but the parent shall remain liable for
the performance of any duty imposed by law in case the
guardian fails in the performance thereof." And said
section 6 declares that " a parent, guardian, or any char-
ital)le society being authorized by the Lieutenant-Ciovernor
in Council to exercise the powers conferred by this Act,
and having the care or charge of a minor, the minor being
a male and not under the age of fourteen years, may, with
the consent of the minor, put and bind him as an appren-
tice by indenture to any respectable and trustworthy

Sec. io3.

J56

Public Schools Act.

«!.■:■■

Sec. io8. master nicdianic, farmer, or other person carrying on a
trade or calling, for a term not to exceed beyond tlie
minority of the a[)j)rentice ; or, in caae of a female not
under the age of twelve years, may, with her consent,
bind the minor to any respectable and trustworthy persoti
carrying on any trade or calling, or to domestic service
with any respectal)le and trustworthy person, for any term
not to extend beyond the age of eighteen years." The
school trustees may also, from time to time, make rules for
the management and discipline of the imlustrial school,
which rules must be consistent with the provisions of
IVie hiduslrial Schools Ac(, and must be approved by the
Education Department, and, when approved, must only be
altered with the approval of the Department. (//>., s. 21.)
The school trustees, or their agent, also have power at
any time during the detention of a child at their indus-
trial school to issue a summons (for form of which, see
Form 42, Appendix A) against the parent, step-parent,
or guardian of the child ni the Division Court of the
division in which such parent, step parent, or guardian
resides, which is to be served according to the practice
of the Division Court, and may examine the parent as to
his ability to maintain the child before the Judge of such
Division Court, who may, if he thinks fit, make an order
on such parent, step-parent, or guardian for the payment
of a weekly sum, not exceeding $1.50 per week, to the
school trustees, during the whole or any part of the
period of the child's detention in the school. (lb., s. 22.)
This order has the same effect as a judgment in the
Division Court. (lb.) The order may be varied from
time to time by the Judge, as circumstances require, on the
application of either the school trustees or the person on
whom the order is made, fourteen days' notice of the
application being first given to the other party. (lb.,
s. 23.) And when a child has been sent by a Judge or
magistrate to an industrial school, who has not resided in
the city or town in which such school is situated, or to
which it is attached, for a period of one year, but has
resided in some other county, city, or separated town, the

DUTll'.S Ol Tkl'stkks.

157

school trustees may recover from the corporation of such Sec. to3.

coimly, city, or separated town, the expense of maintaining

the child. ( Il>., s. 25, s-s. i.) If the child has resided

for one year in the city in which the school is situated, or

to which it is attached, but has since such residence

resided in some other municipality for one year, the school

trustees may recover the ex|)ense of maintenance for one

year from the corporation of the county, city, or separated

town in which the child last resided. ( Ih., s. 25, s-s. 2.)

And when the child has resided for one year, previous to

its admission to the school, in the city or town in which

such school is situated, or to which it is attached, such

city or town must pay at least $2.00 per week towards

the cost of maintaining such child, if its maintenance

is not otherwise ])rovided for ; and such city or town

can recover from the child's parents, if able to pay it, the

amount so paid by them. ( Il>., s. 25, s-s. 3; 51 Vict.,

c. 39, s. I.) 'I"he trustees, on receiving satisfactory evidence

tliat the parents of any child m the school are in every

respect fit and proper persons to have the custody,

control, and training of such child, can dischaige said

child to the parents. (R.S.O., 1887, c. 234, s 29.) 'I'hey

can also do so where, the child's parents being dead, some

person comes forward and offers to make suitable provision

for the care, nurture, and education of such child, giving

satisfactory security for the performance of the obligations

such person takes upon himself. ( Il>.)

The duties of school trustees under The Act resfurlim: '~''"''^*' °f ^

•' -^ trustees under

Vaccination and Inoculatiim, R.S.O., 1887, chapter 206, t'"= ^accina-

" ' ' tioii Act.

have already been referred to under subsection 4 of section
107 of the principal Act ; ante [). 147.

And public school trustees may also borrow money I'oweis of

■' trustees under

from nmnicipal corporations for school i)urposes under '"''KConsoii

' ' dated Miinici-

Tlie Consolidated Municipal Act, 55 Vict., c. 42, section pal Act.
379 of which provides that "any municipal corporation
having surplus moneys set ai)art for educational purposes
may, by by-law, invest the same in a loan or loans to any
board of school trustees within the limits of the munici-
pality for such term or terms, and at such rate or rates of

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

2.0

1.8

1.25 1.4

1.6

< 6" -

►

Hiotographic

Sdences

Corporation

33 WEST MAIN STREET

WEBSTER, N.Y. MS80

(716) 872-4503

158

Public Schools Act.

Sees. io8,
109.

interest, as may be agreed upon by and between the parties
to such loan or loans respectively, and may be set forth in
such by-law; or may, by by-law, grant any portion of such
moneys, or other general funds, by way of gift to aid poor
school sections within the municipality." It will be noticed
that the first part of the section only applies to municipal
corporations " having surplus moneys set apart for
educational purposes " ; while the latter part contains no
such restrictions. The grant may be out of the moneys
mentioned ir the first part of the section, or out of '* other
general funds."

Township
council to lev
sums require<
for school
purposes.

SCHOOL ASSESSMENT.

109. (1). 1 municipal council of every
township sh " l^vy and collect by assessment,
upon the taxable property of the Public School
supporters of the whole township, in the
manner provided by this Act, and by the
municipal and assessment Acts, the sum of
$100 at least for every Public School therein
in which a Public School has been kept open
the whole year exclusive of vacations. Where
the Public School has been kept open for six
months or over, a proportionate amount of
the said sum of $100 at least shall be levied
and collected by assessment upon the taxable
property of the whole township. An additional
sum of $50 at least shall be levied and col-
lected in a similar manner for every assistant
teacher engaged for the whole year, and
a proportionate amount if such assistant
teacher is engaged for six months or over.

In townships, cities, towns, and incorporated villages,^
the assessment is made by the regular municipal assessors ;

School Assessment.

159

in cities, towns, and incorporated villages, for an amount
sufficient to cover the estimates sent in by the school
boards of the same respectively (s. 107, s-s. 10); in town-
ships, in the manner provided by the above section. In
unorganized townships a duly qualified person is appointed
by the trustees of all the sections in such township to make
out the assessment roll for the township (s. 45). An
appeal lies against the certified assessment roll to the
Stipendiary Magistrate or Judge of the district or county
(s. 49). In the other cases the assessors are the municipal
assessors, and the procedure, in case of appeal, is regulated
by The Consolidated Assessment Act.

The above section regulates the minimum sum which is
to be raised by assessment in every township. The muni-
cipality may be required by the trustees to raise further
sums. (See sub-section 3 of this section.)

(2). In the case of union school sections the
municipal council of each municipality of
which the union school section is composed
shall levy and collect upon the taxable prop-
erty of the respective municipalities the said
sum in the proportion fixed by the equaliza-
tion provided under section 95 of this AcL

(3). The municipal council of the township
shall collect from the taxable property in each
section such other sums as may be required
by the trustees thereof for school purposes.

See remarks and cases under section 40 (8) and section
107 (10). See also, as to equalization of school assessments,
sections 95 and 96 ; and as to the provisions in regard to
land situated in two or more school sections, section 12 (2).

The meaning of this section is explained by section 2
of 55 Victoria, chapter 60, as follows : "To remove doubts,
section 1 09 of The Public Schools Act, iSgr, shall be con-
strued to mean that union school sections composed of

Sec. log.

i6o

Public Schools Act.

Sees. log, part of a township, and any incorporated village or town,
' ' shall not be included within the provisions of said
section 109."

I'!'>V

M' ■ ■

City, town or
village council
to levy sums
required for
school pur-
poses.

110. The municipal council of every city,
town and incorporated village shall levy and
collect upon the taxable property of the
municipality, in the manner provided in this
Act, and in the municipal and assessment
Acts, such sums as may be required by the
Public School trustees for school purposes,
subject to sections 116 and 117 of this Act.

Section 116 provides (i) for the submission of the
question to the vote of the electors where the municipal
council refuses to raise or borrow the sum required ; or (2)
that the council may pass a by-law for the purpose of
raising or bo rjwing money on the requisition of the public
school board for any of the purposes named in section
115; and section 1 1 7 provides for the form and term of
the debenture.

Under the Acts relating to public schools, trustees may
at any time require their municipal council to impose and
levy a rate for school purposes ; they are not bound to
wait until a copy of the revised assessment roll for the
particular year has been transmitted to the clerk of the
municipality, but may and can use the existing revised
assessment roll. ( Chief Superintendent of Education^ In re
Hoggs. Rogers, 15 C.P. 417)

For form of requisition on municipal council for school
moneys, see Form /j. Appendix A.

Clerk to give
copy of assess-
ment to
inspector.

111. (i). The clerk of every municipality
shall upon request, furnish the Public School
inspector with a statement of the assessed
value of each school section as shown by the
revised assessment roll for that year. Such

School Assessment.

i6i

clerk shall be entitled to reasonable payment s*"- "'
from the council for the above mentioned
services.

The trustees are also entitled to see the original assess-
ment roll, and, where the clerk of the township refuses to
produce it for their inspection, he can be compelled to do
so by mandamus. (In re Trustees of Union School Sections
JVos. II Otonal>ee, lo Douro, and ii Asphodel v. Casement,
17 Q.B. 275.)

(2). The clerk of every municipality shall, iJXSVd to
at the request of any board of trustees, furnish '"'*''"'>' «='*"^'^-
the board with a statement showing the several
parcels or lots of land composing the school
section for which they are trustees, the assess-
ment of such parcel or lot and the amount of
taxes entered on the collector's roll against
each parcel of such lands. The cost of pre-
paring such statement shall be paid by the
board of trustees applyi.ig for the same.

If the township clerk neglects to perform the duties
prescribed in the foregoing section for a period of one
month, he is liable to a penalty of $10.00 (s. 186).

112. The council of every municipality ^f*'»''/^^|™*"'
m,ay, in addition to any demand made by
requisition of the public school trustees, raise
by assessment such other sums as it may
deem expedient for the establishment and
maintenance of a Public School library, or
for aiding new or weak schools within such
municipality, or for the support of Model
schools, or for supplementing teachers' sal-
aries.

It does not seem necessary under this section for the

162

Public Schools Act.

Sees. 112, trustees to requisition the council to raise sums for the
above purposes ; but the council have the power to raise
such sums over and above the amount of the estimates
furnished by the trustees.

c:;::

......

c:;;

fatlng"ofsep-"* 113. THc clcrk of cvcry municipality in
sippoMerT which any Separate School section or part of
a section is situate, shall, not later than the
first day of December in each year, make out
and transmit to the county school inspector
a list of the supporters of Separate Schools
against whom any county rate for Public
School purposes has been erroneously placed
upon the collector's roll showing the amount
so rated against each and the total a lount so
Separate school rated. The couttty inspector shall, before

amounts to be . , ■' ■•^

deducted. issuing his order for the payment of the county
grant to the Public School sections, deduct
therefrom the amount so certified to him by
the clerk of such municipality, and shall give
the trustees of the Separate School section an
order on the township treasurer for the amount
thereof, and it shall be the duty of such
treasurer to pay over the same.

As to the payment of the county grant, see sections 122
and 1 23, and remarks thereunder.

If the 1 3wnship clerk makes default in the performance
of above duty for one month, a penalty not exceeding $10.00
may be inflicted upon him (s. 186).

Clerk totrans- 114, It shall bc the duty of every county

init minuttsof '' •' •'

Mrnister*'""'' clcrk to fumish the Mmister of Education
with a copy of the minutes of the council
relating to school assessments and other

School Debentures.

163

Sees. 114,
1X5-

educational matters and to transmit to ihe
Minister, on or before the first day of March
in each year, a certified copy in the form
provided, of the abstract of the report of the
auditors for the precedinj^ year.

SCHOOL DEBENTURES.

115. (i). On the application of any board Township

* * •' school ilel

of ruial school trustees for the issue of deben- ""^^'•
tures for the purchase of a school site or sites,
for the erection of a schoolhouse or school-
houses, or any addition thereto, or for the
purchase or erection of a teacher's residence,
the municipal council of the township shall
pass a by-law for the said purpose, and shall
forthwith issue a debenture or debentures to
be repayable out of the taxable property of
the school section conceined, and subject to
the limitations contained in this Act, provided Pf°v'*°
always the proposal for such loan has been
submitted by the trustees to and sanctioned
at a special meeting of the ratepayers of the
section, called for the purpose.

The Consolidated Municipal Act, 55 Vict., c. 42, s. 340
(3), provides that any by-law passed for contracting debts
by borrowing money or otherwise, and for levying rates for
the payment of such debts, " shall settle a specific sum, to
be raised annually, for the payment of interest during the
currency of the debentures ; also a specific sum for the
payment of the debt ; such sum to be such as will be
sufficient, with the estimated interest on the investments
thereof, to discharge the debt when payable."

The by-law is to settle a specific sum to be raised
annually ; it is not to leave it to a municipal officer to he

ben-

164

Public Schools Act.

fit

Sec. 115. computed. (Canada Co. v. MiddUiex, 10 Q.B. 93.)
This section of the Municipal Act is applicable to by-laws
granting to trustees of school sections authority to
issue debentures for the erection of a schoolhouse. (In re
Mclntyre and Eiderslie, 27 C.P. 58.) It is provided by
section 342 of The Consolidated Municipal Act that the
council may, in its discretion, make the principal of the
debt payable by annual instalments. It has been held that
municipal corporations cannot raise money at a rate of
interest exceeding six per cent. ( IVilson and the Munici-
pal Council of Elgin, 13 Q.B. 218.) But see now North
Gwillimhury v. Moore, 15 C.P. 445 ; In re Nichol and
Alnwick, 41 Q.B. 577 ; Scottish American Investment Co.
V. Elora, 6 A.R. 628. The sinking fund for the payment
of debentures is a debt, and a corporation can be compelled
by mandamus to levy the rate. (Clarke v. Palmer ston,
6 O.R. 616.)

It does not appear to be necessaiy that the bylaw
should set forth the estimates on which it is founded. The
Court will intend that proper estimates have been made, in
the absence of evidence that they are wanting. If the rate
is demonstrated to be insufficient, the by-law may be
quashed. The corporation has no power by resolution to
appropriate money from the investment of the sinking fund
to any other purpose. (Re Barber and Ottawa, 39 Q.B.
406.) As to what is a sufficient submission by the trustees
to the ratepayers, see In re McCormick and the Township
of Colchester South, 46 Q.B. 65.

By-laws substituting a diflferent system for the support
of public schools from that laid down by the School Acts
are bad, as are also by-laws carrying out such a system.
(In re Dunlop and the Corporation of the Township of
Douro, 18 Q.B. 227.)

The school meeting has the right to object to a loan by
the trustees, or to a levy of a rate by the township council,
for the purposes mentioned in above section. In other
words, it has full power to discuss with the trustees and
decide with them upon the expediency of the proposed
outlay, its amount, or any particular item in the estimate.

-<- .IE;

J!!!

School Dkijkntukks.

165

The final result of the discussion at the meeting should he Sec. 115.
embodied in formal resolutions for the guidance of the
trustees, and on which they can, if the outlay he approved,
base their estimate and recjuisition to the township council.

(2). All applications for a loan, for the pur- fj^p'^^^^

Hiions for
be made

to and deben-

poses herein mentioned, shall be made by the mres is^m-d by
trustees of a union school section to the"
council of the municipality within which the
schoolhouse or site of such union section is
situated, and all debentures for the payment
of such loan shall be issued by such munici-
pality. Any other municipality or munici-
palities forming part of the union school
section shall pay, on the requisition of the
clerk of the municipality, by which the
debentures were issued, as they come due,
its or their share of the loan, including interest,
so made according to its or their liability for
school purposes, as determined by section 95
of this Act.

(3). Where application is made by a union
section composed of a town or incorporated
village and part of the adjoining township or
townships and the schoolhouse is situated in
such town or village, all applications for the
issue of debentures for school purposes shall
in such cases be subject to the provisions of
sections 116 and 117 of this Act.

(4). Notwithstanding any alteration which f^'*„''""''
may be mas'^e in the boundaries of any school
section, the taxable property situated in the

for

z66

PuHLic Schools Act.

Sec. 115 school section at the time when such loan
was effected, shall continue to be liable for
the rate which may be levied by the township
council for the repayment of the loan.

Expenses of

publ

by-laws.

lishinK

Hii;

>H,

Submission of
question to vote
of electors.

(5). The expenses of preparing and publish-
ing any by-law or debentures under the said
section 115 and all other expenses incident
thereto, shall be paid by the school section
on whose behalf such debentures were issued,
and the amount of such expenses may be
deducted from any school rates collected by
the municipal council for such school section,
anything in The Public Schools Act to the
contrary notwithstanding.

This sub-section has been added by 55 Vict., c. 60, s. 3.

By section 118 of this Act all sums levied under section
115 are to be paid over to the secretary-treasurer of the
trustees on or before the isth December in each year, with-
out any deduction whatever ; but that section is now over-
ridden to the extent indicated by above sub-section.

116. (i). Where application is made by a
township board of trustees, or by the trustees
of any city, town or incorporated village for
any of the purposes mentioned in the pre-
ceding section, and where the municipal
council refuse to raise or borrow the sum
required, then the question shall be sub-
mitted by the municipal council, if requested
by the board of trustees, to the vote of the
electors of the municipality who are sup-
porters of Public Schools, in the manner
provided by The Municipal Act for the

School Debentures.

167

creating of debts, and in the event of the s««»' "*•
assent of such electors being thereby obtained,
then it shall be the duty of such council to
raise or borrow such sum.

Under The Ohnolidated Municipal Act^ the voters under
a by-law are not in all cases the same as ordinary electors.
t>y-laws creating debts, not payable in the same municipal
year, usually provide for the payment of the debt in a term
of years mentioned in the bylaw. Leaseholders whose
leases are for a less term than the term mentioned in the
by law, or in which the lessee is not bound to pay munici-
pal taxes, have no right to vote. (Erivin v. Totvusend, 2 1
C.P. 330.) But under the foregoing section, every elector
of the municipality who is rated as a supporter of public
schools is entitled to vote.

See sections 340, ei set/., of The Consolidated Municipal
Act respecting by-laws creating debts.

By-laws creating debts are required to be registered
within two weeks after the final passing thereof in the
proper county or other registry office. (55 Vict., c. 42,

s. 35'-)

For form of by-law to raise money under this section, see
Form 4j, Appendix A.

(2). The municipal council may, if deemed
expedient, without submitting the same to a
vote of the ratepayers of such municipality,
as required by The Municipal Acl, for the
creating of debts, pass a by-law for the pur-
pose of raising or borrowing money, on the
requisition of the Public School board, for
any of the purposes named in the preceding
section.

117. Any debenture issued by any munici- p°^2bemur'e*:"°
pality for school purposes may be in the form

1 68

PuHLic Schools Act.

m 'Ml
■•■ "11

School moneys
-when to be
paid over.

.1'

Sees. U7, given by this Act, and for such term of years
and for such amount as the council shall see
fit, not exceeding thirty years, or the municipal
council may in its discretion make the prm-
cipal and interest of such debt repayable by
annual or other instalments, in the manner
Rev.sut,c.«4.pfQ^jjgj in The ^Municipal Ac/.

See sections 340 and sub-sections thereof, and 342 and
subsections thereof, of 77/e' Consolidated Municipal Act

For form of debenture, see Form 4^^ Appendix A.

118. All sums levied and collected by the
municipal council of any township for school
purposes shall be paid over to the secretary-
treasurer of the board of trustees, without
any deduction whatever, on or before the 15th
day of December in each year.

See sub-section 5 of section 115, which provides for
the deduction from above sums of the expenses of publish-
ing by-laws, and which to that extent overrides this section.

Where the municipal council collect and receive from
the school rate necessarily imposed by them to procure the
amount demanded by the school trustees a small surplus
over and above such amount, the school trustees are
entitled to such surplus, which may be said to be the
necessary increment or addition produced by a rate in
good faith imposed and levied by the township to raise the
sum demanded. (Public School Trustees of Section p,
Nottawasaga v. The Corporation of the Township of Notta-
wasaga^ 15 A.R. 310.)

If the rate is substantially excessive, it, or the by-law
imposing it, may be quashed or set aside ; but it is not
objectionable merely because it will produce, if levied and
collected from all the parties assessed, a sum slightly in

School Deuentukks.

169

excess of that recjiiired. (In re Hawkins v. The Municipal 8ec«. 118.
Councils of Huron, Pcrt/i, ami /iruce, 2 (J. P., at p. H9 ; ///
re De La I I aye and the Municipality 0/ the Gore of Toronto,
3 C.l*. 23.) The surplus incidentally arising from the
collection of a school rate cannot be appropriated to the
general purposes of the township. (Public School 'Trustees
V. Nottaivasaga, supra.)

119. When, in the opinion of any rural ;^^»;}'^|.';;'i°;""
school corporation it is not desirable to apply ""°°' '"""">*•
to the municipal council for the issue of
debentures for any of the purposes mentioned

in this Act, such trustees may, without a vote
of the ratepayers of the section, retjuire the
municipal council to raise, by one yearly rat,
such sums a^ tiay be necessary for the pur-
chase of a school site, the erection, or purchase
of a schoolhouse or teacher's residence.

120. No township council shall levy or [;°"""^" "°' "»
collect in any school section during any one°n'
year more than one school rate except for the
purchase of a school site, or for the erection
of a schoolhouse.

Discretion is given by this section to the township
council in regard to the time at which the debentures
necessary for these purposes shall be issued.

121. Any rural school corporation may, |i^{j°°^

levy inori' than
one rate, except
certain cases.

corpnia-

tnay bor-

with the consent of the ratepayers of their n°*neys.'''"'
school section first had and obtained at a
special meeting duly 'ailed for that purpose,
by resolution authorize the borrowing from
any municipal corporation of any surplus
moneys derived from the Ontario municipali-

170

Public Schools Act.

Sees

122

»*'' ties fund, or from any other source, for such
term and at such rate of interest as may be
set forth in such resolution, for the purpose
of purchasing a school site or school sites, or
erecting a schoolhouse or schoolhouses ; and
any sum or sums so borrowed shall be applied
to that purpose, and to that only.

" The Ontario Municipalities Fund " is a fund formed
from moneys arising from the Clergy Reserves in Ontario.
(R.S.O., 1887, c. 30, s. I.) The moneys forming this fund
are paid into the hands of the Provincial Treasurer, to be
by him applied for certain purposes. (Ib.^ s. 2.) The
amount of the fund remaining unexpended and unappro-
priated on the 31st December in each year shall be added
to the amount voted by the legislature for the support of
public and se[)arate schools for the succeeding year, and
shall by the Minister of Education be included in the
distribution of the legislative grant to the several munici-
palities, as provided by this Act. (lb., s. 3.)

Apportionment
of grant.

LEGISLATIVE AND COUNTY GRANT.

122. (i). AH sums of money voted by the
Legislative Assembly for the support of Public
and Separate Schools shall be apportioned
annually on or before the first day of May
by the Minister of Education to the several
counties, townships, cities, towns, and incor-
porated villages according to the population in
each as compared with the whole population
of Ontario, as shown by the last annual returns
received from the clerks of the respective
counties, cities and towns separated from a
county, of which apportionment due notice

Legislative and County Grant.

171

shall be g'ven to the clerks of the municipalities Sees. 122.
i^ * 123.

concerned.

For form of notice of apportionment, see Form 45,
Appendix A.

(2). The money so apportioned shall be ^^'^=j{j^ payable
payable by the Provincial Treasurer on or^ea'^.'"^*"''
before the first day of July in every year to
the treasurer of every county, city, town and
village in such way as the Lieutenant-Governor
may from time to time direct.

(^). The county council shall cause to be to raise ecimva-

^•^' ■' . lent to Legisla-

levied yearly upon the several townships ofy^^^*^,*'='"'°'
the county, such sums of money for Public
School purposes as shall be at least equal
(clear of all charges of collection) to the
amount of school money apportioned by the
Minister of Education to the sev^eral town-
ships of the said county for the year, such
sums to be payable to the township treasurer
on or before the fourteenth day of December
in each year.

into sections
isions.

123. (i). The county inspector shall, half- i^'s'r'bution

^ > » ' into sections

yearly, unless otherwise directed by the*"'*'*'''
Minister of Education, distribute among the
school sections and divisions of each township
under his jurisdiction their respective portions
of the Public School grant voted by the Legis-
lative Assembly or raised by county rate
according to the average attendnnce of pupils
at each Public School as compared with the
whole average number of pupils attending the

172

Public Schools Act.

Sec. 123.

III.,;'
•Kii

Public Schools of every such township, and
all such sums shall be payable by the township
treasurer to the order of the secretary or
secretary-treasurer of the board of trustees on
the inspector's order. Notice of the amount
payable to each school section shall be given
by the inspector to the secretary or secretary-
treasurer of the section.

Although the county inspector is required to distribute
among the school sections and divisions of each townshi[)
under his jurisdiction their respective portions of the
public school grant voted by the Legislative Assembly
or raised by the county rate as above provided, yet he
should not give an order to pay any portion of the fund to
the trustees of any rural school section should they have
neglected to transmit to the county inspector their half-
yearly returns on 30th June and 31st December (s. 206).
Nor shall the inspector pay any portion of the legislative
or municipal grant tt> any school in which the use of
unauthorized text-books has been permitted by the teacher
(s. 1 74) ; nor where the school has been open for less than
six months in the year (s. 155, s-s. 4^1'); nor where the
trustees fail to comply with the School Act, or the regula-
tions of the Education Department (s. 155, s-s. 4c).

It is the duty of the township treasurer to pay the order
as above ; and if, having the money in his hands, he refuses
so to do, a mandamus will lie. ( Wtlsh v. Leahy, 18 C.P.
48.) The order must be strictly drawn in accordance with
the statute ; otherwise it cannot be enforced. (I/>.)

For form of inspector's warrant for the payment of the
school grant, see Form 46, Appendix A.

(2). The county inspector shall apportion
any sum voted by the Legislative Assembly
for improving the fifth form of Public Schools
as may be directed by the regulations of the
Education Department.

Treasurers of School Moneys.

^7i

TREASURERS OF SCHOOL MONEYS. ^"'=*- "^•

125.

124. (i). For all school purposes in town- coumy treas-
ships the township treasurers shall be con- school as^'sess-

^ * nieiit to town-

sidered sub-treasurers of the county treasurer: ship treasurer.
provided always that the county council may
by by-law constitute the county treasurer, the
sub-treasurer for such municipalities within
the county as may be deemed expedient.

(2). Every sub-treasurer shall be subject to^;;Jv!;'^*f^""'*
the same responsibilities and obligations in
respect to the accounting for school moneys,
and the payment of lawful orders for such
moneys given by any county inspector as are
imposed by this Act upon every county
treasurer, in respect to the paying and
accounting for school moneys.

125. The treasurer and his sureties shall Jjrmierrespon-
be responsible and accountable for school cSpality. "'"'"'
moneys to the county, city or town, and any

bond or security given by them for the duly
accounting for and paying over moneys
coming into his hands, belonging to the
county, city or town, shall be taken to apply
to all Public School moneys, and may be
enforced against the treasurer or his sureties,
in case of default on his part.

No power is conferred by The Consolidated Municipal
Act upon treasurers authorizing them to accept orders for
the payment of school teachers' salaries, nor can a treasurer
bind a corporation by his acceptance of such orders.
( Mimson v. Ccllingzvood, 9 C.P. 497 ; Smith v. Collingwood,
19 Q.B. 259.)

174

Public Schools Act.

Sees. 125,

126.

III..,'

■'iiii:

'ii;

Bonds to apply
to school
moneys, etc.

Accounting for moneys includes payment over,
(Mailing v. Chalking 3 M. & S. 502.)

It is the duty of the treasurer to receive and keep
safely moneys belonging to the corporation, and to pay out
the same in such a manner as is appointed either by statute,
or by-law, or resolution of his municipality. (55 Vict. ,
c. 42, s. 250.) The treasurer should not pay money on an
illegal order or resolution, for an Act of Parliament should
be regarded by him as a higher authority than the by-law
or resolution of a corporation (Daniels v. Burford^ 10 Q.IJ.
480) ; and if a treasurer so pay money on an illegal order
or resolution, he would be probably subject to criminal
prosecution. (East Nissouri \. Horseman, 16 Q.B. 580.)

And under section 250 of The Consolidated Municipal
Act, a treasurer is not liable to an action for any moneys paid
by him in accordance with any by-law or resolution passed
by the council of the municipality of which he is treasurer,
unless where another disposition is expressly made of such
moneys by statute. (^55 Vict., c. 42, s. 250.) The by-law
or resolution referred to here, whether legal or illegal, if
requiring him to pay the money, is a protection to him.

In an action by the corporation of a county against their
treasurer on his bond, where it was proved that government
money, charged by him as paid over to the government,
was not so paid, it was held unnecessary to show a demand
of the government upon him for the money in order to
entitle the corporation to recover. (Essex v. Park, 11 C.P.
473.) And where certain moneys are paid to the treasurer
cf a municipality through his agents, for the purposes of a
certain scliool, and he admits the receipt of the same for
that special purpose, and his agents become insolvent
before paying over the money, an action for this money
will lie against the treasurer. ( The Joint Board of Grammar
and Common School Trustees of the Village of Caledonia v.
Farrell, 27 Q.B. 321.)

126. The bond of the treasurer and his
sureties shall apply to school moneys, and all
public moneys of the Province, and, in case

Treasurers of School Moneys.

175

of any default, Her Majesty may enforce the ^ecs. 126,
responsibility of the county, city or town,
either by stopping a like amount out of any
public moneys payable to the county, city, or
town, or to the treasurer thereof, or by action
against the corporation.

Where a bond, instead of using the words in the statute,
limited the responsibility to moneys coming into the
treasurer's hands, applicable to the general uses of the
municipality, it was held that Clergy Reserve moneys and
money derived from the distribution of the Provincial
surplus which had by by-law been specifically appropriated
to educational purposes, were not within the condition of
the bond, and that the operation of the bond was not
extended by R.S.O., 1877, c. 204, s. 221, which is identical
with above section. ( Oakland s. Proper, i O.R. 330.)

If the condition of the bond of a public officer substan-
tially comply with the requirements of the statute, Courts
will endeavor to sustain the bond as against technical
defences. (Baby v. Baby, 8 Q.B. 76.) It is no objection
to the bond that it was executed before appointment to
office was made. (Essex v. Strong, 21 Q.B. 149.) The
invalidity of the appointment cannot be set up as a defence
to an action on a bond wliere moneys have been collected.
(Hoboken v. Harrison, i Vroom. (N.J.) 73 ; Seiple v.
Elizabeth, 3 Dutch. (N.J.) 407) ; nor can irregularities in
the mode of appointment. (Whitby v. Harrison, 18 Q.B.
603 ; Whitley v. Flint, 9 C.P. 449 ; Todd v. Perry, 20 (^).B.

(349-)

See also Keith v. Fenelon Falls Union School Section
et al., 3 O.R. 194, cited under section 33(2).

127. Any person aggrieved by the default cjty.e.c.^^ ^^^
of the municipal treasurer may recover from Suk/, etc.
the corporation of any city, county or town,
the amount due or payable to such person as
money had and received to his use.

176

Public Schools Act.

Sees. 128, J28. Any collector appointed by a board of

schoor^iiector ^"^"^^^^^ ^^^ *^^ collcctlon of school fees, or

same obiife"° any treasurer or secretary-treasurer having

coulc!o.s! " the custody of school moneys shall discharge

similar duties and be subject to similar

obligations and penalties and have similar

powers as the like officers in the municipality.

The collector and treasurer or secretary-treasurer should
make a declaration of office (Form 22, Appendix A) similar
to that required to be made by collectors, treasurers, and
other officers of municipal corporations under section 271
of The Consolidated Municipal Act ; but it seems that the
effect of the collector or treasurer not making and sub-
scribing such declaration is not to make his acts void.
(Lewis V. Brady, 17 O.R. 377.)

Clerks to make
returns of
population.

Trustees actinf;
under by-laws
not liable.

129. The clerk of every county shall make a
return to the Minister of Education showing
the population of each minor municipality
within the county, and the clerk of every city
and of every town separated from a county
shall make a return showing the population of
such city or town, as shown by their respective
assessment rolls for the previous year, said
returns to be made on or before the first day
of April in each year.

130. (i). Trustees shall not be liable to
any prosecution, or the payment of any
damages, for acting under any by-law of a
municipal council before it has been quashed.

(2). In case a by-law, order or resolution of
a municipal council is illegal, in whole or in
part, and in case anything has been done

Duties of Teachers.

177

under it, which by reason of the illegality See. 130.
gives any person a right of action, no such
action shall be brought until one month has
elapsed after the by-law, order or resolution
has been quashed or repealed, nor until one
month's notice in writing of the intention to
bring such action has been given to the cor-
poration.

It is absolutely necessary that the by-law should be
either quashed or repealed, and a. month's notice of intention
to bring action be given before such action can be brought.
( Carmichael v. Slater et al., 9 C.P. 423 ; Smith v. The Cor-
poration of the City of Toronto, 11 C.P. 200.) The above
enactment applies only to suits for damages, not to replevin.
( IVilson v. Corporation of the County of Middlesex, 18 Q.B.
348.)

(3). Every such action shall be brought
against the municipal corporation alone, and
not against any person acting under the by-
law, order or resolution.

The action must be brought against the municipal cor-
poration alone, and not against the individuals acting under
the by-law. (Carmichael \. Slater, 9 C.P. 423.)

DUTIES OF TEACHERS.

See remarks as to teachers under section 2(1). By the
Departmental Regulations, it is provided that where, in a
public school, more than one teacher is employed, the head
teacher shall be called the Principal, and the other teachers.
Assistants. (D.R., s. 6, s-s i.) It is the duty of the
principal to prescribe, with the concurrence of the board
of trustees, the duties of the assistants, and he is responsible
for the organization and discipline of the whole school.
He should consult the inspector, when deemed necessary,
with regard to a time table, the course of study, or any

178

Public Schools Act.

Duties of
public school
teacher.

If" III,

fl|i<

Sees. 130, other matter affecting the organization of the school. (I).R.,
s. 6, s-s. 2.)

181. It shall be the duty of every teacher
of a Public School : —

In addition to the duties of a school teacher set out
in the following sub-sections, certain additional preliminary
duties are prescribed by the rules of the Education Depart-
ment. The teacher should see that the schoolhouse is
ready for the reception of 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 (D.R., s. 7, s-s. 1); he should classify his
pupils strictly according to the programme of studies
prescribed by the Education Department, and should make
no departure from such classification without the consent
of the board of trustees and the inspector (/l>., s-s. 2) ; he
should prepare a time table to be posted in some conspicu-
ous part of the room for the guidance of himself and his
pupils (Id., s-s. 3); and he should prevent the use by pupils
of unauthorized text-books (//>., s-s. 4) ; otherwise his
school will not receive any portion of the legislative
grant (s. 174).

(I). To teach diligently and faithfully all
the subjects required to be taught in the
school, according to the terms of his engage-
ment with the trustees, and according to the
provisions of this Act and the regulations of
the Education Department.

The subjects required to be taught in the public schools
are prescribed from time to time by the Education Depart-
ment. For those in use at the present time, see D.R., s. 8.
The teacher should conduct every exercise and recitation
from the text-books prescribed for public schools (see
Appendix) in the English language. All communications
between teacher and pupil in regard to matters of discipline

To teach ac-
cording to law.

Duties of Teachers.

179

and in the management of the school shall be in English, Sec. 131.
except as this may be impracticable by reason of the pupil
not understanding English. Recitations in French or Ger-
man may be conducted in the language of the text-book.
(D.R., s. 7, s-s. 13.)

Teachers are also required by the Education depart-
ment to make suitable commenis upon the Act respecting
the use of Tobacco by Minors, 55 Vict., c. 52, two or
three times each school term, so that it may be brought
more prominently to the notice of both scholars and parents,
and thus become more effective in accomplishing the good
aimed at. It is the duty of inspectors and principals to
give instructions to this effect to the teachers.

See Appendix for the text of the Act.

It is the dui^ of the trustees to see that the prescribed
programme is carried out (s. 40, s-s. 4 ; s. 107, s-s. 8).

The regulations in regard to teachers should be em-
bodied in the by-laws of the school board, and, under the
agreement with the teachers, should be made part and
parcel thereof, so as to bring it within the provisions of
this section, both for the legal protection of the board and
the teachers.

(2). To keep in the prescribed form the to kepp^ihe
general, daily, class, or other registers of the**^*"""'
school, and to record therein the attendance,
promotion or removal of the pupils of the
school.

The teacher should make at the end of each school term,
or at such other time as may be approved by the inspector,
and subject to revision by him, such promotions from one
class to another as he maydeem expedient. (D.R., s. 7,s-s. 5.)

As to penalty for keeping false registers, see s. 208 (i).

(3). To maintain proper order and discipline to ^^a^n'air
in his school, according to the prescribed ''"^'^'p''"^
regulations.

The teacher should practise such discipline in his

the

■1. :
•'^ '

■'.1

■^5i

i8o

Public Schools Act.

Sec. 131. school as would be exercised by a kind, firm, and judicious
parent ; he should reprove his pupils with tenderness and
becoming deliberation, and should aim at governing them
through their afifections and reason rather than by force ;
he should encourage his pupils to entertain kindly feelings
one towards another, to respect each other's rights, to be
polite in and out of school, to form habits of honesty and
truthfulness, to obey all persons in authority over them, to
cultivate a patriotic interest in their country, and to dis-
countenance quarrelling, cruelty to animals, and the use of
profane or other improper language. (D.R., s. 7, s-s. 6.)

The teacher niay, in case any pupil is guilty of per-
sistent truancy ; violent opposition to authority ; the
repetition of any offence after being warned ; habitual and
wilful neglect of duty ; using profane or improper language ;
cutting, marring, destroying, or defacing any part of the
school property ; writing any obscene words on the fences,
water-closets, or any part of the school premises ; or
of general bad conduct, injurious to the moral tone of the
school, suspend such pupil for one month, or until such
suspension is removed on assurance of better conduct, or
by order of the board of trustees. (D.R., s. 6, s-s. 6.) And
see D.R., s. 6, s-s. 16. And where a pupil has been sus-
pended, the Court should not interfere unless they can
come to the conclusion that no discretion rested in the
teacher or trustees, and that no official judgment was re-
quired or permitted. (High on Extraordinary Legal Reme-
dies, 2nd. ed., p. 26.) These regulations as to suspension
should be strictly followed. It would be very unwise of
the teacher to depart from them, and order something to
be done by the pupil not thereby contemplated, (/ie
McCallum and Board of Public School Trustees of Section 6,
Toivnship of Brant, 17 O.R. 451.)

The teachers have only the power to suspend pupils,
and they cannot deny the right of attendance at the school,
and their action in so doing would be illegal. (In re the
Minister of Education, Mclntyre v. Public School Trustees
of Section 8, in the Tojvnship of Blanchard, 11 O.R. 439.)
In Re Yuill, an unreported case, it was held that an

Duties of Teachers.

i8i

application for mandamus would not lie to correct a sup-
posed error of teacher or trustee in a matter of discipline,
and that such an application was practically an appeal
from the decision of the teacher and trustees.

A pupil who refuses to give information in his possession
concerning the obscene defacement of a school building by
another is properly suspended. (Board of Education v.
Ifelston, 32 111. App. 300.) And a pupil unvier suspension
who insolently defies and applies profane ai^d obscene
epithets to a board of school trustees before vnom he has
been summoned forfeits his rights, if any, to reinstatement.
( fb.) The suspension of a pupil until his compliance
with the requirements of the board of school trustees will
not be construed to continue beyond the current school
year. (Il>.)

In England, a schoolmaster of a lioard school has the
right to corporally punish pupils for misconduct, and for
that purpose stands, for the time being, in /oca parentis.

In Cleary v. Booth, (1893) i Q.B. 465; 29 C.L.J. 2S6,
it was decided that a board schoolmaster has authority to
inflict corporal punishment on a pupil for misconduct to
another pupil when both are on their way to, but outside
and at a distance from, the school premises. Mr. Justice
Lawrence stated that upon this point there was no distinct
authority. The question was whether the head-master of
of a board school might administer corporal punishment
for something done outside the limits of the school. The
facts were these : — Booth, a pupil at the board school, was
on his way to school when he came across another boy of
the same school, and it was complained that Booth threw a
piece of putty, and with it hit the other boy. For this he
was promptly caned by the master on his arrival at the
school, on evidence brought before him by a witness. The
learned judge was of opinion that a schoolmaster had
authority delegated to him from the father, who must have
been taken to delegate the authority exercised by the school-
master here. The Education Code of 1892 provided that
all " reasonable care " was to be taken in the management
of the school "to bring up the children in habits of

Sec. 131.

I,
; J.

182

Public Schools Act.

Sec. 131. punctuality, of good manners and language, of cleanliness
and neatness, and also to impress upon the children the
importance of cheerful obedience to duty, of consideration
and respect for others, and of honor and truthfulness in
word and act." How could this be carried out if the
authority of the master was said to apply only to treatment
of the children in school? If, for instance, a cleanly boy,
at a distance of a yard outside the school, were to roll in
the mud, and make use of bad language, should not the
master have authority over him, and be able to inflict
punishment at once ? It was not reasonable to hold that
the parent's authority ended at the house door, and the
schoolmaster's did not begin till at the school door.
There must be authority in the schoolmaster to punish,
especially for misconduct to another pupil.

When giving judgment in Regina v. Hopley, 2 F. & F.
202, Lord Chief Justice Cockburn said : " Hy the law of
England, the parent, or schoolmaster, who for this purpose
represents the parent, and has parental authority delegated
to him, may, for the purpose of correcting what is evil in
the child, inflict moderate and reasonable corporal punish-
ment, always, however, with the condition that it is
moderate. If it be administered for the gratification of
passion or rage, or if it be protracted beyond the child's
power of endurance, or with an instrument unfitted for the
purpose, and calculated to produce danger to life and
limb, in all such cases the punishment is excessive and
violent, and is unlawful ; and if evil consequence to life
and limb ensue, then the person inflicting it is answerable
to the law, and, if death ensue, it will be manslaughter."

And in Fitzgerald v. Northcote, 4 F. & F. 656, it was
held that the authority of the schoolmaster is, while it
exists, the same as that of the parent ; and that it is for
the general benefit of society, and especially of its youth,
that the authority of those charged with the care of great
scholastic establishments should be maintained, and, on
the other hand, it is of equal importance that it should
not be exercised arbitrarily.

Duties of Tkacheus.

183

(4). To keep a visitors book (which the Sec^isi.
trustees shall provide) and enter therein the Jua","!? Cook,
visits made to his school.

The visitors allowed by law are all judges, members of
the Legislature, members of county councils, aldermen,
and clergymen, who reside in the municipalities in which
the schools are situate (s. 184). Besides these, there are
also the trustees (s. 40, s-s. 4 ; s. 107, s-s. 8), and inspectors
(s. 155, s-s. I).

It would seem from the wording of the Act that no
other persons have a legal right to visit the schools except
those named (s. 185).

See also remarks under sub-section 4 of section 40.

'.vjcess
register and
visitors' book.

(5). To give the trustees and visitors access ^o^g
at all times, when desired by them, to the
registers and visitors' book appertaining to
the school ;

(6). To deliver up any school registers, J^g«f^"p„j
visitors' book, schoolhouse key, or other'"'*
school property in his possession, on the
demand or order of the majority of the cor-
poration employing him.

Any teacher who refuses to give up possession of any
visitors' book, school register, schoolhouse key, or any
other school property in his possession, shall not be deemed
a qualified teacher until restitution is made, and shall also
forfeit any claim he may have against the trustees employing
him (s. 210, s-s. 2).

(7). To hold during each term a public J,\!:fil?o"n"'
examination of his school, of which he shall
give due notice to the trustees of the school,
to any school visitors who reside in the school

i84

Public Schools Act.

Sec. 131, section and through the pupils to their
parents or guardians;

To furnish in.
formation to
the Minister and
inspector.

To prepare
reports.

(8). To furnish to the Minister of Educa-
tion, or to the school inspector, from the
trustees' report or otherwise, any information
which it may be in his power to give respecJ:-
ing anything connected with the operations of
his school, or in anywise affecting its interests
or character.

It is the duty of the teacher to make up all returns to
the inspector or the Education Department, as far as the
information required can he supplied from the school
register, and to furnish such other information affecting
the interests of his school as may from time to time be
required by the Education Department or the inspector.
(D.R., s. 7, s-s. 10.)

(9). To prepare, so far as the school
registers supply the information, such reports
of the corporation employing him as are
required by the Education Department.

See remarks under previous sub-section,
for making false reports, see s. 208 (1).

As to penalty

i^es"ofunsaSf: (lo)' To uotify thc trustees, and in case of
oyciosTts'etr" their neglect, to notify the local board of
health when the closets or outhouses belong-
ing to the school are dangerous to the health
of the pupils.

The school teacher should give strict attention to the
proper ventilation and cleanliness of the schoolhouse, and
should make and enforce such rules as will ensure the
keeping of the school grounds and outbuildings in a neat

Duties of Teachers.

185

and cleanly condition. (D.R., s. 7, s-s. 7.) He should see
that the school grounds, sheds, and water-closets are kept
in proper order ; and should give notice in writing to the
trustees of any repairs required to be made to same.
(lb., s-s. 8.)

Sec. 131.

(11). To notify the medical health officer J;„|f„''„7-,i„,,
of the municipality, or where there is none to tfouTdisea's"!^'"
notify the local board of health, whenever he
has reason to believe that any pupil attending
school is affected with or exposed to small-
pox, cholera, scarlatina, diphtheria, whooping-
cough, measles, mumps, glanders or other
contagious disease, and to prevent the attend-
ance of all pupils so exposed, or suspected of
being exposed, until furnished with the
written statement of the health officer, or of
the local board of health, or of a physician,
that such contagious diseases did not exist,
or that all danger from exposure to any of
them had passed away.

Under this oection, the teacher would appear to be a
(jiiasi ofificer of the medical tiealth department of the
municipality in which his school is, as he has to report
direct to the medical health officer of such municipality
instead of to the trustees. The duty of the trusiees in
sanitary matters seems to be confined to looking after the
sanitary condition v)f the schoolhouses and appendages
(s. 40, s-s. 2 ; s. 107, s-s. 4). The general health of the
children seems to be under the supervision of the medical
health officer of the municipality or the local board of
health, to which the teacher reports direct, as stated above.

The Public Health Act, R.S.O., 1887, chapter 205,
section 94, provides that

"(i) Whenever a case of smallpox, cholera, scarlatina,
diphtheria, whooping cough, measles, mumps glanders, or

< '

%■

i86

Public Schools Act.

Sec. 13X. other contagious disease, exists in any house or household
belonging to which are persons attending school, the
householder shall, within eighteen hours of the time such
disease is known to exist, notify the head teacher of such
school or schools, and also the secretary of the local board
of health, of the existence of such disease ; and no member
of such household shall attend school until a certificate has
been obtained from the medical health officer, or legally
qualified medical practitioner, that infection no longer
exists in the house, and that the sick person, house,
clothing, and other effects have been disinfected to his
satisfaction ; and until such certificate shall have been
obtained, it shall be the duty of every member of the
household, and of the teacher, to use all reasonable efforts
to prevent the association of members of the said house-
hold with other children.
« " (2) Whenever the local board of health or any of its

officers or members know of the existence in any house of
smallpox, cholera, scarlatina, diphtheria, whooping cough,
measles, mumps, glanders, or other contagious disease,
they shall at once notify the head or other master of the
school or schools at which any member of the household
is in attendance ; and should it not be evident that said
member has not been exposed to said diseases, or any of
them, the teacher must forthwith prevent such further
attendance until the several members present a certificate
stating that infection no longer exists, as provided in the
preceding sub-section.

"(3) Whenever a teacher in any school has reason to
suspect that any pupil has, or that there exists in the home
of any pupil, any of the above-mentioned diseases, he shall
be required to notify the medical health officer, or, where
none such exists, the local board of health, on forms
supplied by the school authorities, in order that evidence
may be had of the truthfulness of the report ; and he shall
further be required to prevent the attendance of said pupil
or pupils until medical evidence of the falsity of the report
has been obtained."

See, however, the powers of trustees as to vaccination,

Duties of Teachers.

187

R.S.O., 1887, c. 206, s. 16, which provides that "it shall
be lawful for the trustees of any public, separate, or high
school to provide that no children shall be permitted to
attend any school without producing a certificate of
successful vaccination when demanded of him or her by
the teacher."

Sees. 131,
132-

Teachers are further required by the rules of the Educa-
tion Department to see that no damage is done to the
furniture, fences, outbuildings, or other school property,
and to give notice in writing to the trustees of any necessary
repairs (D.R., s. 7, s-s. 8) ; to employ, unless otherwise pro-
vided for by the board of trustees, a suitable person to
make fires, sweep the rooms, dust the walls, seats, desks,
and other furniture (lb., s-s. 9) ; to attend regularly the
teachers' institutes held in this country, and to contribute
from his experience and observation to their general useful-
ness (lb., s-s. 11); to give immediate notice to the trustees
and inspector of his absence from school through illness or
other unavoidable cause ('//a, s-s. 12); to take up no col-
lections or subscriptions from the pupils, make no announce-
ments, nor distribute bills or advertisements, except for
school purposes, without the consent of the board of trustees
(lb., s-s. 14) ; to receive no presents from the pupils, except
when severing his connection with the school ; nor to give
any medal or prize to any pupil without the consent of the
board of trustees (Ih., s-s. 15); and to avoid making up
lost time by teaching on a holiday or during vacations.
Any attendance during such time shall be disallowed by
the inspector (lb., ss. 16).

Si5

:V!*

I
I

AGREEMENTS.

132. All agreements between trustees and vaua agree-

to merits with

teachers shall be in writing, signed by the'"'''*"^-
parties thereto, and sealed with the corporate
seal of the trustees.

The trustees under this section only act in their public

i88

Public Schools Act.

bit:

r>"»...

Sec. 132. corporate capacity, and, if acting within the scope of their
authority, can only be charged in their corporate capacity,
and not individually, under any agreement made between
them and the teacher. (Anderson v, Vansiitart et a/.,
5 Q-B- 335 > Sheriff v. Patterson et al., 5 Q.B, 620.)
See also remarks under section 7,

It is necessary that the trustees, in order to be bound,
should contract under their corporate seal, and a teacher
in bringing an action against them under an agreement
should allege that the agreement was so made. (Quin v.
The School Trustees, 7 Q.B. 130.)

The trustees and teacher cannot be regarded as master
and servant under the Act respecting Master and Servant,
R.S.O., 1887, c. 139; and a teacher cannot take proceedings
under that Act against the trustees for the recovery of his
salary. (In re Joke, 19 Q.B. 197.)

Under the above section, a person can only become a pub-
lic school teacher by agreement under seal, and any other
agreement, verbal or written, would not be an agreement for
that purpose with the school corporation. And no person
should expect to become a teacher under the school cor-
poration, or should commence the performance of any duties,
with a view to remuneration from the corporation, without
the essential preliminary of a contract under seal. (Bir-
mingham v. Hunger/ord et al., 19 C.P. 411.) A teacher,
in order to recover in an action under the agreement
between him and the trustee corporation employing him,
must hold a legal certificate under section 134. (Wright
v. The Trustees of School Section No. j, in the Township of
Stephen, 32 Q.B. 541.)

An agreement by a rural school corporation to employ
a teacher must be adopted at a regular or special meeting
of the trustees, of which proper notice has been duly given,
and a minute of the act must be made in writing and signed
by at least two of the trustees ; otherwise it is invalid (s. 36).
And where an agreement to employ a teacher was made in
writing, under seal, and signed by two of the three school
trustees, but not at the same time, or at any meeting
of the trustees called for the purpose of transacting school

Agreements.

189

business, it was held to be void under said section 36. Sees. 132,
( Lambiere v. Tlie School Trustees of Section No. j, South
C(iyu};a, 7 A.R. 506.)

And a county superintendent signing, together with
trustees, a contract with a teacher will be considered to
have signed only as approving of the appointment, and not
as contracting with the teacher. (Campbell v. Elliot et al.y
3 QB. 241.)

In cities, towns, and incorporated villages, an agreement
to employ a teacher must be adopted and assented to, by
a majority, at a meeting of the board, which meeting can
only properly act so as to bind tne board when a majority
of the members of such board are present, that majority
constituting a quorum (s. 106, s-s. 5).

Any action brought by a teach<^r against a board of
school trustees under an agreement with them, for arrears
of salary, must be brought within three months from the
time such salary is due and payable by the trustees (s. 137).

For form of agreement for engagement of a public school
teacher, see Form 47, Appendix A.

133. Any teacher who enters into an agree- ^e,'Pfi"aie'fo°/
ment with the trustees of any Public School, Jim. ° *^'^*"
and who wilfully neglects or refuses to carry
out such agreement shall, on the complaint of
such school trustees, be liable to the suspen-
sion of his certificate by the inspector under
whose jurisdiction he mny be for the time
being.

This section, together with section 144 (r), provides a
•proceeding by which the status or qualification of the teacher
nay be determined ; and the result of such proceeding
may be, in effect, the same as dismissal ; but the above sec-
tion does not deprive the trustees of the inherent right to
dismiss which necessirily arises from the relation of the
parties as employer and person employed. (Raymond v.
School Trustees of the Village of Cardinal, 14 A.R. 562.)

•i. IB

I go

Public Schools Act.

Sees. 133, For form of trustees' request to inspector to suspend a
teacher's certificate, see Form 48, Appendix A.

Qualitied
teacher defined

U>.i.

iwl...

It:::

■k..<,

«:

134. No person engaged to teach a Public
School shall be deemed a qualified teacher
who does not at the time of his engaging with
the trustees, and during the whole period of
such engagement, hold a legal certificate of
qualification.

See remarks under section 2, sub-section i.
• A teacher cannot recover against a trustee corporation
on a claim for salary unless he holds the certificate men-
tioned in above section. ( JFrij^/it v. T/ie Trustees of School
Section No. j, in the Township of Stephen, 32 Q.B. 541.)

And any teacher who refuses to give up possession of any
visitors' book, school register, schoolhouse key, or any other
school property in his possession, shall not be deemed a
qualified teacher until restitution is made, and shall also
forfeit any claim which he may have against the trustees
(s. 210, s-s. 2).

Proportion of 135. Everv tcacher who serves under an

salary to which • i i i r r i

teacher entitled, agreement with a board ot trustees tor three
months or over shall be entitled to be paid his
salary for the authorized holidays occurring
during the period of such service in the pro-
portion which the number of days during
which he has taught in the calendar year,
bears to the whole number of teaching days
in such year.

136. Every teacher shall be entitled to his
salary during sickness, certified by a physician,
for a period not exceeding four weeks for the

Agreements.

191

entire year; this period may be increased at^s^'^j^g^^e.
the pleasure of the trustees.

The period should be increased by a formal resolution
of the board, which should be entered upon the minutes of
the board.

137. If at the expiration of a teacher's P;o^'e^t.^°"^of^
agreement with a board of trustees his salary '**"*'°"'*'^'
has not been paid in full such salary shall
continue to run at the rate mentioned in such
agreement until paid, provided always that

an action shall be commenced within three
months after such salary is due and payable
by the trustees.

138. All matters of difference between trus- ''T'X'^'?,;"

'^ case 01 ditli I-

tees and teachers, in regard to salpry or other f"ar'heraTa'"
remuneration, shall be brought before the""*^""
Division Court of the district where the cause
of action arose, subject to appeal, as provided
by this Act.

As to appeals from Division Court decisions, see sec-
tions 179 to 183.

139. In pursuance of a judgment or decision executio..
given by a County Judge in a Division Court,
under the authority of this Act, and not
appealed from, execution may issue from time

to time to recover what may be due of the
amount which the Judge may have decided
the plaintiff entitled to, in like manner as on
a judgment recorded in a Division Court for
a debt, together with all fees and expenses

192

Public Schools Act,

Sees. 139, incidental to the issuing thereof and lev\'
140. , , ^ ^

thereunder.

Three classes
of certiticates.

l*J*•'^ll

*«•••.,,

«:;:::

CERTIFICATES.

140. Every certificate to teach a Public
School shall be ranked as of the first, second,
or third class, and shall be issued only to such
persons as furnish satisfactory proof of good
moral character, {a) are at least eighteen years
of age, {h) are natural born or naturalized
subjects of Her Majesty, (t*) and pass the
examinations prescribed by the Education
Department.

As to the authority for holding examinations, see The
Education Department Act, 54 Vict., c. 54, s. 4 (3). See
also section 134 of this Act, and remarks thereunder.

{h) It is to be presumed that resident and assessed
inhabitants of this Province are British subjects till some-
thing is shown to the contrary from which it can be deter-
mined that they are aliens. (Reg. ex rel. Carroll v. Beckwith,
I P.R. 284.) A person born in New York in 1830, the
son of a British subject, who had emigrated from Ireland a
short time previously, and a year or two after his birth came
to Upper Canada, and ever since resided here, was held to
be a British subject within the meaning of above clause.
(Reg. ex rel. McVean v. Graham, 7 L.J. 125.) But a person
born in the United States before the Revolution, who con-
tinued to reside there afterwards, was held to be an alien.
(Doe d. Patterson v. Davis, 5 O.S. 494.) The son of a
British subject who was married to an alien residing out of
British possessions at the time of his birth was held to be
an alien. (Doe d. Robinson v. Clarke, i Q.B. 37.) But
the son of an alien, once naturalized, continues a British
subject, notwithstanding the residence of his father beyond
British allegiance. (Doe d. Hay v. Hunt, 11 Q.B. 367;
Montgomery \. Graham, 31 Q.B. 57.)

Certificates.

193

141. Certificates of the first and second ^*"- ***'

143.

class shall be granted by the Minister of Edu-pj^^, — ^^
cation on the report of examiners appointed ceniSS!*"
by the Education Department, and shall be
valid during good conduct in the Province ;
certificates of the third class shall be granted
by the county board of examiners and shall be
valid in the Province for a period of three
years. Every third-class certificate shall have
the signature of at least one Public School
inspector.

See as to power of Education Department to accept
other examinations or certificates in lieu of above, 54 Vict.,
c. 54, s. 5 (4) and (6) ; D.R., s. 61, as to instructions to
examiners; D.R., ss. 50, 51, 52, 60, and 68, as to examina-
tions. As to examinations by county board of examiners,
see section 145 of this Act. D.R., s. 52 (4 and 5), as to the
extension of third class certificates; D.R., s. 55, as to the
training of French and German teachers ; and D.R., ss. 44
and 45, as to kindergarten directors and assistants' cer-
tificates.

142. District certificates shall be valid only Third-cUss

•^ district

in the districts following, namely : Rainy River, certificates.

Thunder Bay, Nipissing, Algoma, Parry Sound,

Muskoka, Haliburton, and the counties of

Victoria, Peterborough and Hastings, and all

counties lying east thereof. In the districts

aforesaid, the board of examiners for granting

such certificates shall consist of the inspector,

the district Judge and Stipendiary Magistrate ;

and in the counties aforesaid of the county

board of examiners.

See D.R., s. 54, as to the boards of examiners and
examinations under this section.

»3

X94

PuuLic Schools Act.

Stct. 143,
144-

Former

certificates

continued.

Same subject.

143. (i). All teachers' certificates {i^ranted
before the fifteenth day of February, in the
year 1871, shall remain in force on the terms
and conditions of the Act under which they
were granted ; and upon their ceasing to be
valid, as provided by law, other than by ♦^he
confirmation of their suspension, they may be
renewed from time to time under the regula-
tions of the Education Department.

(2). Every first-class certificate issued under
any Act of this Province by a county board,
before the fifteenth day of February, 1871, and
valid in any city or county, on the 24th day of
March, 1874, shall be valid in the Province
during the good conduct of the holder thereof.

Same subject. ^2). Evcry sccond-class certificate issued
before such time, and under like authority,
and valid in any city or county, on the 24th
day of March, 1874, shall, when such teacher
has taught for a period of not less than ten
years in Ontario, continue to be valid during
good conduct in such city or county.

Suspension of
certificate for

144. (i). The inspector may suspend the
'"'*''°°**""'^'*^' certificate of any teacher under his jurisdiction
for inefficiency, misconduct, or a violation of
this Act or of the regulations of the Education
Department. In every case of suspension, he
shall notify in writing the trustees concerned,
and the teacher, of the reasons for such sus-
pension.

Officers required by law to exercise their judgments are

Certificates.

195

not answerable for mistakes in law or mere errors in judg-
ments, in the absence of any fraud or malice on their part.

See D.R., s. 74 (14), as to duty of a county inspector to
suspend a teacher's certificate.

Under section 8 of The Education Department Acty the
Minister of Education has power to decide upon and settle
all disputes laid before him for settlement, and upon all
appeals made to him from the decision of any inspector or
other school officer.

Sec Raymond v. School Trustees of Cardinal, cited under
section 133.

A representation by the assessed inhabitants of a school
section as to the character of the teacher, made with the
view of obtaining redress, is a privileged communication,
which it is of importance to the public to protect, and such
a statement would not be the less privileged if made by
mistake to the wrong quarter ; e.g., to the local superin-
tendent of schools. (Mclntyre v. Ale Bean, 13 Q.B, 534.)

For form of notice of suspension of certificate, see Form
4g, Appendix A.

Sec. 144.

(2). If the certificate so suspended was issued berror'ied *°
by the Chief Superintendent or Council of
PubHc Instruction, or by the Education
Department or Minister of Education, the
inspector shall forthwith report to the Minister
of Education, and such suspension shall con-
tinue until the case is decided by the Minister.

For form of notice to Minister of Education, see Form
JO, Appendix A.

(3). If the certificate was granted by acounty^^'^^^^^'J^'-
board of examiners, the inspector shall forth-
with call a meeting of such county board of
examiners for the consideration of such sus-
pension, of which due notice shall be given

196

Public Schools Act.

Sees. T44. ^^y ti^j. teacher concerned, and the decision of
such hoard shall he final.

See section 145 (i) and (5) as to persons constituting the
county board of examiners.

For form of notice to teachers of the meeting of the
county board of examiners to consider his case, see Form
J/, Appendix A.

To examine
teachers and

COUNTY BOARDS OF EXAMINERS.

145. (i). The municipal council of each
give certificates. j^Qm^^y shall appoint a board of examiners,

consisting of the inspector or inspectors
having jurisdiction within the county or any
part thereof, and not more than two other
persons holding first-class certificates of
qualification, for the purpose of examining
candidates for teachers' third-class certificates
and for such other purposes as may be pre-
scribed by this Act. The board shall hold
at least one examination each year. A
majority of the board shall form a quorum.

This board is only appointed for the purpose of con-
ducting examinations for the granting of third-class
certificates.

The regulations of the Department of Education pro-
vide that " the examination for third-class certificates shall
be conducted by the county board of examiners, which
shall have authority to elect its own chairman and secretary.
No principal of a county model school shall be a member
of the county board of examiners. The secretary shall be
paid such remuneration as may be approved by the county
council." (D.R., s. 46.)

Additional
examiners.

(2). Where deemed necessary from the
use of the French or German

general

CorNTY Board or Examiners.

197

lan^'Ucif^'e, the county council may appoint Sec»- ms.
additional examiners, not exceeding two, for
the purpose of conducting the examination
of candidates for a teru her's certificate in
either of the languages aloresaid.

(3). The treasurer of the county shall, on J,;^j;,^|',»** °f
the recjuisition of the chairman of the board,
pay all the incidental expenses of the exami-
nation of third-class teachers. He shall also,
on a like requisition, pay each member of the
board the sum of Ij^i^ per diem and travelling
expenses while engaged as examiner.

For form of retiuisition, see Fon/i J2, Appendix A.

(4). Every member of a county board of^*«?„°J/j»?j^;-
examiners while engaged in conducting anlea^hV*'"''"""'
investigation affecting the standing of any
teacher within the jurisdiction of the board
shall be paid the sum of $4 per diem and
travelling expenses by the treasurer of the
county.

("S). After the passing of this Act no person None but

^~" r a JT teachers to be

shall be appointed a member of a county^"'"""'"'-
board of examiners who is not actually en-
gaged in teaching and who has not had at
least three years' experience as a teacher in
a Public or Separate School.

«:i

MODEL SCHOOLS.

146. (I). The board of exammers of every one school in

1 11 1 • 1 1 • r 1 each county to

county shall, subject to the regulations of the ^«f„«' >pajj'^»*
Education Department, set apart at least one*'''' '

w^l^«^^^^w^

C!Sm»

..:i..

Kii.

198

Public Schools Act.

Sec. 146. Public School in each county as a county
Model School for the training of teachers for
third-class certificates.

As to the powers of the Education Department to
establish model schools, see The Education Department
Act, i8gi, s. 3 (6).

See Departmental Regulations, section 47, as to the
establishment of City and County Model Schools. See
D.R., s. 62, as to Provincial Model Schools.

As to the powers of trustees in cities, towns, and incor-
porated villages to est..bl'sh model schools for the training
of teachers, see s. 107 (9).

The county board of examiners are not confined to the
establishment of one model school where more than that
number would be necessary (s-s. 2).

As to the appointment and duties of inspectors of
model schools, see same Act, s. 5(1), and D.R., ss. 77
and 74 (15).

When model
schools may be
discontinued.

Aid to county
model schools.

(2). Where more Model Schools than one
have been established in any county and
where the teachers in training for the two
preceding years at such schools have not
exceeded twenty-five, the county board of
examiners may, with the approval of the
Education Department, discontinue one or
more of such schools, but not so as to reduce
the number below that required by this Act.

(3). The municipal council of each county
shall pay to the treasurer of each Public
School within the county to which a county
Model School is attached an amount at least
equal to the sum voted by the Legislative
Assembly for each county Model School, but

Teachers' Institutes.

199

the amount to be provided by the county ^ecs. 146,
council shall not be less than the sum of
$150 annually and the council may, if it sees
fit, provide a larger amount of aid.

The Consolidated Municipal Act contains no provisions
authorizing the county council to pass by-laws for above
purpose.

teachers' institutes.
147. (i) The teachers of one or more O'^s^am^iJi^on
inspectoral districts may organize themselves '°*"""""
into a Teachers' Institute for the purpose of
receiving instruction in methods of teaching
and for discussing educational matters, sub-
ject to the regulations of the Education
Department.

As to the power of the Education Department to
establish Teachers' Institutes, see 54 Vict., c. 54, s. 3 (9).
As to regulations respecting the same, see D.R. 73.

fi!

rs
institutes.

(2). The Minister of Education may appor- ^^^^^5°
tion out of any moneys voted by the Legisla-
tive Assembly for that purpose the sum of
$25 to each teachers' institute organized and
conducted according to the regulations of the
Education Department and the municipal
council of each county or city shall pay
annually to the order of the president of each
teachers' institute within the county or city
a sum at least equal to the amount so appor-
tioned by i'le Minister of Education.

There is no provision in The Consolidated Municipal
Act authorizing the county council to pass a by-law for the

.->.iii-,i;--Y-.

200

Public Schools Act.

Sees. 147, purpose mentioned in above section ; but under s. 489(10)
' of that Act, the city council would have power to pass such

a by-law.

Leaving exami
nations to be

LEAVING EXAMINATION.

148. There shall be an annual leaving
pub1irs°c'ifooiJ° exanriination in the Public Schools, on such
subjects and according to such regulations as
may be prescribed by the Education Depart-
ment.

The subjects of examination are prescribed from time
to time by the Education Department. For those in use
at the present time, and regulations regarding the same,
see D.R., s. 9.

Qualification
for

INSPECTORS.

for appointment ^^Q. No person shall be appointed inspector
as inspector, ^f PubHc Schools who docs uot hold an in-
spector's certificate of qualification, and no
teacher or trustee of any Public, High or
Separate School shall be appointed inspector
while acting as teacher or trustee.

The qualification for a public school inspector's certifi-
cate shall be (a) five years' successful experience as a
teacher, of which at least three years shall have been in a
public school ; and {i>) a specialist's certificate obtained on
a university examination, or a degree in arts from the
University of Toronto, with first-class graduation honors in
one or more of the recognized departments in said univer-
sity, or an equivalent standing in any other university of
Ontario, with a certificate of having passed the final examina-
tion of the Provincial School of Pedagogy. (D.R., s. 72,
s-s. 5.) This regulation only remains in force till January
ist, 1894. (D.R., s. 69.)

Inspectors.

201

Number of
nspectors.

150. (i). The municipal council of each ^ec. 150
county shall appoint an inspector for suchf
county, providing always that any inspector
appointed hereafter for a county or part of a
county, shall be the inspector of the schools
of any town not separated from the county
in the district to which he has been appointed.

See section 154 as to the appointment of inspectors in
territorial districts. No inspector of schools shall, during
his tenure of office, engage in or hold any other employ-
ment, office, or calling which would interfere with the full
discharge of his duties as inspector (s. 159). A. somewhat
similar provision is made by section 189 with regard to
trustees.

(2). One inspector shall not have chargfe of-'';''>'^'^''°"

^ ' r o 01 inspectors

more than one hundred and twenty schools or
less than fifty but it shall not be necessary
to appoint more than one inspector in each
riding of a county.

(3). In counties containing any municipality Getml'n"'"
wherein the French or German language is
the common or prevailing language, an in-
spector may have charge of any number of
schools not less than forty.

(4). In counties where there are more than comaies may

' appoint addi-

^ifty Public Schools, the county council may ;,'°"*aVd'change
appoint two or more inspectors, and prescribe '"^''^'"°"*
and number the territorial limits of each, and
change or remove the inspectors from one
district or riding of the county to another.

202

Public Schools Act.

Sees. X51,
^Sa. 153-

Warden may
supply vacan-
cies in the office
of inspector.

Conditions of
dismissal of
inspector.

Additional
allowance by
Lieutenant-
Governor.

151. In the event of a vacancy occurring in
the office of county inspector, the warden of
the county may appoint any person legally
qualified to fill such vacancy until the next
ensuing meeting of the county council.
Notice of such appointment or of any ap-
pointments by the county council shall be
given to the Minister of Education forthwith.

As to qualification required for ofifice of inspector, see
s. 149,

152. Every county inspector shall, in case

of misconduct or inefficiency, be subject to

dismissal by the Lieutenant-Governor in

Council, or by a majority of the members of

the council appointing him, or without cause

by a vote of two-thirds of such council, and

no such inspector shall be reappointed without

the concurrence of the party who dismissed

him.

The county inspector must deliver over to his successor,
on retiring from office, copies of his official correspondence,
and all school papers in his custody, on the order of the
county council or public school board appointing him
(s. 155, s-s. 10).

153. The Lieutenant-Governor may direct
the payment annually out of the Consolidated
Revenue of the sum of $5 per school to each
county inspector, and the county council shall
pay quarterly at the rate of not less than an
equal amount per school, and in addition
thereto reasonable travelling expenses, the
amount to be determined by the county
council.

Inspectors.

203

school once a
term.

154. The Lieutenant-Governor in Council ^ecs. 154,
may appoint such inspectors as may be^^jj^.—
deemed expedient for the purpose of inspect- inspecwr8\°n'°
ing schools in the territorial districts and"*"'
encouraging the establishment of new schools,

and also for conducting any examination pre-
scribed by the Education Department, or
reporting on any school matter, and any per-
son or persons so appointed shall be paid out
of any moneys appropriated by the Legisla-
ture for educational purposes.

155. It shall be the duty of every county P^Jl^^j"!^
inspector : —

(I). To visit every Public School within hisJ^°hooionc\''a
jurisdiction once in each term, unless required
to do so oftener (for the adjustment of dis-
putes or other purposes) by the county
council which appointed him, and to see that
ever}'^ school is conducted according to this
Act and the regulations of the Department.

The remarks under sub-section 4 of section 40 and sub-
section 8 of section 107 can be applied to this sub-section.

The inspector, while officially visiting a school, has
supreme authority in it, and may direct teachers and pupils
in regard to any or all of the exercises of the schoolroom.
He may either examine the classes himself or direct
the teachers to do so. He is at liberty to give such advice
to the pupils or to the teacher as he may deem necessary.
All his counsels, however, should be given in a spirit of
kindness, and his authority should be exercised, not with a
view to over-awe or intimidate, but to reform abuses, cor-
rect mistakes, and inspire confidence and respect. He
should be courteous and considerate, and, when reproof is

till

:^'l

204

Public Schools Act.

Sec. 155. necessary, it should be tempered with gentleness and
sympathy. (D.R., s. 80.)

Examine the
state of the
school.

Deliver
lectures.

(2). To examine at his visits of inspection,
into the condition of the school, as respects
the progres'' of the pupils in learning; the
order and discipline observed ; the system of
instruction pursued; the mode of keeping the
school registers ; the average attendance of
pupils ; the character and condition of the
builJin id premises; and to give such
advice :i teachers, pupils and officers of
the school as he may consider proper.

It is ihe d' V of '* 'eacher to furnish the inspector with
any information he may require under this section (s. 131,
s-s. 8).

Inspectors of county public schools are required by the
regulations of the Education Department to satisfy them-
selves as to the progress made by the pupils from time to
time ; to examine into the methods of instruction pursued
by the teacher ; to teach a few model lessons themselves ;
to ascertain the nature of the discipline exercised by the
teacher ; to examine the registers, maps, seats, and all
internal and external equipment of the schoolhouse ; to
report to the trustees in regard to such matters as require
their attention ; to give such advice to teachers as may be
deemed necessary ; and to see that no unauthorized text-
books are used in the school. (D.R., s. 74, s-s. 2 to 9.)

(3). To deliver from time to time, public
lectures in his district on some subject con-
nected with Public School education.

To withhold / .). Xo withhold his order for the amount

order for grant ^^

'"""*'"'=*'"• apportioned from the legislative or municipal
grant to any school section ; (a) When the

Inspectors.

205

and

school was kept open for less than six months See. 155.
in the year ; or (b) When the trustees fail to
transmit the annual or semi-annual school
returns properly filled up ; or (c) When the
trustees fail to comply with the School Act,
or the regulations of the Education Depart-
ment ; or {d) When the teacher uses, or per-
mits to be used, as a text-book any book not
authorized by the Education Department,
and in every case to report to the trustees
and to the Education Department his reasons
for so doing.

See section 123 as to the distribution of the public
school grant on the order of the inspector. See D.R., s. 74,
s-s. 10, as to steps to be taken by the inspector before with-
holding the school grant. See also D.R., s. 74, s-s. 11, as
to the division of the school grant by the inspector.

(5). To give when desired any information xogiveinforma-

, . 1 -RT- • r T^ 1 • tion and report

in his power to the Minister 01 liaucation,'°^i'n'ster.
respecting any Public School matter within
his jurisdiction, and to prepare and transmit
to the Minister of Education, on or before
the first day of March, an annual report in
the form prescribed by the Education De-
partment.

He can obtain this information from the teacher, who
must furnish same on the inspector's request (s. 131, s-s. 8).
He can also obtain it from the school registers prepared by
the teacher (s. 131, s-s. 9).

For form of report, see Fon/i jj, Appendix A.

(7). To recommend to the county or town- Aid to poor
ship council such special aid as he may deem

; !

5N
5»

■^^^«T^T^^^

206

Public Schools Act.

Sec. 155. advisable to be given to new or weak school
sections in the county.

There is an error in the numbering of this sub-section ;
the same should be 6, and the following sub-sections 7, 8,
and 9 respectively.

Call special (8). To aDDoint, in his discretion, the time

school meeting. i i ' '

and place for a special school meeting.

In default cl the first or annual meeting not being held
at the proper time, the inspector may call a school meeting
(s. 1 8).

■'n;;;'

May give tem-
porary certifi-
cates to
teachers.

Deliver up
papers on
retiring from
office.

(g). To give, at his discretion, any candi-
date, on due examination, a certificate of
qualification to teach a school within his
district until the next ensuing professional
examination of teachers.

These certificates should be granted only (a) when
petitioned for by a board of trustees, and only for the school
over which such board has jurisdiction ; and {l>) until the
date of the next ensuing Departmental examinations ; and
(c) when it appears that a teacher holding a regular certifi-
cate is not available. The consent of the Minister of
Education is also necessary in every case. (D.R., s. 74,
s-s. 13.)

For form of temporary certificate to teacher, see Form
J4, Appendix A.

(10). To deliver over to his successor, on
retiring from office, copies of his official cor-
respondence, and all school papers in his
custody, on the order of the county council
or Public School board appointing him.

It seems that this would also have to be done in the event
of his dismissal under section 152.

Inspectors.

207

Besides the above duties, the following other duties are Sec. 155.
imposed by the Act upon the inspector by virtue of his
office :

In default of the first or annual meeting not being held
at the proper time, the inspector may call a school meeting
(s. 18).

He should see that he receives promptly a correct copy
of the first and of every annual and of every special school
meeting, and a copy of the poll book where a poll has been
taken at such first meeting (s. 31).

He must investigate all complaints as to elections, if
made to him within twenty days after the election (s. 32).
See also D.R., s. 74(12).

In case of a difference of opinion between the auditors
on matters of account, the same must be referred to and
decided by the county inspector (s. 38, s-s. 2).

Under section 40, sub section 13, he is to receive from
the board of trustees the half-yearly and annual returns as
therein provided.

He is empowered to form a township, or two or more
adjoining townships, into a school section (s. 41). Under
section 44 (3), he can divide the school section into groups
of three sections in every group.

Where there is a difference in regard to the selection of
a school site, and the majority of the school trustees, or the
majority of a public school meeting, neglects or refuses to
appoint an arbitrator, or the owner of the land selected for
the site neglects or refuses to appoint one, the inspector,
with the arbitrator appointed, are empowered to meet and
settle the matter (s. 68).

Under section 81 (3), in the matter of the alteration of
school boundaries, the county inspector is to form one of
the board of arbitrators to revise, determine, or alter the
boundaries of the school sections.

Under section 87 (i), notice of the petition to municipal
councils asking for the formation, alteration, or dissolution
of a union school section must be sent to the inspector or
inspectors of the district or districts concerned, who is, or
are, also to act as arbitrators. And, by sub-section 3 of said

208

Public Schools Act.

Sec. 155. section, the inspector representing the greatest number of
schools is to call the first meeting of the arbitrators, and is
to give ten days' notice of such meeting to the clerks of
the municipalities concerned,

By section 95, in case of a disagreement as to the
equalization of union school assessments, arbitration is
provided to settle the matter; and the inspector is
authorized to name an arbitrator.

Under section iii, the inspector is empowered to
receive from the clerk of every municipality, upon request,
a statement of the assessed value of each school section, as
shown by the revised assessment roll for that year.

Under section 113, the inspector is to receive from the
clerk of every municipality a list of the supporters of
separate schools against whom any rate for public school
purposes has been erroneously placed upon the collector's
rolls ; and the inspector, before issuing his order for the
payment of the county grant to the public school sections,
is to deduct therefrom the amount so certified to him.

The inspector is to distribute the respective portions of
the public school grant voted by the Legislative Assembly
or raised by county rate among the school sections and
divisions of each township under his jurisdiction, and give
notice of the amount payable to each school section to the
secretary-treasurer thereof (s. 123).

The inspector may suspend any teacher who enters into
an agreement with the trustees of any pul)lic school, and
wilfully neglects or refuses to carry out such agreement
(s. 133). He may also suspend him for misconduct,
inefficiency, or a violation of the Act, or of the regulations
of the Education Department. When a teacher is sus-
pended, the inspector is to notify him and the trustees con-
cerned, in writing, of the reasons for such suspension (s. 144,
s-s. i).

As to approval of change in authorized text-books, see
s. 175.

See also D.R., ss. 23 and 27 (3).

Inspkctoks of Citiks and Towns. 209

INSPECTORS OF CITIES AND TOWNS.

Sees. 156,
»57-

156. Inspectors of cities and of towns Powers and

1 r I 1 II duties of

separated from the county, shall possess thej.'?*p«<=^°';» '"
same qualifications and powers and shall be""*"'
subject to the same duties as county in-
spectors under this Act, so far as the same
are applicable. They shall also discharge
such other duties as may be prescribed by the
board of school trustees, by vhom they are
appointed, or by the regulations of the Edu-
cation Department.

Inspectors in cities and towns shall perform similar
•duties as county inspectors, as far as practicable, and shall,
in addition, perform such other duties as may be prescribed
by the board of trustees. In cities with more inspectors
than one, each inspector may be required to report
separately to the Education Department. (D.R., s. 75.)

157. (i). Inspectors in cities and in towns Appointment ot

^ I irispectors in

separated from the county shall be appointed '='""*"'^'°''"'-
by the board of Public School trustees, and
shall be subject to dismissal by the Lieutenant-
Governor in Council or by a majority of the
members of the board, in case of inefficiency
or misconduct, or by a vote of two-thirds of
' the board without cause, and no such in-
spector shall be reappointed without the
concurrence of the party who dismissed him.

Compare with section 152.

lien more
an one

(2). When the teachers engaged by the,^
trustees of any city exceed three hundred in Lppoint°ed!
numbei the board shall appoint two inspectors,

210

Public Schools Act.

not I

Grants in aid of

inspector's

salary.

Sees. 157, ;^nd likewise an additional inspector for every
three hundred teachers on the staff above six
hundred.

Payment of |58 (j). Whcn the PubHc School board

inspectors -ww. \

*"'"ep"rat°er* of any town not separated from the county
has before the passing of this Act appointed
an inspector, other than the county inspector
within whose district such town is situated,
the county treasurer, on demand, shall pay
to the order of such board a sum of money
equal to the amount collected within such
town for the payment of the salary of the
county inspector.

(2). The Lieutenant-Governor in Council
may direct annually the payment out of the
Consolidated Revenue of a sum not exceeding
$5 for every teacher occupying a separate
room with a separate register, to the school
board of any city or town separated from the
county, towards the payment of the salary of
the Public School inspector.

Inspector not to 159. No iusDcctor of schools shall, during:

'hold other ^ * .

offices. }^jg tenure of office, engage in or hold any ,

other employment, office or calling which
would interfere with the full discharge of his
duties as inspector.

The inspector may not become or act as agent for any
person or persons to sell, or in any way to promote the sale
for such person or persons, of any school library, prize, or
text-book, map, chart, school apparatus, furniture, or
stationery, or to receive compensation or other remuneration

Inspixtors or' Citiks and Towns. 211

or equivalent for such sale or for the promotion of sale in Sees. 159,
any way whatsoever (s. 210, s s. i).

ill I rrtain cute*.

160. In cases where any inspector reciuiresli^eKule
the testimony of witnesses to the trutli of any
fact alleged in any complaint or appeal made
to him or to the Minister of Education or the
Education Department, it shall be lawful for
such inspector to administer an o.ith to such
witnesses, or to require their solemn affirma-
tion before receiving their testimony.

An affirmation may be accepted in place of an oath in
certain cases.

Persons belonging to certain religious sects, namely,
(^)uakers, Mennonists,or Tunkers, or members of the chu > h
known as the "Unitas Kratrum," often called the Moravian
('hurch, after making the following declaration or affirma-
tion, namely : " I, A. B,, do solemnly, sincerely, and truly
declare and affirm that I am oneof the society called (,)uakers,
Mennonists, Tunkers, or Unitas Fratrum, or Moravians "
(<is the case may />e), may make an affirmation or declaration
as follows : " I, A. }>,, do solemnly, sincerely, and truly
affirm," etc., and such affirmation shall have the same
force and effect, to all intents and purposes, as an oath
taken in the usual form. (R.S.O., 1887, c. 61, s. 12.)

Persons called as witnesses, who refuse or are unwilling
from alleged conscientious motives to be sworn, may,
instead of being sworn, make their solemn affirmation or
declaration as follows, namely : " I, A. B., do solemnly,
sincerely, and truly affirm and declare that the taking of an
oath is, according to my religious belief, unlawful ; and I do
also solemnly, sincerely, and truly affirm and declare," etc.,
and this solemn affirmation and declaration shall be of
the same force and effect as if such persons had taken an
oath in the usual form. (lb., s. 13.)

Persons who object to take an oath, or who are
objected to as incompetent to take an oath, may, on the

212

Public Schools Act

Sees. i6o, presiding officer being satisfied that the taking of an oath
would have no binding effect on their conscience, make
the following promise, affirmation, and declaration,
namely : " I solemnly promise, affirm, and declare that
the evidence given by me to the Court shall be the truth,
the whole truth, and nothing but the truth."

And upon such persons taking such solemn affirmation
and declaration, their evidence shall be taken. ('//'., s. 14.)

See also 56 Vict. (Dom.), c. 31, ss. 22 to 24.

Allowance
arbitrators
inspectors.

to
and

ALLOWANCE TO ARBITRATORS AND INSPECTORS.

161. (i). All persons engaged as arbitrators
on any matter arising under this Act shall be
paid the sum of four dollars per diem and
travelling expenses. In making their award
the arbitrators shall, among other things,
determine the liabilities of the parties con-
cerned therein for the costs of such arbitra-
tion, and such determination shall be final
and conclusive.

Arbitrators have no power to fix the amount of their
own fees. (Boyle v. Humphrey^ i P.R. 187 ; McCtilloch v.
White, szC^.'&.llx.)

Allowance to
inspectors in
certain cases.

(2). When any complaint is made to an
inspector with regard to any matter affecting
the validity of the election of a Public School
trustee, or the procedure of a school meeting
requiring the taking of evidence where the
cause of complaint arose, the trustees of the
school section concerned shall pay the in-
spector while conducting such investigation
the sum of $4 per diem and travelling ex-
penses.

Superannuation.

213

SUPERANNUATION.

Sees. 162,
163.

162. Every teacher or inspector whose superannuation

. I- Fund.

name is entered as having paid into the fund
for the support of superannuated teachers,
may contribute to such fund in such manner
as may be prescribed by the Education De-
partment, the sum of at least $4 annually.

In order to be entitled to any portion of the legislative
appropriation for superannuated teachers, every teacher of
a high, public, or separate school, and every inspector, must
have contributed $4 annually to the Superannuation Fund
during the whole time of his professional service, or have
paid all arrears before ist July, 1886. Should a subscriber
neglect to pay his contribution before the 31st December
in any year, the payment to be made shall then be $5.
(D.R., s. 84, s ss. I, 2.)

163. (i). On the decease of any teacher or^epaymenno
inspector, his wife her husband, or other legal fe^^hlr.''
representative, shall be entitled to receive

back the full amount paid into the super-
annuation fund by such teacher or inspector,
with interest at the rate of seven per cent,
per annum.

(2). No teacher or inspector who has
reached the age of sixty years shall be held
to be disqualified from superannuation by
reason of his having retired from active ser-
vice before reaching the age of sixty, provided
that such teacher or inspector has served for
a period of thirty-five years, and that no pay-
ment shall be made to such teacher or in-
spector until he has reached the age of sixty.

214

Public Schools Act.

Sees. 163,
164.

A case might happen under this section of a teacher
who, although having served thirty-five years, dies before
attaining sixty years, and who would, in consequence, not
be entitled to share in the fund ; but under the preceding
sub-section his wife, or her husband, or other legal repre-
sentative, would be entitled to receive back the money
paid by him or her into the fund, with interest at seven
per cent.

Although under sixty years of age, however, if the
teacher furnishes proof of disability annually to the Depart-
ment, he is entitled to share in the fund (s. 165). The
retiring allowance is withdrawn whenever the disability
ceases. (D.R., s. 84, s-s. 4.)

Right of teacher
to retire on
reaching sixty
years of age.

164. (1). 1*2 very teacher or inspector who,
while engaged in his profession, contributes to
the superannuated teachers' fund as provided
by this Act, shall, on reaching the age of sixty
years, be entitled to retire from the profession
at his discretion, and receive an allowance or
pension at the rate of $>6 per annum, for every
year of such service in Ontario, upon furnish-
ing to the Education Department satisfactory
evidence of good moral character, of his age,
and of the length of his service as teacher or
inspector.

In the case of inspectors, or local superintendents, who
are now inspectors, services as an inspector shall be con-
sidered equivalent to services as a teacher. (D.R., s. 84,
s-s. 3.)

Teachers or inspectors, sixty years of age, are entitled
to superannuation, provided the regulations mentioned
under section 162 regarding payment and arrears have been
complied with, without proof of disability. In all cases,
evidence of good moral character is required. (Ib.^ s-s. 5.)

Payments on account of superannuation commence

Superannuation.

215

with the year following that in which applications were Sees. 164,
approved by the Education Department. {lb., s-s. 6.)

(2). Every pension payable under this Act ^f/o™'*'''
may be supplemented out of local funds by
any municipal council or Public School board
at its pleasure.

This is optional, in the discretion of the council or
school board.

(3). To remove doubts — nothing in thisAj^Pl;'=„*"°"°^
section contained shall be held as applying to
any person who, prior to 1871, had ceased to
be engaged in his profession as a teacher, and
had not, prior to the 30th day of March, 1885,
contributed to the said fund, and no payment
for arrears shall be hereafter received.

165. Every teacher or inspector, under sixty ^nae^suty.
years of age who has contributed as aforesaid,

and who is disabled from practising his pro-
fession, shall be entitled to a like pension, or
local supplementary allowance, upon furnish-
ing the like evidence, and upon furnishing to
the Education Department from time to time,
in addition thereto, satisfactory evidence of his
being disabled.

" P'rom time to time " means "annually." (D.R., s. 84,

s-s. 3-)

166. Every teacher or inspector entitled to »■ per annum

-' I extra to certain

receive an allowance from the superannuated"'"'*'®"
teachers' fund, who holds a first or second-class
provincial certificate, or a first-class county

2l6

Public Schools Act.

le^'^es'ie' ^^^'"^ certificate, or who is a principal of a
High School or CoUeginte Institute, shall, in
addition to said allowance or pension, be en-
titled to receive a further allowance at the rate
of $1 per annum for every year of service
while he held such certificate, or while he acted
as principal of a High School or Collegiate
Institute.

Proviso in re- 167. The retiring allowancc shall cease at

gard to good "

moral charac.er. fhg ^losc of 'the year of thc death of the re-
cipient, and may be discontinued at any time
should the pensioned teacher fail to maintain
a good moral character, to be vouched for
(when requested) to the satisfaction of the
Education Department.

Teacher resum- 168. If any Dcnsioncd teacher or inspector

ing profession ' J r r

shall, with the consent of the Education De-
partment, resume the profession of teaching or
inspecting, the payment of his allowance shall
be suspended from the time of his being so
Again retiring, engaged. In case such teacher or inspector is
again placed on the superannuation list a pen-
sion for the additional time of service shall be
allowed him, on his compliance with this Act,
and the regulations of the Education Depart-
ment.

Forfeiture of
claims.

169. Any teacher or inspector who, having
resumed his profession, draws or continues to
draw upon the superannuation fund for any
part of his allowance as a superannuated

Non-Resident Pupils.

217

selves of Act.

teacher, shall forfeit all claim to the fund, and Sees. 169.

. 170, 171, 172.

his name shall be struck off the list of super-
annuated teachers.

170. In the case of those teachers or in- Jva'iiS'he';-'
spectors who may not avail themselves of the
provisions of section 162 or 171 of this Act,
the provisions of sections 163 to 171 inclusive
shall apply ^o far as relates to all sums of
money already paid into the fund for the sup-
port of superannuated teachers.

iiient to
butors.

171. Any teacher who retires from the pro-^j;p^y,
fession, or any teacher or inspector who desires
to remove his name from the list of contributors
to the superannuated teachers' fund, shall be
entitled to receive back from the Minister of
Education one-half of any sums paid by him
or her to the fund, through the Public School
inspector, or otherwise.

NON-RESIDENT PUPILS.

172. (I). The trustees of every Public AJmission of

^ _ -' nonresident

School shall admit to their school any non-P"^"^-
resident pupils who reside nearer such school
than the school in their own section, providing
always the inspector reports the accommoda-
tion of the school room sufficient for the
admission of such pupils. In case of dispute
as to the distance from the school, the decision
of the inspector shall be final.

Two requisites are necessary under this section for the
children of a non-resident to attend a school other than the
school of the section in which they reside: — (i) There

2l8

Public Schools Act.

Sec. 172.

Fees of non-
resident pupils.

must be accommodation, certified to by the inspector, in
the school to which such pupils wish to go ; and (2) they
must reside nearer to such school than to the school in
their own section. In case of any dispute in regard to
distance, the decision of the inspector is final.

(2). The parents or guardians of such non-
resident children shall pay to the trustees of
the school to which their children have been
admitted such fees monthly as may be
mutually agreed upon, provided such fees,
together with the taxes paid to such school
(if any), do not exceed the average cost of
the instruction of the pupils of such school.

one"ection°* (3)' ^^Y P^rson residing in one school sec-
ch"id'r"n'ro tion, and sending his children to a neighbor-
e. sec ion. .^^ school, shall, be liable for the payment of
all rates assessed on his taxable property for
the school purposes of the section in which he
resides, but it shall be lawful for any board
of trustees to remit so much of the school
rates of any such person as would be the
equivalent of the fees paid to the trustees of
the neighboring section.

Pupils in house (4). In case a county council establishes a

of refuge. ' ^ •'

house of refuge in any county any person of
school age maintained in such house of refuge
shall for the purposes of this Act be deemed
a non-resident, and the county council shall
pay to the trustees of the school attended by
such person or persons such monthly fees as
may be mutually agreed upon, provided such

Holidays.

219

fees do not exceed the average cost of the ^"*- '72.

173-

instruction of the pupils of such school.

As the name indicates, a house of refuge is intended for
the poor, the destitute, and the idle. As to the powers of
municipal corporations to estabUsh such houses, see The
Consolidated Municipal Act, s. 460.

HOLIDAYS.

173. (i). The Public School teaching year
shall consist of two terms: in townships the
first shall begin on the third Monday of
August, and end on the 22nd day of Decem-
ber; the second term shall begin on the
3rd day of January, and end on the 30th day
of June.

(2). In cities, towns and incorporated villages Terms
the first term shall begin on the last Monday
of August, and end on the 22nd day of
December ; the second term shall begin on
the 3rd day of January, and end on the 30th
day of June, with holidays during the week
following Easter Sunday.

(3). Every Saturday, every public holiday*
and every day proclaimed a holiday by the
authorities of the municipality in which the
school section is situated, shall be a holiday •
in Public Schools.

As to the payment of teacher's salaries for the authorized
holidays occurring during the period of his service, see
section 135.

Teachers are forbidden to make up lost time by
teaching on a holiday or during vacations ; any attendance

220

Public Schools Act.

Sees. 173, during such time should be disallowed by the inspector.
174. 175. p R^ g 6^ g.g jg^

Only authorized
text-books to be
used.

Change of text-
book.

AUTHORIZED BOOKS.

174. No teacher shall use or permit to be
used as text books any books in a Model or
Public School, except such as are authorized
by the Education Department, and no portion
of the legislative grant shall be paid by the
inspector to any school in which unauthorized
books are used.

As to the powers of the Education Department to
authorize the use of certain text-books, see The Educatum
Department Act, iSqi, section 4 (2).

Under section 40 (6), the trustees of rural public schools
are required to see that the pupils of their schools use
only the authorized text-books. And it is also the duty of
trustees in cities, towns, and incorporated villages to see
that the same thing is done in their schools (s. 107, s-s. 8).

See section 210(1) as to sale of text-books, etc., by
teachers, trustees, or inspectors. And see D.R., s. 83, as
to mode of authorizing text-books.

As to text-books now authorized for use in public
schools, see Appendix.

175. Any authorized text book in actual
use in any Public or Model School may be
changed by the teacher of such school for any
other authorized text book in the same subject
on the written approval of the trustees and
the inspector, provided always such change is
made at the beginning of a school term, and
at least six months after such approval has
been given.

Special Inquiries.

221

176. In case any teacher or other person ^*'^^,'^®'
shall negligently or wilfully substitute any ^,_^,^,.^^„'^,
unauthorized text book in place of any book's'"*
authorized text book in actual use upon the

same subject in his school, he shall for each
such offence, on conviction thereof before a
Police Magistrate or Justice of the Peace, be
liable to a penalty not exceeding $10 payable
to the municipality for Public School pur-
poses, together with costs, as the Police
Magistrate or Justice may think fit.

SPECIAL INQUIRIES.

177. The Minister of Education shall have K2'""ne''>»on.
power to appoint one or more persons, as he

may deem expedient, to inquire into and
report to him upon any school matter ; such
inspector or other person or persons shall be
entitled to such remuneration out of any
moneys appropriated by the Legislature for
that purpose as may be deemed just and
equitable, considering the nature and extent
of the duties to be performed. Such person Power to com-

* niissioners to

or persons, or any of them, shall have power ^'J;]''^"'^"^'^
to administer oaths to witnesses, or require
them to make solemn affirmation of the truth
of the matters they may be examined upon.

See remarks under section 160, p. 211.

178. In any matter of inquiry which the^^g^^S^,

Minister is by law authorized to institute,"*"
make or direct, a writ or writs of subpoena ad

nesses.

222

Public Schools Act.

Sees. 178, testijicandum and also duces tecum may issue
from the His[h Court upon the prcccipe of the
Minister of Education therefor, containing the
names of the witnesses intended to be sum-
moned thereby, to be directed to such person
or persons for him or them to attend and give
evidence under oath, at such times, and
places, and before such person or persons as
the Minister shall appoint, and any default of
any such person in obeying any such subpoena
shall be punishable as in the like case in any
action or cause in the said Court.

Any number of names may be included in one subpoena
(Con. Rule 561); but it is not necessary that the copies served
should contain the name of any other witness than the one
on whom the copy is served.

A sufficient sum must be paid or tendered to the per-
son so served for his fees as a witness, and if they are not
paid he may refuse to attend for examination, or, if attend-
ing, may refuse to be sworn, until paid. ( Brocas v. Lloyd,
23 Beav. 129; Wiltshire v. Marshall, W.N., 1866, 80;
Davey v. Durrani, 24 Beav. 493 ; Robins v. Carsons,
2 Chy. Ch. 343 ; Bolkow v. Foster, 7 P.R. 388 ; Stnith v.
Greey, ii P.R. 345.)

If the person so served as above does not attend for
examination, he may be committed to jail. (Con. Rule
499.) The defaulting party is entitled to two days' notice
of a motion to commit him (Con. Rules 479, 879); which
motion should be made in open Court. (Southwick v.
/Tflre^/tr/., 15 P.R. 331.)

Appeals iroin
DivisionCourts.

APPEALS FROM DIVISION COURT DECISIONS.

179. The Judge of any Division Court
wherein any action between teachers, in-
spectors, trustees, or others acting under this

Appeals.

22J

Act, or The Iliirfi Schools Ac/, is tried, may, S"*\i^'''

' •" ' • J 100, 181.

at the re(iuest of either party, order the
entering of judgment to be delayed for a
sufficient time to enable such party to apply
to the Minister of Education to appeal the
case.

Under section 138 all matters of difference between
trustees and teachers in regard to salary or other remunera-
tion shall be brought before the Division Court of the
district where the cause of action arose, subject to the
appeal provided by this and the following sections.

180. The Minister may, within one month Mi"'s'""'av

-' ' appeal to Huh

after the rendering of judgment in any such^'
case, appeal from the decision of the Division
Court Judge to the High Court at Toronto,
by serving notice in writing of such appeal
upon the clerk of the Division Court appealed
from, which appeal shall be entitled "The
Minister of Education for Ontario, Appellant,
in the matter between (A. B. and C. D.)."
But nothing herein contained shall be held to
interfere with the right of any of the parties
to the action exercising the ordinary right of
appeal.

appeal
Jourt.

i'.

papers I
^ourt.

181. The Judge whose decision is thus j»dge to send

•' " papers to Hig

appealed trom, shall thereupon certify under "^
his hand, to the Registrar of the Division of
the High Court appealed to, the summons
and statement of claim and other proceedings
in the case, together with the evidence and
his own judgment thereon, and all objections

224

Public Schools Act.

Sees. i8i, made thereto. After notice of appeal has
182, 183, 184. . * *

No ut^er pro. ^6611 servcd as hereinafter provided no further
ukena''neV°no. procecding shall be had in such case until
oceo appea. ^j^^ matter of appeal has been decided by the
High Court.

irocVdlZ'io^ 182. On the Judge receiving a notice of
■lie Minister, j^ppg^j ffo,yj ^jg dccisiou (under the authority

of this Act), he shall thereupon certify under
his hand, to the Minister of Education, the
statement of claim and other proceedings in
the case, together with the evidence and his
own judgment thereon, and all objections
orici of Court, thercto. The High Court shall give such
order or direction to the Court below, touch-
ing the judgment to be given in the matter,
as the circumstances of the case require.
Divuion'cmir" Upott Tecelpt of such order, direction, and
decM''"' certificate, the Judge of the Division Court
shall forthwith proceed in accordance there-
with.

183. The Court may also in its discretion
award costs against the appellant, which costs
shall be certified to and form part of the
judgment of the Court below. All costs
awarded against an appellant, and all costs
incurred by him, shall be paid by the
Minister, and charged as contingent expense
of his office.

Costs.

SCHOOL VISITORS.

Public school
visitors defined.

184. All judges, members of the Legisla-
ture, members of county councils, and alder-

School N'isitoks.

2^5

me!i alinll be scliool visitors in the muni- Sec" 't-*-

185, 186.

cipalities wliere tliey respectively reside. All
clcrjLjyiiien shall be school visitors in the
municipalities where they have pastoral
charge.

Sec suction 1,51 (4), and remarks thereunder.

185. All school visitors may visit the Public ;y''«/:,;\'VA\?f''''
Schools as in this Act provided. They may ''''°"'''
also attend the examination of schools, and

at the time of any such visit, may examine
the pro;.;ress of the pupils, and the state and
management of the school, and give such
advice to the teacher and pupils, and any
otliers present, as they deem expedient.

'Ihe advice tendered to teachers, or other comments,
may be entered in the visitors' or any other book provided
for tliat purpose, at the option of the visitors.

PENALTIES AND PROHIBITIONS.

186. If any township clerk neglects or re- information
fuses to prepare and furnish the map of the^'"''
school sections of his municipality as rc(|uired

by this Act, or if he neglect for one month to
make any return required by this Act, he
shall be liable to a penalty not exceeding $10,
to be recovered before a Justice of the Peace,
for the school purposes of his municipality, at
the instance of any ratepayer thereof.

As to duties of the township clerk to prepare in dupH-
cate a s lool map of the township section, see section 13.
As to his duties in making returns, see ss. 1 1 1 and 113.

■J

226

Public Schools Act,

Sees. 187,
188, i8g.

Penalty for

187. No person shall wilfully make a false
declaration of his right to vote at any school
d'/ctefoif.'*^ meeting or election of school trustees ; and
any person convicted of a contravention of
this section, upon the complaint of any per-
son, shall be punishable by fine or imprison-
ment, at the discretion of the Court of
General Sessions; or by a penalty of not less
than $5 or more than $10 to be sued for and
recovered with costs before a Justice of the
Peace, by the Public School trustees of the
city, town, village, school section, or other
division, for its use.

See section 22, and remarks thereunder.

rineondis- 188. If auy Dcrson elected as a school

qualified person •' *

utlstle** trustee attends any meetings of the school
board as such, after being disqualified under
this Act, he shall be liable to a penalty of
$20 for every meeting so attended.

As to reasons of disqualification, see sections 190, 191.
As to qualification, see ss. 15 aix' ..S9.

Tnstees not to 189. No trustcc of a school scction shall

hold certain

offices. hold the office of Public School inspector, or

be a master or teacher within the section of
which he is a trustee ; nor shall the master or
teacher of any Public, High, or Separate
School hold the office of trustee, nor shall an
inspector be a teacher or trustee of any
Public, High or Separate School while he
holds the office of inspector.

PliNALTlKS AND PkOHIBITIONS.

227

190. Any trustee who is convicted of any Sees. ^190,
felony or misdemeanor, or becomes insane, orseatv^ie,n.y
absents himself from the meetings of the board c?imr<n" '°'
for three consecutive months, without beinj;
authorized by resolution entered upon its
minutes, or ceases to be an actual resident
within the school section for which he is a
trustee, shall ipso facto vacate his seat and
the remaining trustee or trustees shall declare
his seat vacant and forthwith order a new
election.

It is essential that the seat should be declared vacant
by the remaining trustee or trustees. See Chaplin v. Public
School Board of the To7vn of Woodstock et al., 16 O.R. 728,
cited under next section.

191. Any trustee who has any pecuniary pn^,|'reTf^*'^o^ny
interest, profit or promise or expected benefit por'a'tk)'!!!'"'
in, or from any contract, agreement or engage-
ment, either in his own name, or in the name
of another with the corporation of which he
is a member, or who receives, or expects to
receive any compensation for any work,
engagement, employment or duty, on behalf
of such corporation, shall ipso facto vacate
his seat, and every such contract, agreement,
engagement or promise shall he null and void,
and on the complaint of the remaining trustee
or trustees, the County Judge may declare the
seat vacant, and forthwith order a new
election, provided always that it shall be
lawful for the trustees of any rural school
section to allow the secretary or secretary-

228

Public Schools Act.

Sec. 19:. treasurer such compensation for his services,
for the purposes specified in this ^'^t as may
be approved at the annual meeting of the
ratepayers and duly entered in the minutes.

I'he object of this section is clearly to prevent all deal-
ings on the part of the trustee corporation with any of its
members in their private capacity ; or, in other words, to
prevent a member of the corporation, who stands in the
situation of a trustee for the public, from taking any share
or benefit out of the trust fund, or in any contract in the
making of which he, as one of the corporation, ought to
exercise a superintendence. See ^<;i,^ v. Francis, 18 Q.B. 526.
It is not necessary that the contract should be a contract
binding on the corporation. (Il>.) As to what interest in
a contract with a corporation would cause disqualification,
see AV,4,^ ^.v rel. Lutz v. Williamson^ \ P.R. 94 ; Re^. ex rel.
Moore v. Miller, 11 Q.B. 465 ; Re^. ex rel. Rollo v. Beard,
I L.J.N.S. 126 ; Reg. ex rel. Fluett v. Gauthicr, 5 P.R. 24 ;
Reg. ex rel. Piddington v. Riddell, 4 P.R. 80 ; AVj,'. v. Franklin,
6 Ir. C.L.R. 239 ; Reg. ex rel. Patterson v. Clarke, 5 P.R.
337 ■' Reg. ex rel. Coleman v. O" Hare, 2 P.R. 18; Reg. ex
rel. McLean v. Watson, i 1<.J.N.S. 71 ; Reg. ex rel. Haners.
Roberts, 7 P.R. 315 (but see Reg. ex rel. Ford v. McRac,

5 P.R. 309); Reg. ex rel. Ferris v. Her, 15 L.J.N.S. 158 ;
Reg. ex rel. Davis v. Carrutliers, i P.R. 114 (but see Royse
v. Birley, I..R. 4 C.P. 296); Reg. ex rel. Bland v. Pigg,

6 L.J. 44 ; Reg. ex rel. McMullen v. De Lisle, 8 L.J. 291.

As to what interest does not discjualify, see Reg. ex rel.
Armour v. Cosfe, 8 L.J. 290 ; Reg. ex rel. Hill v. Belts,

4 P.R- I '3-

Whether the contract is in the name of the party
himself or another is immaterial. (Collins v. Swindle,
Chy. 282 ; City of Toronto v. Boives, 4 Chy. 489 ;
6 Chy. I.)

The disqualification does not merely relate to the time
of acceptance of office, but to the time of the election.
(Reg. e'x. rel. Hill v. B-tts, 4 P.R. 113; Reg. ex rel. Rollo
V. Heard, i L.J.N.S. 126)

Pi:n'.\ltii-:s and Prohibitions.

229

It is not enough to disciualify a person to show that ho
is the agent of the person who is really the contractor.
Thus, an agent of an insurance company, paid by salary or
commission, who, both before and since the election, had,
on behalf of his company, effected insurances on several
public buildings, the property of the corporation, and who
at the time of the election had rented two tenements of
his own to the board of school trustees for school purposes,
was held not to be disqualified. f'A'c.i,''- '-^ ''^'l- ^^'{K[s v.
Sf/iM, I [..J.N.S. 129.)

Where any trustee, through being interested in certain
contracts with the board of trustees, has i/>so facto vacated
his seat, it does not, under the above section, actually
become vacant until the other members of the board have
declared it by a formal resolution, properly passed, to liave
become so vacant ; and, until this is done, no remedy will
lie by way of injunction to restrain such trustee from filling
the seat. Quo muirranto proceedings remain the only
means, under such circumstances, by which the seat can be
declared vacant. (Chaplin v. /'ii/>/ic School Hoard of the
Town of Woodstock et a/., 16 C). R. 728.) .See also similar
ruling in Hardivick v. Bro-uni, I>. R. 8 C. P. 406, and cases
commented on in above case, A\xif/i; w Mayor of IlenforJ,
2 Salk. 701, and AV.v v. Smith, 2 M. iS: S. 583.

Where a school trustee was engaged professionally by
the board to examine the pupils attending the school under
his control as to the prevalence <•'" an infectious disease
among them, and he acted as insi ucted and rendered an
account for his professional services, which the board
ordered to be paid, it was held that, notwithstanding he
afterwards declined to accept payment, on ascertaining that
the law would not allow his receiving a fee, this dis-
([ualified him as a trustee and rendered his seat vacant.
( Rei^ina e.\ re/. Stewart v. Standish, 6 () R. 408.) /// Lee v.
The PiMic School Board of the City of Toronto, 32 CP.
78, the Public School IJoard of Toronto had entered into an
agreement with and were purchasing during a certain year
their stationery and school supplies from a publishing com-
pany, of which, at and prior to the time of his election in

ec. 191.

v^np^Hiiiiv

2JO

Public Schools Act.

Sees. 191, the same year, the plaintiff was a shareholder. He was
' also a shareholder in certain insurance companies with

whom the board had effected insurance, and of The Con-
sumers' (ias Company, which supplied the board with gas.
It was held that his [)osition as a shareholder in the several
companies did not disqualify him from acting as a trustee
of the school board or render his seat vacant, and that he
had not entered into any contract by himself or with
another with the board.

And a school trustee cannot, even with the consent of
his co-trustees, be a contractor for the l)uilding of a school-
house. ( Laiiwnt V. The School Trustees of Section No. j,
Aldhoro, 5 L.J. 93.)

This section does not, however, apply to the contract of
the secretary-treasurer of a board of rural school trustees,
who is a member of such board, with his board for com-
pensation for his services, such a contract being allowed by
section 33 (3).

Penalty for not
calling school
ineetinRS.

192. In case any annual or other rural
scliool meeting has not been held for want
of the proper notice, ever}'^ trustee or other
person whose duty it was to give the notice,
shall forfeit the sum of $5 to be sued for and
recovered before a Justice of the Peace, by
any resident inhabitant in any rural school
section, for the use thereof.

See section 18 and section 40 (i i).

or school
meeting,

Penalty for dis- 193. Any pcTsou who wilfuUv disturbs, in-

turbins a school -' '_ -' '

terrupts, or disquiets the proceedings of any
school meeting authorized to be held by this
Act, or any one who wilfully interrupts or
disquiets any Public School established and
conducted under its authority, or other school,
by rude or indecent behavior, or by making a

Penalties and Prohibitions.

231

noise either within the place or where such s*^^- '93.

' 194. 195. 196-

school is kept o h,ild, or so near thereto as

to disturb the order or exercises of the school,

sliall, for each offence, on conviction thereof

before a Justice of the Peace, on the oath of

one credible witness, forfeit and pay for Public

School purposes to the school section, city,

town, or village within which the offence was

committed, a sum not exceeding $20 together

with the costs of the conviction, as the said

Justice may think fit.

194. If any person chosen as trustee re- p^nauy tor re-

•^ '■ fusing to serve

fuses to serve he shall forfeit the sum of $5. »s trustee
See remarks under section 26.

195. Every person so chosen who has not •''^nai'y for re-

•' » fusing to per-

refused to accept the office, and who at any '°"" '*"''''*•
time refuses or neglects to perform its duties,
shall forfeit the sum of $20 to be sued for
and recovered before a Justice of the Peace,
by the trustees of the school section or
division, or by any person whatsoever for its
use, as authorized by this Act.

But where persons chosen as trustees had left a meeting
of the board, refusing to act further while one M — , a
member whose seat had become vacant by reason of his
having absented himself from three consecutive meetings,
continued to sit and vote as a trustee, it was held that such
persons could not be convicted for neglect of duty under
this section. f'iV^A''- ^- Henderson et al., C.P. Divisional
Court, December 5th, 1892.)

196. If the trustees of any Public School {^^^naityjor
wilfully neglect or refuse to exercise all thcp

re-
nff to exor-
ise corporate
powers.

232

PruLii: Schools Act.

Sees. 196, corporate powers vested in them by this Act,
for the fulfilment ^ f any contract or agree-
ment made by them, any trustee or trustees
so neglecting or refusing to exercise such
power shall be held to be personally respon-
sible for the fulfilment of such contract or
agreement.

In a rase where a mandamus nisi was issued to school
trustees to levy the amount of a judgment obtained against
them, no return was made, and a rule nisi for an attachment
issued. In answer to this rule, one trustee swore that he
always had been and still was desirous to obey the writ,
and had repeatedly asked the others to join with him in
levying the rate, but that they had refused. Another swore
that owing to ill-health, with the consent of his co trustees
and the local superintendent, he had resigned his office
before the writ was granted. 'Die court, under these
circumstances, discharged the rule nisi as against these two
on payment of costs of the application, and granted an
attachment against the other trustee, who had taken no
notice of either the mandamus or rule, f'v?('.i,^ v. Trnsfces
0/ School Section jVo. 2J, Tjendinaga, 20 {).L). 528,)

The trustees can only be personally liable when they have
wilfully neglected or refused toexercisetheircorporate powers.
(Kennedy v. Burness, 15 (^.\^. 473; Kennedy v. Hall. 7
C.P. 218; Ranney \. MacklemetaL,() CV. 1^2 ; VanBuren
V. Bull et al., 19 Q.B. 633.) But where trustees decline in
good faith to exercise their corporate powers on account of
any doubt or legal dififitulty which they suppose to exist,
they are not personally liable. ( VanBun-n v. Buil ct. dl.,
19 Q.B. 633.)

Penalty on
chairman for
neglect.

197. Any chairman who neglects to trans-
mit to the county inspector a minute of the
proceedings of an annual or other rural school
section meeting over which he has presided,

Penalties and Prohibitions.

233

within ten days after the holdin<^ of sucli s^';^- ^97.
^ . . . 198. 199-

meetin<^ shall l)e liable, on the complaint of

any ratepayer, to a fine of not more tlian !ij>5

to be recovered as provided by this Act.

See section 31.

rike

198. If any trustees of any school section '-■■'''''''> f^'
refuse or ne<^lect to take proper security from"^"""
the secretary-treasurer, or other person to
whom they entrust school moneys, they shall
be held personally responsible for the moneys.

See section 33 (2).

199. If any part of the Public School fund ,';^,^t'^'f;,'f^jj;^,>'
or money is embezzled or lost, through the''^"°°""°'"^''
dishonesty or faithlessness of any trustee,
secretary-treasurer, or other person to whom
it has been intrusted, and proper security
against the loss has not been taken, the
person or persons whose duty it was to have
exacted the security shall be personally
responsible for the sums so embezzled or
lost ; and such sums may be recovered from
him or them by the person entitled to receive
the same, by action in any Court having
jurisdiction to the amount, or by information
at the suit of the Crown.

See section 33 (2).

A school trustee having money in his hands, not as
secretary and treasurer of a board, or in any official capacity,
cannot be said to embezzle such money, his duty as a
trustee not requiring or authorizing him to receive it.
{Ferris \. Invin, loC. F. 116.)

234

Public Schools Act.

Sees. 200,

201.

Penalty on
secrcttry-
treasiiier or
trustee fo:
refusing tu
account.

Mode of
proceeding.

200. No secretary-treasurer appointed by
the school trustees of any school section, and
no person having been such secretary-
treasurer, and no trustee or other person who
may have in his possession any books, papers,
chattels, or moneys, which came into his
possession as such secretary-treasurer, trus-
tee or otherwise, shall wrongfully withhold, or
neglect or refuse to deliver up, or account for,
and pay over the same or any part thereof to
the person, and in the manner directed by a
majority of the school trustees for the school
section then in office, or by other competent
authority ; and such withholding, neglect or
refusal to deliver up or account for, shall be
punishable, as provided in the three following
sections of this Act.

201. (I). Upon application to the Judge
of the County Court, by a majority of the
trustees, or any two ratepayers in a school
section supported by their affidavit made
before some Justice of the Peace, of such
wrongful withholding or refusal, the Judge
shall make an order that such secretary-
treasurer, or person having been such secre-
tary-treasurer or trustee, or other person, do
appear before him at a time and place to be
appointed in the order.

(2). Any bailiff of a Division Court, upon
being required by the Judge, shall serve the
order personally on the person complained

Pknalties and Pkohihitions.

2.^5

against, or leave the same witli a erovii-un ^"*- '°''

>"^ ' e> I 202, 303.

person at his residence.

e to issue
rder.

202. At the time and place so appointed, ^;;js;
the Jud<^e l)ein<:( satisfied that service has
been made, shall, in a summary manner, and
whether the person complained of does or
does not appear, hear the complaint, and if he

is of opinion that the complaint is well
founded, the Judge shall order the person
complained of to deliver up, account for, and
pay over the books, papers, chattels, or
moneys as aforesaid, by a certain day to be
named by the Judge in the order, together
with such reasonable costs incurred in making
the application as the Judge may tax.

203. In the event of non-compliance with iiS'"'.of no"

i coinplianco

the terms specified in such order, or any or order.'"*"^ ^
either of them, the Judge shall order the said
person to be forthwith arrested by the sheriff
of any county in which he may be found, and
to be committed to the common gaol of his
county, there to remain without bail until the
Judge be satisfied that the })erson has de-
livered up, accounted for, or paid over the
books, papers, chattels or moneys in question,
in the manner directed by the majority of the
trustees, or other competent authority as
aforesaid ; upon proof of his having so done,
the Judge shall make an order for his dis-
charge, and he shall be discharged accord-

'•' aw

•3 »

giy

J36

Public Schools Act.

Sees. 204. 204. No such proccedin*' shall impair or
205, 206. . * . ^ .

,,,, — . affect any other remedy which the saiu

Olher renieiiy J '

not aflecu.!. tTustccs, or othcr Competent authority, may
have against the secretary-treasurer, or jierson
havinj4 been such secretary-treasurer or his
sureties, or against any trustee or other person
as aforesaid.

penaityon 205. Thc trustccs, or tlicir secretary -

trustees refusing ' •'

e\'c?"""aii°dh'or. trcasuTer in their behalf, shall not refuse to
furnish the auditors of any accounts of a
rural school section, oi either of theiii, with
any papers or information in their power, and
which may be recjuired of them relative to
their school accounts, and any contravention
of this section upon prosecution therefor by
either of the auditors, or any ratepayer, shall
be punished by fine or imprisonment, as pro-
vided by this Act.

See section 37 (2).

Penalty for
neglect to send

206. In case the trustees of any rural
?etu7ns"'^ school scctioH neglcct to transmit to the
county inspector, on or before the 30th day
of June, and the 31st day of December in
every year, a correct and verified statement
of the average attendance of pupils in each
of the schools under their charge during the
six months then immediately preceding, then
the school section shall not be entitled to the
apportionment from the school fund for the
said six months, and the trustees so neglect-

Pknai.tiiis and Pkohiiutions.

-'J7

in^ shall be personally responsible for the s*<=^ '°^'
amount of the loss of such apportionment.

Set' section 40 (2).

207. In case the trustees of any sch()()iderayinK°y'(a.iy
section neujiect to prepare and forward the"'"'"'
aforesaid annual report to their county in-
spector by the 15th day of January in every

year, each of them shall, for (;very week after
such 15th day of January, and until such
report has been prepared and presented, for-
feit the sum of $5 to be sued for by the
county inspector, and collected and applied in
the manner provided for by this y\ct.

See section 40 (13).

208. (i). If any trustee of a Public School ^^/.I^^Xw"
knowinjjjly sij^ns a false report, or if any teacher"" '■''«'"^"'
of a Public School keeps a false school
re^'ister, or makes a false return, with the

view of obtaininj^ a larger sum than the just
proportion of school moneys coming to such
school, the trustee or teaciier shall, for every
offence, forfeit to the Public School fund of
the iminicipcilily the sum of $20 for which any
person whatever may prosecute him before a
justice of the Peace, and the trustee or
teacher may be convicted on the oath of one
credible witness other than the prosecutor.

See section 40 (13), and section 131 (2) and (9).

(2). If upon conviction, the penalty is not Recovery by
forthwith paid, the same shall, under the

2J8

Public Schools Act.

SecB. ao8, wamint of the justice, be levied with costs hv

aog, 210. . -^ •'

distress and sale of the ^oods and chattels of
the offender.

(3). The penalty, when so jxiid and col-
• lected, shall by the Justice be paid over to the
said Public School fund.

Application of
penalty.

209. (i). The trustees of every school

Trustees per-
sonally respon-

?ist' °'""'"''^* section shall be personally responsible for the
amount of any school moneys forfeited by or
lost to the school section in consecjuence of
the neglect of duty of the trustees durin^i; their
continuance in office.

(2). The amount thus forfeited or lost shall
be collected and applied in the manner pro-
vided for by this Act.

t^:.

.No inspector,
trustee, teacher,

GENERAL PROHIBITIONS. •

210. (i). No teacher, trustee, inspector, or
aRent'°foTthe t)ther pcrson officially connected with the
n?ip°,^el'c'.°'''' Education Department, the Normal, Model,
Public, or High Schools or Collegiate Insti-
tutes, shall become or act as agent for any
person or persons to sell, or in any way to
promote the sale for such person or persons, of
any school, library, prize or text-book, maji,
chart, school apparatus, furniture or stationer}-,
or to receive compensation or other remunera-
tion or e{]uivalent for such sale, or for the
promotion of sale in any way whatsoever.

upkeyletc^'"^ (2). Any teacher who refuses to give up
possession of any visitor's book, school register,

ReCOVKKY of PkNALTII'S.

230

of
ap,

!r\,

the

up
ter,

schoolhouse key or any otlu'r school property ^^'^f *'°'
in his possession shall not he deemed a (juali-
fied teacher until restitution is made, and
shall also forfeit any claim which he may have
against the said trustees.

It is the duty of the teacher to dehver up the school
registers and keys on the demand or order of the majority
of the trustees employing him (s. 131, ss. 6).

now i'iNi:s AND i'i:NAi/ni:s may lu: kiuovicki-d.

211. (1). Unless it is in this Act otherwise now pen^iiift.

^ ' ^ _ _ miller this Act

provided, all lines, penalties, and forfeitures ^^•;:j,\,^;!;,,,^
recoverable by summary proceeding's, may be
sued for, recovered, and enforced with costs,
by and beft)re any Police Maj^istrateor Justice
of the Peace havinj; jurisdiction within the
school section, city, town, or villa<;e in which
such fine or penalty has been incurred.

(2). If the line or penalty and costs are not
forthwith paid, the same shall, by and under
the warrant of the convictin<f Justice, be
enforced, levied and collected with costs, by
distress and sale of the floods and chattels of
the offender, and siiall be by the Police
Ma<;istrate or Justice paid over to the school
treasurer of the school section, city, town, or
village, or other jxirty entitled thereto.

(3). In default of such distress, the Police
Magistrate or Justice shall, by his warrant,
cause the offender to be imprisoned for any
time not exceeding thirty days, unless the fine
and costs, and the reasonable expenses of

%\i

:s'

240

Public Schools Act.

Sees. 2u, ende'ivorin<; to collect the same, are sooner

212, 213. f^ '

paid.

CONFIRMIN(; AND SAVING CLAUSES.

S';a''r°ed'be?or. 212. All hiiids wliicli prcvlous to the 24th
t' ;st'^^s'foV" da}' of July, 1850, were j^^ranted, devised or
otherwise conveyed to any person or persons
in trust for common school purposes, and held
by such person or persons and their heirs or
other successors in the trust, and have been
heretofore vested in the Public School trustees
of the school section or division in which such
lands are respectively situate, shall continue
vested in such trustees, and shall continue to
be held by said trustees and their successors
upon the like trusts and subject to the same
conditions and estates upon or subject to
which the said lands are now respeciively held.

Law as to
Roman Cstholic

213. Chapter 225 oi the Revised Statutes
';:Scte'd'°°''of Ontario, 1887, and Chapter 51 of the
Statutes passed in the 52nd year of Her
Majesty's rei^n, are hereby repealed, but such
repeal shall not in any manner or for any
purpose be deemed or taken to alter, vary,
affect or repeal any provision of law relating
to Roman Catholic Separate Schools or the
supporters thereof.

— -i^^:

Sec. I.

AN ACT RESPECTING TRUANCY

AND COMPULSORY SCHOOL

ATTENDANCE.

54 Victoria, Ciiapter 56.

ITER MAJESTY, by and with the advice
^ A and consent of the Legislative Assembly
of the Province of Ontario, enacts as follows: —

1. Where the words following occur in this interpretation.
Act they shall be construed in the manner
hereinafter mentioned, unless a contrary in-
tention appears.

(i). "School" shall mean a Pubi-.c, Sepa-" school."
rate, or Private School, at which instruction is
given regularly in reading, spelling, writing,
grammar, geography and arithmetic.

(2). "Inspector" shall mean an inspector "inspector.-
of Public or Separate Schools.

(3). "Principal" shall mean the head "''■''"'='?=''•"
teacher of any Public, Separate, or Private
School.

242 Truanxy and Compulsory Attendance.

Sec8^, 3. 2, All children betvveen eight and fourteen
eiS.t'?oun"en years of age, shall attend school for the full

to attend school. . ■< ■ I'li 1 ir,i

term during which the school oi the section or
municipality in which they reside is open each
year, unless excused for the reasons herein-
after mentioned, and if the parents or guardians
having legal charge of such children shall fail
to send them to school regularly for said full
term, or if such children shall absent them-
selves from school without satisfactory excuse,
such parents, guardians and children shall be
subject to the provisions and penalties of
section lo of this Act.

A statute compelling children under fourteen years of
age to attend school a certain length of time each year is
not unconstitutional on the ground that it interferes with
the parents' authority and right to direct as to the education
of their children. ( Qui^^hy v. State, 5 Ohio C.C. 638.)

The reasons excusing children from attendance at school
under this section are set out in section 4 hereof. Persons
with whom children under fourteen years of age reside are
subject to the same duties with regard to instruction as
parents are under the above section, and are also lial)le to
the penalties prescribed by sections 9 and 10 of this Act.
See next section.

Where any proceedings are taken against a par^'nt or
guardian under the provisions of this Act for the non-
attendance of his child at school, it lies on such parent or
guardian to prove that such child is not of the age he is
alleged to be (s. x8).

wuii''wha',"°'" S» '^"y person who receives into his house
children reside. ^ ^j^-j^| ^^f .^^^^, ^^^^^^^ person, Under the age of

fourteen years, and who is resident with him
or in his care or legal custody, shall be deemed

Truancy and Compulsory Attendance. 243

thereby to be subject to the same duty with ^^'^^^ 3> 4-
respect to the instruction of such child during
such residence as a parent, and shall be liable
to be proceeded against as in the case of a
parent, if he should fail to cause such child to
be instructed as required by this Act; but the
duty of the parent under this Act shall not
thereby be affected or diminished and shall
continue in full force.

4. No parent, guardian or other person exceptions.
siiall be liable to any of the penalties of this
Act in respect of any child:

(I). If the child is under efficient instruction
at home or elsewhere ;

(2). If the child is unable to attend school
by reason of sickness or other unavoidable
cause ;

(3). If there is no school within two miles,
measured by the nearest road from such
child's residence, if such child is under 10
years of age, or within three miies if over this
age;

(4). If there is no accommodation in the
school which the child has the right to attend;

(5). If the child has been excused, as here-
inafter provided, from attending school by a
Justice of the Peace, or by the Principal of
the school which such child is entitled to
attend ;

(6). If the child has passed the entrance

244 Truancy and Compulsory Attendance.

Sees. 4, 5, examination for High Schools prescribed by
the Education Department. ,

Under the (English) Elementary Education Act, 1S70,
it is declared that " any of the following reasons shall be a
reasonal)le excuse " for the non-attendance of a child
between the ages of five and thirteen years at school,
namely: "That the child is under efficient instruction in
some other manner ; that the child has been prevented
from attending school by sickness or any unavoidable
cause ; that there is no public elementary school open
which the child could attend within two miles from the
residence of such child." And where it was shown that
the non-attendance was caused by the child, a girl aged
twelve, with fair elementary instruction, having been in
respectable employment, earning wages, which she gave
to her parents, who were poor, industrious, and respectable
people, and applied tht m to the support of their other
children, whom otherwise, from no fault of the parents,
they would have been unable sufficiently to support, it
was held that these facts constituted a "reasonable excuse"
for non-attendance. (London School Board v. Di/ggan, 13
Q.B.I). 176; 53 L.J.M C. 104; see also Jh'her School
Boards. Bailey, ^^.^X). 259: 51 L.J.M.C.91 ; 46J.P.438.)

The fact that a child is a Roman Catholic is also a
reason which will excuse the attendance of such child at a
public school (s. 19). And vice versa.

li iiployment
of children

5« (I). Subject to the provisions of the
hoursyo'-'°°' preceding section no child under the age of
h.bued. fourteen years shall be employed by any

person, during school hours while the Public
School of the section or municipality in which
Penally. the child resides is in session, and any person

employing any child contrary to the pro-
visions of this section, shall be liable to a
penalty of twenty dollars for each offence.

Truancy and Compulsory Attendance. 245

(2). Where in the opinion of any Justice of Sees. 5, 6. 7.
the Peace or of the Principal of the school ,';^'i'^^j»|or°'
attended by any child the servi'^es of such rXvTchud^

1-11 • 1 • 1 1 • froinattend-

child are required in husbandry 01 in urgent ■'"'■e.
and necessary household duties, or for the
necessary maintenance of such child or of
some person dependent upon him, such
Justice of the Peace or Principal may, by
certificate setting forth the reasons therefor,
relieve such child from attendance at school
for any period not exceeding six weeks during
each Public School term.

6. Any child between eight and fourteen [■,^';y'^,;^^|;^';'[«'^
years of age, who has been expelled from schools'.'''
school for vicious, and immoral conduct,

may on the same being proven before the
proper Court, be sent to an Industrial School
as the Court in its discretion may deem ex-
pedient, subject to the provisions of the Act
respecting- Industrial Schools.

7. (I). The police commissioners, or, in '^ppo'""?''"'

r ' ' and regulation

cases where there are no police commis-omcers"'
sioners, the municipal council, of every city,
town and incorporated village shall appoint
one or more persons to act as truant officers
for the enforcement of this Act. The truant
officer shall, for the purposes of this Act, be
vested with police powers, and shall have
authority to enter factories, workshops, stores
and all other places where children may be
employed, and shall perform such services as

246 Truancy and Compulsory Attendance.

Sees. 7, 8. jYia^y ]jQ deemed necessary for the enforcement
of this Act.

(2). In townships the trustees of each
school section may appoint a truant officer,
who shall have the same power and perform
similar duties as truant officers in cities, towns
and incorporated villages.

(3). Any board of police commissioners or
any municipal council or board of trustees
having authority to appoint a truant officer
shall also have authority to make such regula-
tions for his direction in the enforcement of
this Act as they may deem expedient, pro-
vided such regulations are not inconsistent
with any of the provisions of this Act, and
are approved by the Education Department.

(4). Notice of all appointments made under
this section shall be given to the inspector or
inspectors within whose district such truant
officers have jurisdiction and to the trustees
of the municipality. Every truant officer
shall report annually to the Education De-
partment according to the forms prescribed
by the Minister of Education.

Duties 3f truant g. It shall bc thc duty of truant officers to

otficeis. _ _ ■'

examine into all cases of truancy when any
such come beR^ce their notice, or when re-
quested t.^ do so by the inspector of schools,
or by any school trustee, or by any ratepa}er,
and to warn such truants, tiieir parents or

Truancy and Compulsory Attendance. 247

guardians, in writing, of the consequences of s<^'==*'- ^' 9-
truancy if persisted in ; and also to notify
the parent, guardian or other person having
the charge or control of any child between
eight and fourteen years of age when such
child is not attending school as required by
this Act, and to require such parent, guardian
or other person to cause the child to attend
some school within five days from said notice.

If a truant officer neglects to perform above duties, he
is liable to a fine of not less than $25, nor more than $50,
for each and every offence. See section 15.

For form of notice to truant, parent, or guardian, see
JFbrm 55, Appendix A.
. As to proper service of this notice, see section 14.

9. If the parent, guardian or other person <^°nvction an<i

I ' o I penalty for vio-

having the legal charge or control of any child, '*''°"°f a*^'-
shall neglect, or refuse to cause such child to
attend some school after being notified as
herein required (unless such child has been
excused from such attendance as provided by
this Act), the truant officer shall make, or
cause to be made, a complaint against such
parent, guardian c r other person, before any
Police Magistrate or Justice of the Peace
havingjurisdiction in the municipality in which
the offence occurred, and upon conviction of
such refusal or neglect, such parent, guardian,
or other person, shall be liable to a fine of not
less than five dr -^ars nor more tlian twenty
dollars, or the court may, in its discretion
require persons so convicted to give bonds in

- I

248 Truancy and Compulsory Attendance.

Sees. 9, 10. the penal sum of one hundred dollars, with
one or more sureties to be approved by said
Court, conditioned that the persons so con-
victed shall cause the child or children under
their legal charge or control to attend some
school within five days thereafter, and to
remain at school as required by this Act.

See Thompson v. Rose, 61 L.J.M.C. 26; 65 L.T. 851.

Truant officers
to institute pro-
ceedings.

10. It shall be the duty of the truant officers
appointed under this Act to institute, or cause
to be instituted, proceedings against any
parent, guardian or other persons having legal
control or charge of any child, or against any
corporation, or against any child violating any
of the provisions of this Act. No complaint
shall be entertained for any violation of this
Act, unless it appears to the satisfaction of
the Court that the alleged defender was duly
warned in writing of the consequences of his
offence by the truant officer.

A proviso in a statute making it the duty of certain
officers to cause proceedings to be instituted for the viola-
tions of its provisions requiring the attendance of children
at school a certain portion of each year, that the law shall
not apply in any school district where there is not sufficient
seating accommodation for children required to attend,
exempts such officers from the performance of that duty if the
seating capacity is insufficient for those desiring to attend,
and not only when it is insufficient for all who might of
right attend, including those attending private or parochial
schools. (Quigley v. State, 5 Ohio C.C. 63S.)

No complaint can be entertained under this Act until
the notice required by section 8 has been given to the
offender.

Truancy and Compulsory Attendance. 249

See section 15 as to penalty for neglect of the duty pre- Sees. 11, 12.
scribed by this section.

11. The assessors of every municipality Assessors to
shall annually, when makin(]j their assessment, of school' ali'e."
enter in a book, to be provided by the clerk
of the municipality, in the Form A, in the
schedule to this Act, the name, age and resi-
dence of every child between the age of eight
and fourteen years, resident in the munici-
pality, and the name and residence of such
child's parent or guardian and return the said
book to the clerk of the municipality with the
assessment roll for the use of the truant officer.

For Form A referred to in above section, see Form jd,
Appendix A.

12. It shall be the duty of the trustees of P'^'"^'p?'s""''^-

J port to truant

every school to report to the truant officer of ""'"'•
the municipality in which their school is
situated, the name, age and residence of all
pupils on the school register, who have not
attended school as required by this Act,
together with such other information as said
officer may require, for carrying out the pro-
visions of this Act. Such reports shall be
made in the last week of June and December
in each year ; and it shall be the further duty
of the trustees to report forthwith to the
truant officer all cases of truancy or expulsion
in their respective schools.

If the trustees neglect the duty laid on them by above

250 Truancy and Compulsory AiTiiNDANcii.

Sees. 12. i3i section, they will be liable to the penalty mentioned in
section 15.

For form of notice of truant children, see Form 57,
Appendix A.

Act'by°c"orpora 13. Whcii any of the provisions of this
uons. ^^^ ^j,g violated by a corporation, proceedings

may be had against any of the officers or
agents of the corporation, who in any way
participate in such violation by the corporation
of which they are the officers or agents, and
such officers or agents shall be subject to the
same penalties as individuals similarly offend-

ing.

Service of
notices by
truant oflicers.

14. Any notice or warning required or
authorized to be given by a truant officer, for
the purposes of this Act may be given by
delivering the same to or at the residence of
the person to whom it is to be given, or in the
case of a company or corporation by deliver-
ing the same, or a true copy thereof, to any
agent or person employed by such company
or corporation ; it may also be given by post
by a prepaid letter, and if given by post shall
be deemed to have been given and received
respectively at the time when the letter con-
taining the same would be delivered in the
ordinary course of post, and in proving such
sending, it shall be sufficient to prove that it
was properly addressed and put into the post ;
and where it is required to be sent to any
company or corporation it shall be deemed to
be properly addressed if addressed to any office

Tkuancv and Compulsory Attkndanci:. 251

or agency of such company or corporation, ^ecs. 14, 15,
with the addition of the proper postal address.

15. Any person or officer mentioned in this P;;^,''J^!yjf°'^,^
Act, and designated as having certain duties """''" ""^''•
to perform in the enforcement of any of its
provisions, neglecting to perform any such
duties, shall be liable to a fine of not less than

$25 nor more than $50 for each and every
offence.

16. All prosecutions under this Act may be '''°^«<=""°"^-
brought and heard before any of Her Majesty's
Justices of the Peace in and for the county
where the penalty was incurred or the offence

was committed or wrong done, and in cities
and towns, in which there is a police magis-
trate, before such police magistrate; and savei<tv.stai.,c. 74.
where otherwise provided by this Act the pro-
cedure shall be governed by The Act respect,
itig Summary Convictions before yustices of
the Peace and Appeals to General Sessions.

For text of Act, see Appendix.

17. A conviction or order made in any convictions not

•' to be ciuaslieil

matter arising under this Act, either originally '°''"f°™*'''>'-
or on appeal, shall not be quashed for want
of form, and a conviction or order made by a
Court of summary jurisdiction against which
a person is authorized by this Act to appeal,
shall not be removed by certiorari or other-
wise, either at the instance of the Crown or
of any private person, into the High Court

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Sciences

Corporation

23 WIST MAIN STRUT

WCBSTfR.N.Y. 14580

(716) 873-4503

252 Truancy and Compulsory Attendance.

Sees. 17, 18, except for the purpose of the hearing and
determination of a special case.

18. With respect to proceedings for any
offence or penalty under the provisions of this
Act, where a child is apparently of the age
alleged, for the purpose of such proceeding it
shall lie with the defendant to prove that the
child is not of such age.

Onus of proof of
age of child.

19 Nrthing herein shall be held to require

Persons not
compelled to

sepwlte"''''*' " any Roman Catholic to attend a Public

schools.

School^ o require a Protestant to attend a
Roman Zi.hoMc Separate School. There
shall be no penalty in respect of the absence
of any child from school on any day regarded
as a holy day by the church or religious
denomination to which such child belongs.

Commencement
of Act.

20. This Act shall not come
until the ist day of July, 1891.

into force

and

Sees. I, a.

fji'

THE HIGH SCHOOLS ACT, 1891.

5^ Victoria, Chapter ^j.

AN ACT CONSOLIDATING AND REVISING THE
HIGH SCHOOLS ACT.

This Act is the final revision of the many Acts and
amendments thereto heretofore passed respecting high
schools.

Previous to the year 1854, no separate legislative enact-
ments were passed respecting high, or, as they were then
called, grammar schools, but in that year separate legislation
respecting their establishment and management went into
effect. See 16 Vict., c. 186.

HER MAJESTY, by and with the ?r?vice
and consent of the Legislative Assembly
of the Province of Ontario, enacts as follows: —

;i^

GENERAL.

1. This Act may be cited as " The ///Jg^/^ sbon tuie.
Schools Act, 18 g/."

See remarks under section i of T/ie Public Schools Acf,
iSqi.

2. Where the words following occur in this interpreuuon.
Act they shall be construed in the manner

■■X.

254

High Schools Act.

Sec. 2. hereinafter mentioned, unless a contrary in-
tention appears.

See remarks under section j of TAe Public Schools Ac/,

" High
Schools.'

(I). ♦' High Schools " shall include Col-
legiate Institutes, unless a contrary meaning
appears.

Previous to the 15th February, 1871, high schools were
designated and known as " Grammar Schools," but by 34
Vict., c. 33, s. 34, the term " High School " was introduced.

■Municipality." (2). ** Municipality " shall mean a city,
town, incorporated village or township, but
shall not mean a county;

' County.

" District."

"County
pupils."

" Resident
pupils."

(3). * County " shall also include counties
united for municipal purposes.

(4). "District" shall mean the municipali-
ties and parts of municipalities over which
the High School board of trustees has juris-
diction as a corporation ;

(5). " County pupils " shall mean pupils
whose parents or guardians reside in the
county in which the High School attended
by such pupils is situated, but not within the
limits of any High School district of such
county;

(6). " Resident pupils " shall mean pupils
whose parents or guardians reside in the
district in which the High School attended

fet. ■

General.

255

by such pupils is situated, or whose parents
or guardians are assessed for an amount equal
to the average amount of resident ratepayers of
the district.

The words in italics indicate the amendment made to
above sub-section by 56 Vict., c. 52, s. i.

The amendment does not, however, affect any action
now pending in any Court of this Province with respect to
any question raised under this Act previous to the coming
into force of the amendment. (56 Vict., c. 52, s. 5.)

Sec. 3.

Non-resident

s."

(7). "Non-resident pupils" shall mean (fl')p^p°[
pupils whose parents or guardians do not
reside in the county, city or town separated
from the county in which the High School
attended by such pupils is situated; or {b)
pupils whose parents or guardians reside in a
High School district of the cr»unty other than
the district in which the High School attended
by such pupil is situated.

(8). "Permanent improvements" shall |'^''p*™emems.''
mean such expenditure as may be neces-
sary for the purchase or rental of a
residence for the teacher or for the purchase
or rental of a school site and the erecting or
rental of a schoolhouse, or for the enlarge-
ment of both or either of them, or for per-
manently changing the system of heating and
ventilation, the erection of fences, outhouses
and gymnasium, or for the purchase of school
furniture, maps and apparatus, library, and
all other appliances required by the Regula-

256

High Schools Act.

Sees, a, 3. tions of the Education Department for High
Schools.

The clearing of laud necessary for any of above pur-
poses might come under the head of " Permanent improve-
ments." See Robinet v. Pickerings 44 Q.B. 337.

"Maintenance."

Trustees to be a
corporation.

"1 .

(9). " Maintenance " shall mean such ex-
penditure as may be necessary for ordinary
repairs in the teacher's residence or for the
improvement of the grounds attached thereto,
and for the salaries of teachers, officers and
servants of the board and for conducting the
entrance examination prescribed by this Act
and for repairs to school buildings, outhouses,
gymnasium, and fences and for th'~ improve-
ment of the school grounds, tht repair of
school furniture, and sundry expenses for
ordinary school purposes and such annual
additions to the library, apparatus, and other
school appliances as may be required by the
Regulations of the Education Department for
High Schools.

See The Niagara School Boards i A.R. 288, and Re
Oakwood and the Township of Mariposa^ 16 A.R. 87.

3. The trustees of every High School dis-
trict shall be a corporation, by the name of

"The High School Board," (prefixing to

the term *' High School," or *' Collegiate
Institute," the name of the municipality within
which such High School or Collegiate Institute
is situated), and shall have and possess all the
powers usually enjoyed by corporations, so

Boards of Education.

257

dis-
ne of
ngto
giate
ithin
itute
Ithe
so

far as the same are necessary for carrying out s®*»- 3. 4-
the purposes of this Act. The trustees of
every High School shall hold office until their
successors are appointed and the new board
is organized.

See remarks under section 7 of The Public Schools Act,
i8gi {ante, p. 18).

UNION OF PUBLIC AND HIGH SCHOOL BOARDS.

4. (I). The union of the trustees of anyaoardsof

education.

Public and High School for the joint manage-
ment of the Public and High Schools of any
municipality shall form one corporation under
the name of *' The Board of Education " for
the city, town, incorporated village or town-
ship of (as the case may be). Such board

shall have the powers of trustees of both
Public and High School trustees. A majority
shall form a quorum.

See remarks under section 8(1) of The Public Schools
Act, i8gi (ante, p. 20).

(2). If at any meeting of a board of educa- Dissolution of

, - - , . . boards,

tion called for that purpose a majority of all
the members thereof, vote in favor of the dis-
solution of the board such board shall be dis-
solved on and after the close of the current
year.

This sub-section differs somewhat from the correspond-
ing sub- section of section 8 of The Public Schools Act, i8qi.
The latter sub-section makes the additional provisions that
the board may be dissolved on a two-thirds vote of the high
school trustees, or a two thirds vote of the public school
trustees.

«7

258

High Schools Act.

school to be
biRb school
irt:.itees.

8ec«^4,5- (3). In case any board of education is dis-
bLt?d'fo7.hfgh solved, the members of such board of educa-
tion who were appointed on behalf of the
High School shall be the board of trustees
for such High School, to hold office the full
term of their appointment or until changed
according to the provisions of this Act.

Division of
propertjr at
dissolution.

•■I,'*

(4). In the case of such dissolution as afore-
said all school property held by the Corpora-
tion for High School purposes shall be vested
in the High School board of trustees, subject
to any trust for Public School purposes
attached thereto; and any other property held
or possessed jointly by the corporation before
dissolution shall be divided as may be agreed
upon by the trustees of the High School and
Public School respectively at a meeting called
for that purpose. If no division is made
within six months, then the division shall be
made forthwith by the council of the muni-
cipality within which the High School is
situated.

MdhfghKhoiiS (5^* ^^ ^^"^^^ "*^^ ^® lawful for the trustees
SnuwfSi. of any High School to unite hereafter with

the trustees of any Public School to form a

board of education.

This section, and the sub-sections thereof, are materially
the same as section 8, and the sub-sections thereof, of The
Public Schools Act, i8gi (ante p. 19, et seq.).

fchooiM MUa- ^* ^^^ appointments, agreements, contracts,
*'°""""''"'«^* assessments, and rate-bills, heretofore duly

dis-
iuca-
f the
istees
e full
mged

afore-
rpora-
krested
ubject
rposes
:y held
before
agreed
)ol and
called

made
lall be

muni-
lool is

High School Districts.

259

rustees
with
orm a

naterially
f, of The

itracts,
duly

made in relation to High Schools existing at s«"- s- «•
the passing of this Act, and all powers and
duties connected therewith, shall continue in
full force and effect, subject to the provisions
of thic Act.

HIGH SCHOOL DISTRICTS.

6. (i). All High School districts in exist- 5|[8^^,*fJ'^«Ji.
ence on the passing of this Act shall remain """**"•
as then constituted until changed by the
municipal council of the county by which
they were established, or until altered as is
hereinafter provided, but nothing herein con-
tained shall be construed as interfering with
any suit or action now pending before any
court of competent jurisdiction in which the
validity of any High School district is called
in question.

It was decided under section 40 of 34 Vict., c. 33,
which provided that all high school districts existing at the
time of the passing of that statute should continue as such
until othenvise altered by by-hnv of the county council, that
such council had impliedly the power, from time to time,
to change the limits of a high school district, and not
merely to do so once, or when an additional school was
established. (Re William Tyrell and The Corporation of
the County of York, 35 Q.B. 247.)

(2). Where prior to the first day of January, By-uws setting

\ I » J J J ^ apart portions

1878, the municipal council of any county did h-ghThioi '°'
by by-law set apart and constitute any portion'
of the county as a separate district for High
School purposes, the by-law, if not heretofore
set aside, repealed, or quashed by any lawful
authority in that behalf shall, to all intents

purposes.

26o

High Schools Act.

Sees. 6, 7. and for all purposes be considered and taken
as valid, legal and binding, and the High
School districts thereby constituted or in-
tended to be constituted, shall also for all
purposes be deemed, and taken as having
been lawfully and validly constituted.

The repeal of a by-law can operate only prospectively,
and cannot disturb rights which have been acquired under
it. (Re Wolverton and the Townships of North and South
Grimsby, 3 O.R., at p. 297.)

Right of appeal
in certain cases
revived.

Union of por-
tions of muni-
cipalities for
high school
purposes.

(3). Any right of appeal from any Judge of
the High Court of Justice or from a Divisional
Court of the said High Court which any party
or corporation had on the seventh day of
April, 1890, with regard to the validity of any
by-law establishing a High School district is
hereby revived.

7. (i). On the petition of two-thirds of the
ratepayers of any municipality contiguous to
a High School district, or, on the petition of
two-thirds of the ratepayers of any portion of
a municipality contiguous to a High School
district, the municipal council of such muni-
cipality shall, by by-law, unite the whole, or
such portion thereof as is set forth in the said
petition, to such High School district for
High School purposes, and such union shall
take effect on the first of January next follow-
ing the lapse of six months after the adoption
of such by-law.

Reading this sub-section with the following, its effect is

High School Districts.

261

to give power to the council of any municipality to unite
by by-law the whole or any portion thereof to an adjoining
high school district, without its being necessary for the
municipality or municipalities composing such high school
district to pass any by-law assenting to such union ; and
also power to withdraw from such high school district
without the concurrence, in the form of a by-law, of the
other municipality or municipalities composing such high
school district. The union or withdrawal cannot, of course,
take effect unless the provisions of this section are strictly
complied with by the municipality uniting with, or with-
drawing from, the high school district.

Formerly, such union or withdrawal would have required
the passing, on the petition of two-thirds of its or their
ratepayers, of a by-law by both the municipalities uniting or
withdrawing for such union or withdrawal, and the other
municipality or municipalities forming the high school
district assenting to such union or withdrawal. See Re
Wolverton and the Tmvnships of North and South Grimsb}\
3 O.R. 293.

Sec. 7.

13!

(2). In like manner and on like petition any withdrawal

^ '. . . * . •' from unioc.

municipality or any portion thereof forming
part of a High School district, may withdraw
from such High School district without the
concurrence or any other act on the part of
the other municipality or municipalities com-
posing the High School district, but any by-
law for such withdrawal shall not come into
operation until the first day of January next
following the lapse of six months from the
passing thereof, and such withdrawal shall not
relieve the municipality or any portion thereof
so withdrawn from any rates legally imposed
for the issue of debentures or from any other
debts incurred while such municipality or part

26r

High Schools Act.

Sect. 7. 8. thereof was attached to such High Scliool
district.

See remarks under previous subsection.

Cartificale of
cleric to b«
evidence •■ lo
number of
rtlepayeri.

(3). The certificate of the clerk of the
municipality with respect to the number of
ratepayers in such municipality, or part
thereof to which the petition heretofore m.en-
tioned is intended to refer, shall be final and
conclusive.

NEW HIGH SCHOOLS.

Establishment
and discontinu-

8. (i). On or before the first of July in any
whSou.*''*'* year, the municipal council of any county
may, subject to approval by the Lieutenant-
Governor in Council, pass a by-law for the
establishment of a new High School in any
municipality, containing not fewer than one
thousand inhabitants, according to the last
municipal census, and the municipal council
of any county may in like manner discontinue,
at the end of the current calendar year, any
High School already established.

The Consolidated Municipal Act, i8g2, gives the council
of any county, city, and town separated from the county
for municipal purposes power to pass by-laws " for estab-
lishing high schools and appointing high school trustees,
subject to The High Schools Act, and for obtaining in such
part of the county, or of any city or town separated within
the county, as the wants of the people may most require,
the real property requisite for erecting high school houses
thereon, and for other high school purposes, and for
preserving, improving, and repairing such schoolhouses, and
for disposing of such property when no longer required."
(55 Vict., c. 42, s. 495, s-s. 5.)

Nf.w High Schools.

263

(2). Where it is proposed to form a High Sect^s, 9.
School district to be composed ot more muni- "'*='"••
cipalities than one, the county council may
pass a by-law for the establishment of a High
School in any incorporated village, although
containing less than one thousand inhabitants,
within the proposed district, but such by-law
shall not be operative until it is shown to
the satisfaction of the Lieutenant-Governor in
Council that the adjoining municipalities have
passed by-laws as provided by section 7 of
this Act, for uniting with such incorporated
village so as to constitute a district containing
at least 3,000 inhabitants according 1 < the
last Dominion census.

See remarks under previous sub-section.

(3). The municipal council of a city may
establish as many High Schools in such city
as it may deem expedient, subject to the
approval of the Lieutenant-Governor in
Council.

9. (i). In every High School, instruction iMtructionio

•' '5 _ ' be given in high

shall be given in the higher branches of a»'='»°°''-

practical English and commercial education ;

the natural sciences, with special reference to

agriculture; the elements of mathematics and

physics, and the Latin, Greek, French and

German languages, so far as to prepare

students for matriculation into the University

of Toronto.

The course of study is prescribed by sections 1 7 to 20
of the Departmental Regulations.

<9.

264

High Schools Act.

Sees. 9, 10, (2). Preparatory schools or classes shall be
Pre am^r aboHshed on and after the ist of January next
aboilShed. ensuing after the passage of this Act.

Collegiate in-
stitute, how
constituted.

<;::;:

10. On the report of the Minister of Edu-
cation, and subject to the regulations of the
Education Department, any High School
having (i) suitable school buildings, out-
buildings, grounds and appliances for physical
training; (2) a library, containing standard
books of reference in the subjects of the High
School curriculum; (3) a laboratory, with the
necessary chemicals, and apparatus for teach-
ing the elements of the sciences ; (4) a staff
of at least, five teachers ; four being special-
ists one in each of the following departments :
Classics, Mathematics, Natural Science,
Modern Languages, including English, and
any one of the staff being a specialist in the
Commercial Department ; (5) such other
assistants as will secure thorough instruction
in all the subjects on the curriculum of studies
approved by the Education Department for
Collegiate Institutes ; may be constituted a
Collegiate Institute by order of the Lieutenant-
Governor in Council.

The Rules of the Education Department applying to
high schools also apply to collegiate institutes. See D.R.,
ss. 12 to 29.

TRUSTEES.

trustees.

11, Every High School corporation shall
consist of at least six trustees. In the case
of High Schools situated in any municipality

Trustees.

265

within the jurisdiction of the county, three of
such trustees shall be appointed by the county
council, and additional trustees shall be ap-
pointed by the municipalities composing the
High School district as follows, that is to
say: —

Sec. II.

A member of the municipal council of the municipality
or county in which a high school is situated is not qualified
to serve as a trustee for such high school (s. 12, s-s. 2), nor
can any high school trustee be a member of the county
council. (52 Vict., c. 36, 3. 4; 55 Vict., c. 42, s. 77, s-s. 1.)

The appointment of the trustees must be by by-law.
( Datvson v. The Corporation of the Toivn of Sault Ste.
Marie, et al., 18 O.R. 556.)

(i). Where a High School district is com-
posed of one municipality the municipal council
thereof shall appoint three additional trustees;
where a High School district is composed of two
municipalities, each municipality shall appoint
two additional trustees ; and where a district
is composed of more than two municipalities,
each municipality shall appoint one additional
trustee. Any portion of a municipality
assessed for $50,000, included in a High
School district, shall be considered a muni-
cipality for the purposes of this section. In
every case cne of the trustees appointed by
the county council and one trustee in each
municipality composing the High School dis-
trict shall retire each year.

(2). Where a High School district is com-
posed of a county, the county council shall

266

High Schools Act.

Hi:

Sec. XX. appoint six trustees for such district, two of
whom shall retire every year.

(3). In cities and in towns separated from
the county, the municipal council thereof shall
appoint six trustees for each of the High
Schools of such city or town ; where the High
Schools in a city do not exceed three in
number the municipal council shall appoint
six trustees for each High School, and the
trustees so appointed shall, with such addi-
tional trustees as are authorized by this Act,
form one corporation. The municipal council
of every city and town shall, by by-law, pro-
vide for the annual retirement of so many of
the trustees appointed by the council as shall
secure a complete rotation every three years.

See sub-section 6 as to the appointment of a trustee by
public school trustees.

(4). Where the trustees of any High School
situp.ted in a city or in a town separated from
the county, notify the county clerk that such
High School, is open to county pupils on the
same terms as High Schools in the munici-
palities not separated from the county, the
county council may, from time to time, ap-
point three additional trustees of and for such
High School so long as the school is open to
county pupils on the terms aforesaid.

5). The Separate School board of the city,
town, or incorporated village in which a High
School is situated, may appoint one trustee

'■(i

Trustees.

267

city,

of and for such High School board, who shall Sees, n, la.
hold office for one year, provided always, in
the case of a board of education, that such
trustee shall not take part in any of the pro-
ceedings affecting the Public School.

(6). Except in the case of a board of edu-
cation, the Public School trustees of every
city, town, or incorporated village in which a
High School is situated, may appoint annually
one trustee of and for such High School board,
who shall hold office for one year.

12. (i). Vacancies arising from the annual vacancies now

V / o filled.

retirement of trustees shall be filled at the
first meeting thereof after being duly organized
in each year by the municipal councils or by
the boards of trustees empowered under this
Act to make the appointments ; and vacancies
arising from death, resignation, or removal
from the High School district or county, or
otherwise, shall be filled forthwith by the
municipal council or board of trustees having
the right of appointment, and the person
appointed to fill such vacancy shall hold office
only for the unexpired term of the person
whose place has become vacant.

trustees.

(2). Any ratepayer 21 years of age, ^^sidingQ^<^^^iLcax\on of
in the county or municipality in which the High
School is situated^ who is not a member of the
municipal council of the municipality or
county in which the High School is situated
shall be qualified to serve as a High School

268

High Schools Act.

Sees, xa, 13. trustee, or as a member of a board of educa-
tion. This sub-section shall not apply to any
person now serving as a High School trustee
or as a member of a board of education until
his present term of office as trustee has ex-
pired.

The original section was amended by 55 Vict., c. 60,
s, 6, by omitting the word " resident " before ratepayer, and
adding the words in italics.

First meeting
of board.

Quorum.

First Meeting.

13. (i). The first annual meeting of every
board of trustees or board of education shall
be held at the hour of seven o'clock in the
afternoon of the first Wednesday of February
or at such hour of the same day as may have
been determined by resolution of the former
board, and shall be organized by the election
of a chairman, who shall be a member of the
board, and a secretary and treasurer or
secretary-treasurer. A majority of the board
shall form a quorum.

The resolution changing the hour of meeting must have
been passed at a regular meeting of the board retiring
from office. This can be done at any time during their
year of office, and only affects the meeting for organization.
Subsequent meetings of the board are generally regulated
by the by-laws of the respective boards.

Secretary to
preside at first

(2). The secretary or secretary-treasurer for

"h^rmir"' the previous year shall preside at the first

meeting of the board until the chairman is

elected, or if there be no secretary or secretary-

elected.

Duties of Trustees.

269

ry-

treasurer then such member of the board shall Sees. 13. 14.
preside as may be appointed for that purpose.

Though not specifically mentioned in this sub-section,
it is clear, from a comparison with the preceding sub-section,
that the first duty of the board is the election of the
chairman.

(i). In case of an equahty of votes at the Equality of

>•'' 1 •' _ votes on the

election of chairman, the trustee who is ^'h^^m" n.^
assessed for the largest sum on the last revised
assessment roll shall have a second or casting
vote, in addition to his vote as a member of
the board.

See sub-section 3 of section 106 of T/ie Public Schools
Act, iSgi, and remarks thereunder.

(4). The chairman or presiding officer of the chairman to
board may vote with the other members of the
board on all questions, and any question on
which there is an equality of votes shall be
deemed to be negatived.

Compare section 106(4) of The Public Schools Act,
i8gr.

Duties of Trustees.

14. It shall be the first duty of every board Duties of
of trustees and they shall have power: —

trustees.

■4

(i). To fix the times and places of the p'" meetings of

* board.

board meetings, the mode of calling and con-
ducting them, and of keeping a full and
correct account of the proceedings of such

meetmgs.

This is similar to the duty of trustees in cities, towns.

»^

270

High Schools Act.

Sec. 14. and incorporated villages under section 107 (2) of T/ie
Public Schools Act, i8gi {ante, p. 145).

School* °^ ''"''' (2). To take charge of the High School for
which they have been appointed trustees, to
keep the school buildings in proper repair, to
provide from time to time suitable furniture
and equipment, and to see that the grounds
and all the property of the corporation are
duly protected.

Compare sub-sections 2 and 6 of section 42, and sub-
sections 4 and 13 of section 107, of The Public Schools Act^
i8gi, as to the somewhat similar duties of trustees under
that Act. See also remarks under those sections.

Collection of
fees for tuition.

Orders for
salaries and
expenses.

Application to
council for
sums for
maintenance.

(3). To settle the amount to be paid by
parents and guardians for each pupil attend-
ing the High School, subject to the provisions
of this Act, to fix the times of payment, and,
when necessary, to sue for and recover such
amounts.

(4). To give the necessary orders upon the
treasurer of the board for the payment of the
salaries of the teachers and other officers and
servants of the High School, and for any other
necessary expenses.

(5). To apply to the municipal council or
councils, liable under this Act, on or before
the first day of August, for such sums as the
board may require for the maintenance of the
High School, or for any sums not exceeding
five hundred dollars in one year for per-
manent improvements.

It is not necessary for the trustees to submit to the

Duties of Trustees.

271

municipal council an estimate, similar to that required from Sec 14.
trustees under The Public Schools Act, showing how the
sum required is made up, (In re The Trustees of Port
Roivan High School and the Corporation of the Township
of Walsinghant, 23 C. P. 11.) A demand made by the
secretary-treasurer of a high school hoard, as such, is
sufficient, especially if it is in any way recognized by the
municipal council as a demand made by the board. (Il>.)
As to the duties of trustees under The Public Schools Act,
see section 40 (8) and 107 (10) of that Act.

And where the county municipality consists of 'hree
united counties, the amount required for the equivalent of
the Government grant to the several high schools in the
municipality is a charge upon the county municipality, and
must be levied by an equal rate upon the whole assessable
property in the municipality constituting the county of the
three united counties. (Pe Chamberlain and the Corporation
of the United Counties of Stormont, Dundas, and Glengarry,
42 Q.B. 279.) But see now 55 Vict., c. 42, s. 495 (6).

(6). To take such security from the treasurer security from

' J treasurer.

of the board as they may deem expedient.

See sub-section 2 of section ^^i of The Public Schools
Act, i8gr, and remarks thereunder. And, by sub-section 2
of section 36 of this Act, it is the duty of the secretary-
treasurer to give security to the board appointing him for
the due and faithful performance of his duties.

For form of bond to be given by secretary-treasurer,
see Form 8, Appendix A.

(7). To expel, on the report of the principal, pup^ilf'"" °'
any pupil whose conduct may be deemed
injurious to the welfare of the school ; and to
expel any pupil whose parents or guardians
neglect or refuse to pay the tuition fees of such
pupil after reasonable notice.

It is submitted that, unless the words "dismiss" and

:bb'

S> 9

272

High Schools Act.

Sec. 14. «« expel " are accepted as synonymous, greater power is
conferred upon the trustees under above sub-section than
that conferred upon public school trustees under the
somewhat similar provisions of TAe Public Schools Act,
i8gi {ante, pp. 57, 148), for to "expel" a pupil is to cut
such pupil off from further connection with the school, and
this the high school trustees have power to do effectually,
for no provision is made for the readmission of the pupil ;
whereas the power of the public school trustees is limited
to "dismissal," and the pupil may be readmitted upon
purging himself of his offence.

The presumption is afforded that the words " dismiss "
and "expel" are synonymically intended, for the Depart-
mental Regulations provide that any pupil in a public
school " who shall be adjudged so refractory by the board
of trustees, and by the teacher, that his presence in the
school is injurious to the other pupils may be expelled,"
and, under certain conditions, readmitted. (D.R., s. 5,
s-s. 9.)

It is well to notice that the high school trustees have
not the power the public school trustees have of removing
a hopeless character to an industrial school.

Pupils may also be precluded from attending a high
school under the provisions of the Act respecting Vaccina-
tion and Inoculation, R.S.O., 1887, c, 206, section 17 of
which provides that " in all cases, when it is deemed neces-
sary by the medical health officer of any municipality,
owing to the presence or threatened presence of smallpox,
he may, with the approval of the local board of health,
require certificates of successful vaccination, or of insus-
ceptibility on re-vaccination within seven years, of all
students of high schools, collegiate institutes, ♦ * *,
within the municipality, to be presented to the proper
authorities of the said institutions, and no student, refusing
to present such certificate on demand, shall be admitted to
further attendance on classes in said institutions until such
certificate is furnished." They may also be deprived of
the right to attend by action taken under The Public
Health Act, R.S.O., 1887, c. 205, s. 94, owing to their

Duties of Trustees.

273

suffering from a contagious disease. For text of section Sec. 14.
94, see an^e, pp. 146 and 185.

(8). To appoint and remove such teachers, '^ppo'ntmen' .

^ ' * » ' and removal of

officers and servants as they may deem ex- "^*'''"■••
pedient, and to fix their salaries and prescribe
their duties.

As to the appointment of high school teachers, see
section 39 ; as to the suspension of teachers for neglect of
duty, see section 40 (3) ; as to the duties of teachers, see
D.R., sections 16, 6, and 7.

(9). To provide adequate accommodation Accommodaticn
according to the regulations of the Education
Department for all resident pupils, and in the
case of High Schools receiving aid from the
county for county pupils also, subject to
section 33 of this Act.

Compare sections 40(3) and 107(3) of ^^^ Public
Schools Act, iSgi, and see remarks thereunder.

Section 33 of this Act provides that "all sums of money
required by the trustees of any high school for permanent
improvements exceeding five hundred dollars shall be
raised by assessment on the ratepayers of the municipality
or municipalities composing the high school district, on the
application of the board of trustees to the municipal
council or councils of the district, made on or before the
first of August in each year; and in the event of the
municipal council, where the high school district is com-
posed of one municipality, or in the event of a majority of
the municipalities composing the high school district
approving of such application, the municipality within
which the high school is situated shall issue debentures
therefor in the manner provided for the issue of municipal
debentures under The Municipal Act oi 1887,"

274

High Schools Act.

Sect.

2^' *5- (lo). To certify to the treasurer of the
MTvKcoumy county on or before the first of August each
year, the amount of fees collected from county
pupils for the calendar year next preceding.

treasurer.

Conduct of
school.

?;;

Annual report
to Minister.

Selection of site
restricted.

(II). To see that the High School is con-
ducted according to the provisions of this Act,
and the regulations of the Education Depart-
ment.

If the trustees fail to perform theii duty in this respect,
the high school will not be entitled to receive any part of
the high school grant (s. 44).

As to the proper conduct of schools, see D.R., sections
4, 5, 6, and 16(3).

(12). To prepare and transmit to the Min-
ister of Education, the annual report before
the 15th of January, and the semi-annual
reports at the close of each half year, in
accordance with forms provided by the
Education Department.

Form 4.1^ Appendix A, can be used.

SITES FOR HIGH SCHOOLS.

15. A High School site shall not be selected
in a township within a hundred yards of the
garden, orchard, pleasure ground, or dwelling
house of the owner without his consent.

The site must have no connection with a public school
as regards premises. (D.R., s. 12, s-s. i.) It must be
half an acre in extent, well fenced, well drained, planted
with shade trees, and suitably provided with walks in front
and rear. (Ib.^ s-s. 2.)

This is an additional statutory requisite required in the

High School Sites.

275

case of the selection of new sites in a township, and is not Sect, ij, is,
prescribed by the Rules of the Education Department. *'*

16. It shall be competent for the trustees Enlargement oi

* _ school site.

to enlarge" any existing High School site, as
required by the regulations of the Education
Department, provided no such enlargement
shall be made in the direction of, or including
an orchard, garden, pleasure grou id or dwell-
ing house, without the consent of the owner
of the land required, unless the school site
cannot be otherwise enlarged.

See sections 67 and 74 of The Public Schools Acf, /Sp/,
and remarks thereunder.

the

in the

17. If the owner of any land selected by ^'/^bjij"']"" '•«
the board of trustees of any High School for "«'•"""*'"'
a site, or for High School purposes or for the
enlargement of the High School premises,
refuses to sell the same, or demands therefor
a price deemed unreasonable by the trustees
of such High School, then such owner and
trustees shall each forthwith appoint an arbi-
trator, and the arbitrators thus appointed,
together with the Senior County Judge of the
county in which the site in dispute is situated,
or in the case of his inability to attend, any
person appointed by him on his behalf as
third arbitrator, or any two of them, shall
appraise the damages for such land.

See section 67 of 7'he Public Schools Act, i8gi, and
remarks thereunder. In the case provided for in that
section, the inspector acts as third arbitrator. Under the

276

High Schools Act.

8cci. 17, il, above provision, and also under the next section, the senior
''' county judge takes the place of the inspector.

whiTowSw re- 18. If thc owncF of land selected for a school
M"bur«o°'"'site, as provided by the preceding section,
neglects or refuses to appoint an arbitrator,
it shall be competent for the County Judge,
with the arbitrator appointed by the trustees,
to meet and determine the matter ; and in
such cases the County Judge shall have a
second or casting vote, if he and such
arbitrator do not agree.

See similar provision made by section 68 of The Public
Schools Act, i8gi, and remarks under that section. Under
above section, the county judge takes the place of the
inspector mentioned in section 68.

Powers of
arbitrators.

:«

19. The arbitrators aforesaid, or any two
of them, shall have the power to settle all
claims or rights of encumbrancers, lessees,
tenants, or other persons, as well as those of
the owner, in respect of the land required for
the purpose of the High School site, upon
notice in writing to every such claimant, and
after hearing and determining his claims or
rights, and, upon tender of the amount of such
damage to the owner or other person entitled
thereto, or to any part of such amount, by the
trustees, the land shall be taken and used for
the purpose aforesaid.

See sub-sections i and 2 of section 69 of The Public
Schools Act, i8gi, and remarks thereunder.

For form of notice by arbitrators to claimants, see Form
23, Appendix A.

High School Sites.

277

20. If only a majority of the arbitrators *•"•"• •*•
appointed to decide any case arising under p^^^—^^^
the authority of this Act are present at any bi'morT."
lawful meeting, in consequence of the neglect' '""*■

or the refusal of the other arbitrator to meet
them, it shall be competent for those present
to make and publish an award upon the
matter or matters submitted to them, or to
adjourn the meeting for any period not ex-
ceeding ten days, by giving the absent arbi-
trator notice of the adjournment.

See section 70 of The Public Schools Act, iSgi, and
remarks thereunder.

21. Any award for a High School site made^,Ji;»[^,\*j,°°"-
and published under this Act, if there be no
conveyance, shall thereafter be deemed to be

the title of the trustees to the land mentioned
therein, and shall be a good title thereto
against all persons interested in the property
in any manner whatsoever, and shall be
registered in the proper registry office on the
affidavit the secretary of the board of trustees
verifying the same.

This provision is similar to that made in respect to sites
for public schools by section 72 of The Public Schools Act,
i8gi.

For form of affidavit, see Form 24, Appendix A.

22. The costs of arbitration shall be paid^''^'"
by the parties concerned in such proportion

as may be determined by the arbitrators.

See section 72 of The Public Schools Act, i8gi, and
remarks thereunder.

?;3?

278

High Schools Act.

Sees. 33, 24.

Who may
coDTey.

23. All corporations and persons whatever,
tenants in tail or for life, guardians, executors,
administrators, and all other trustees whatso-
ever, not only for and on behalf of themselves,
their heirs and successors, but also for and on
behalf of those they represent, whether in-
fants, issue unborn, lunatics, idiots, femes-
coverts, or other person, seized, possessed of
or interested in any land, may contract for,
sell or convey all or part thereof to High
School trustees for a school site or an addition
to the school site, or for a teacher's residence;
and any contract, agreement, sale, convey-
ance and assurance so made shall be valid
and effectual to all intents and purposes
whatsoever ; and the corporations or persons
so conveying are hereby indemnified for what
they respectively do by virtue of or in pur-
suance of this Act.

See section 75 of The Public Schools Act, i8gi, and
remarks thereunder.

Notice in case 24. If thc owncr of land duly selected for

owner is absent . . , .

or unknown, the Said purposc is absent from the county in
which the land lies, or is unknown, the trustees
may procure from a sworn surveyor a certifi-
cate that he is not interested in the matter ;
that he knows the land and that some certain
sum therein named is, in his opinion, a fair
compensation for the same ; and on filing the
said certificate with the Judge of the County
Court of the county in which the land lies,
accompanied by an affidavit or affidavits which

High School Sites.

279

satisfy the Judge that the owner is absent ^*"-^J^' ^s,
from the county and that, after dihgent en-
quiry, he cannot be found, the Judge may
orde. a notice to be inserted for such a time
as he sees fit in some newspaper published in
the county ; and he may, in addition thereto,
order a notice to be sent to any person by
mail, or may direct service of the same to be
effected in such other way as he sees fit.

See section 76 of The Public Schools Act, i8gi, and
remarks thereunder.

For forms of certificate, affidavit, and notice mentioned
above, see Forms 2j, 26, and 27, Appendix A.

25. The notice shall contain a short descrip- n"f^^"'"* °'
tion of the land, and a declaration of the readi-
ness of the trustees to pay the sum certified
as aforesaid ; shall give the name of a person
to be appointed as the arbitrator of the trus-
tees if their offer of that sum is not accepted;
shall name the time within which the offer is
to be accepted, or an arbitrator named by
the owner; and shah contain any other par-
ticulars which the County Judge may direct.

See section 77 of The Public Schools Acl, r8<^i. For
form of notice, see Form 27, Appendix A.

26. If within such time as the Judge directs, ■^^^°^.
the owner does not notify the trustees of the
acceptance of the sum offered by them, or
notify to them the name of a person whom he
appoints as arbitrator, the Judge shall, on the
application of the trustees, appoint a sworn

ntment of
trator by
judge.

28o

High Schools Act.

^•^■' *"' *7' surveyor to be sole arbitrator for determining
the compensation to be paid for the property.

See section 78 of TAe Public Schools Act, i8gi, and
remarks thereunder.

^f*^^us"SMas w 27. Where land is taken by the trustees
compensation, ^jthout the cottseut of the owner, the compen-
sation to be paid therefor shall stand in the
stead of the land ; and after the trustees have
taken possession of land any claim to, or in-
cumbrance upon the same or any portion
thereof, shall as against the trustees, be con-
verted into a claim to the compensation or to
a proportion thereof, and the trustees shall be
responsible accordingly whenever they have
paid such compensation or any part thereof
to a party not entitled to receive the same,
saving always their recourse against such
party.

See section 79 of The Public Schools Act, i8gi.

Deposit of
compensation
money by
trustees.

28. If the trustees have reason to fear any
claims or incumbrance, or if any party to
whom the compensation or any part thereof
is payable refuses to execute the proper con-
veyance, or if the party entitled to claim the
same cannot be found or is unknown to the
trustees, or if for any other reason the trustees
deem it advisable, they may pay the arbitra-
tion and other expenses, and deposit the
amount of the compensation with the High
Court, or in such other manner as the County
Judge may direct, with interest thereon for

High School Property.

281

six months, and may deliver therewith an ^"'- *•• *«•

authentic copy of the conveyance, or of the

agreement or award if there be no conveyance;

and such agreement or award shall thereafter

be deemed to be the title of the trustees to

the land therein mentioned, and shall be a

good title thereto against all persons interested

in the property in any manner whatever, and

shall be registered in the proper registry

office on an affidavit of the secretary of the

board of trustees verifying the same.

See section 80 of The Public Schools Act, i8gi.
For form of affidavit, see Form 24, Appendix A.

Property vested in Trustees.

29. All property heretofore granted, devised J';^pVr?y°°e'sted
or acquired in any municipality, and vested in'"""***^*
any person or persons, or corporation, for High
School purposes, or which may hereafter be
so granted, devised or acquired, shall be
deemed and be taken as having vested ab-
solutely in the board of High School trustees
and the board shall have full power to con-
vey, sell, transfer, or lease such property, upon
the adoption of a resolution by the board that
such property is no longer required for High
School purposes, and the proceeds of such
sale, transfer or lease shall be applied for the
use of such High School.

The buildings and grounds of and attached to every
high school are exempt from taxation so long as such
buildings and grounds are actually used and occupied by
the high school, or if unoccupied, but not if otherwise

•;35

282

High Schools Act.

Sees. 29, 30. occupied. (55 Vict, c. 48, s. 7, s-s. 4.) This is not an
absolute, but a qualified exemption.

Aid to high
schools from
counties.

MUNICIPAL GRANTS FOR MAINTENANCE.

30. The municipal council of every county
shall on or before the 15th day of December
in each year pay for the maintenance of every
High School in any town not separated from
the county, or in any incorporated village or
township within the county, an amount equal
to the amount apportioned by the Minister of
Education for each of such High Schools.

Under The Consolidated Municipal Act, the council of
any county, city, and town separated from the county for
municipal purposes may pass by-laws "fo. making pro-
visions in aid of such high schools as may be deemed
expedient." Notwithstanding anything contained in this
Act, or in The High Schools Act, the county council of any
union of counties may pass a by-law for the purpose of
apportioning the amount to be levied for high school
purposes, so that each county forming such union shall be
liable only for the maintenance of the high schools situated
within such county. (55 Vict., c. 42, s. 495, s-s. 6.)

By Con. Stat. U.C, c. 63, s. 16, the council of each
county, city, township, town, or incorporated village was
authorized from time to time to levy and collect, by assess-
ment, such sum or sums of money as it might deem
expedient to purchase the site, or to rent, build, repair,
furnish, warm, and keep in order a grammar school house,
for providing the salary of the teachers, and all other
necessary expenses of such county grammar school. That
statute was held to be permissive, not obligatory. (In re
Trustees of Weston Grarr.mar School and Counties of York
and Peel, 13 C.P. 423.) But now, see above section; In
re Trustees Port Rowan High School and the Corporation of
the Township of Walsingham, 23 C.P. 11 ; In re Board of

Municipal Grants.

283

Education of Perth and the Corporation of the Toivn of^^^^- 3ii sa-
Perth, 39 Q.B. 34.

31. { I ). Where the proportionate cost of the STfro'm "■
maintenance of county pupils at any HighSe'.'""
School, exceeds, or is alleged to exceed, the
amount of money granted by the county coun-
cil under the preceding section, and of the
fees received for county pupils, the county
shall be liable for a further sum, in the pro-
portion as nearly as may be which the average
attendance of county pupils enrolled at such
High School during the preceding three years
bears to the average attendance of all the
pupils enrolled at the same school for the
same period of three years. In the case of
new High Schools the period herein mentioned
for which the average attendance is to be
reckoned, shall be the number of years for
which such school was open, not exceeding
three years.

(2). Where the trustees of any High School Maintenance of

\ / J Q county pupils in

situated in a city or in a town separated from hig^schoo"
the county notify the :ounty clerk that such
High School is open to county pupils on the same
terms as High Schools in the municipalities
not separated from the county, the county
council shall in all such cases pay the propor-
tionate cost of the maintenance of county
pupils at such High Schools subject to the
provisions of this Act.

284

High Schools Act.

Sec. 31.

Disputes as to
Krants to be
referred to
county judge.

(3). The trustees of a High School and the
county council may by mutual agreement
settle the proportionate amount to be paid
by the county for the maintenance of county
pupils under this section, but in the event of
their inability to agree with respect to such
amount either party may refer the matter in
dispute to the County Judge, who shall
have power to settle the same. Where the
County Judge is a member of the High School
board, or where he is unable for anv reason to
act as referee, the Junior County Judge, if not
a member of the High School board shall act
as referee, or if the Junior Judge is unable for
any reason to act, or if there be no Junior
Judge the Senior Judge of the adjoining county
with the greatest population according to the
last Dominion census shall act as referee.
Any award made by the referee shall be bind-
ing on the parties thereto for the period of
three years.

(4). In all cases of dispute the trustees of
the High School shall submit a detailed state-
ment of the receipts and expenditure of their
High School for maintenance for each of the
preceding years under consideration, such
statement to be certified by the auditors
authorized under this Act to audit High
School accounts ; and also a statement of the
names, residence and attendance of resident,
non-resident and county pupils for the same
time each year of a like period such last men-

Municipal Grants.

285

tioned statement to be certified by the chair- See. 31.
man of the board. The chairman shall also
certify as to the amount of the Legislative
grant received for the time under consideration
and the referee shall deduct the amount so
certified from the whole cost of maintenance
of each High School in determining the
liability of the county for the maintenance of
county pupils.

(S). The costs of reference to the County costs of

^•^ , . . -^ reference.

Judge shall be paid by the municipal council
of the county and the trustees of the High
School concerned, in the proportion which the
county pupils bear to all the pupils enrolled
in such High School.

(6). The municipal council of every county Rate for wgh

* ... school purpose

shall levy and collect from the municipalities J.°^^/y«^jf^'*„p''j
composing the county the sum or sums for
which the county is annually liable for the
proportionate maintenance of county pupils
less the fees paid by county pupils as certified
to the county treasurer by the High School
board.

(7). When any county council is required Pru^'S'on or

^' ... . maintenance of

pupils
pality
of the

as herein provided to pay the proportionate ^"^^'XP^UjP^sby
maintenance of county pupils at any High hiRh school'

School in the county, it shall be lawful for any
municipality not included in a High School
district to provide for the payment of its share
of the proportionate maintenance of such county
pupils, by assessment on the ratepayers of the

district.

286

High Schools Act.

Sees. 31, 3a. municipality. The amount payable in such
case shall be in the proportion which the
equalized assessment of the municipality bears
to the equalized assessment of all the munici-
palities of the county not included in any
High School district.

(8). When any rate is levied as aforesaid
then such municipality shall not be liable for
the payment of any other rates for High
School purposes, and all money so collected
shall be paid to the county treasurer on or
before the 15th of December in each year.

Sub-sections 7 and 8 of above section have been added
by 56 Vict., c. 52, s. 2. Their addition, however, does not
affect any action now pending in any Court of this province
with respect to any question raised under this Act previous
to the coming into force of the amendment. (56 Vict.,
c. 52, s. 5.)

fS'durdJtl'' 32. The municipal council or councils of
to levy rates. ^^^^^ f^jgj^ School distHct shall levy and

collect each year from their respective muni-
cipalities such sum or sums as the trustees of
the High School may deem necessary for the
maintenance of the High School in addition
to that received from the county council and
other sources under this Act, and a further
sum, not exceeding five hundred dollars, in
any one year, if required by the trustees for
permanent improvements, and said sum shall
be levied by one uniform rate over the whole
district.

It seems that, where a high school district is composed

Grants for Improvements.

287

the
ition
and
ther
in
for
ihall
hole

of two or more municipalities, the high school board for Sees. 3a, 33.
that district can compel one of the municipalities to con-
tribute their share of the surn required by the trustees for
" permanent improvements," such as the erection of a
schoolhouse, in the other municipality. See In re the
Niagara Hi^h School Board and the Corporation of the
Township of Niagara, 39 Q.B. 362; i A.R. 288; 37 Vict.,
c. 27, ss. 44, 45 ; and see s-s. 8 of s. 2 of this Act.

GRANTS FOR PERMANENT IMPROVEMENTS.

33. All sums of money required by the (^rp'ovemems"'
trustees of any High School for permanent ""^^'^'"^ '^'~"
improvements exceeding five hundred dollars
shall be raised by assessment on the ratepayers
of the municipality or municipalities composing
the High School district, on the application of
the board of trustees to the municipal council
or councils of the district, made on or before
the first of August in each year, and in the
event of the municipal council, where the
High School district is composed of one
municipality, or in the event of a majority of
the municipalities composing the High School
district approving of such application, the
municipality within which the High School is
situated shall issue debentures therefor in the
manner provided for the issue of municipal
debentures under the Municipal Act of 1887.

An application under this section must be the corporate
act of the high school board, not merely the verbal request
(however unanimous) of the individuals composing it, and
it must specify the purposes for which the money is
required. (In re Oakxvood High School Board and the
Municipal Council of the Township of Mariposa, 16 A.R. 87.)

To come within the provisions of this section, an

288

High Schools Act.

Stcs. 33, 34, application must be an independent application for pur-
poses mentioned in the section ; and an application com-
bining other purposes with these purposes may be rejected
by a simple majority vote. (lb.)

Refusal of
municipal
council to

84. (i). In the case of a High School dis-
provide funds, trict composed of one municipality, when the
council thereof refuses, or when the High
School district is composed of two munici-
palities, when the council of one municipality
refuses, or when a majority of the municipalities
composing the High School district refuse to
raise or borrow such sum of money aforesaid
by debentures, the said council or councils
shall, on the request of the trustees, submit
such application to the vote of the munici-
pality or municipalities concerned, in the
manner provided by The Municipal Act for
the creating of debts, and in the event of the
assent of a majority of the electors in the High
School district qualified to vote upon a by-law
for creating debts being thereby obtained, it
shall be the duty of the council of the muni-
cipality in which the High School is situated
to raise or borrow such sum.

See section 293, et seq., and section 340, et seq., of The
Consolidated Municipal Act, i8g2. See also Harrison's
Municipal Manual, 5th ed., pp. 220, et seq., and 250, et seq.

Equalization of
rates.

(2). When the High School district is com-
posed of more municipalities than one, the
municipal council of each municipality com-
posing the district shall pay to the council of
the municipality in which the High School is

Municipal Grants.

289

situated such proportion of the loan raised ^ec. 34.
for High School purposes as the equalized
assessment of each municipality or part
thereof belonging to the High School district,
bears to the equalized assessment of the whole
district. Provided always that nothing herein
contained shall prevent the municipality
within which the High School is situated from
assuming the full cost of permanent improve-
ments, or from undertaking to pay an}'
debentures that may be issued for such pur-
pose notwithstanding that such municipality
forms only a part of the High School district.

(3). The municipal council or councils of
any High School district, or a majority of
them, may, if deemed expedient, without sub-
mitting the same to a vote of the ratepayers
of the municipality or municipalities com-
prising the district, as required by The Muni-
cipal Aclj for the creating of debts, pass a
by-law or by-laws for the purpose of raising
or borrowing money, on the application of the
High School board for permanent improve-
ments.

See ante, p. 255, as to meaning of "permanent improve-
ments."

(4). Any debenture for any loan of money Term of

r 1 1 1 r 1 -^ debeniuves.

tor school purposes may be for such term of
years, not exceeding thirty, as the municipal
council may think fit, or themunicipal council
may in its discretion make the principal of

■p

k *.

2go

High Schools Act.

Sees. 34. 35. such debt repayable by annual or other instal-
ments, in the manner provided by The
Municipal Act,

See section 1 1 7 of The Public Schools Act, i8gi, and
remarks thereunder.

Assessments for
maintenance or

35. The council of any comity may raise
p^ovemems.""" by assessmcut in addition to that required to
be raised by this Act, such further sums of
money as may be deemed expedient by the
council for the maintenanr ) or permanent
improvement of any High School.

This section was amended by 56 Vict, c. 52, s. 3, by
substituting the word "county" in the first line thereof
for the word "municipality" in the Act of 1891, thus
extending the scope of this section. See section 2 (3) of
this Act. This amendment does not affect any action
pending in any Court of this province with respect to any
question raised under this Act previous to the amendment
coming into force. (56 Vict., c. 52, s. 5.)

See ante, p. 256, as to meaning of " maintenance," and
p. 255 as to meanmg of "permanent improvements."

Where three united counties were formed into five high
school districts, it was held that the aid granted to the
high schools by the corporation to supplement the Govern-
ment grant must be made by an equal rate upon the assess-
able property of the united counties, not upon each high
school district for the sum apportioned to its schools. (Re
Chamberlain and the Corporation of the United Counties of
Stortnont, Dundas, and Glengarry, 42 Q.B. 279.)

The council of any county, city, and town separated
from the town for municipal purposes may pass by-laws
"for making a permanent provision for defraying the
expenses of the attendance at the University of Toronto,
and at the Upper Canada College, in Toronto, of such of

Municipal Grants.

291

instal-
I The

Sgi, and

^ raise
ired to
ams of
by the
nanent

, s. 3, by
e thereof
591, thus
2(3) of
ly action
ct to any
lendment

ice," and
ts."

five high
d to the
Govern-
le assess-
ach high
)ls. (Re
ounties of

separated
by-laws
,ring the
Toronto,
such of

the pupils of the public high schools of the county as arcSecs. 35. 38,

unable to incur the expense, but are desirous of, and, in the

opinion of the respective masters of such high schools,

possess competent attainments for competing for any

scholarship, exhibition, or other similar prize offered by

such university or college "; "for making similar provision

for the attendance at any high school, for like purposes, of

pupils of public schools of the municipality"; and "for

endowing such fellowships or exhibitions, and other similar

prizes, in the University of Toronto, and in the Upper

Canada College, at Toronto, for competition among the

pupils of the public high schools in the county, as the

council deem expedient for the encourageuent of learning

amongst the youth thereof." (55 Vict., c. 42, s. 495,

s-ss. 7, 8, 9.)

moneys to bi|{l>

school

treasurer.

36. (i). All moneys raised under the p»>;.Ti"'.°T..°!
authority of the Act, shall be paid over to
the High School treasurer, entitled to receive
the same, on or before the 15th day of
December in every year.

Hi^h School ^fj=,'j['^y'°''e

easurer.

(2). The treasurer of every
board shall give security to the board appoint- "
ing him for the due and faithful performance
of his duties, and shall submit his accounts to
the auditors of the municipality in which the
High School is situated, whose duty it shall
be to audit such accounts in the same way as
the municipal treasurer's accounts are audited.

It is the duty of the trustees to see that they obtain this
security (s. 14, s-s. 6).

HIGH SCHOOL FEES. ' .

37. (i). County pupils shall pay to the '^oun'yp"P''s-
treasurer of the High School board such fees

292

High Schools Act.

Sec. 37. as the munfcipal council of the county may
deem expedient, provided always such fees
shall be uniform and shall not exceed one
dollar per month. The scale of fees so fixed
shall take effect from the beginning of the
High School term next ensuing after adoption
thereof by the county council, and shall con-
tinue in force for three years.

S'ls"'*^'"' (2). Non-resident pupils shall pay to the
treasurer of the High School board such fees
as the board of trustees may deem expedient,
provided always such fee shall not be greater
than the cost of maintenance at such High
School, nor less than the fees imposed by the
council on county pupils.

See ante^ p. 255, as to who are non-resident pupils.

Resident pupils (2) . Resident pupils shall pay to the treasurer
of the High School board such fees as the
trustees of the High School may deem ex-
pedient.

See ante, p. 254, as to who are resident pupils.

(4). The council of any municipality not
included in a High School district may pro-
vide by assessment for the payment of any
fees imposed by the county council on county
pupils or by the board of trustees on non-
resident pupils who reside in such municipality.

Sub section 4 was added to above section by 56 Vict.,
c. 52, s. 4.

This amendment does not affect any action now pending

Entrance Examination.

293

nty may
uch fees
;eed one
so fixed
g of the
adoption
lall con-

/ to the
>uch fees
:pedient,
3 greater
ch High
d by the

jupils.

reasurer
3 as the
eem ex-

lity not
lay pro-
of any
county
on non-
:ipaHty.

r 56 Vict.,

in any Court of this province with respect to any question Sees. 37, 38.
raised under this Act previous to the 27th day of May,
1893. (56 Vict., c. 52, s. 5.)

ENTRANCE EXAMINATION.

38. (i). A uniform entrance examination Entrance

r 1 !•• r M TT-ir->i i examination

for the admission of pupils to High Schools
shall be held annually in every High School
district according to such regulations as may
be prescribed by the Education Department.
Examinations may be held at such other
places in every county as shall be recom-
mended by the county council of which notice
shall be given to the inspector by the county
clerk. Such places shall be affiliated for the
purposes of the examination with a High
School in the same inspectoral division.

For regulations affecting the High School Entrance
Examination, see D.R., ss. 21 to 27.

(2). Every High School district shall be
under one board of examiners. The trustees
of the Public and Separate Schools of the
city, town or incorporated village in which a
High School is situated shall on or before the
1st day of June each appoint an examiner, for
the purpose of such examination. The in-
spector or inspectors of Public Schools of the
inspectoral district within which the High
School is situated and the principal of the
High School shall be ex-officio members of
such board.

w pending

(3). The persons qualified to be appointed

294

High Schools Act.

Sec. 38.

Examiners'

fees.

Entrance
examination.

examiners shall be persons holding certificates

as first class teachers actually engaged in

teaching, provided always that any person

actually engaged in teaching who is the

holder of a second class provincial certificate

and who has had five years' experience as a

teacher may be appointed examiner, where a

first class teacher is not available within such

High School district.

No teacher is eligible as an examiner, who has pupils of
his own writing at the Entrance E.\amination. (D.R.,
s. 21, s-s. I.)

(4). The Board of Trustees and the Board
of Examiners may agree upon the sum to be
paid annually for the examination of such
pupils, but in the absence of any agreement,
examiners shall be allowed the sum of one
dollar per pupil for conducting such examina-
tion and this allowance shall include the
travelling expenses of the examiners,. presid-
ing at the examination reading and valuing
the papers of candidates and reporting the
results to the Education Department.

(5). The Board of Education or the trustees
of the High School district within which the
examination is held shall on the requisition
of the chairman of the board of examiners
pay all the expenses of the examination at
such High School, and such expenses shall
be deemed to be part of the cost of mainten-
ance of such High School. At affiliated
schools the travelling and other expenses of

Entrance Examination.

295

:ificates
Lged in
person
is the
rtificate
ice as a
vhere a
in such

pupils of
. (D.R.,

Board
n to be
)f such
:ement,

of one
amina-
de the
presid-
/^aluing
ng the

rustees
ch the
lisition
miners
ion at
3 shall
linten-
iliated
ses of

the presiding examiner shall be paid by the ^ec. 38.
county council.

The form of requisition (No. 52) used under section
145 (3) of The Public Schools Act, i8gi, may be adopted.

(6). Any pupil passing the entrance ex- Pupiis passing

J i- i- ^ <J ^ entrance

amination may be admitted to a High School «''»"""^''0"'
provisionally, but it shall be competent for the
Minister of Education to consider the appeal
of any candidate with regard to the reading
and valuation of his papers or on the report
of the High School inspectors, to confirm, or
disallow the admission of any pupil, or to
require of any pupil further tests of proficiency
in any of the prescribed subjects of examina-
tion.

As to the claim of a candidate to have his papers re-
read, see D.R., s. 27, s-ss. 5, 6.

(7). County pupils whose examination hasR'ghtsofpupiu.
been confirmed by the Minister of Education
shall have the right to attend any High
School aided by the council of the county in
which their parents or guardians reside.
Resident pupils shall have the right to attend
the High School of the district in which their
parents or guardians reside. Non-resident
pupils may attend any High School at the
discretion of the trustees of such school.

Pupils can be deprived of their right to attend school
under the provisions of section 17 of the Act respecting
Vaccination and Inoculation, R.S.O., 1887, c. 206, on
failing to produce certificates of successful vaccination, or

296

High Schools Act.

Sees. 38, 39. of insusceptibility on re-vaccination within seven years,
when required to do so by the medical health ofificer of the
municipality in which the high school they are attending is
situate, and also by action taken under section 94 of The
Public Health Act, R.S.O., 1887, c. 205, owing to their
suffering from a contagious disease. (See ante, pp. 146,
185, and 272.)

Principals of
high schools.

::|i'

Assistant
teachers.

Teachers

HIGH SCHOOL TEACHERS.

39. (i). No person shall be appointed
principal of a High School unless he is a
graduate in Arts of some University within
the British Dominions, and furnishes satis-
factory evidence to the Minister of Education
of his knowledge of the science and art of
teaching, and of the management and dis-
cipline of schools ; but any person legally
qualified and employed as principal in any
High School before the twenty-fourth day of
March, 1874, shall be deemed qualified not-
withstanding this section.

No master or teacher in a high school can hold the
office of trustee. (54 Vict., c. 55, s. 189.) See also D.R.,

s. 72(1)-

(2). No person shall be appointed assistant
teacher in any High School who does not
possess the qualifications required by the
Education Department.

(3). Every teacher of a High School shall,
in the organization, discipline, management
and classification of the pupils be subject to
such regulations as may be prescribed by the
Education Department.

Agreements.

297

(4). The provisions of The Public Schools^^^^-J^^'^^'
Acl, respecting superannuation shall apply to ,^0^^'"'"""**
teachers of High Schools.

See sections 162 to 171 of TAe Public Schools Act,
i8gi, and remarks thereunder.

AGREEMENTS.

40. (i). Every teacher of a High School ^„tdlys"""*
who enters into an agreement with any board
of trustees for one year and who serves under
such agreement for three months or over shall
be entitled to be paid his salary for the
authorized holidays occurring during the period
of such service, and also for all other holidays
in the calendar year in the proportion which
the number of days during which he has taught
in the calendar year bears to the whole number
of teaching days in such year.

This section is somewhat similar to section 135 of The
Public Schools Act, i8gi, q.v.; ante, p. 190.

(2). Every teacher shall be entitled to his sickness,
salary during sickness, certified by a physician,
for a period not exceeding four weeks for the
entire year ; this period may be increased at
the pleasure of the trustees.

See section 136 of The Public Schools Act, i8gi, and
remarks thereunder.

(3). Any teacher who enters into an agree- Neglect of duty.
ment with a board of trustees as teacher, and
who wilfully neglects or refuses to carry out
such agreement shall, on the complaint of any

298

High Schools Act.

Sees. 41. 42- board of trustees, be liable to the suspension
of his certificate by the Education Department.

See section 133 of The Public Schools Acl, i8gi, and
remarks thereunder.

For form of request by trustees to inspector to suspend
a teacher's certificate, see Form 4S, Appendix A.

isputes be-
tween teachers
and trustees.

Enforcing
judgment,

41. (i). All matters of difference between
trustees and teachers of High Schools in
regard to salary or other remuneration, shall
be decided in the Division Court, by the Judge
of ll> ^ >unty Court, in each county : pro-
vidtc' -rA i, that the decision of any County
Judge in such cases may be appealed from, as
provided for in '^he Public Schools Act.

As to appeals Hoai Division Court decisions, see sec-
tions 179 to 183 of The Public Schools Act, i8gi.

(2). In pursuance of a judgment or decision
given by a County Judge in a Division Court,
under the authority of this section, and not
appealed from, execution may issue from time
to time to recover what may be due of the
amount which the Judge may have decided
the plaintiff entitled to, in like manner as on
a judgment recovered in a Division Court for
a debt, together with all fees and expenses in-
cidental to the issuing thereof and levy there-
under.

TERMS.

?ca"emi"?ear. 42. The acadcmic year of every High
School shall consist of three terms ; the first
shall begin on the last Monday of August and

Tkrms.

299

end on the twenty-second day of December ; Sees. 42, 43.
the second term shall begin on the third day
of January and end on the Thursday before
Easter Sunday ; the third term shall begin on
the second Monday after Easter Sunday, and
end on the thirtieth day of June. Every
Saturday, every public holiday and every day
proclaimed a holiday by the council of the
municipality in which the High School is
situated shall be a holiday in such High
School.

LEGISLATIVE GRANT. "

43. Any sum of money appropriated by the ^/'^"/gisiauve*
Legislative Assembly for High School pur-^"*"'
poses shall be apportioned by the Minister of
Education on the basis of salaries paid to the
teachers, the character and equipment of the
school buildings and appendages, and the
average attendance of pupils, according to the
regulations of the Education Department,
and all moneys so apportioned shall be pay-
able half-yearly to the treasurer of each High
School board in such manner as may be deter-
mined by the Lieutenant-Governor in Council,
and notice of such apportionment shall be
given to the county clerk.

As to the basis upon which the Legislative grant is
distributed, see section 15 of the Departmental Regulations.

44. No High School which is not conducted schooisdisen

O titled to sharing

according to this Act, and the regulations [Snd^^ '''*°°'
prescribed by the Education Department,

35
!

30O

High Schools Act.

Sees. 44. 45. shall be entitled to receive any part of the

High School fund.

Elementary,

military

instruction.

Trustees
contracting with
board.

45. It shall be lawful for the Lieutenant-
Governor in Council to prescribe a course
of elementary military instruction for High
School pupils, and to appropriate out of any
money granted for the purpose a sum not
exceeding $50 per annum to any school
employing a competent drill instructor, and in
which school a class of not less than twenty-
five pupils has been taught for a period of at
least six months. Such classes and instruc-
tion shall be subject to such inspection and
oversight as the Lieutenant-Governor in
Council may direct.

46. No High School trustee shall enter into
any contract agreement, engagement or
promise of any kind, either in his own name,
or in the name of another, and either alone or
jointly with another, or in which he has any
pecuniary interest, profit, or promised or ex-
pected benefit, with the corporation of which
he is a member, or have any pecuniary claim
upon or receive compensation from such cor-
poration for any work, engagement, employ-
ment, or duty on behalf of such corporation,
and every such contract, agreement, engage-
ment or promise shall be null and void, and
such trustee shall also ipso facto vacate his
seat, and a majority of the other trustees shall
declare the same vacant forthwith, and notify

Prohibitions and Penalties.

301

the clerk of the municipaUty, or board of Sees. 46, 47,
trustees having authority to appoint such
trustee accordingly.

See section 191 of The Public Schools Act, i8gi, and
remarks thereunder.

seat on
may be
declared vacant

47. If a truscee of any High School is con-^^h^«^
victed of any felony or misdemeanor, or
becomes insane, or absents himself from the
meetings of the board for three consecutive
months, without being authorized by resolu-
tion entered upon its minutes, or ceases to be

a resident within the county or municipality
for which he is a trustee, such trustee shall
ipso facto vacate his seat, and the remaining
trustees shall declare his seat vacant forth-
with, and notify the clerk of the county or
municipality or board of trustees having
authority to appoint such trustee accordingly.

See section 190 of The Public Schools Act, i8gi, and
remarks thereunder.

48. Any person who wilfully interrupts or pj^^^',^'"^
disquiets any High School established and
conducted under the authority of this Act,

by rude or indecent behaviour, or by making a
noise either within the place where such school
is kept or held, or so near thereto as to disturb
the order or exercises of the High School
shall, for each offence, on conviction thereof
before a Police Magistrate or Justice of the
Peace, on the affidavit of one credible witness,
forfeit and pay for High School purposes to

302

High Schools Act.

Sees. 48, 49. the trustees of the High School district within
which the offence was committed, such sum
not exceeding $20 together with the costs of
conviction, as the said PoHce Magistrate or
Justice may think fit.

See section 1 93 of The Public Schools Act, i8gi.

Test-bookg.

Change of text-
books.

Teachecs sub-
stituting
unauthorized
text-books.

AUTHORIZED BOOKS.

49. No teacher shall use or permit to be
used as text books any books in a High School,
except such as are authorized by the Educa-
tion Department, and no portion of the Legis-
lative or municipal grant shall be paid to any
High School in which unauthorized books are
used.

See section 174 of The Public Schools Act, i8gi, and
remarks thereunder.

50. Any authorized text book in actual use
in any High School may be changed by the
teacher of such school for any other authorized
text book in the same subject on the written
approval of the trustees, provided always such
change is made at the beginning of a school
term, and at least six months after such
approval has been given. . «

51. In case any teacher or other person
shall negligently or wilfully substitute any
unauthorized text book in place of any
authorized text book in actual use upon the
same subject in his school, he shall for each
such offence, on conviction thereof before a

Text-Books.

303

Police Magistrate or Justice of the Peace, as Sees. 51.53.

the case may be, be Hable to a penalty not

exceeding $10, payable to the municipality

for High School purposes, together with costs,

as the Police Magistrate or Justice may think

fit.

This section is similar to section 176 of The Pitblic
Schools Act, i8gi.

52. Chapter 226 of the Revised Statutes ofSf/v.-.'c.a;
Ontario, 1887, chapter :, of the Acts passed rip^iedf''
in the fifty-first year of Her Majesty's reign,
and chapter 72 of the Acts passed in the fifty-
third year of the said reign are repealed.

.j^^mM

Sec. I.

AN ACT TO AMEND AND EXPLAIN

CERTAIN PORTIONS OF THE

SCHOOL LAWS.

5^ Victoria^ C ha pier 60.

Preamble.

[^Asseuleii to 14th Aprils iSg2.

WHEREAS a portion of section 123 ot
llie Public Schools Act of 18 j8 was
unintentionally repealed by The Public Schools
Act, i8gi ; and whereas it is desirable to make
clear the meaning of section 109 of The Public
Schools Act, i8gr ; and in other respects
amend the school laws.

Her Majesty, by and with the advice and
consent of the Legislative Assembly enacts as
follows : —

Rpv. Stat., c. 225,
8. 133, re-enacted
in part.

1. The following words, forming part of
section 123 of chapter 225 of the Revised
Statutes of 1887, repealed by The Public
Schools Act, i8gr, are hereby re-enacted: —
*' Where the Public School rate and the
" Separate School rate are not the same, if
" the owner is compelled to pay a school rate

Amknding Acts. 305

*' in consequence of the default of the tenant S''^"-

i> 9. 3<

** to pay the same, he shall only he liable to

" pay the amount of the school rate of the

" schools to which in virtue of his right in

*' this behalf he directed his money to be

♦• paid."

2. To remove doubts, section rog of ^//<^ v.""5"*s°^o'
Public Schools Acl, iSgi^ sliall be construed
to mean that union school sj* lions composed
of a part of a township, and any incorporated
villapje or town shall not be included within
the provisions of said section log.

See ante^ P- IS9'

8. Section 115 of The Public School < ^r/,5;„v,;;5^5f;
i8gi, is amended by adding thereto the fol-
lowing sub-section :

(5). The expenses of preparing and publish- puf,^['h^?ny^
ing any by-law or debentures under the said ^"'''*^
section 115 and all other expenses incident
thereto, shall be paid by the school section
on whose behalf such debentures were issued,
and the amount of such expenses may be
deducted from any school rates collected by
the municipal council for such school section,
anything in The Public Schools Act to the
contrary notwithstanding.

This section overrides section 118 of the principal Act,
which provides that all sums levied under section 115 are
to be paid over to the secretary- treasurer on or before the
15th December in each year, without any deduction
whatever. See ante, p. 166.

s. 115,

3o6

Amending Acts.

SecsM. 5. 6. 4^ No municipal by-law hereafter passed for
by-i^^not"to^ exempting any portion of the ratable property
fo/schioi 'rates, of a municipality from taxation in whole or in
part shall be held or construed to exempt such
property from school rates of any kind what-
soever.

Adjustment of
assets and lia-
bilities upon
union of muni-
cipalities,

54 V., C.75, S. 12,

amended.

5. In all cases in which two municipal cor-
porations are united by proclamation or by
any Act of the Legislative Assembly, all the
assets and liabilities of the school corpora-
tions of the minor municipality shall be
assumed by the school corporation of the
united municipality. • .

See ante, p. 118.

6. Sub-section 2 of section 12 of The Hi^h
Schools Acf, iSg/, is amended by striking out
the word " resident " in the first line thereof
and inserting after the word" ** age " in the
same line the words " residing in the county
or municipality in which the High School is
situated."

See ante, p. 267.

56 Victoria, Chapter §2.

Sees. I, a.

AN ACT TO AMEND THE HIGH
SCHOOLS ACT, 1891.

[Assented to 2yth May, iSgj.

LjER MAJESTY, by and with the advice

and consent of the Legislative Assembly

of the Province of Ontario, enacts as follows :—

1. Sub section 6 of section 2 of The High ^*'^'^- 57. ^.t,
Schools Act, i8gi, is hereby amended by ^^^ j_ '"' '' ""'"•^"*-

ing thereto the following words :—" Or whose
parents or guardians are assessed for an
amount equal to the average amount of
resident ratepayers of the district."

See ante, p. 254.

2. Section 31 of the said Act is amended 54^.^^57,3. 3..
by adding thereto the following sub-sections:—""" "^'

(7). When any county council is required Provision for
as herein provided to pay the proportionate "°"^'?P"p"'^y
maintenance of county pupils at any HighS'S^
School in the county, it shall be lawful for''""""

3o8

Amending Acts.

Sees. 2, 3, 4. any municipality not included in a High
School district to provide for the payment of
its share of the proportionate maintenance of
such county pupils, by assessment on the
ratepayers of the municipality. The amount
payable in such case shall be in the proportion
which the equalized assessment of the muni-
cipality bears to the equalized assessment of
all the municipalities of the county not in-
cluded in any High School district.

54 V., c.}7,s.35.
amended.

54 V., c. 57, s. 37.
amended.

See ante, p. 285.

See ante, p. 286.

3. Section 35 of the said Act is amended
by striking out the word " municipality " in
the first line and inserting in lieu thereof the
word "county."

See ante, p. 290.

4. Section 37 of the said Act is amended
by adding thereto the following sub-section : —

(4). The council of any municipality not
included in a High School district may provide
by assessment for the payment of any fees
imposed by the county council on county

Amending Acts.

309

pupils or by the board of trustees on non- Sees. 4. 5.
resident pupils who reside in such muni-
cipality.

See ante, p. 292.

5. Nothing herein contained shall be taken Pending pro-
or deemed to affect any action now pending ^^^""^'"°'
in any court of this Province with respect to ^' ^''" ' '' '^•
any question raised under The High Schools
Act, i8gi.

«i IS

m
the

DEPARTMENTAL REGULATIONS.

I.— PUBLIC SCHOOLS.

Site and Outside Premises.

1. The following are the requisites for the site and outside
premises of a Public School :

(i). Every school site should be on a well-travelled road, as
far removed as possible from a swamp or marsh, and so
elevated as to admit of easy drainage.

As to the meaning of *' school site," see ante, p. 15.

(2). The school grounds should be properly levelled and
drained, planted with shade trees and enclosed by a sub-
stantial fence. Every rural school should be provided with a
woodshed.

As to the duty of rural school trustees to provide outbuildings, see ante, p, 52.

(3). There should be a well or other means for procuring
water, so placed and guarded as to be perfectly secure against
pollution from surface drainage or filth of any kind.

It is the duty of the trustees to see that this regulation is carried out. See
ante, pp. 52 and 146.

(4). The area of the school site should be not less than half
an acre in extent ; and if the school population of the section
exceeds seventy-five, the area should be one acre.

(5). The water-closets for the sexes should be several feet
apart, and under different roofs. Their entrance should be
screened from observation.

See remarks under sub-section 3, sit/ra.

(6). Proper care should be taken to secure cleanliness and
to prevent unpleasant and unhealthy odors.
See reiiiarks under sub-section 3, sii/>ni.

SCHOOLHOUSE.

313

outside

road, as
and so

led and
^ a sub-
d with a

ite, p. 52.

rocuring
against

out. See

lan half
section

ral feet
ould be

5ss and

(7). Suitable walks should be made from the schoolhouse to
the water-closets, so that the closets may be reached with
comfort in all kinds of weather.

See remarks under sub-section 3, supra.

Schoolhouse.

2. The following are the requisites for the schoolhouse of a
Public School :

(i). The schoolhouse should be placed at least thirty feet
from the public highway.

(2). Where the average attendance of the section for the
previous year exceeds fifty, the schoolhouse shall contain two
rooms ; where it exceeds one hundred, it shall contain three
rooms — an additional room and teacher being required for
each additional fifty pupils in average attendance.

(3). In each room tne area occupied by the pupil's desk
should be at least twelve square feet per pupil, and at least
two hundred and fifty cubic feet of air space for each pupil.

(4). There should be separate entrances with covered
porches and suitable cloak-rooms for boys and girls.

(5). The heating apparatus should be so placed as to keep a
uniform temperature throughout the room of at least sixty-
seven degrees during the whole school day.

(6). The windows (both sashes) should be adjusted by
weights and pulleys, and provided with blinds; and light, when
possible, should be admitted to the left of the pupil.

(7). Care should be taken to arrange for such ventilation as
will secure a complete change of atmosphere three times every
hour.

School Furniture and Equipment.

3. The following are the requisites for the school furniture
and equipment of a Public School :

(i). The seats and desks should be so arranged that the
pupils may sit facing the teacher. Not more than tv/o pupils

314

School Equipment.

should be allowed to sit at one desk ; but single-seated desks
are preferable.

(2). The height of the seats should be so graduated that
pupils of different sizes may be seated with their feet restin;^^
firmly on the floor. The backs should slope backwards two or
three inches from the perpendicular.

(3). The seats and desks should be fastened to the floor in
rows, with aisles of suitable width between the rows ; passages,
at least three feet wide, should be left between the outside
rows and the side and the rear walls of the room ; and a space,
at least five feet wide, between the teacher's platform and the
front desks.

(4). Each desk should be so placed that its front edge may
project slightly over the edge of the seat behind. The desk
should be provided with a shelf for pupils' books, and the seat
should slope a little towards the back.

(5). A sufficient number of seats and desks should be pro-
vided for the accommodation of all the pupils ordinarily in
attendance at the school. There should be at least two chairs
in addition to lhe teacher's chair.

The trustees should see that this regulation is complied with. Ante, pp. 53
and 145.

(6). The desks should be of three different sizes,
lowing dimensions are recommended : —

The fol-

Chairs or Skats.

Desks.

AGE OF PUPILS.

Height.

Slope
of back.

Length.

Width.

Height
next

Front.

Rear.

Double.

Single.

pupil.

Five to eight years

Eight to ten years

12 in.

13 '*

14 «'
16 "

Hi in.
12i "
13i "
15J "

2 in.

2 "
2i"

3 "

36 in.
.36 "
36 "
40 "

18 in.
18 "
20 ♦'
22 "

12 in.

12 "

13 "
13 "

22 in.

23 "

Ten to thirteen years

Thirteen to sixteen years

24 "

26 "

desks

fol-

Height
next
pupil.

22 in.

23 ■'

24 "

26 "

School Eouipment.

.ii5

(7). There should be one blackboard at least four feet wide,
extendinf^ across the whole room in rear of the teacher's desk,
with its lower edf^e not more than two and a half feet above
the floor or platform ; and, when possible, there should be an
additional blackboard on each side of the room. At the lower
edge of each blackboard there should be a trough Hve inches
wide for holding crayons and brushes, and for collecting the
chalk dust, which should be removed every day.

The following directions for making a blackboard may be found
useful : —

(a) If the walls are brick, the plaster should be laid upon the brick
and not upon the laths, as elsewhere ; if frame, the part to be used for
a blackboard should be lined with boards, and the laths for holding
the plaster nailed firmly on the boards.

(/^) The plaster for the blackboard should be composed largely of
plaster of Paris.

(d) The coloring matter should be laid on with a wide, flat varnish
brush.

(e) The liquid coloring should be made as follows : — Dissolve gum
shellac in alcohol, four ounces to the quart ; the alcohol should be 95
per cent, strong ; the dissolving process will require at least twelve
nours. Fine emery flour, with enough chrome green or lampblack to
give color, should then be added until the mixture has the consistency
of thin paint. It may then be applied in long, even strokes, up and
down, the liquid btmg kept constantly stirred.

See remarks under next sub-section.

(8). Every school should have at least one globe not less

than nine inches in diameter, properly mounted ; a map of

Canada ; a map of Ontario ; maps of the World and of the

different Continents ; one or more sets of Tablet lessons of

Part I. of the First Reader ; a standard Dictionary and

Gazetteer; a numeral frame; a suitable supply of crayons and

blackboard brushes ; and an eight-day clock.

It is the duty of the trustees to provide the articles above-mentioned. See
sections 40 (6) and 107 (4) of T/ic Pithlic Schools Ad, i8gi, ante, pp. 58 and 146.

3i6

School Hours.

4. (i). In rural schools the hours shall be from nine o'clock
in the forenoon till four o'clock in the afternoon, but the
trustees by resolution may, for the purpose of affording
facilities for religious instruction or for any other proper
purpose, prescribe a shorter period. In Kindergartens the
time at school shall not exceed three hours per day.

The hours in kindergarten schools should also be fixed by resolution of the
beard of trustees.

(2). There shall be a recess of not less than ten minutes
each forenoon and afternoon, and at least one hour shall be
allowed for recreation during the middle of the school day.

(3). In cities, towns, and incorporated villages the trustees
may, by resolution, order that any Public School under their
charge shall be opened at half-past nine in the forenoon, and
close at half-past three in the afternoon, with a recess from
twelve till half-past one.

Duties of Pupils.

5. The following are the duties of pupils in Public Schools:

(i). Every pupil whose name is entered on the register of a
Public School shall attend punctually and regularly every day
of the school term in which his name is so entered ; he shall
be neat and cleanly in his person and habits, and diligent,
truthful, honest, kind, courteous, respectful and obedient, and
shall conform to all the rules of the school.

(2). Every pupil shall be present at the time prescribed for
opening the school in the forenoon and afternoon.

(3). Any pupil absenting himself from school, except on
account of sickness, shall be liable to such punishment as the
teacher may lawfully inflict.

(4). No pupil shall be allowed to leave school before the
hour appointed for closing, except in cases of sickness, or at
the request, either oral or written, of the parent or guardian.

Duties of Pupils.

317

(5). Any pupil once admitted to school, and duly registereiL
shall continue in attendance rep;ularly until he is withdrawn by
notice to the teacher to that effect.

(6). Any pupil guilty of any of the following offences,
namely : — (a) persistent truancy ; (6) violent opposition to
authority ; (c) the repetition of any offence after being warned ;
{d) habitual and wilful neglect of duty; (e) the use of profane
or improper language ; (/) cutting, marring, destroying, or
defacing any part of the school property; (g) writing any
obscene words on the fences, water-closets, or any part of the
school premises; {h) general bad conduct, injurious to the
moral tone of the school; may be suspended by the teacher
for one month, or until such suspension is removed on assur-
ance of better conduct, or by order of the Board of Trustees.

(7). Whenever a teacher suspends a pupil for any of the
causes herein named, he shall at once notify his parents or
guardians, and the Board of Trustees, stating the reasons for
such suspension.

(8). The parent or guardian of any pupil suspended may
appeal to the Board of Trustees against the action of the
teacher, and the decision of the Trustees shall be final.

(9). Any pupil who shall be judged so refractory by the
Board of Trustees, and by the teacher, that his presence in
the school is injurious to the other pupils may be expelled ;
and no such pupil shall be readmitted to any school without
the written consent of the Public School Inspector.

As to the powers of trustees to dismiss refractory pupils, see sections 40 (5) and
107(6) of T/ie Public Schools Act, i8gr, ante, pp. 57 and 148.

(10). Pupils in cities, towns, and incorporated villages shall
attend such school as may be designated by the trustees, and
no transfer from one school to Another shall be allowed
without their consent.

(11). No pupil who is affected with or exposed to any con-
tagious disease shall be permitted to attend school until he

3i8

Duties of Pupils.

produces the certificate of a medical man that there are no
sanitary objections to his readmission.

The health of ihe pupils is a matter cominj; within the purview of T/tr Piihlii
Health .It/, and it is the duty of the teacher to take the steps provided \>y that Act
and by section 130(11) of 77ii' Piihlii Schools Act, /6'(^/, to prevent the spread of
infectious-' disease. See ante, p. 185, ft sa/.

(12). Any pupil absenting himself from an examination, or
from any portion thereof, without permission of the teacher,
shall not be admitted to any Public School, except byauthorits
of the Inspector, in writing.

(13). Pupils shall be responsible to the teacher for their
conduct on the school premises, and in going to or returning
from school, except when accompanied by their parents or
guardians, or by some person appointed by them or on their
behalf.

We have seen — ante, p. lil, ct set/. — that a teacher has delegated to him from
the father or other lawful guardian of his pupil so much of the parental authority as
is necessary to control the pupil and enforce the rules and discipline of the school,
and to this extent, and until such authority is revoked, stands in loco parentis, and
has the power of a parent to compel obedience to all reasonable commands by
chastisement, if necessary, provided such chastisement is reasonable and moderate.
The teacher has not, however, the same right to punish a pupil which a parent has
to punish his child. He has no general right to punish for all offences, as a parent
has. His right is restricted to the limits of his jurisdiction and responsibility as a
schoolmaster. He may exact, within these limits, obedience to all reasonable com-
mands, and may, in his discretion, inflict corporal punishment for disobedience to
such commands. The punishment should not be excessive or cruel, and should bear
some proportion to the gravity of the fault. It should be also graduated according
to the age, strength, and mental condition of the pupil. ( Vattvacter v. State,
3 Amer. St. R. 645 ; A', v. Griffin, 11 Cox, 402.)

See ante, p. 182, as to what is unlawful punishment.

(14). No pupil shall be allowed to remain in school unless
he is furnished with the books and other requisites to be use
by him in school, but it shall be lawful for the Pn ' i
Trustees to supply him with such books and other r ites.

(15). No pupil shall have the right to attend schoui inles^
and until he has paid all the fees imposed by the Board c
Trustees for the current month or quarter, as the case may be,

DuTiDS OF Ti:achi:ks.

^^9

I are no

The Piiblu
hy that Act
u spread "f

ition, or
teacher.
lUthority

for their

eturning

irents or

on their

him from
authority as
the school,
arenlis, and
mmands l>y

1 moderate,
parent has
as a parent

ibility as a
nable com-
bedience to
shoidd bear
according
V. State,

A unless
be use«l

' A
.tes.

1 iinlesp
3oard c
may be,

f jr such books, stationery, and other suppUes as arc authorized
under The Public Schools Act.

(lO). Any school property or furniture injured or destroyed
by a pupil shall be nuuJe fjood forthwith by the parent or
i,'uardian, muler penalty of the suspension of the dehiKiuent.

(17). Kvery pupilentitled thereto shall, on application, when
he leaves or removes from a school, receive from the I'rincipal
a certificate of good conduct and standing.

Duties of Ti:.\cheus.

6. (i). In every Public School in which more teachers than
one are employed, the head teaciier shall be called the Prin-
cipal, and the other teachers. Assistants.

(2). The Principal shall prescribe, with the concurrence of
the Hoard of Trustees, the duties of the assistants, and shall
be responsible for the organization and discipline of the whole
school. He should consult the Inspector, when deemed
necessary, with regard to a time-table, the Course of Study, or
any other matter affecting the organization of the school.

7. In addition to the duties prescribed by the School Act,
the following shall be the duties of every teacher in a Public
School : —

(i). To see that the schoolhouse is ready for the reception
of 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 classify his pupils strictly according to the programme
of studies prescribed by the Education Department, and to
make no departure from such classification without the consent
of the Board of Trustees and the Inspector.

(3). To prepare a time-table to be posted in some conspicu-
ous part of the room for the guidance of himself and his pupils.

(4). To prevent the use by pupils of unauthorized te.xt-books.

Should the teacher not perform his duty in this respect, his school will not be
«ntitl- '. to share in the legislative grant. Ante, p. 220.

320

Duties of Teachers.

(5). To make at the end of each school term, or at such
other time as may be approved by the Inspector, and subject
to revision by him, such promotions from one class to another
as he iTid-y deem expedient.

(6). To practise such discipline in his school as would be
exercised by a kind, firm, and judicious parent; to reprove
his pupils with tenderness and becoming deliberation, and to
aim at governing them through their affections and reason
rather than by force ; to encourage his pupils to entertain
kindly feelings toward one another, to respect each other's
rights, to be polite in and out of school, to form habits of
honesty and truthfulness, to obey all persons in authority over
them, to cultivate a patriotic interest in their country, and to
discountenance quarrelling, cruelty to animals, and the use of
profane and other improper language.

See remarks under section 5(13), supra.

(7). To give strict attention to the proper ventilation and
cleanliness of the schoolhouse ; to make and enforce such
rules as will ensure the keeping of the school grounds and out-
buildings in a neat and cleanly condition.

(8). To see that the school grounds, sheds, and water-closets
are kept in proper order ; that no damage is done to the
furniture, fences, outbuildings, or other school property ; to
give notice in writing to the Trustees of any necessary repairs
or supplies.

(9). To employ, unless otherwise provided for, at such com-
pensation as may be fixed by the Board of Trustees, a suitable
person to make fires, sweep the rooms, dust the walls, seats,
desks, and other furniture ; but no teacher or pupil shall be
required to perform Guch duty unless regularly employed for
that purpose as herein provided.

(10). To mawe up all returns to the Inspector or the Educa-
tion Department, as far as the information required can be
supplied from the school register ; and to furnish such other
information affecting the interests of his school as may, from

Duties of Teachers.

321

com-

litable

seats,

lall be

led for

*duca-

tan be

other

, from

time to time, be required by the Education Department or the
Inspector.

(11), To attend regularly the Teachers' Institutes held in his
county, and to contribute from his experience and observation
k.0 their general usefulness.

(12). To give immediate notice to the Trustees and Inspector
of his absence from school through illness or other unavoidable
cause.

(13). To conduct everj' exercise and recitation from the
text-books prescribed for Public Schools in the English
language. All communication between teacher and pupil in
regard to matters of discipline and in the management of the
school shall be in English, except so far as this is impracticable
by reason of the pupil not understanding English. Recitations
in French or German may be conducted in the langua[,'e of the
text-book.

(14). To take up no collections or subscriptions from the
pupils ; to make no announcements, nor distribute bills or
advertisements, except for school purposes, without the con-
sent of the Board of Trustees.

(15). To receive no presents from the pupils, except when
severing his connection with the school; nor to give any medal
or prize to any pupil without the consent of the Board of
Trustees.

(16). To avoid making up lost time by teaching on a
holiday or during vacations. Any attendance during such
time shall be disallowed by the Inspector.

Course of Study.

8. (i). The Course of Study for Public Schools shall be
taken up in five forms, as set forth below, and shall be
followed by the teacher as far as the circumstances of his
school will admit. Any modifications deemed necessary shall
be made only with the concurrence of the Inspector and the
Board of Trustees.

322

Course of Study.

(2). In school sections where the French or the German
language prevails, the Trustees, with the approval of the
Inspector, may, in addition to the course of stu y prescribed
for Public Schools, require instruction to be given in Reading,
Grammar, and Composition to such pupils as are directed by
their parents or guardians to study either of these languages,
and in all such cases the authorized text-books in French or
German shall be used. But nothing herein contained shall be
construed to mean that any of the text-books prescribed for
Public Schools shall be set aside because of the use of the
authorized text-books in French and German.

(3). The Trustees of any rural school may by resolution,
passed at a regular meeting of the board, require the authorized
text-book in Agriculture to be used in the Fourth and Fifth
forms of the school, and in such cases the Inspector shall
report to the Trustees at least annually the standing of the
pupils in this subject. The extent of the course in each form
shall be determined by the teacher, subject to the approval of
the Inspector.

(4). The course for the High School Primary Examination,
with the Science option, may be taken up in any Public
School, with the consent of the Board of Trustees and the
Public School Inspector.

Form I.

Reading. — The use of the Tablets and Parts I. and II. of the
First Reader.

Spelling and Writing. — From reading lessons, on slates and
orally, writing from blackboard copies — simple letters and
words.

Gco^>'fl/)/ty.— Conversations respecting the earth ; explana-
tion of any references to places that occur in the reading
lessons.

Grammar and Composition. — Oral exercises in language, cor-
rection of common mistakes in conversation.

;rman
)f the
cribed
ading,
:ed by
uages,
nch or
hall be
ed for
of the

ilution,
lorized
i Fifth
ir shall
of the
h form
roval of

nation,

Public

.nd the

of the

tes and
trs and

cplana-
reading

je, cor-

CouRSE OF Study.

323

Arithmetic. — Notation and numeration to 1,000; addition
and subtraction ; mental arithmetic.

Drawing. — The exercises in First Reader and blackboard
exercises.

Form II.

Reading. — The Second Reader; easy questions in the
literature of every lesson.

Spelling and Writing. — Oral spelling, and dictation on slates
and paper ; writing on slates ; blackboard exercises ; copy-
books in senior divisions.

Geography. — Local geography and elementary definitions ;
map of the world.

Grammar and Composition. — Oral and written exercises in
language ; correction of commor mistakes in conversation.

Arithmetic. — Notation and numeration to 1,000,000; multi-
plication and division ; mental arithmetic.

Physiology and Temperance. — Conversations on temperance,
the use of alcoholic stimulants, and the laws of health.

Drawing. — Authorized Drawing Course, Nos. i and 2.

Form III.

Reading. — The Third Reader ; literature of every lesson.

Spelling and Writing. — Coi vse in Form II. continued; copy
writing ; business forms.

Geography. — Definitions ; simple Map geography ; North
America and Ontario ; map drawing.

Grammar and Composition. — Classes of words and their
inflections ; simple descriptive writing and letter writing.

History. — Conversations on British and Canadian History.

Arithmetic, — Bills and accounts ; elementary reduction ;
compound rules ; mental arithmetic.

Physiology and Temperance. — Conversations on temperance ;

324

Course of Study.

the physical effects of intoxicating liquors ; importance of
exercise, etc.

Drawing. — Authorized Drawing Course, Nos. 3 and 4.

Form IV.

Reading. — The Fourth Reader ; the literature of every lesson.

Spelling and Writing. — Systematic orthography and orthoepy ;
business forms and single entry, without a text-book.

Geography. — Geography of the continents, Canada and
Ontario ; map drawing.

Grammar and Composition. — Elements of formal grammar
and composition. Descriptive, narrative, and letter writing.

History. — Leading events in Canadian History. Oral teach-
ing of British History.

Arithmetic. — Review of elementary work, multiples, fractions,
percentage, interest, mental arithmetic.

Physiology and Temperance. — Digestion, respiration, the cir-
culation of the blood, and the nervous system. The effects of
alcohol and narcotics. Exercise ; cleanliness.

Drawing. — Authorized Drawing Book No. 5.

Writing. — Authorized copy book No. 6.

Form V.

Reading. — A general knowledge of the principles of orthoepy
and of elocution ; reading, spelling, and syllabication.

Grammar and Composition. — Etymology and syntax ; exer-
cises chiefly on passages from prose authors not prescribed ;
themes on familiar subjects ; familiar and business letters.

English Poetical Literature. — Intelligent comprehension of
and familiarity with the prescribed selections ; memorization
of the finest passages ; oral reading of the selections.

History and Geography. — The leading events of British His-
tory — the nineteenth century more particularly. Commercial

Course of Study.

325

and physical geography. Geography of Canada and the
British Empire more particularly.

Arithmetic and Llementary Mensuration. — Arithmetic in theory
and practice ; special attention to commercial problems ; in-
surance, simple and compound interest ; averaging accounts ;
discount, stock, bonds and partnership ; area of rectilinear
figures.

Algebra. — Elementary rules ; fractions ; simple equations of
one unknown quantity ; simple problems.

Euclid. — Book I., propositions 1-26; easy deductions.

Commercial Course. — Writing ; bookkeeping, single entry ;
commercial forms ; general business transactions.

Drawing. — Drawing Book No. 6.

Physiology and Temperance. — The course in the Fourth form
continued, and including also the other subjects in the text-
book.

Agriculture. — The course to be determined by the teacher,
subject to the approval of the Inspector.

Physics and Botany. — The courses in these subjects may be
determined by the teacher, subject to the approval of the
Inspector. They should be mainly experimental and practical,
and without the use of a text-book.

i
■I

SPECIAL DIRECTIONS.

First Three Forms.

Reading and Literature. — The First Part of the First Reader
should be taught from the blackboard and the Tablet Lessons.
The pupil should practise reading by phrases with the first
lessons, and such explanations should be given as would enable
him to read intelligently, and in the easy natural manner
which characterizes good conversation. Clearness, fluency,
force, and naturalness are essential to good reading. Pupils in
every form should be required regularly to commit to memory
selected passages in prose and verse, to give the meaning

326

Special Directions.

of what they read, and to make, from time to time, a summary
of the reading lessons in their own language.

Geography. — The schooi'^ouse and its surroundings, with
which the pupils are familiar, should be taken as the first sub-
ject of lessons to give correct ideas of boundary and direction.
Map drawing should be practised from the beginning. Defini-
tions in Physical Geography should be fully illustrated in all
cases by blackboard drawings or otherwise. The teacher
should teach this subject in the First and Second forms by
means of familiar talks about the natural phenomena of different
countries, the peculiarities of different races, the birds and
animal of different zones, etc.

Grammar and Compositiim.—GTa.mma.r should be taught at
first mainly as the basis of composition. The essential parts
of the simple sentence, the functions and definitions of the
parts of speech, and the rules for inflection should be arrived
at by induction. Pupils should be practised in sentence-build-
ing and the correction of common mistakes in English. Every
school exercise, whether oral or written, should, as far as pos-
sible, be made an exercise in composition. The teacher should
use especial care in requiring good English from his pupils in
all their answers in class or in conversation.

History. — The principal events in Canadian history, with
their bearing upon the progress of Canada, should be discussed.
Care should be taken to explain thoroughly our Municipal and
Federal forms of Government, and the principal events of
British history, without unnecessary details or unimportant
dates. A comprehension of leading facts and general principles
is more valuable than the most accurate knowledge of details,
if unaccompanied by ability to distinguish what is important
from what is not. Throughout the course the teacher should
bear in mind the interesting and valuable lessons that may be
deduced from the lives of the men and women who have played
a prominent part in history.

Arithmetic. — Systematic training in mental arithmetic should

Special Directions.

327

prevail in all the classes. Accuracy and expertness in performing
elementary operations are of the first importance. Problems
based on the elementary rules should be given from the
commencement. Great stress should be laid on the solution
of questions by the Analytic Method.

Writing. — Neat and legible writing and the proper formation
of the small and capital letters should be aimed at.

Drawing. — The drawing exercises in Parts I. and II. of the
First Reader and the authorized Drawing Book should be used.
Pupils should be encouraged to expand these exercises into
original designs.

Fourth Form.

Reading. — A general knowledge of the elements of vocal
expression, with special reference to emphasis, inflection, and
pause. The reading, with proper expression, of any selection
in the Fourth Reader. The pupil should be taught to read
intelligently as well as intelligibly.

Literature. — The object of the study is to secure the pupil's
intelligent comprehension of and familiarity with the lessons
in the reader. To this end, he should be taught to give for
words or phrases meanings which may be substituted therefor,
without impairing the sense of the passage ; to illustrate and
show the appropriateness of important words or phrases ; to
distinguish between synonyms in common use ; to paraphrase
difficult passages so as to show the meaning clearly ; to show
the connections of the thoughts in any selected passage ; to
explain allusions ; to write explanatory or descriptive notes on
proper or other names ; to show that he has studied the lessons
thoughtfully by being able to give an intelligent opinion on
any subject treated of therein that comes within the range of
his experience or comprehension ; and especially to show that
he has entered into the spirit of the passage by being able to
read it with proper expression. He should be required to
memorize passages of special beauty from the selections pre-
scribed, and to reproduce in his own words the substance of

328

Special Directions.

any of these selections, or of any part thereof. He should also
obtain some knowledge of the authors from whose works these
selections have been made.

Orthography and Orthoepy. — The pronunciation, the syllabica-
tion, and the spelling from dictation of words in common use.
The correction of words improperly spelt or pronounced. The
distinction between words in common use in regard to spelling,
pronunciation, and meaning.

Writing. — Besides writing the regular copy-book exercises,
the pupil should be taught letter writing, simply business
forms, and how to keep simple accounts by single entry.

Geography. — The form and the motions of the earth. The
definitions as contained in the authorized text-book ; divisions
of land and water ; circles of the globe ; political divisions ;
natural phenomena. Maps of America, Europe, Asia, and
Africa. Maps of Canada and Ontario, including the railway
systems. The products and the commercial relations of
Canada.

Grammar. — The sentence ; its different forms. Words ;
their chief classes and inflections. Different grammatical
values of the same word. The meanings of the chief gram-
matical terms. The grammatical values of phrases and of
clauses. The government, the agreement, and the arrangement
of words. The correction, with reasons therefor, of wrong
forms of words and of false syntax. The parsing and analysis
of simple sentences.

Composition. — The nature and construction of different kinds
of sentences. The combination of separate statements into
sentences. The nature and the construction of paragraphs.
The combination of separate statements into paragraphs.
Variety of expression, with the following classes of exercises :
changing the voice of the verb ; expanding a word or a
phrase into a clause ; contracting a clause into a word or a
phrase ; changing from direct to indirect narration, or the
converse ; transposition ; changing the form of a sentence ;

Special Directions.

329

expansion of given heads or hints into a composition ; the
contraction of passages ; paraphrasing prose ; the elements of
punctuation. Short narratives or descriptions, and familiar
letters, to which most attention should be given.

History. — The outlines of Canadian history generally, with
particular attention to the events subsequent to 1841. The
municipal institutions of Ontario, and the Federal form of the
Dominion Government. The outlines of British history shall
also be taught without a text-book ; but there will be no
questions in British history at the High School Entrance
Examination.

Every Form.

Physiology and Temperance. — In addition to the study of this
subject as prescribed for the Fourth and Fifth forms, at least
one hour per week shall be devoted to familiar conversations
with the whole school on the effect of alcoholic stimulants and
of narcotics upon the human system. Attention should also
be called to the degrading tendencies of their habitual use, and
their injury to the individual and society generally.

Teachers are also required to make suitable comments upon the Act respecting
the use of Tobacco by Minors, the text of which is in this Appendix, two or three
times each school term, so that it may be brought more prominently to the notice
of both scholars and parents, and thus become more effective in accomplishing the
good aimed at.

Music. — The Kindergarten songs shall be taught in the First
form. Rote-singing; musical notation in the other forms.
The study of music should be treated as a matter of primary
importance.

Drill and Calisthenics. — The different extension movements
prescribed in the authorized text-book on the subject should
be frequently practised, not only during recess, but during school
hours. In addition, the boys should be formed into companies
and taught the usual squad and company drill, and the girls
should be exercised in calisthenics. Accuracy and promptness
should characterize every movement.

330

Leaving Examination.

Moral and Religious Instruction. — No course of moral iustruc-
tion is prescribed. Tiie teacher shall, however, by his personal
example and by instruction as well as by the exercise )f his
authority, imbue every pupil with respect for those moral
obligations which underlie a well-formed character. Respect
for those in authority and for the aged, courtesy, manliness,
reverence, temperance, truthfulness, honesty, etc., can best be
inculcated as the occasion arises for referring to them. The
religious exercises of the school should be conducted without
haste and with the utmost reverence and decorum. Trustees
and teachers will be guided as to the nature and extent of
religious instruction by the Regulations on this subject.

See anU, p. 24, and s. 81 of these Regulations as to religious instruction.

Reviews and Recitations. — Every Friday forenoon should be
devoted to a review of the week's work, and the afternoon to
exercises tending to relieve the usual routine of the school-
room, while promoting the mental and moral culture of the
pupils. The teacher should encourage the pupils to prepare
dialogues, readings, recitations and songs for the Friday after-
noon school sessions. He should also choose some topic for
a familiar lecture or for discussion, or read some literary
selections, making such comments as are likely to promote a
love of reading and quicken the interest of the scholars in the
work of the school. Familiar illustrations in Elementary
Science should be given. Thi girls should receive suitable
instruction in plain sewing.

Public School Leaving Examination.

General.

9. (i). There shall be a uniform Public School Leaving
Examination to be held at the same time and places and by
the same Board of Examiners as the High School Entrance
Examination.
See ante, p. 200.

(2). Candidates who propose writing at the Leaving Exami-

Leaving Examination.

331

ami-

nation shall notify the Inspector, at the same time as when
notices are sent with respect to the Entrance Examination.

(3). The provisions of the Regulations and The High Schools
Act, i8gi, respecting the High School Entrance Examinations
shall apply to the Public School Leaving Examinations, mutatis
mutandis.

See ante, p. 293.

(4). The Public School Leaving Examination shall be based
on the subjects prescribed for the Fifth form of the Public
Schools.

See ante, p. 324.

(5). Each candidate shall submit for examination his scho».i
work in bookkeeping and commercial transactions, to the
extent of one set at least of ten foolscap pages or the equivalent
thereof, comprising the necessary books of original entry with
cash bock, journal, ledger and bill book. The set shall be specially
suitable for farmers and artisans, or for retail merchants and
general traders. Three accounts shall be made from the set in
proper form and submitted to the examiners. The candidates
shall also submit at least two examples of each kind of commer-
cial forms and correspondence pertaining to the set. A descrip-
tive index shall accompany the set, and the transactions in a set
worked out in a school shall be different from year to year.

(6). It is recommended that candidates for the Public School
Leaving Examination, who intend to enter a High School
shall, before doing so, pass also the High School Primary
Examination in Reading, Drawing, and the Commercial
Course.

(7). In Drawing, candidates will submit Book No. 6 of the
Drawing course prescribed for Form V., which book may be
substituted for one of the Drawing books, prescribed for the
High School Primary Examination in Drawing, Reading, etc.,
in the case of candidates prepared at Public Schools for both
this examination and the Public School Leaving Examination.
Such book and the work submitted in Bookkeeping shall be

332 Leaving Examination.

certified by the candidate's teacher or teachers as being the
work of the candidate.

(8). At the examination in Composition candidates will be
required to write an essay or a letter about sixty lines in length.

(g). The paper on Literature will be based partly on " Sight
work," and partly on one or more passages from prescribed
selections.

Values of Subjects.

(10). In reading the papers the Examiners shall be guided
by the following schedule of marks and instructions :—

Arithmetic and Mensuration 200

Euclid and Algebra 150

English Grammar 150

English Poetical Literature 150

English Composition (Essay or Letter) 100

H istory 100

Geography 100

Bookkeeping and Penmanship 100

Physiology and Temperance 75

Drawing 50

Reading 50

(11). Of the marks for Bookkeeping and Drawing, one-half
will be assigned to the paper on the subject and the other half
may be awarded by the examiners as the result of the inspec-
tion of the candidate's works submitted in Bookkeeping and
Drawing.

Reports, Certificates, and Appeals.

10. (i). Any candidate who obtains one-third of the marks
in each subject, and one-half of the aggregate shall be reported
by the Board of Examiners as having passed the Examination
for a Public School Leaving Certificate. Only those who fail
to reach the standard prescribed in some subject, but who
have made considerably more than the aggregate marks required

Leaving Examination.

333

should be recommended to the favorable consideration of the
Minister of Education.

(2). Candidates who pass the Public School Leaving
Examination shall be entitled to admission into the classes in
Form n. of a High School, in the subjects of the Public
School Leaving Examination.

(3). Candidates who fail at the Public School Leaving
Examination but who obtain 25 per cent, of the maximum of
marks for each subject thereat, may, on the recommendation
of the Board of Examiners, be awarded a High School
Entrance certificate.

(4). The names of candidates passed or recommended shall
not be published until after the decision of the Minister has
been received.

(5). The report of the Examiners, together with the answer
papers of the candidacts, shall be transmitted by the Inspector
to the Education Department (charges prepaid), on or before
the 20th of July in each year. The Drawing book and Book-
keeping sets shall be returned to the candidates at the close
of examination.

(6). Candidates may claim to have their papers re-read and
their Drawing books and Bookkeeping sets re-examined upon
the following conditions : —

(a) The appeal or claim must be in the hands of the
Minister of Education on or before the 15th of August, and the
ground of the appeal must be specifically stated. The Exami-
ners shall dispose of all appeals without delay, and no appeal
shall subsequently be entertained on any ground whatever.

(6) A deposit of $2 must be made with the Department,
which deposit will be returned to the candidate if his appeal
or claim is sustained.

(6). Commencement exercises shall be held in each Public
School at a suitable time during the autumn of the year, at

-50

334

Night Schools.

which diplomas, medals, or certificates may be presented to
the successful candidates.

TIME-TABLE.

First Day.

A.M. 8.45 Reading Regulations.

g.oo-ii.oo English Grammar.

1 1. 10-12. 40 Geography.

P.M. 2.00- 4.00 English Composition.

Second Day.

A.M. g. 00-11. 00 ....Arithmetic and Mensuration.

1 1 . 10-12 .20 Drawing.

P.M. 1.30- 3.00 History.

3.10- 5.10 Bookkeeping and Penmanship.

Third Day.

A.M. 9.00-1 i.oo Algebra and Euclid.

II. 10-12. 30 Physiology and Temperance.

P.M. 2.10- 4.00 English Poetical Literature.

1.::^ Reading may be taken on the above days at such hours
as may suit the convenience of the Examiners.

Night Schools.

11. (i). The night school term shall begin on the first of
October i\nd close on the thirty-first of March. The session
shall not exceed two and a half hours per night.

(2). The course of study shall be limited to the subjects
prescribed for Public Schools. No pupil shall be admitted to
a night school who is under fourteen years of age or who
attends school during the day. The Regulations of the Educa-
tion Department with respect to the duties of teachers and
pupils, and the use of text-books, shall apply to night schools.

High Schools.

335

(3). Except with the sanction of the Minister of Education,
no person shall teach a night school who does not hold a
certificate to teach a Public School, and no part of the Legis-
lative grant shall be paid to any Board of Trustees until the
annual report required by the Department is certified by the
Trustees and the Inspector.

See ante, pp. 4 and 148.

II.— HIGH SCHOOLS AND COLLEGIATE

INSTITUTES.

Conditions of Existence.

12. The following are the requirements of a High School
established after the first of July, i8gi : —

(i). No connection with a Public School as regards premises.

(2). A site of at least half an acre in extent, well fenctd,
well drained, planted with shade trees, and suitably provided
with walks in front and rear.

(3). A playground, and all other necessary provision for
physical exercise.

(4). A well or other means of supplying p-jre drinking water.

(5). Water-closets for the sexes, s^oarate and in separate
yards, and properly screened from ouservation.

(6). A building large enough to provide ample accommoda-
tion for every pupil in attendance, with all necessary provision
for light, heat, and ventilatioi:, and two entrances with covered
porches.

(7). Suitable separate cloak-rooms for boys and girls, furni-
ture, desks, blackboards, and maps, apparatus, and Library of
reference of the maximum value recognized for schools with
two masters.

"5 2

(8). A Principal, and at least two assistants.

336

Legislative Grants.

13* In case a High School Inspector reports that the
equipment of any Hi^;h School or Collegiate Institute is
insufficient or unsuitable ; or that the grounds are too limited
in area ; or that the school building is inadequate for the
accommodation of the pupils; or that the staff or any member
thereof is inefficient ; or that the staff is insufficient for the
attendance or for the number of subjects taken up ; the
Minister of Education will forthwith notify the Chairman of
the Board of Trustees, and on the neglect or refusal of the
said Board to remedy within a reasonable time the defect
complained of, the Legislative grant may be withheld from
such High School or Collegiate Institute until such time as the
regulations are complied with.

14. (i). No High School shall be raised to the status of a
Collegiate Institute without such a minimum equipment in the
way of library, physical and chemical apparatus, gymnasium,
maps and globes, as is the maximum recognized for High
Schools with three or more masters.

(2). Any Collegiate Institute that fails to comply with the
conditions prescribed herein for the status ot a Collegiate
Institute may, on the joint report of the High School In-
spectors, be reduced to the rank of a High School, and
deprived of the special Legislative grant, at the discretion of
the Minister of Education.

Distribution of Grant.

15. The Annual Legislative Grant to High School?', and
Collegiate Institutes shall be distributed on the following basis,
so far as the annual appropriation made by the Legislature
will admit thereof, namely : —

The annual .ippropriation is payable half-yearly to the treasurer of each High
School board in such manner as may be determined by the Lieutenant-Governor in
Council, and notice of the apportionment is to be given to the county clerk. (Antt,
p. 299.)

I. — FIXED GRANTS.

(i) High Schools and Collegiate Institutes $375 00

(2) Collegiate Institutes, in lieu of grant on equipment. 275 00

Legislative Grants. 337

ii. — condition and suitability of school premises.

(i) High Schools with two masters max., $100 00

(2) Other High Schools " 150 00

(3) Collegiate Institutes " 200 00

III.

-EQUIPMENT,

and

(i) Ten per cent, of the total approved expenditure on
equipment will be allowed. The maximum recognized in each
case shall be as follows : —

(a) High Schools with two masters :

(a) Library $300 00

i'o) Physical and Chemical apparatus 300 00

(d) Gymnasium (not including equipment). 350 00

max., §100 00

(b) High Schools with three or more masters :

(a) Library $600 00

(b) Physical and Chemical apparatus 600 00

(d) Gymnasium (not including equipment). 700 00

max., $200 00

(2). When the value of the library has reached the maximum
herein recognized, ten per cent, of the yearly expenditure by
the High School Board on supplementary reading in English
Literature will be allowed.

(3). The record of the equipment shall be made from time
to time in the prescribed catalogue by the Principal, who shall
be responsible for the safe-keeping of both equipment and
catalogue.

TV.— SALARIES.

Ten per cent, of expenditure on salaries over $1,500.

max., $600 00

338

Legislative Grants.

v.— AVERAGE ATTENDANCE.

The remainder of the Grant, after providing for the other
iterriS, shall be distributed on the basis of average attendance.

VI.

-REQUIREMENTS OF GRADING.

There shall be four grades under items (i)-(i4) below, and
in items (i), (2), (3), ^), (6), (7), (8), and (9), the grading shall
be one degree lower in the case of a Union School building
than it would be if the High School were in a separate building.

(i). Water Closets. — If outside, to be convenient to the school
building, but far enough removed to prevent contamination of
the air breathed by the pupils. Separate closets for the sexes,
under separate roofs, at least several feet apart, each contain-
ing separate compartments with doors (four for the first fifty in
attendance, and one for each subsequent fifty) ; the boys' to be
of glazed brick or simihr- material; or, when of wood, to be
painted m a dark '^olor and s-anded. Urinals for the boys ;
also divided into conipartments, and properly placed. In the
case of Union Schools, the closets for the use of High School
pupils must be separate and distinct from those for the use of
Public School pupils. Separate and locked closets for the
teachers. Entrances of closets screened from observation.
Provision for cleaning and deodorizing the closets and urinals
at suitable intervals. Suitable walks from school building to
closets, so that they may be reached with comfort in all kinds
of weather. A high board fence between boys' and girls' side,
from the closets to the school building. If the water-closets
are inside the school building, the above conditions must be
satisfied mutatis mutandis.

(2). Water Supply. — A good well or other supply of pure
water on the premises ; waver filters or tanks, in the school
building, with provision for frequent replenishment ; lavatories
in the halls, cap-rooms, or waiting-rooms. If the supply be
from waterworks, a sufficient number of suitable taps. Grades
I. and II. are given when the water supply is inside the school
building ; Grade III. being a good well.

Legislative Grants.

339

; other
idance.

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uilding.

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ation of
e sexes,
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(3). School Gronmh. — To be used for High School purposes
only ; well situated and easily accessible ; of not less than one
acre. Grounds properly levelled and drained ; planted with
shade trees and ornamental trees and shrubs ; laid out with
flower beds and grass plots in front of the school building.
Separate playgrounds for the sexes. Grounds well fenced
(ornamental fence in front), with separate entrances and walks
for the sexes. Suitable provision for keeping the grounds in
good order.

(4). External Appearance of School Buildin^!^. — Building sepa-
rate from Public School building ; placed at least thirty feet
from the public highway, and remote from any disturbing
noises; of good architectural appearance. Under this head
the site and the appearance of the building are considered.

(5). Class Roo}}is. — A room in which all the pupils can
assemble. Class-rooms conveniently arranged and tasteful in
appearance ; well proportioned and oblong in shape ; twelve
square feet on the floor and at least two hundred and fifty
cubic feet of air space for each pupil ; ceilings white ; walls
colored French gray or a light stone color preferred ; floors in
good order ; a suitable platform for the teacher's desk ; in
three and more masters' schools a special class-room for the
teaching of science ; m two masters' schools, provision for
science teaching in one of the rooms ; suit^ible provisions for
cleaning and dusting; separate entrances to each class-room
for the sexes.

(6). Halls. — Of suitable size and convenient arrangement ;
separate and with separate main entrances for the sexes ; with
covered porches or other suital:)le provision of this nature ;
separate means of egress to the water-closets ; if the building
is of two stories, suparate and suitable staircases for the sexes ;
door mats and scrapers.

(7). Waiting Rooms. — Of suitable size and convenient arrange-
ment; separate for the sexes ; suitably furnished with benches.

(8). Cap Rooms. — Of suitable size and convenient arrange-
ment ; separate for the sexes ; furnished with cap-hooks.

340

Legislative; Grants.

w si

(9). Teachers' Private Rooms. — At least one for the joint use of
the staff ; of suitable si^e and convenient arrangement ;
suitably and comfortably furnished. In schools with large
staffs, a separate room for the assistant masters and for the
female assistants.

(10). Desks. — Sufficient for the attendance ; of suitable size
and finish ; single preferred, with movable seats and adjustable
lids ; placed at proper intervals ; a suitable desk and chair in
each class-room for the teacher ; at least two visitors' chairs
in each class-room. Suitable tables in the laborator}' for ex-
perimental work by the teacher and pupils. Single desks are
Grade I., double desks Grade II., with suitable provision for
practical work in science in each case ; otherwise the grading
is one degree lower.

(11). Blackboards. — Of sufficient extent and good quality;
at a suitable distance from the floor, and properly placed in
regard to light. Troughs to hold chalk dust. A proper
supply of erasers.

(12). Lighting.— O^ sufficient quantity ; windows large and
numerous, with large panes ; lower ledges on a level with the
tops of the heads of the pupils. Grade I. is given, only when
the light is from the left. Opaque blinds where needed.

(13). Heating. — If by stoves, of sufficient capacity ; they and
th^i stove pipes being so placed that all parts of each room
may be properly warmtil. Stoves surrounded by fire screens,
it near the desks. A wati 1 -can on each stove. A proper suppl}-
of wood or coal boxes. If by hot air, hot water, or steam, the
quantity ana distribution of heat to be sufficient. Stoves or
other heating apparatus in good condition. A thcmometer
m each class-room. A uniform temperature of 67 degrees
maintained in winter. Provision for heating the halls, waiting-
rooms, cap-rooms, gynmnasium, and teachers" private rooms,
as well as the class-rooms. Grades I. and II. are given only in
the case of schools neated with hot air, steam pipes, or hot
water pipes.

Legislative Grants.

341

(14). Venlilation.— Vropcr jirovision in each room for the
ingress of pure warm air, and the egress of foul air, so that
there may be a complete change at least three times every hour.
Windows (with sashes) adjustable by weights and pulleys, so
as to be readily lowered from above and raised from belov.-.
Movable fan-lights over each class-room door. The g\ni-
nasium also must be ventilated.

(15). Gymnasium, — The sizes best adapted for a gymnasium
according to the capacity required are : 80 x 40 ; 70 x 35 ; 60 x 30.
The windows in the sides of the building should be placed as
high as possible ; each should be about three feet high and
about six feet wide and should work on pivots ; there should
be as many of them on both sides as can be put in ; there
should be a large window or several windows in one end of
the building, the other end being a dead wall. The doors
should be placed at the end of the building containing the
window or windows. The floor ma\' be either, preferal)ly
wholly planked and mattresses provided, or partially planked,
in which case the end of the building having the dead wall
should have a plank floor for about twenty feet from the wall.
The trapeze and flying rings should be in the central portion
of the building, the point from which they are suspended being
sixteen feet from the ground ; the point of suspension for the
row of side rings may be any height from thirteen to sixteen
feet from the ground. If heated with a stove, it and the
stationary gymnastic apparatus should be properly placed at
the end of the building containing the doors and windows.
In the case of floors partially planked, the flooring, except at
the dead wall end of the building, should consist of sawdust or
sand about one foot and a half deep ; this should be sprinkled
with water every morning about an hour before the first class
commences to exercise, and again at noon if necessar}- ; the
supply of '^awdust must be frequently renewed. A locker and
racks and stands should be provided, where the m()val)le
appliances can be securely kept when not being used by the
class.

342

Legislativk Grants.

VII. — SCHEDULE OF DISTRIHUTION.

The Grant on the grading of the school premises shall be
distributed according to the following scheme : —

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Courses of Study,

343

General.

16. (i). In every Hi^'h School or Collegiate Institute the
head teacher shall be called the Principal, and the other
teachers, Assistants.

(2). It shall be the duty of the Principal to determine the
number of pupils in each Form, the division of subjects among
his assistants, and the order in which each subject shall be
taken up by the pupils, and to make such promotions from one
Form to another as he may deem expedient.

(3). The regulations respecting the duties of teachers and
pupils, and the hours for stud}- in High Schools shall be the
same as those prescribed for Public Schools, except as herein
otherwise provided.

As to the ilulics u( teachers and pupils, see a/ih\ pj). 316 and 31S ; and as to
hours of study, see a/iU', p. 316.

(4). Except when the Public and the High School occupy
the same building, the Principal of the High School shall not
be Principal of the Public School.

Courses of Study.

17. (i). The High School subjects of study shall be taken up
in four Forms. The Principal is not restricted in the sub-division
of Forms, and he shall arrange the upper limit of Form I. to
suit the requirements of his school ; but it is recommended
that the Commercial Course shall be completed in Form I.

(2). The regular subjects of study in P^orms I. and II. shall
consist of Reading, English Grammar, English Composition,
Rhetoric, English Poetical Literature, History and Geograph}-,
Arithmetic and Mensuration, Algebra, Euclid, the Commercial
Course, and Drawing, with Latin, or French, or German, or
Physics and Botany; in Form HI., of English Grammar,
English Composition, Rhetoric, English Poetical Literature,
History and Geography, Arithmetic and Mensuration, Algebra,
Eijclid, and Chemistry, with Latin, or Greek, or French, or
German, or Physics ; and in P'orm IV., of English Grammar,

344

Courses of Study.

Philolof^'w Rhetoric, and Prosody; Enf,dish Composition,
English Poetical Literature, History and Geo;^Taphy, Alf,'el)ra,
Euclid, and Trigonometry, with Greek and Latin, or l-'reiich
and German, or Chemistry, Piiysics, Hotan}', and Zoology.
The special subjects required for pass Senior Matriculatitm
into iiny of the Universities of Ontario may be taken up in
Form IV. in addition to the regular subjects prescribed.

7i <>

18. (i). Every High School pupil shall pursue the course
prescribed in the Form to which he is assigned.

(2). Candidates for the Primary Examination shall take the
full Commercial Course and any two of the books prescribed
in the course in Drawing in Forms L and IL; and the mini-
mum for all other pupils shall be, in Bookkeeping, the single
entry set and any one of the double entry sets, with the com-
mercial forms ; and, in Drawing, any one of the prescribed
books.

(3). Pupils in P'orms III. and IV. preparing for the Matricu-
lation Examination into any of the Universities or the Learned
Societies of Ontario, may take those subjects only that are
required for their examination.

(4). The Commercial Course, Reading, and Drawing may
be continued in the higher Forms, and Agricultural Chemistry,
Physiology and Temperance, Vocal Music, and Stenography
may be taught in any Form, at the option of the Board of
Trustees and the Principal.

(5). Any pupil may take, in addition to the subjects in the
course selected, such other subjects as may be agreed upon by
his parents or guardian and the Principal of the High School;
but no subject not prescribed in the regular High School
courses of study shall be taught in any High School or Col-
legiate Institute without the consent of the Minister of Educa-
tion.

Courses of Study.

.>45

19. (i). Throu,t,'hout all the school terms — W'ritini; shall \>c
tauf,'ht at least twice a week in the lowest division of I'orir. I.,
each lesson beinj^' not less than half an hour in leiifj;th : aiul
the subject shall also be taken up in connection with IJook-
keepinf,' in the other divisions ; Reading shall be tau;^dit at
least twice a week in each of the divisions of Forms I, and II.,
each lesson being not less than half an hour in length ; and
the subject shall also be taken up in connection with English
Literature in all the forms ; Drill, Gj-mnastics, and Calis-
thenics shall be taught, during the regular school hours
and in well organi;ied classes, not less than an hour and
a half a week in each division of Forms I. and II.; and
not less than an hour a week in the other Forms ; and
additional provision shall be made for practice b_\- the
pupils under efficient supervision. In High Schools which
have no Gymnasium, Gymnastics is not obligatory, and
Drill and Calisthenics shall be taken up only in suitable weather
and in accordance with the circumstances of each school.
The time required for Reading and Writing shall be separately
apportioned on the time-table of the school and devoted to the
teaching of them alone ; and when the average number in a
class exceeds twenty-tive, more time than the minimum pre-
scribed shall be given.

(2). No pupil shall be exempted from the prescribed course
in Drill, Gymnastics and Calisthenics, except upon a medical
doctor'" certificate, or on account of evident physical defects ;
and every pupil in the Forms concerned shall be required to
take the course prescribed in Reading and Writing.

(3). In the case of a High School with a Gymnasium, no
grant will be made on this part of the equipment unless the
full time is allowed for Drill, Gymnastics, and Calisthenics,
and the work done is of a satisfactory character, as certified by
the visiting High School Inspector.

20. The following are the details of the regular High
School Courses of Study :

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346

Courses of Study.

Forms I. and II.

Reading. — The principles of Orthoepy and Elocution ;
Reading ; Spelling and Syllabication.

English Grammar. — Etymology and Syntax ; exercises,
chiefly on passages from authors not prescribed.

English Composition and Rhetoric. — Rhetorical analysis of
passages from prose authors not prescribed; themes on
familiar subjects and the prescribed texts ; familiar and
business letters.

English Poetical Literature. — Intelligent comprehension of
and familiarit> .»ith the prescribed texts; memorization of
the finest passages • oral reading of the texts ; supplementary
reading from autl ; )rovided in the High School Library or
supplied by the p \ih under the authority of the High School
Board.

History and Geography. — The leading events of Canadian
and British History— the nineteenth century more particularly.
Commercial, Physical, and Mathematical Geography. Geog-
raphy of Canada and the British Empire more particularly.

Arithmetic and Elementary Mensuration. — Arithmetic in the-
ory and practice; special attention to commercial problems;
areas of rectilinear figures, and volumes of right parallelopipeds
and prisms ; the circle, sphere, cylinder, and cone.

Algebra. — Elementary rules; factoring; greatest common
measure; least common multiple; fractions; simple equations
of one unknown quantity ; simple problems.

Euclid. — Book I.; easy deductions.

Commercial Course. — Writing; precis writing and indexing;
bookkeeping, single and double entry ; conmiercial forms ;
general business transactions.

Drawing. — Bk. i. Architecture; Bk. 2, Constructive Draw-
ing; Bk. 3, Industrial Design; Bk. 4, Landscape Drawing,
Historical Ornament, etc.

Courses of Study,

347

Physics. — An experimental course defined as follows : — ^(0
Properties of matter :— Sensations and things; causes and
effects; absence of chance in the order of nature; matter; the
molecule; constitution of matter; physical and chemical
changes ; inertia ; force ; energy (as defined in sections S8-92
inclusive of the High School Physics) ; three states of matter ;
phenomena of attraction; cohesion; compressibility; elas-
ticity, etc. (b) Sound: — \'ibrations and waves; production
and propagation of sound-waves ; velocit)'; reflection; echoes;
refraction; intensity; pitch; difference between noise and
music, (c) Light : — Propagation ; reflection ; images formed
by plane and spherical mirrors; refraction; lenses; dispersion;
selective absorption ; color, (d) Electricity : — \'oltaic cells ;
polarization ; heating, luminous, chemical, and magnetic
effects produced by the electric current; the electric bell, the
telegraph, the telephone, the electric light ; magnetism.

Botany. — The practical study of representatives of the
following natural orders of flowering plants : Ranunculace^e,
Crucifer;e, Malvaceae, LeguminosaL-, Rosace:e, Supindacejt,
Umbellifer^e, Compositie, Labiatai, Cupulifene, Araceje,
Lilice?e, Iridacd'e, Conifer^e, and Gramincre (types contained
in text-book). A knowledge of structure obtained with the
use of the compound microscope. Drawin^, and description
of plants supplied, and their classiflcation. Comparison of
different organs, morphology of root, stem, leaves and hairs,
parts of the flowers, reproduction of flowering plants,
pollination, fertilization, and the nature of fruits and seeds.

Greek. — The Elementary Greek Book, and sight-reading.

Latin. — The Element? ry Latin Book, grammar, composition,
the prescribed texts, and sight-reading.

French. — The Elementary I'rench Book, grammar, composi-
tion, conversation, dictation, the prescribed texts, and sight-
reading.

German. — The Elementary German Book, grammar, com-

348

Courses of Study.

\'.

position, conversation, dictation, the prescribed texts, and
sight-reading.

Form III.

Euf^lisli Grammar. — A course consisting chiefly of exercises
on passages from authors not prescribed.

English Composition and Rhetoric. — Course in Form II. con-
tinued, and including themes based upon the prescribed texts.

English Poetical Literature.— The course in Form II. con-
tinued, and including intelligent comprehension of and
familiarity with the prescribed texts.

History and Geography. — Great Britain and her colonies from
the Revolution of 1688 to the peace of i8i5,and the Geography
relating thereto. Outlines of Roman history to the death of
Augustus, and the Geography relating thereto. Outlines of
Greek history to the battle of Cha;ronea, and the Geography
relating thereto

Arithmetic and Mensuration. — Course in Form II. completed.

Algebra. — Elementary rules; easy factoring; highest common
measure; lowest common multiple; square root; fractions;
ratio ; simple equations of one, two and three unknown
quantities ; indices ; surds ; easy quadratic equations of one
and two unknown quantities. .

Euclid. — Books I., II., and III.; deductions.

Physics. — An experimental course defined as follows, and
including an acquaintance with the Metric System of Units: —
(a) Dynamics : Definitions of velocity, acceleration, mass,
momentum, force, moment, couple, energy, work, centre of
inertia; statement of Newton's laws of motion; composition
and resolution of forces ; conditions for equilibrium of forces
in one plane. Definitions of a fluid, fluid pressure at a point,
transmission of fluid pressure, resultant fluid pressure, specific
gravity, Boyle's law, the barometer, air pump, water pump,
siphon. (6) xleat : Effects of heat ; temperature ; diffusion
of heat; specific heat; latent heat; law of Charles, (c)

Courses of Study.

349

con-
aiid

Electricity : Voltaic cells ; chemical action in the cell ;
magnetic effect of the current ; chemical effect of the current;
galvanometer; voltameter; Ohm's law; heating effect of the
current ; electric light ; current induction ; dynamo and
motor ; electric bell ; telegraph ; telephone.

Chemistry. — Definition of the object of the science. Rela-
tions of the physical sciences to Biology, and of Chemistry to
Physics, Chemical change, elementary composition of ' tter.
Laws of combination of the elements, atomic theory, molecules,
Avogadro's Law. The determination of atomic weight, specific
heat, atomic heat, nomenclature, classification. The prepara-
tion, characteristic properties, and principal compounds of the
following elements : Hydrogen, Chlorine, Bromine, Iodine,
Oxygen, Sulphur, Nitrogen, Phosphorus, Carbon, Silicon.

Greek. — Grammar, Composition, prescribed texts, and sight-
reading.

Latin. — Grammar, Composiii'^n, prescribed texts, and sight-
reading.

French. — Grammar, Composition, Conversation, Dictation,
the prescribed texts, and sight-reading.

German. — Grammar, Composition, Conversation, Dictation,
the prescribed texts, and sight-reading.

Form /r.

Grammar and Philology. — A course consisting chiefiy of exer-
cises on passages from authors not prescribed.

English Composition, Rhetoric, and Prosody. — Essay-writing;
a course in Rhetoric and Prosody, consisting chiefly of exer-
cises on passages from authors not prescribed.

English Poetical Literature. — Course in Form IIL continued,
and including intelligent comprehension of and familiarity with
the prescribed texts.

History and Geography. — British History from the discovery

350

Courses of Study.

of America to the Revolution of i6S8. Geography to illustrate
the history read.

Alf^cbra. — More thorough knowledge of the subjects of Form
III. together with variation, progressions, permutations, and
combinations binomidal theorem, interest forms with annuities.

Euclid. — More thorough knowledge of the subjects of Form
III. together with Euclid Bks. IV., \'I., and Definitions of Bk.
v.; deductions.

Plane Trigonometry. — Trigonometrical ratios with their
relations to each other ; sines, etc., of the sum and difference
of angles with deduced formulas ; solution of triangle ; expres-
sions for the area of triangles ; radii of circumscribed, inscribed,
and described circles.

Physics. — Course in Form III. continued.

Chemistry. — The practical study of the following elements
with their most characteristic compounds, in illustration of
the outlines of Mendelejeff s classification of the elements :
Hydrogen ; Sodium, Potassium ; Magnesium, Zinc ; Calcium,
Strontium, Barium; Borax, Aluminium; Carbon, Silicon, Tin,
Lead ; Nitrogen, Phosphorus, Arsenic, Antimony, Bismuth ;
Oxygen, Sulphur ; Fluorine, Chlorine, Bromine, Iodine ; Man-
ganese, Iron, Gold, Platinum.

Botany. — The practical study of the representatives of the
flowering plants of the locality in which the High School is
situated, and of representatives of the chief sub-divisions of
cryptograms, such as a fern, a lycopod, a horse-tail, a liver-
wort, a moss, a lichen, a mushroom, and a chara. A knowl-
edge of structure, such as can be obtained with the use of a
compound microscope. Drawing and description of parts of
plants supplied, and their classification. Comparison of
different organs, morphology of root, stem, leaves and hair,
parts of the flower, reproduction of flowering plants, pollination,
fertilization and the nature of fruit and seeds.

Zoology. — The practical study of the subject as defined in

Entrance Examinations.

351

The Hi^h School Zoology, but limited by the author's syllabus
of work.

Greek.— Gvcimmar, Composition, the prescribed texts, and
sight-reading.

Latin. — Grammar, Composition, the prescribed texts, and
sight-reading.

French. — Grammar, Composition, Conversation, Dictation,
the prescribed texts, and sight-reading.

German. — Grammar, Composition, Conversation, Dictation,
the prescribed texts, and sight-reading.

ENTRANCE EXAMINATIONS.
General.

21. In addition to the provisions of The High Schools Act,
the following general regulations shall govern the High School
Entrance Examination :

See section 38 of T/ie Hi,i;h Schools Act, iSgi, ante, p. 293, as to the statutory
provisions relating to the Entrance Examination.

(i). No teacher vvho has pupils writing at the Entrance
Examination shall be eligible as examiner where such pupils
are writing.

(2). At every High School and Collegiate Institute, and at
such other places as may be recommended by the County
Council an examination for admission of pupils to High
Schools and Collegiate Institutes, shall be held in July of each
year on papers prepared by the High School Inspectors and
such other examiners as may be appointed by the Minister of
Education.

(3). Candidates desiring to be examined at a city or town
forming a separate inspectoral district shall notify the Inspector
of such city or town. In all other cases notices shall be sent
to the County Inspector ; and if more examinations than one
are held in the county, the place at which the candidate desires
to be examined shall be named.

352

Entrance Examinations.

(4). High School Hoards shall have power to require each
resident or non-resident pupil to pay a fee not exceeding one
dollar. County Councils shall have like power regarding
county pupils, but any sum thus received from county candi-
dates shall be deducted from the amount for which the county
is liable for maintenance.

(5). When the County Council recommends the holding of
an examination at any place other than the High School, the
presiding examiner shall be paid the sum of .$3 per diem, and
travelling expenses for conducting such examination, and the
examiners shall be allowed the sum of $1 per candidate for
reading the examination papers. It shall be lawful for the
County Treasurer to pay all the expenses of such examination
on the certificate of the County Inspector.

Subjects of Examination.

22. (i). The Entrance Examination will be based on the
subjects prescribed in Form IV. of the Public Schools. The
exammation in Literature will be based partly on prescribed
selections from the authorized Fourth Reader, and partly on
the remaining lessons in the same reader ; and the candidate
will be expected to have memorized prescribed selections from
the Fourth Reader. At the examination in Composition the
candidate will be expected simply to write a letter and a nar-
rative or description, each being of about thirty lines in length.

(2). Candidates shall submit their work in Drawing and
Writing, covering a period of at least three months. When
the authorized books are used, Copy Book No. 6 and Draw--
ing Book No. 5 will be accepted; but no discrimination will be
made in favor of work contained in the authorized drawing-
book or copy-book if the prescribed course is covered.

Duties of Inspector.

23. (i). Application shall be received by the Inspector for
the examination not later than the ist of May.

(2). The Inspector shall notify the Department not later

Entrance Examinations.

353

•for

than the 3rd day of May in each year, of the number of persons
desiring to be examined at any High School or other authorized
place within his jurisdiction.

(3). In any city or town forming a separate inspectoral
division, the Inspector or Inspectors of such city or town shall
preside at the examination, and, in conjunction with the Board
of Examiners for such city or town, shall read the papers and
report to the Department.

(4). In counties in which more High Schools than one are
situated, the Inspector for the county shall elect at which High
School he will preside, and shall notify the Department of
the choice he makes, and in each of the other High Schools
the Principal of the High School shall preside.

(5). In the case of examinations affiliated with a High
School, the Inspector within whose district such affiliated
examinations are held, shall appoint Presiding Examiners, who
shall be teachers in actual service, notice of which shall be
sent to the Education Department ; and such Inspector,
together with the Examiners of the High School with which
the examination is affiliated, shall be the Board of Examiners
in all such cases.

(6). Where, from the number of candidates, or any other
cause, additional Presidmg Examiners are required, the
Inspector shall make such appointments as are necessary,
preference being given to the other members of the Board of
Examiners. The Inspector shall not appoint as Presiding
Examiner any teacher who has taken part in the instruction
of any of the candidates in the room where he presides, or
who is not in actual service.

(7). Where more examinations than one are held in an
inspectoral district, the papers will be sent by the Education
Department to the Inspector, or the Presiding Examiner, as
the case may be.

(8). The parcel containing the examination papers shall not
be opened till the morning of the examination day, nor shall

354

Entranck Examinations.

5*1

any envelope containing the papers in any subject be opened
until the time appointed in time-table for the examination in
such subject.

Duties of Presidiiif^ Examiners.

24. It shall be the duty of Presiding Examiners :

(i). To be in attendance at the place appointed for the
examination at least fifteen minutes before the time fixed for
the first subject, and to see that the candidates are supplied
with the necessary stationery, and seated so far apart as to
afford reasonable security against copying.

(2). To open the envelope containing the papers in each
subject in full view of the candidates at the time prescribed,
and to place one paper on each candidate's desk.

The Presiding Examiner will please see that the seal is inla<t when the hag con-
taining the examination papers is received by him. The bag can be openeii when
required, by breaking the wire ilose to the seal.

(3). To exercise proper vigilance over the candidates to
prevent copying, and to allow no candidate to communicate
with another, nor permit any person, except a co-examiner, to
enter the room during examination.

(4). To see that the candidates promptly cease writing at
the proper time, fold and endorse their papers properly, and
in every respect comply with the regulations herein contained.

At the close of the Examination the Presiding F'xaminers are reijuesled to take
charge of all surplus examination papers, and to retain them or hand them to the
Public School Inspector for future distribution amongst applicants for them.

(5). To submit the answers of the candidates to the
Examiners according to the instructions from the Board.

The Candidate's answers iire to be returned in the bag, which is to be folded
and tied so that the words *' The property of the Education Department" will be
outwards. The shipping tag addressed to the Education Department to be securely
attached to the strap.

Duties of Candidates.

25. The following shall be the duties of High School
Entrance candidates:

(i). Every candidate shall be in attendance at least fifteen

opened
ation in

Kntranci: ICxAM I nations.

.555

for the
ftxed for
supplied
irt as to

in each
ascribed,

he bag con-
)ened when

dates to
fnunicate
niner, to

riting at

rly, and

intained.

ted to take
them to the
n.

to the

Ird.

be folded
t " will l)e
)e securely

School

fifteen

minutes before the time at which the examination is to begin,
and shall occupy the seat allotted by the Presiding Examiner.
Any candidate desiring to move from his allotted place or to
leave the room, shall first obtain permission from the Presiding
Examiner to do so. Any candidate leaving shall not return
during the examination in the subject then in hand.

(2). Every candidate shall write his answers on one side
only of the paper, and shall number each answer. He shall
arrange the sheets numerically, according to the questions,
and fold them once crosswise, endorsing them with his name,
the name of the subject, and the name of the place at which
he is examined. No paper shall be returned to a candidate
after being placed in the hands of the Presiding Examiner.

(3). Any candidate who is found copying from another or
allowing another to copy from him, or who brings into the
examination room any book, note or paper having any reference
to the subject on which he is writing, shall be recjuired by the
Presiding Examiner to leave the room, and his papers and the
papers of all the guilty parties shall be cancelled.

(4). Candidates for examination in Drawing and Writing
must place their drawing and copy books in the hands of the
Presiding Examiner on the morning of the first day of the
examination. Every exercise must be certified by the teacher
as being the candidate's own work.

Duties of Examiners.

26. In reading the papers the Examiners shall be guided
by the following schedule of values and instructions :

(i). Reading, 50 marks; Drawing, 50; Physiology and
Temperance, 75 ; Writing and Neatness, 35 ; Writing, 50 ;
Orthography, 30 : Literature, 100 ; Arithmetic, 100 ;
Grammar, 100; Geography, 75: Composition, 100; History.
75. The marks for neatness shall be divided equally among
the last seven subjects, and shall be added to the value herein
assigned to those subjects. Of the marks for Drawing and

.i
\

356

Entrance Examinations.

Writing; 25 will be assi^Mied to the paper on these subjects,
and a maximum of 25 may be awarded as the result of the
inspection of the candidate's drawing and copy books. Two
marks shall be deducted for each misspelt word on the Dicta-
tion paper, and one mark shall be deducted for each misspelt
word on the other papers.

(2). Examiners should return the drawing and copy books
to the candidates at the close of the examination.

(3). The papers of the different candidates shall be so dis-
tributed that the same Examiner shall read and value the
answers in the same subject throughout.

(4). Each Examiner shall mark distinctly in the left hand
margin the value assigned by him to each answer or partial
answer, shall sum up the total on each page at the foot of the
margin, and shall place the general total on the back of the
outside sheet, indicating the deductions for misspelt words,
and the additional marks for neatness, thus,^.g'.. History, 60 —
5sp. + 3n. = 58, and initialing each set of papers examined.

Reports, Certificates, and Appeals.

27. (i). Any candidate who obtains one-third of the marks
in each subject (neatness included) and one-half of the aggre-
gate may be admitted provisionally to a High School by the
Board of Examiners. Of those who fail, only the following
classes of candidates should be recommended : {a) those who
fail to reach the standard prescribed in some subject, who have
not made a bad failure in any subject, and who have made
considerably more than the aggregate marks required ; (6)
those who, in the opinion of the Examiners, on account of age
or for some special reason, should be recommended to the
favorable consideration of the Minister of Education. No
candidate should be recommended on the ground of age alone,
who shall not have reached at least his fifteenth year before
the date of the next Entrance Examination. The reasons for
recommendation shall be set forth in full opposite the name of
each candidate recommended.

IiNTRANCK Examinations.

357

lubjects,
t of the
5. Two
e Dicta-
misspelt

:>y books

e so dis-
^alue the

eft hand
)r partial
ot of the
2k of the
It words,
ory, Co-
ined.

he marks
le aggre-
by the
bllowing
lose who
ho have
ve made
red; {b)
nt of age
to the
Ion. No
ge alone,
ar before
isons for
name of

(2). The names of candidates passed or recommended shall
not be published until after the decision of the Minister has
been received.

(3). The Inspector shall issue a certificate to each candidate
whose admission has been approved by the Minister of
Education.

(4). The report of the Examiners, together with the answers
of the Candidates, shall be transmitted by the Inspector to the
Education Department (charges prepaid) on or before the 20th
of July in each year.

.•7// ex/>>Yss i/iiip-i^'t's OH parci-ls sent to the Depart incut are to he prt'iaiil.

(5). Candidates may claim to have their papcis re-read upon
the followini.' conditions : —

(a) The appeal or claim must be in the hands of the Minister
of Education on or before the 15th of August, and the ground
of the appeal must be specifically stated. The Examiners
shall dispose of all appeals without delay and no appeal shall
subsequently be entertained on any ground whatever.

(6) A deposit of $2 must be made with the Department,
which deposit will be returned to the candidate if his appeal
or claim is sustained.

(6).— (rt) When at any time during the interval between
Entrance Examinations it is considered desirable to admit a
pupil provisionally until the next examination, the Principal of
the High School and the Public School Inspector shall at once
report in detail upon the case to the Minister of Education.
Application should be made only in behalf of pupils who could
not have presented themselves at the examination ; and as a
rule, when the work of the term is considerably advanced,
admission should not be granted to pupils only fit for the
lowest classes.

(6) Pupils proposed for admission under this regulation are
not to be enrolled by the Principal or to receive any instruction

358 Entrance Examinations,

from the staff until their provisional admission has been
sanctioned by the Minister.

(c) Pupils provisionally admitted shall not be required to pass
the examination in Literature or to submit Drawinj^ and Copy
Books at the Entrance Examinations.

TIME-TABLE.

First Day.

A.M. 8.45 Reading Regulations.

9.00-1 1. 00 English Grammar.

1 1. 10- 1 2. 40 Geography.

P.M. 2.00-4.00 .....Composition.

4.10-4.45 Dictation.

Second Day.

A.M. 9.00-11.00 Arithmetic.

II. 10-12. 20 Drawing.

P.M. 1.30-3.00 History.

Third Day.

A.M. 9.00.11.00 English Literature.

11.10-11.40 Writing.

P.M. 1 .30-3.00 Physiology and Temperance.

Reading to be taken on the above days at such hours as
may suit the convenience of ihe Examiners.

T/ie Public School Leaving Examination or some modification
thereof, will be substituted for the present High School Entrance
Examination as soon as the results of the present changes in the Publir
School Leaving Examination justify the Education Department in
adopting this course.

Primary Examination in Oral Reading, Dr.\wing,
AND THE Commercial Course.

28. (i). (rt) This E.xamination will be held each year on the
day preceding the High School Entrance Examination.

(6) The examination of the Drawing books and Bookkeeping

Pkimauy Examination.

359

LS been

to pass
id Copy

ance.
Hours as

dification
Entrance
he Public
tnient in

INd,

r on the
keeping

sets of al' candidates for the Primary shall be conducted in
each High School, by the Principal of the High School
and the High School teachers of Drawing and the
Commercial Course. For the purposes of this examination,
the Drawing books and Bookkeeping sets of candidates
who have not been in attendance at a High School shall, in
each case, be forwarded to the Principal of the High School
nearest the School in which the candidate has been prepared.

(c) The examination in Reading and on the papers set by
the Department in Drawing and the Commercial Course,
will be held at the centres for the High School Entrance
Examinations. When the examination is held at a High
School, the Examiners in Reading shall be the High School
Principal and the High School teacher or teachers of the sub-
ject. The Presiding Examiner or Examiners shall examine
at the other centres, and shall, immediately after the examina-
tion, forward the grading assigned each candidate in Reading,
to the Principal of the High School at which the candidate's
Drawing books and Bookkeeping sets are being examined.

(2). The Examiners shall be guided by the following instruc-
tions.

(a) Each candidate shall read from the High School Reader
one passage of not less than thirty lines, selected by the
Examiners, and another from any book chosen by himself.

(6) Each candidate shall submit for examination his school
work in drawing in the books prescribed for this examination in
Reg. 18 (2) or the equivalent thereof in character and amount.

(c) Each candidate shall submit for examination his school
work in Bookkeeping and Commercial Transactions, which
shall consist of the following as a minimum : — Four sets, each
of at least ten foolscap pages or the equivalent thereof, and
each comprising the necessary books of original entry with
ledger and bill book. The sets shall consist of one in single
entry and three in double entry, and the books of each set, if
written in a blank book, shall be entered together and shall be

36o

Primary Examination.

wholly separate from the others. The single entry set shall be
especially suitable for farmers and artisans or for retail mer-
chants and general traders, and shall employ the cash book,
journal, ledger, and bill book, in addition to the necessary
books of original entry. One of the double entry sets shall be
suitable for retail merchants, and shall show transactions
covering a period of two months of actual business, the
ledger being closed at the end of each month and a statement
of resources and liabilities shown. The second double entry
set shall be a set in Partnership, embracing transactions in
Commission and Brokerage ; and the third shall be a con-
tinuation of the single entry set, showing clearly the transfer
from single to double entry. Any three accounts in the single
entry set shall be made in proper form and submitted to the
Examiners. The candidates shall also submit at least two
examples of each kind of commercial forms and correspondence
pertaining to the sets. A descriptive index shall accompany
each of the four sets, and the transactions in each set shall
be different from year to year.

(d) The Drawing books and Bookkeeping sets shall, in each
case, be certified by the candidate's teacher or teachers as
being the candidate's work; and not less than the prescribed
minimum shall, in any case, be accepted, the examination
being on the quality of the work submitted.

(3). Each candidate shall pass, in addition, an examination
in the subjects prescribed in Drawing and the Commercial
Course, the papers being prepared and the answers read and
valued by the Departmental Examiners. The maximum for
each paper shall be 50 marks, and the pass standard one-third
on each papei and one-half of the total of both. The Presiding
Examiners at this examination shall be those appointed for
the High School Entrance Examination; the rate of remunera-
tion shall be the same; and the cost shall be borne by the
same corporations.

See ante, p. 294, as to examiners' fees and payment of same.

(4). The standing of the candidates, which shall range from

Primary Examination.

361

I. to IV., those graded IV. being rejected, shall be entered in
a form provided by the Education Department. The Principal
of the High School shall retain for the use of the next visiting
High School Inspector, a copy of the form, and the certificates
required from the Principal of the Public or Separate School
in paragraph (6) below.

(5), The Drawing books and the Bookkeeping sets of I ugh
School and other pupils who have passed this examination
shall be retained in safe keeping by the Principal of the High
School, until the next ensuing visit of the High School In-
spector, who shall report specially to the Minister of Education
on the character of this examination, and on whose report the
Minister may cancel this examination wholly or in part. The
answer papers in Drawing and the Commercial Course shall
be transmitted (prepaid) to the Education Department im-
mediately after the close of the examination.

(6). The examination in Reading and the Commercial
Course will not be accepted by the Minister unless at least
the time prescribed in Regulation 19 (i) for Reading and
Writing has been allowed in the time-table during the pre-
ceding year, as certified by the Inspector and the Principal of
the High, Public, or Separate School, as the case may be.
The required certificate shall be forwarded to the Principal of
the High School, by the Principal of the Public or Separate
School with the Drawing books and Bookkeeping sets of his
pupils.

(7). Any candidate who passes the Primary Examination in
Reading, Drawing, and the Commercial Course, and who, in
the opinion of his teachers, possesses a good business educa-
tion, shall be entitled to a Commercial certificate signed by
the Principal of the High, Public, or Separate School, as the
case may be.

(8). Candidates who have been awarded Commercial certifi-
cates shall not be required to pass the examination in
Drawing and the Commercial Course more than once. All

362

Diplomas and CoMMiiNCEMENT Exercises.

candidates shall pass the examination in Oral Reading as often
as they may present themselves for examination in the other
subjects of the Primary Examination, and shall take again the
course in Reading prescribed for Forms I. and II. of the High
Schools.

TIME-TABLE.

Forenoon, Q.0010.30 Paper in Drawing.

(Paper in Bookkeeping and

10.40-12. 10 -! Commercial Transactions

( and Penmanship.

Oral Reading shall be taken on the same day at such hours as
may suit the convenience of the Examiners, and shall
continue until completed, if necessary, on the following
day.

Diplomas and Commencement Exercises.

29. (i). Every pupil shall be entitled to a High School
Graduation Diploma, who passes a Departmental examination
in any of the courses in Form III. or IV. of the High Schools,
and who submits to the Minister of Education, through the
Principal, a certificate from the Principal that the candidate
has attended a High School for at least one year ; and a
certificate of character signed by the Principal.

(2). Commencement exercises shall be held in each High
School or Collegiate Institute at a suitable time during the
Autumn of each year, at which Diplomas, Medals, or Certifi-
cates may be presented to the successful candidates.

III.— DEPARTMENTAL AND UNIVER-
SITY EXAMINATIONS.

Examinations and Appointment of Examiners.

30. (i). Examinations will be held annually at each High
School and Collegiate Institute, and at such other places as

Examinations and Ape'ointment ok Examinkks. 563

High
ces as

the Minister of Education may designate, in the courses of
study prescribed for each of Forms I. and II., III. and IV.
These examinations shall be known respectively as the High
School Primary, the High School Junior and Senior Leaving
Examinations, and the University Pass and Honor Matricula-
tion Examinations.

(2). The Minister of Education may act in conjunction with
the Senate of the University of Toronto in conducting these
examinations by means of a Joint Board of the Education
Department and University of Toronto, to be appointed as
soon after the ist day of October in each year as is practicable.

(3). The Joint Board shall elect a chairman from their
number who shall retain his right to vote as a member of the
Board. In case of any vacancy on the Board the appointing
body may fill the same for the remainder of the term.

(4). The Board shall appoint Examiners to prepare the
examination papers for the Departmental and University
Matriculation Examinations, but such Examiners shall not
exceed fifteen in number. The Board shall also appoint such
Associate Examiners as may be necessary for the reading of
the answer papers of the candidates at the said examinations.

(5). The Examiners shall be selected from perbons qualified
by experience as teachers in either a University or a High
School to set papers suitable for candidates at such examina-
tions.

(6). The Associate Examiners shall be selected from a list
of graduates of Universities in the British Dominions actually
engaged in teaching, such list to be furnished by the Minister
of Education and to contain the names of at least double the
number of Associate Examiners required.

(7). No Examiner or Associate Examiner shall be appointed
who is objected to by three out of the four representatives
either of the University or of the Department of Education.

■■ii

364

Duties of Examiners.

Duties of Examiners.
31. The following shall be the duties of the Examiners: —

(i). To elect at the first meeting a chairman from their
number who shall retain his right to vote as a member of the
Board.

(2). To assign at the first meeting the subjects of examina-
tion to the different members, and to arrange for having the
manuscript of the examination papers in the hands of the
Minister of Education at such dates as he may fix.

(3). To revise and approve of all examination papers and to
assign values to the questions. The Examiners are jointly
and severally responsible for the character of the questions in
each of the papers.

(4). To arrange in alphabetical order the names of the
Examiners in each department at the head of each paper in
that department, and to give, as far as possible, instructions
to candidates in the same form at the head of each paper.

(5). To avoid, as far as possible, questions that consist of
numerous parts with different values for each part.

(6). To use capital letters. A, B, etc., to denote the sections
of the papers, and figures i, 2, etc., consecutively throughout,
to mark the individual questions. To space in printing and
to mark with letters (a), (6), etc., the several sub-sections
under each number.

(7). To place, as far as the nature of the paper allows,
optional questions, if any, at the end of the paper.

(8). To take the general management of the work of fi c
Associate Examiners and to settle such questions connectti!
therewith as may be referred to them by the chairmen of the
sections.

(9). To assist the Associate Examiners in each section in
reading the answer papers and to report to the Minister of
Education and Joint Board the results of the examinations.

Duties of Associate Examiners.

365

(10). To settle the results of the examinations in accordance
with the standards and regulations of the Education Depart-
ment and the Senate of the University respectively.

(11). To decide and report upon all appeals in conjunction
with such persons as may be appointed for that purpose.

Duties of Associate Examiners.

32. (i). The Associate Examiners shall be classified into
sections according to the subjects of examination. An
Examiner shall be the chairman of each section, or, where an
Examiner is unable to act, such person as may be appointed
for that purpose by the Joint Board.

(2). The chairman of a section shall have general oversight
of the work done thereby, and shall spend so much of his time
as may be necessary in revising the work of his colleagues,
with a view to remove clerical errors and secure practical
uniformity in valuing the answers.

(3). Before commencing the actual work of examination the
Associate Examiners of each section shall spend sufficient time
in discussing the answers and reading answer papers jointly,
to enable the members to arrive at a consensus of opinion as
to the valuation of answers, especially of partial or imperfect
answers.

(4). When a section finds that the values assigned to the
questions on the examination papers are unsatisfactory, or
v/hen it is evident that the Examiner has not followed the
Course of Study prescribed by the Education Department or
by the Curriculum of the University of Toronto, it shall report
through its chairman to the chairman of the Examiners or the
person acting on his behalf.

(5). No Associate Examiner shall have in hand more than
twenty papers at one time, nor shall he have more than one
envelope opened upon his table at one time, except in cases of
suspected copying, in which case he shall return each sheet
to its proper envelope. The papers shall be returned in the

:»

1 ' f

366

Duties of Associate Examiners.

numerical order in which they were received. In cases of
suspected copying, the Associate Examiner shall note on the
face of the envelope : "Copying, see No. question — ;-."

(6). One mark shall be deducted for each misspelt word
and for each instance of bad English from the marks obtained
in each subject. At the Primary and the Junior Leaving
Examination in English Composition an essay will be expected
of about sixty lines in length, and at the Senior Leaving
Examination, of about ninety lines.

(7). At all the examinations in Arithmetic, either arithmetical
or algebraic solutions shall be accepted.

(8). In reading the papers each Associate Examiner shall
mark distinctly, in the left-hand margin, the value assigned by
him to each answer or partial answer, shall sum up the total
on each page at the foot of the margin, and shall place the
result on the face of the envelope, indicating the deductions
for misspelt words and incorrect English thereon, thus, e.g.,
History 80- 2 sp. — 4 f.s.= 74, and initialing the enveloping of
each paper examined.

(9). The hours of vork shall be from 9 o'clock a.m. to 12
noon, and from 2 o'clock p.m. to 5 p.m. Examiners shall
begin and stop work promptly, and shall abstain from all
unnecessary conversation during working hours. The work of
the examination shall be strictly confidential.

(10). Associate Examiners shall be paid the sum of $6 per
day, the payment being subject to the restriction that the
whole amount paid for the examination shall not exceed the
sum of $1.50 per candidate.

(11). Associate Examiners who do not reside in Toronto
will be allowed their actual railway expenses to and from their
usual residences in Ontario.

Examination Papers.

33. (i). At all the examinations, each paper on the Latin,
Greek, French and German authors shall contain, in addition

Examination Papers.

367

cases of
on the

m — -r

ilt word
jbtained
Leaving
expected
Leaving

timetical

er shall
gned by
he total
lace the
ductions
lus, e.g.,
oping of

to 12
rs shall
rom all
work of

$6 per
hat the
eed the

'oronto
m their

Latin,
ddition

to questions on passages from the prescribed texts, questions
on passages from works not prescribed but similar in style and
of equal difficulty; and the meaning shall be given of words
not likely to have been met with by the candidates. The
examinations in the "Sight-work" shall determine, not
whether the candidate has read more than the prescribe ^
texts, but whether he is familiar with the idioms and con-
structions met in the prescribed course.

(2). At the Primary and Junior and Senior Leaving
Examinations in Poetical Literature, " Sight-work " shall also
be given ; but at the Leaving Examinations the examination
papers shall consist of three sections, two being on the pre-
scribed texts, and the third on an " unseen " passage ; of
these, University candidates shall take the first and second,
and Departmental candidates the third, with one of the others
prescribed by the Examiners.

(3). In the subjects of Mathematics, English, and History
and Geography the papers for pass matriculants either shall
be distinct from those for the Junior Leaving Examination, or
shall be supplemented by questions specially adapted to the
latter class of candidates.

(4). At the Primary and Junior Leaving Examinations the
value of the questions on Grammar in the paper on Grammar
and Rhetoric shall be two-thirds of the value of the whole,
and at the Primary Examination the value of the questions in
Algebra in the paper on Algebra and Euclid shall also be two-
thirds of the value of the whole. The questions in Mensura-
tion are for the Junior Leaving Examination only.

(5). At the Senior Leaving and Honor Matriculation
examinations in Botany and Zoology, the specimens for
description and identification shall be sent from the Educa-
tion Department where required, and at the Primary
examination in Botany they shall be provided by the Presiding
Examiner.

). IB

368

Examination Papers.

(6). The subjects, number, and values of the papers for the
different examinations shall be as follows : —

I. Primary Examination.

No. of papers. Value of subject.

English Grammar and Rhetoric... One 200

English Composition (Essay) " 100

English Poetical Literature " 200

History and Geography " 150

Arithmetic, Mensuration, and Com- ) , ^

mercial Transactions I

Algebra and Euclid " 200

Physics " 100

Botany '* 100

/ Two — one on Authors
Latin and one on Composition

t and Grammar 200

French " " 200

German " " 200

ijii

2. Junior Leaving Examination.

No. of papers. Value of subject,

English Grammar and Rhetoric... One 150

English Composition (Essay) " 100

English Poetical Literature " 200

History and Geography " 150

Arithmetic and Mensuration " 200

Algebra " 150

Euclid " 150

Chemistry " 200

Physics " 200

f Two — one on Authors
Latin land one on Composition

land Grammar 200

" " 200

French .
German
Greek...,

((

200
200

Primary and Leaving Examinations.

369

; for the

ue of subject,
200
100
200

200

200
100
100

200
200
200

ue of subject.

100
200

200

200
200

200
200
200
200

One.

3. Senior Leaving Examination.

No, of papers.

English Grammar, Philology,)

Rhetoric, and Prosody (

English Composition (Essay)

English Poetical Literature

History and Geography

Algebra

Euclid

Trigonometry

Chemistry ,

Physics

Botany

Zoology '

Four.

.400

Latin

/Two — one on Au-^

thors and one on 1

j Composition and j

(.Grammar ;

Valueof subject.
200

100
200
150
150
150
150
( 125

Greek ...
French..
German.

«(

200

200
200
200

Primary and Leaving Examinations.

34. (i). In addition to Reading, Drawing, and the Com-
mercial Course, the subjects of examination for the Primary
Examination shall consist of English Grammar and Rhetoric,
English Composition, English Poetical Literature, History
and Geography, Arithmetic and Mensuration, Algebra and
Euclid, with Latin, or French, or German, or Physics and
Botany. The subjects of examination for the Junior Leaving
Examination shall consist of English Grammar and Rhetoric,
English Composition, English Poetical Literature, History
and Geography, Arithmetic and Mensuration, Algebra, Euclid,
and Chemistry, with Latin, or Greek, or French, or German,
or Physics ; and for the Senior Leaving Examination, of
English Grammar, Philology, Rhetoric, and Prosody ; English
Composition, English Poetical Literature, History and

370

Matriculation Examinations.

•^ >«,...
•*«••»

C""""
••"••.»,

Geography, Algebra, Euclid, and Trigonometry, with Greek
and Latin, or French and German, or Chemistry, Physics,
Botany and Zoology.

(2). Any candidate who obtains one-third of the marks in
each paper and one-half of the aggregate marks obtainable,
shall be entitled to the certificate for which he has been
examined.

(3). Only those candidates arc eligible to write at the Junior
Leaving Examination who have passed the Primary Examina-
tion, or who having made the aggregate marks required, have
been recommended by the Principal of the High School.

(4). Any candidate who has passed the Primary Examina-
tion in Oral Reading, Drawing, and the Commercial Course
shall, on the recommendation of the Principal, be eligible to
write at the Senior Leaving Examination without passing the
Junior Leaving Examination or the rest of the Primary
Examination.

Matriculation Examinations.

35. (i). All candidates for Junior Matriculation shall take
the pass subjects in Latin, Mathematics, English, History and
Geography, and in one of the following groups : (a) Greek ;
(6) French and German ; (c) French and either Physics or
Chemistry ; (d) German and either Physics or Chemistry.

(2). The standard for pass shall be twenty-five per cent, on
each paper and forty per cent, on the whole examination.
The standard for honors shall be for Second Class, fifty per
cent., and for F^irst Class, sixty-seven per cent, of the aggregate
of marks obtainable. The honor standing of each candidate
shall be determined by the marks obtained on both his honor
and his pass papers, and the names of honor matriculants
shall be arranged alphabetically in each department.

Notice by Candidates.

36. (i). Every person who purposes to present himself at
the Primary or Junior or Senior Leaving Examination, or the

Matuiculation Examinations.

57^

h Greek

Physics,

narks in
tainable,
las been

e Junior
[xaniina-
ed, have
)ol.

Ixamina-
1 Course
igible to
ssing the
Primary

lall take
ory and

Greek ;

sics or
'try.

cent, on
nation,
fty per
gregate
indidate
is honor
iculants

nself at
, or the

Matriculation Examination shall send to the Inspector within
whose inspectoral division he intends to write, not later than
the 24th of May preceding, a notice stating the class of cer-
tificate for which he is a candidate, and wh.it optional subject
or subjects he has selected. Such notice shall be accompanied
by a fee of $5 .

(2). In the case of those candidates who apply for examina-
tion in one or two subjects only, for the purpose of completing
a course for pass matriculation into any University or Learned
Profession, a fee of $2 shall be charged, §i of which shall be
sent to the Department.

(3). Where a High School is situated in a city or town
constituting a separate inspectoral division, the Inspector of
such city or town shall be responsible for the conduct of the
examination held thereat, and shall receive applications from
intending candidates, and repott to the Department; but in
all other cases the County Inspector shall be rL'sponsiblc and
shall receive the necessary applications.

_ Duties of Inspector and Presiding; Examiners.

37. The following shall be the duties of Inspectors and
Presiding Examiners :

(i). When the Inspector is unable to preside at the examina-
tion, or where more examinations than one are held in his
inspectorate, he shall appoint, one month before the examina-
tion, subject to the approval of the Minister of Education, a
Presiding Examiner who shall be a teacher in active service
(competent to select the plants for the Primary Botany-
Examination); otherwise the Minister will make the appoint-
ment. When more rooms than one are required for the
candidates, an Examiner (who shall be a teacher in actual
service) approved by the Minister, shall be appointed by
the Inspector for each room. The Presiding Exaniiner shall
indicate, in his report to the Department, the candidates who
were placed in the several rooms respectively, and shall also

372

Matriculation Examinations.

send a diagram of the rooms on the form provided, showing
the position occupied by each candidate and Presiding
Examiner during the examination.

(2). The Inspector shall not appoint, as Presiding Examiner,
any teacher employed in a school from which there is any
candidate at such examination, or any person who has taken
part in the instruction of any of the candidates ; nor shall any
person, except the Examiners, be present with the Cc.ndidates,
in any room at such examination ; and, at least, one Examiner
shall be present during the whole time of the examination in
each room occupied by the candidates.

(3). Every Inspector shall send to the Education Depart-
ment, not later than the 25th of May, a list of the candidates
with $3 of the fee of each, the other $2 being sent on the
same date to the Treasurer of the High or tlie Public School
Board, as the case may be.

(4). Each Inspector, or such other person as may be
appointed by the Minister, shall himself, in person, receive
from the Department, or the Inspector, the examination
papers, and shall thereupon be responsible for the safe keeping
of the parcel containing the same, unopened, until the morning
of the first day of the examination.

(5). No Presiding Examiner shall admit any candidate,
either as an additional candidate, or in the place of an absent
one, whose notice has not been duly given to the Department ;
no candidate who, in his notice to the Department, elects to
take any specific optional subject, will be allowed to substitute
any other, and no candid;ite who has given notice to the
Department of his intention to be examined at a specified
place, will be allowed to appear for examination elsewhere.

(6). The Inspector or Presiding Examiner shall transmit to
the Education Department, on the first day of the examination,
a copy of the following declaration, signed by himself and the

Matriculation Examinations.

37Z

showing
'residing

xaminer,
•e is any
as taken
shall any
ndidates,
examiner
lation in

Depart-
indidates
t on the
c School

may be

receive

mination

keeping

morning

ndidate,

absent

irtnient ;

lects to

bstitute

to the

specified

'here.

ismit to
ination,
and the

•other Examiners, (but such declaration shall not be required
more than once from any Examiner) ; —

" I solemnly declare that I will perform my duty of Examiner,
■withoL.L Tear, favor, affection or partiality towards any candidate."

(7). Places shall be allotted to the candidates so that they
may be at least five feet apart. All diagrams or maps having
reference to the subjects of examination shall be removed
from the room ; all arrangements shall be completed, and the
necessary stationery distributed at least fifteen minutes before
the time appointed for the commencement of the examination.

(8). Punctually at the time appointed for the commencement
of each examination, the Presiding Examiner shall, in the
examination room and in the presence of the candidates and
other Exa.miners (if any), break the seal of the envelope con-
taining the exan^ination papers, and give them to the other
Examiners and the candidates. The papers of only one
subject shall be opened at one time.

(9). Should any candidate be detected in talking or whisper-
ing, or in copying from another, or allowing another to copy
from him, or in having in his possession, when in the room,
any book, notes, or anything from which he might derive
assistance in the examination, it shall be the duty of the
Examiner, if he obtain clear evidence of the fact at the time
of its occurrence, to cause such candidate at once to leave the
room; nor shall such candidate be permitted to enter during
the remaining part of the examination, and his name shall be
struck off the list. If, however, the evidence be not clear at
the time, or be obtained after the conclusion of the examina-
tion, the Examiner shall report the case to the Department.

(10). Punctually at the expiration of the time allowed, the
Examiner shall direct the candidates to stop writing, and cause
them to hand in their answer papers immediately, duly
fastened in the envelopes.

(11). The Examiner shall keep upon his desk the certified
list of the candidates, and as each paper in any subject is

. s

I. Q

i 3

374

Matriculation Examinations.

handed in, he shall check the same by entering the figure
" I " opposite the nn.me of the candidate, on the form pro-
vided. After the papers are handed in the Examiner shall not
allow any alterations to be made in them, and he shall be
responsible for their safe keeping until transmitted to the
Education Department, or placed in the hands of the Presiding
Examiner.

(12). The Presiding Examiner, at the close of the examina-
tion on the last day, shall secure in a separate parcel the
fastened envelopes of each candidate, and on the same day
shall forward by express (prepaid), or deliver to the Education
Department the package containing all the parcels thus
separately secured. The papers are to be arranged in the
alphabetical order of the surnames of the candidates. The
Inspector or Presiding Examiner shall, at the same time, sign
and for\iard a solemn declaration that the examinations have
been held and conducted in strict conformity with the regula-
tions, and fairly and properly in every respect ; and also a
certificate that he has been satisfied as to the personal identity
of each candidate.

(13). At the Primary Examination in Botany the Presiding
Examiner shall himself provide the specimens to be submitted
to the candidates, in accordance with sealed instructions from
the Education Department.

(14). Two plants will be submitted to candidates at both
examinations, one for examination and one for classification.
The former shall belong to one of the prescribed orders, but
shall not be one of those fully described in the High School
Botany ; and in the classification of the other, candidates
shall be allowed to use the text-book.

(15). Specimens of the plant— one for each twenty candi-
dates, and each enclosed in a separate envelope — shall be sent
by the Presiding Examiner to the Education Department with
the answer papers in Botany.

Matriculation Examinations.

375

he figure
"orm pro-
shall not
shall be
d to the
Presiding

examina-
arcel the
>ame day
-ducation
;els thus
d in the
es. The
ime, sign
ons have
e regula-
id also a
1 identity

'residing
ubmitted
)ns from

at both
fication.
ers, but
1 School
ndidates

V candi-

be sent

mt with

(i6). At the Senior Leaving and Honor Matriculation

Examinations, " slides " will be sent from the Education

Department with specimens for examination and classification,

and the Presiding Examiner is required to arrange that each

candidate may have the use of a compound microscope for at

least twenty minutes during the examination in Botany and in

Zoology.

Duties of Candidates.

38. The following shall be the duties of candidates : —

(i). Each candidate shall satisfy the Presiding Examiner as
to his personal identity before the commencement of tiie
second day's examination, and any person detected in attempt-
ing to personate a candidate shall be reported to the Depart-
ment.

(2). Candidates shall be in their allotted places before the
hour appointed for the commencement of the examination.
If a candidate be not present till after the appointed time, he
shall not be allowed any additional time. No candidate shall
be permitted, on any pretence whatever, to enter the room
after the expiration of an hour from the commencement of the
examination.

(3). No candidate shall leave the room within one hour after
the distribution of the examination papers in any subject ;
and if he then leave he shall not be permitted to return
during the examination on such subject.

(4). Every candidate shall conduct himself in strict accord-
ance with the regulations. Should he give or receive any
aid or extraneous assistance of any kind, in answering the
examination questions, or if he leaves his answers exposed so
that any candidate may copy from him he will forfeit any
certificate he may have obtained. Should the candidate have
failed at the examination he shall be debarred for two years
from writing at any Departmental examination.

(5). Every candidate shall write the subject of examination
very distinctly at the top of each page of his answer papers,

i- 3
I

376

Matriculation Examinations.

•B£-:;:ii

C«,.;:

in the middle. If a candidate writes his name or initials, or
any distinguishing sign or mark on his answer papers, by which
his identity might be disclosed they will be cancelled.

(6). Candidates, in preparing their answers, shall write on
one side only of each sheet, and shall mark the sheets in each
subject in the order of the questions, as ist, 2nd, 3rd, etc.;
and on the last sheet shall write distinctly the total number of
sheets enclosed in the envelope, fold them once across, place
them in the envelope provided by the Department, write on
the outside of the envelope the subject of examination only,
and on the slip provided, his name in full (surname preceding),
and then securely fasten the slip to the envelope, as instructed
by the Presiding Examiner.

(7). Each candidate at the Botany Examinations shall pro-
vide himself with a drawing pencil, a hand-lens, and a sharp
knife.

(8). Each candidate at the examination in Zoology shall
provide himself with a pocket-lens and dissecting instruments,
namely, one pair of forceps, one pair of fine scissors, one
scalpel, and a couple of strong needles.

Remuneration of Inspector and Presiding Examiners.

39. (i). The Treasurer of the High School Board, on the
certificate of the Public School Inspector, shall pay all the
expenses of the examination, including the sum of four dollars
a day and actual travelling expenses, for the Inspector and
Presiding Examiners.

(2). If an examination is held at a Public School, the
Treasurer of the Public School Board, shall, upon the order
of the Inspector, pay all the expenses of the examination.

Specialists' Certificates.

40. (i). Candidates at the non-professional examination
for a Commercial Specialist's Certificate will be examined in
July of each year at the Education Department, Toronto ;

Specialists' CiiRXiFicATEs.

litials, or
by which
I.

write on
3 in each
3rd, etc.;
jmber of
ss, place
write on
on only,
^ceding),
istructed

hall pro-
a sharp

gy shall
•uments,
Drs, one

rs.

on the

all the

dollars

tor and

)ol, the
e order
on.

ination
ned in
ronto ;

candidates for all other Specialists' Certificates, in May of
each year at th(i University of Toronto.

(2). Every person desiring to present himself at the
examiiiacion for a specialist's certificate shall notify the
Education Department on or before the ist of April in each
year ; such notice to be accompanied by a fee of $5 for each
examination, with a statement showing the optional course
selected.

(3). The examinations for Specialists' Certificates and the
Senior Leaving Certificate may be taken in any order the
candidate selects, but the Specialist's Certificate shall not be
granted until he has passed the examination prescribed for
the Senior Leaving Certificate. The subjects prescribed for
Specialists' Certificates in the departments of English and
History, Mathematics, Classics, French and German, and
Science, shall be taken at one or two examinations; and those
for a Specialist's Certificate in the Commercial Department,
at one examination.

(4). The standard for a Specialist's Certificate shall be
one-third of the marks obtainable in each paper, and sixty-
seven per cent, of the total of the marks obtainable in the
papers on the prescribed subjects.

(5). The course of study for the examination in each of the
following departments shall be in accordance with the cur-
riculum of Toronto University, as follows :

{a) English and History. — The honor English course of the
first and second years, and the pass courses in English and
History of the four years.

(b) Mathematics. — The pass and honor courses in Mathe-
matics and Physics of the first and second years.

(d) French and German. — The pass courses in French and

a
2

a C:::l

378

University Equivalknts.

German of the four years, with the honor examination in
conversation of the third year.

(e) Science. — Either the honor course in Natural Science of
the second year with the Physics of the second and third
years of the Chemistry and Mineralogy course; or the honor
course in Chemistry and Mineralogy of the second year with
the Physics of the third year of the same course and the
Biology of the second year of the Natural Science course.

(6). The course of study for a certificate as a Commercial
Specialist shall be as follows : — Precis of correspondence,
Departmental papers, etc.; indexing of invoices, receipts, cor-
respondence, and legal documents. Penmanship and the
principles of Penmanship ; Practical Bookkeeping in all its
branches — particularly the Bookkeeping of Joint Stock Com-
panies, Loan and Savings' Societies, Manufacturing Industries,
and Municipalities, auditing of Books and Accounts. The
Banking system of tlic country and its relation to commerce;
annuities and exchange. The " corresponding style " of
Isaac Pitman's system of Phonography ; writing from dicta-
tion. The course prescribed for the Art School examination
in P'reehand ; Industrial; Primary and Advanced Geometry;
Parallel, Angular and Oblique Perspective ; Model, Black-
board, and Memory Drawing.

•5 -t

University Equivalents.

41. (i). The standing of the fourth year in Arts after a
regular course in any chartered University in the British
Dominions will be accepted in lieu of the Senior Leaving
Examination.

(2). The examination of any University in the Province of
Ontario will be accepted by the Education Department for a
Specialist's Certificate on the following conditions : —

(a) Candidates shall take the regular University examina-
ons : no special or supplemental examinations will be
accepted.

Appeals.

^79

ation in

ience of
nd third
le honor
2ar with
and the
irse.

imercial
Midence,
pts, cor-
and the
1 all its
;k Com-
dustries,
s. The
nmerce;
yle" of
n dicta-
lination
ametry ;
Black-

after a

British

-eaving

/ince of
t for a

:amina-
vill be

(6) Each candidate shall submit to the Education Depart-
ment, with his application, a copy of the time-table of each
examination, and of the examination papers on which he
wrote, both being certified by the Registrar of the Universit}-;
a confidential statement from the Registrar of the University,,
of the marks obtained by the candidate on each paper, and
of such other marks as may have been awarded him at each
oral or practical examination.

(c) Should the standard set by tho University be higher or
lower than the Departmental standard, the Education Depart-
ment shall value the papers as it may consider necessary.

Appeals.

42. Candidates may claim to have their papers re-read
upon the following conditions: —

(i). The appeal or claim must be in the hands of the
Minister of Education on or before the 15th day of September;
and the ground of the appeal must be specifically stated. No
appeal shall subsequently be entertained on any ground what-
ever. No appeal shall be allowed in the case of a candidate
for a Specialist's Non-professional Certificate.

(2). A deposit of two dollars must be made with the
Department, which deposit will be returned to the candidate
if his appeal or claim is sustained.

IV.— PROFESSIONAL TRAINING
EXAMINATIONS.

AND

43. Professional certificates shall be classed as Kinder-
garten Directors' and Assistants' certificates ; Third Class,
Second Class, First Class, Specialists', and High School
Assistants' certificates ; and certificates to Principals of High
Schools and to Public School Inspectors.

cs;:ii

380

Kindergartens.

44. (i). No person shall be appointed to take charge of a
Kindergarten in which assistant teachers or teachers-in-
training are employed, who has not passed the examination
prescribed for Director of Kindergartens; and no person shall
be paid a salary or allowance for teaching under a Director
who has not passed the examination prescribed for assistant
teachers.

(2), No candidate shall be admitted to the course of train-
ing prescribed for assistants who is not seventeen years of age
and who has not passed the High School Entrance Examina-
tion ; and, after the first day of July, 1892, no person shall be
admitted to the course prescribed for Directors unless such
person has obtained an Assistant's certificate.

(3). Any person who attends a Kindergarten for one year
and passes the examinations prescribed by the Education
Department shall be entitled to an Assistant's certificate ;
and the holder of an Assistant's certificate shall, on attending
a Provincial Kindergarten one year and on passing the pre-
scribed examinations, be entitled to a Director's certificate.

(4). Any person holding a Second Class Certificate, who has
taught successfully for one year, shall, on attending a Provin-
cial Kindergarten one year and passing the examinations
required by the Education Department, obtain a Director's
certificate.

(5). Any candidate for an Assistant Kindergarten certificate
who failed in one subject, but who attained the aggregate
number of marks required, shall be permitted to write for a
Director's certificate.

(6). The Minister of Education may, at his discretion,
accept the certificate of any other training school for Kinder-
garten work, as the equivalent of the Departmental Kinder-
garten Examinations, or he may limit Kindergarten certificates
to any city or town, as he may deem expedient.

City and County Model Schools.

381

Examinations.

45. (i). The Minister of Education shall prescribe the
time and place for Kindergarten Examinations, and shall
appoint such Examiners in the Theory and Practice of Kin-
dergarten work as he may deem expedient. The examination
for Directors shall embrace the General Principles of Froebel's
System, 150 marks ; Theory and Practice of the Gifts and
Occupations, 100 marks ; Muter and Kose-Lieder, 100 marks;
Miscellaneous Paper, 100 marks; Practical Teaching, 500
marks ; and Book-work for those taking one year's course,
400 marks. The examination for Assistants shall embrace the
Theory and Practice of the Gifts, two papers ; Theory and
Practice of the Occupations, one paper ; Miscellaneous
Paper ; each paper 100 marks ; Book-work, 400 marks.

(2). The Director of each Kindergarten sending up candi-
dates to the examination for Assistants' certificates shall be
required to certify to the Education Department that the
Pease-work and Modelling have been satisfactorily completed.

(3). Candidates who obtain one-third of the marks in each
subject of the written examination and half of the total
marks obtainable, and half of the marks in Practical Teaching
and Book-work, shall be entitled to a certificate.

City and County Model Schools.

•

46. The examination for Third Class Certificates shall be
conducted by the County Board of Examiners, which shall
have authority to elect its own chairman and secretary. No
Principal of a County Model School shall be a member of the
County Board of Examiners. The secretary shall be paid
such remuneration asmaj' be approved by the County Council.

Establishment.

47. (i). The Board of Examiners for any county may, with
the approval of the Education Department, set apart any
Public School to be a County Model School for the professional
training of Third Class teachers on the following conditions: —

The board of examiners are obliged to establish at least one Model School in each

3
\

382

City and County Model Schools.

C::::i"

county, subject to such regulations as to their establishment as the Education Depart-
ment may make. The board has no discretion. See ante, p. 197.

{a) The Principal shall hold a First Class Provincial Cer-
tificate issued by the Education Department, and shall have
had at least three years' experience as a Public School teacher.

(6) There shall be not fewer than three assist;' its holding
at least Second Class Provincial Certificates.

(c) The equipment of the school shall be equal to that
required by the Regulations for the Fourth form of a Public
School.

{(i) A room for Model School purposes, in addition to the
accommodation required for the Public Schjol, shall be pro-
vided either in the same building or equally convenient.

{e) The Principal shall be relieved of all Public School
duties, except management, during the Model School term.

(2). The County Board of Examiners shall distribute the
teachers-in-training among the different Model Schools, where
more schools than one are established in a county ; and, in
cases where there may be a deficiency of room in any Model
School, the Board shall give the preference of admission to
such as have obtained the highest number of marks at the
non-professional examination.

(3). The Board of Trustees for any city may, with the
approval of the Minister of Education, establish a Model
School for the training of teachers who are residents of such
city ; and in all cases such teachers-in-training shall, during
the first term, take the course of studies prescribed for Model
Schools and be subject to a similar inspection and examination.

The board of trustees are not, like the county board of examiners, obliged to
establish a Model School, but may do so in their discretion. See ante, p. 149.

(4). Boards of Trustees may impose a fee of not more than
five dollars on each teacher-in-training, and in addition thereto
the County Council may impose a fee on each teacher-in-
training not exceeding two dollars as an examination fee in

City and County Model Schools.

383

m Depart-

ial Cer-
lU have
teacher.

holding

to that
, Public

I to the
be pro-
School
term.

)ute the
5, where
1 and, in

Model
ision to

at the

th the
Model

)f such
during
Model

nation.

)bliged to
[49.

re than
hereto
her-in-
fee in

lieu of the amount chargeable against the county for conduct-
ing the professional examination.

Duties of Teachcrs-in-Tmiuin!^.

48. (i). Only persons holding at least a High School
Primary Certificate shall be admitted to a County Model
School, and applications for admission, stating age last birth-
day and choice of school, if any, shall be received by the In-
spector not later than the 25th of August ; but no person
shall be admitted who will not be eighteen years of age on or
before the close of the term.

(2). The teachers-in-training shall attend regularly and
punctually from the first day of Sejjtember till the final
examination in December, and shall be subject to the dis-
cipline of the Principal, with an appeal, in case of dispute, to
the Chairman of the County Board of Examiners.

(3). The teachers-in-training shall make no presentation to
any member of the Model School staff.

Course of Study and Text-Books.

49. The Course of Study in Count}- Model Schools sliall
embrace the following: — A course in School ()rgani;{ati()n and
Management, based on Baldwin's Art of School Management
(Canadian Edition), and Methods of Instruction in all the
subjects prescribed for Forms I. -IV. of the Public Schools ;
such practice in teaching as will cultivate correct methods of
presenting subjects to a class and develop the art of school
government ; a course in Temperance and H\giene, based on
the Manual of Hygiene for Normal and Model Schools, omit-
ting chapters I., VII., \TII., IX., and XVI.; a knowledge of
the School Law and Regulations, so far as the}' relate to the
duties of Public School teachers and pupils ; Music, as pre-
scribed for Forms I. -IV. of the Public Schools; Drill and
Calisthenics, as contained in Houghton's Physical Culture.

§
a

■

384

City and County Modi:l Schools.

ExaniinatioHs.

60. (i). The teachers-in-trainin^ shall he suhjected to an
examination in Practical Teachinf^ durin;^' the last week of the
session, and also to a written examination on papers prepared
by Examiners appointed by the Minister of lulucation, the
results of which, on the percentage Hxed by the County ]-5oard
of Examiners, and the report of the Principal on the standing
of each student as shown by the register, shall determine their
final standing.

(2). At the final examination each tcL^her-in-training shall
teach two lessons, of twenty minutes each, one of which shall
be assigned the day before, and the other forty minutes before,
it is to be taught. These lessons shall be assigned by the
Presiding Examiner, shall be appraised by different Examiners,
and shall not be taught in the same form nor in the same
subject.

(3). At the close of the examination the Chairman of the
Board shall forward to the Education Department a full
report of the examination on the form provided, and shall also
forward the written answers of the candidates in all subjects,
with the values awarded by the Examiners to the several
answers marked on the margin.

51. The final examination of each County Model School
shall be conducted by the County Board of Examiners on the
following subjects and in accordance with the following
schedule of marks: — Methods of Instruction, 250 marks;
Theory of Education, 150 marks; Temperance and Hygiene,
School Law and Regulations, Music, Drill and Calisthenics,
50 marks each ; Teaching ability, 500 marks — 2^ by the
Board and 250 by the Principal (report based on the practical
work done in the Public School and the sessional answer
papers on professional work). In the first four subjects, papers
will be submitted by the Education Department. In Music,
and Drill and Calisthenics the Board shall accept the results
of an examination held by the Principal, or shall conduct a

TiiiKD Class Ckktificatks.

J«5

id to an
:k of the
prepared
:ic)n, the
:y l^oard
standing,'
ine their

nj,' shall
ich shall
s before,
1 by the
aminers,
he same

in of the
It a full
;hall also
subjects,
e several

1 School
rs on the
oUowing

marks ;
-hygiene,
sthenics,

by the
practical

answer
s, papers
n Music,
e results
Dnduct a

special examination, as it may deem expedient. The Hoard
sh.dl have power to reject any candidate who may siiow him-
self delicient in schc^larship.

Tiiiui) iLAss Ckktificatks.

52. (i). When a Third Class Certiticate has expired, the

holder thereof may, on passing the High School Primary

Examination or an examination of a higher grade, and on

proof of good character and of efficiency as a teacher, obtain

from the Board of Examiners of the county in which he has

last taught, a renewal of the same for a period not exceeding

three years, at the discretion of the Hoard.

A third-class certificate is only valid in the province for three years from the
<latc it is granted. Anti;, \i. 193.

(2). Where the holder of an expired Third Class Certificate,
though failing in one or more subjects, obtains the aggregate
marks re(juired at the Primary Examination or Junior Leaving
Examination, the Hoard of Examiners may, if satisfied with
the efficiency and aptitude of such candidate as a teacher,
renew such Third Class Certificate for a period not exceeding
three years.

(3). Where a teacher, on account of illness or any other
reason satisfactory to the Hoard of Examiners, was prevented
from teaching on his certificate for the full time of its duration,
the Hoard may extend, by endorsement, such certificate for
a period not exceeding the time such teacher was unable to
avail himself of his certificate.

(4). In case of an emergency, such as a scarcity of teachers,
or for any other special cause, Third Class Certificates may be
extended by the Minister of Education, on the joint request
of any Hoard of Trustees and the Public School Inspector;
but all such extensions shall be limited to the school on whose
behalf the request is made, und shall be granted only where
it is shown that trustees have used reasonable diligence to
obtain a duly qualified teacher.

386

District Training Schools.

(5). Third Class Certificates may, on the petition of any
Board of Trustees, be extended by the Minister of Education
during good behavior on satisfactory evidence being suppHed : —

(a) That the apphcant has taught for a period of ten years ;

(b) That he has shown reasonable ability and efficiency as a
teacher ; (c) That he is physically competent for the duties
of the profession.

District Training Schools.

Establishment.

53. (i). The Minister of Education may set apart not more
than two schools in each of the Districts of Thunder Bay,
Algoma, Parry Sound and Nipissing as training schools for
candidates for Public School District Certificates.

(2). No school shall rank as a District Training School
except upon the following conditions : —

(a) The Principal shall hold at least a First Class Provincial
Certificate.

(6) There shall be in addition to the Principal two other
teachers on the staff, one of whom shall hold a Second Class
Provincial Certificate.

(c) There shall be an attendance of not less than ten candi-
dates preparinji; for the examination at the close of the next
ensuing summer term of the school, and the course of study
shall be limited to the subjects prescribed for the Fifth form
of Public Schools.

■\i) The accommodations and equipment of the school shall
be approved by the Minister of Education.

Boards of Examiners and Examinations.

54. (i). The Boards of Examiners constituted under sec-
tion 142 of The Public Schools Act, may issue certificates, valid
only in such portions of their respective district or districts

District Training Schools.

387

of any
lucation
plied : —
1 years ;
icy as a
e duties

lot more
ler Bay,
lools for

School
-ovincial

^o oiher
Class

candi-
le next

study
;h form

)ol shall

der sec-
s, valid
districts

as they may deem expedient, for a period not exceeding three
years.

These certificates, which are of the third class, are valid only in the Districts of
Rainy River, Thunder Bay, Nipissing, Algoma, Parry Sound, Muskoka and Hali-
burton ; and in the counties of N'ictoria, I'eterhorough, Hastings, Renfrew, Lennox,
and Addington, Frontenac, Leeds, Lanark, Carleton, drenvillc, Dundas, Stormont,
Russell, Glengarry, and Prescott. Ante, p. 193.

In the above districts, each board consists of the inspector, the district judge,
and the stipendiary magistrate ; and, in the above counties, of the county l)oard of
examiners. Ante, p. 193.

(2). The Board of Examiners shall prepare the examination
papers or determine their equivalents ; fix the time and place
for examinations, and read and value the answers ; determine
the fees to be paid by candidates ; and generally exercise all
the powers of County Boards of Examiners.

(3). Each Board of Examiners shall, as soon after the
examination as possible, report to the Minister of Education
the names and residences of the candidates examined, the
number of certificates granted, and enclose therewith a full set
of the examination papers.

(4). The Board of Examiners may require attendance at a
County Model School or such other professional training as
may be deemed expedient, or may, without re-examination,
extend a certificate for the District for a period not exceeding
three years.

(5). The members of District Boards of Examiners shall be
entitled to the same remuneration as the members of County
Boards, where the two Boards are identical. In all other cases
the members of District Boards shall be allowed the sum of $3
per diem for presiding at the examination, and a further sum
of $1 per candidate for reading the answer papers. Where
county orgaiiization exists, all the expenses of the examina-
tions, so far as they may not be covered by fees, shall be paid
by the Cou) £y Council.

The members of county boards are entitled to tlie sum of $4 per diem and
travelling expenses. Ante, p. 197.

388 Training of French and German Teachers.

;:«'

' V

:;:iii'

Training of French and German Teachers.

55. In counties where there is a scarcity of teachers quali-
fied to teach in the Enghsh language, the Board of Examiners
for the county, with the approval of the Education Department,
may establish a Model School for the special training of French
or German teachers. Such schools shall hold two sessions
each year, and shall in addition to the ordinary professional
course required for County Model Schools, give a full literary
course in English in all .the subjects prescribed for Third Class
Teachers' Certificates or for District Certificates, as the Board
may direct. • The final examination for certificates to teach
shall be conducted in the English language. There shall also
be a final examination in the French or the German language,
in reading, grammar, and composition. Boards of Examiners
shall possess all the powers with respect to such schools as
they now possess with respect to County Model Schools. The
Regulations governing the inspection of County Model Schools
by the County and Departmental Inspector shall apply to these
schools.

Provincial Normal Schools.

56. The sessions of the Provincial Normal Schools shall
'begin and end on dates to be fixed by the Minister of Educa-
tion.

57. (i). Teachers who hold at least a High School Junior
Leaving Certificate, and who have passed the final examination
of the County Model School and taught successfully for one
year, shall be admitted to a Normal School, and on passing the
examinations prescribed shall be awarded a Second Class Cer-
tificate. Teachers-in-training who fail on the written exami-
nation only, may be granted a temporary certificate by the
Minister of Education until the next ensuing examination of
the Normal School.

(2). Teachers-in-training whohave passed the Junior Leaving
Examination or the examination of a higher grade, who obtain
a Third Class Certificate at a City Model School, and who

Provincial Normal Schools.

389

iingthe

-eaving
obtain
d who

continue under the instruction of the Principal for one full
school term thereafter, shall be admitted to a Provincial
Normal School.

(3). Before being permanently admitted, teachers-in-train-
ing shall be examined at the opening of the session orally and
in writing by the Normal School masters, with such assistance
as the Minister of Education may think necessary, upon the
following works : — Hopkins' Outline Study of Man ; the first
seven lectures. Quick's Educational Reformers (International
Educational Series, 1890 Edition); the first sixteen chapters.
Fitch's Lectures on Teaching ; the first five lectures.

(4). Teachers-in-training shall each pay an entrance fee of
$5.00.

Duties of Principals and Masters.

58, (i). The Principal shall be responsible for the discipline
and organization of the Normal School students ; he shall
prescribe the duties of the Masters, subject to the approval of
the Minister of Education ; he shall cause such sessional
examinations to be held as he may deem necessary, and shall
keep a record of the same ; he shall give such directions to the
officers of the Normal School as will secure the efficiency of
the service.

(2). The Masters shall be responsible to the Principal for the
discipline and general progress of their classes; they shall
report monthly to the Principal the standing of each teacher-
in-training in the subjects of their departments, and daily, the
absence of any student from their classes.

Duties of Tcachcrs-in-Trainin'^.

(i). Teachers-in-training shall lodge and board at such
houses only as are approved by the Principal. Ladies and
gentlemen shall not board at the same house. Communication
between the sexes is strictly prohibited, except by permission
of the Principal or one of the Masters.

(2). Teachers-in-training shall attend regularly and punctually

390

Provincial Normal Schools.

throughout the session, and shall submit to such discipline and
perform such duties as may be prescribed by the Principal.

(3). The teachers-in-training shall make no presentation to
any member of the staffs of the Normal or the Model Schools.

Course of Study ami Text-Books.

59. (i). The course of study and training shall be as
follows: — History of Education; Science of Education;
School Organization and Management ; Methods of teaching
each subject on the programme of studies for Public Schools ;
practice in managing classes and in teaching in the Model
School ; instruction in Temperance and Hygiene, Agriculture,
Reading, Writing, Drawing, Music, Drill and Calisthenics, and
such other subjects as may be prescribed by the Minister of
Education.

(2). In addition to the books prescribed for Forms I. -IV.,
of Public Schools, the following are authorized for Normal
Schools : — McLellan's Applied Psychology, Fitch's Lectures
on Teaching, Manual of Hygiene, Houghton's Physical Culture,
Quick's Educational Reformers (International Educational
Series, i8go Edition).

Examinations.

60. (i). Teachers-in-training shall take the following
examinations : — {a) At least two written examinations con-,
ducted by the staff of each Normal School on the work of the
session ; {b) a final written examination conducted by the
staffs of the Normal Schools and Examiners appointed by the
Minister of Education, in the History of Education, the
Science of Education, School Organization ond Management,
and Methods of Teaching ; (c) a final examination in Practical
Teaching, conducted by Examiners appointed by the Minister;
and {d) a final examination in Temperance and Hygiene,
Agriculture, Reading, Writing, Drawing, Music, Drill and
Calisthenics, conducted by the staff of each Normal School,
unless otherwise ordered by the Minister of Education.

Provincial Normal Schools.

391

(2). The following schedule of marks shall be the basis for
determining the standing of each teacher-in-training: History
of Education, 150; Science of Education, 200; School
Organization and Management, 150; Methods in English, and
Mathematics and Natural Science, 200 each ; Teaching abiHty
on the report of the staff of each Normal School (estimate
based on the practical work done in the Model School and the
Sessional Examination papers on professional work), 500 ;
Practical exanunation in the Model School (estimate made by
Examiners appointed by the Minister), 200 ; Temperance and
Hygiene, Agriculture, Reading, Writing, Drawing, Music, and
Drill and Calisthenics, 50 each.

iZ). Teachers-in-training who have passed the Sessional
Examinations shall be entitled to certificates on obtaining (a)
one-half of the marks at the final Practical Examination in
the Model School ; {b) une-third of the marks in each subject
at the final Written Examination conducted by the staffs of
the Normal Schools and Examiners appointed by the Minister;
•(c) one-half of the marks for teaching ability, on report of the
staff of each Normal School ; (d) one-half of the aggregate
marks given under (a) (b) and (c) ; and (c) one-third of the
marks in each subject at the final examination in Temperance
and Hygiene, Agriculture, Reading, Writing, Drawing, Music,
and Drill and Calisthenics, with one-half of the aggregate
marks in these subjects. Any candidate who obtains fifty per
cent, in each subject and seventy per cent, of the aggregate
shall be entitled to a certificate with honors. The Examiners
shall have power to reject any candidate who may show him-
self deficient in scholarship.

Cl!

ta
3

Instructions to Examiners.

61. At the final examination in Practical Teaching, the
Examiners shall be guided by the following instructions: —

(i). The Presiding Examiner appointed by the Minister of
Education siiall, on consultation with the Principal of the
Normal School, arrange a time-table for the examination; and

392

Provincial Normal Schools.

shall, on consultation with the teachers of the Model School^
assign the lessons to the students who are to teach before the
Examiners. Both lessons shall not be assigned in the same
form or in the same subject, and no lesson shall be assigned
more than once in any class.

(2). The subject of the first lesson shall be given by the
Presiding Examiiier to the teacher-in-training the day before,
and the subject of the second lesson forty minutes before, the
lesson is to be taught.

(3). After a lesson has been assigned, no hint or assistance
of any kind shall be given to a teacher-in-training by any
Examiner, icher on the staff of the Normal or the Model

School.

(4). The full time of twenty minutes shall be given to each
lesson tau|.;lil b\' a t.'r'':Her-in-training.

(5). The lessons 'ari^',aL by a teacher-in-training shall be
appraised by different Examiners.

(6). Not more than six lessons shall be taught before an
Examiner in the forenoon, and not more than four in the
afternoon.

(7). The regular hours for assembling and dismissing the
Model School divisions shall be strictly adhered to.

(8). Unless absolutely necessary, the regular teacher in
charge of the form should not be present during the examina-
tion of the teachers-in-training in practical teaching.

(9). In practical teaching, the Examiners shall assign the
marks according to the aptitude and efficiency of each
teacher-in-training, and in all doubtful cases they shall in
writing also set forth in detail their opinion of the qualifica-
tions of the teachers-in-training.

(10), After a lesson has been taught, no information or
opinion shall be given to the candidate as to his standing or
marks. All reports in connection with the examination shall
be considered by the Examiners as strictly confidential, and

Provincial Model Schools.

393

no certificate shall be given to any of the teachers-in-training
by any of the Examiners or members of the Normal or Model
School staffs.

(ii). Immediately after the close of the examination each
Presiding Examiner shall send to the Education Department
a return of the practical examinations in the prescribed form.

(12). If, from any unforeseen cause, the Regulations of the
Department are varied in any particular case, the Presiding
Examiner shall report such variation fully to the Minister of
Education at the close of the examination.

Provincial Model Schools.

62. (i). The Principal and Head Mistress of each Model
School shall act under the direction of the Principal of the
Normal School to which the Model School is attached, and
shall be responsible to him for the order, discipline, and
progress of the pupils attending the boys' and girls' Model
Schools respectively.

(2). The terms of the Model Schools shall correspond to
those in High Schools, and, except to fill up vacancies, pupils
shall be admitted only at the beginning of a term. The hours
of daily work shall be from 9.30 a.m. to 12. m., and from 1,30
P.M. to 3.30 P.M.

(3). The Regulations respecting pupils in Public Schools
shall apply to the pupils of the Model School, subject to such
modifications as may be approved by the Minister of Educa-
tion on the report of the Principal of the Model School.

(4). All teachers on the Normal or Model School staff who
may be out of the city during any vacation shall return to duty
not later than the day before the reopening of the school.

General.

63. (i). The session of the Provincial School of Pedagogy
shall begin on the first of October and end on the thirty-first

394

GliNliRAL.

of May. Application for admission to the school shall be made
to the Minister of Education on or before the first of September.

(2). Teachers-in-traininj?, on admission to the School, and
other candidates, on admission to the final written examination,
shall each pay a fee of $10.00. The fee must in every case
accompany the application.

64. (i). A candidate for admission to the School of Peda-
gogy must show that he is (a) the holder of a Senior Leaving
Certificate, or that he is an undergraduate of the standing of
the fourth yen*-, or that he is the holder of a Degree in Arts,
obtained after a regular course, from a University in the
British Dominions ; and (b) that he will be twenty-one years
of age before the close of the session.

(2). {a) The following classes of persons, being twenty-one
years of age, shall be eligible without attendance at the School
of Pedagogy, for admission to the final examination of the
School or to a special examination for such persons in Decem-
ber of each year : — Holders of Second Class Certificates who
hold the non-professional qualification prescribed in 64 (i) above,
and who have taught successfully for two years in a Public
School ; and holders of First Class Certificates or High School
Assistants' Certificates.

(b) A candidate at the non-professional examination for
specialists in any year, who holds a High School Assistant's
Certificate and has taught a department in a High School,
may, on the recommendation of the High School Inspectors,
write upon the professional papers in such department at the
final examination of the School of Pedagogy in the same year.

(3). The following certificates for Public School purposes
may be awarded to candidates who pass the prescribed
examinations of the School of Pedagogy : —

(a) Inspectors' certificates to teachers with First Class Cer-
tificates, who have passed the written examination in methods
prescribed for specialists, and have the non-professional

General

395

be made
ptember.

mol, and
nination,
k^ery case

of Peda-
Leaving
nding of
i in Arts,
y in the
ne years

enty-one

le School

m of the

1 Decem-

tates who

i) above,

I PubHc

h School

tion for
ssistant's
1 School,
specters,
t at the
me year.

purposes
■escribed

ass Cer-
methods
fessional

qualifications required for specialists in any except the com-
mercial department, or a Degree in Arts from the University
of Toronto with first-class graduation honors in any one of
the recognized departments in said University, or an equivalent
standing in any other University of Ontario ; and who have
had at least five years' successful experience in teaching, at
least three of which shall have been in a Public School.

(6) First Class Certificates to those who have had at least
two years' successful experience in a Public School, as certified
by the Public School Inspector or Inspectors under whom
they have taught.

(4). The following certificates for High School purposes may
be awarded to candidates who pass the prescribed examina-
tions of the School of Pedagogy : —

(a) Interim Specialists' certificates.

(6) Interim Assistants' certificates.

(5). {a) The holder of an Interim certificate may be awarded
a full certificate of the same grade after at least two years'
successful experience, subsequent to the date of his certificate,
and as certified by the High School Inspector or Inspectors
under whom they have taught.

(6) High School Principals' certificates may be awarded to
University graduates in Arts who have had at least three
years' successful experience, at least two of which shall have
been in a High School, as certified by the Inspector or In-
spectors under whom they have taught.

(c) The holders of Second Class Certificates obtained as in
(3) (c) above, may be awarded First Class Certificates after at
least two years' successful experience in a Public School, as
certified by the Public School Inspector or Inspectors under
whom they have taught.

(6). The holders of First Class Certificatesorof Public School

396

Duties of Stai f.

11 C3"

Inspectors' certificates, granted under the regulations requiring
Specialists' certificates, may receive, on application to the
Minister, Interim High School Assistants' or Specialists'
certificates, as the case may be.

Duties of Staff.

65. (i). The Principal shall be the chief instructor in the
theoretical and critical course, and shall be responsible for the
organization and management of the school. He shall have
charge of the teachers-in-training and determine the hours for
instruction, observation, and practical teaching. He shall
prescribe the duties of the staff and shall from time to time
be present at their instructions, and at the practice-teaching
of the teachers-in-training. He shall, with the assistance of
his staff, furnish the Minister of Education with a statement
in the prescribed form, of the standing of each teacher-in-
training at the close of the session and with copies of all the
sessional examination papers.

(2). Each Lecturer shall develop systematically the best
method of dealing with each branch of his department in the
various stages of a pupil's progress, and shall, as far as pos-
sible, explain and justify his methods on scientific principles,
giving model lessons for classes in different stages of advance-
ment. He shall also criticize the practice-teaching of the
teachers-in-training, and shall keep a record of the standing of
each teacher-in-training.

(3). No certificate or testimonial shall be given to any
teacher-in-training or other candidate at the final examination,
by any of the Examiners or members of the staff of the School
of Pedagogy.

Duties of Teachers-in-Training.

66. (i). Teachers-in-training shall lodge and board at
such houses only as are approved by the Principal. Ladies
and gentlemen shall not board at the same house. Com-

CouKSKS OF Study and TiiXT-RooKs.

397

requiring
n to the
aecialists'

or in the
le for the
hiiW have
hours for
He shall
! to time
-teaching
istance of
tatement
acher-in-
)f all the

the best
t in the
as pos-
rinciples,
advance-
g of the
nding of

to any

ination,

e School

Dard at
Ladies
Com-

munication between the sexes is strictly prohibited, except by
permission of the Principal or one of his staff.

(2). Teachers-in training shall attend regularly and punc-
tually throughout the session, and shall submit to such dis-
cipline and perform such duties as may be prescribed by the
Principal. Each teacher-in-training shall take the lectures
and practice-teaching in all the subjects required for his final
examination.

(3). The teachers-in-training shall present no address or
similar mark of approbation to a .y member of the staff of the
School of Pedagogy.

Courses of Study and Text-Books.

67. (i). The course of study and training shall be as
follows : Psychology, the history and criticism of Educational
systems, the Science of Education, lectures with practical
illustrations of the best methods of teaching each subject on
the programme of studies for High Schools, lectures on School
Organization and Management, Observation and Practice-
teaching; instruction in Reading, Physiology and Temperance,
Writing, Drawing, and Stenography ; Drill, Gymnastics and
Calisthenics for male teachers ; and Drill and Calisthenics for
female teachers; and such other subjects as may be prescribed
by the Minister of Education.

(2). In addition to the text-books prescribed for Collegiate
Institutes. and High Schools, the following are authorized for
the School of Pedagogy : Quick's Essays on Educational
Reformers (International Educational Series, i8go Edition),
McLellan's Applied Psychology, Spencer's Education, Lan-
don's School Management, Fitch's Lectures on Teaching,
Manual of Hygiene ; Infantry Drill as revised by Her
Majesty's command (ed. 1892)— for male teachers. Parts I. and
II., and, for female teachers, Part I., pp. 1-31 ; for male and
female teachers, Houghton's Physical Culture (omitting Squad
Drill) • and, for male tea<:hers, MacLaren's Physical Educa-
tion, Part II., Sections II. and III.

ce
(a

398

Courses of Study and Tkxt-Books.

(]). The following; are recommended for reference : Mahaffy's
Old Greek Education, Compayre's History of Pedagogy, Gill's
Systems of Education, Radestock's Habit in Education,
Dewey's Psychology, Sully's Teachers' Handbook of Psy-
cholojify (Appleton), Ladd's Outlines of Physiological Psychology.

68. (i). During the session the teachers-in-training shall
be required to take at least two written examinations, one in
December and the other in March, to bo conducted by the
staff of the school on the work of the session. They shall also
take such oral examinations from time to time as may be pre-
scribed for the purpose of testing their knowledge of methods
and their teaching ability. The maximum of marks in each
subject used by the staff for the combined results of the oral
and written examinations, and the number of papers at each
written examination shall be the same as those prescribed for
the final written examination. No teacher shall be recom-
mended for a certificate against whom the staff reports
unfavorably on account of defective teaching ability.

(2). At the close of the session a written examination shall
be conducted by Examiners appointed by the Minister of
Education. At this examination all candidates shall be
required to write on Psychology, Science of Education, History
of Education, School Organization and Management, Methods
in Mathematics, and Methods in English. Candidates who
have University qualifications shall take in addition. Methods
in Latin and in Science (subjects covered by non-professional
certificate) and Methods either in Greek or in French and
German. Holders of Senior Leaving Certificates, obtained on
Departmental examinations, shall take methods in Science,
(subjects covered by non-professional certificate) or Classics,
or French and German, in addition to the compulsory subjects
above mentioned. Candidates for a Commercial Specialist's
Certificate shall also be examined in Methods in the Commer-
cial subjects at the time they take the non-professional exami-
nation. The Report of the Special Instructors in Reading,

CouRSKs OF Study and Ti:xT-liooKs.

309

Mahaffy's
)p;y, Gill's
ducation,
of Psy-
ychology.

linfj shall
IS, one in
!d by the
shall also
ly be pre-
methods
s in each
f the oral
:s at each
;ribed for
>e recom-
f reports

ion shall
nister of
shall be
, History
Methods
ates who
Methods
fessional
nch and
ained on

Science,
Classics,

subjects
ecialist's
]]ommer-

1 exami-

^eading.

and Drill, Gymnastics, and Calisthenics will be accepted, unless
otherwise ordered by the Minister of Education.

(3). (a) In order to obtain a certificate, every teacher-in-
training shall make at least one-third of the marks in each
subject at the sessional (oral and written) and the final
examinations taken together, and one-half of the aggregate of
these examinations. For Specialists' Certificates, the standard
shall be two-thirds of the markj in the candidate's special
department.

(b) Candidates who are exempt from attendance shall take
the final written examination, and an examination in Reading
and, for male teachers, in Drill, Gymnastics and Calisthenics,
and, for female teachers, in Drill and Calisthenics. In Reading,
and in Drill, Gymnastics, and Calisthenics, the standard shall
be 50 per cent, on each subject ; and in the other subjects and
in the total, the standard shall be the same as for teachers-in-
training.

(c) Any candidate who obtains fifty per cent, in each subject
and seventy per cent, of the aggregate, shall be entitled to a
certificate with honors. The Examiners shall have power to
reject any candidate who may show himself deficient in
scholarship,

(4). The schedule of marks for determining the standing of
candidates at the sessional and final examination shall be as
follows: — Psychology, 200; Science of Education, 200; His-
tory of Education, 150 ; School Organization and Manage-
ment, 150; Methods in English and Mathematics, 150 each;
Methods in Science, Classics, and French and German, 100
each ; and Reading, and Drill, Gymnastics and Calisthenics,
100 each.

69. The regulations herein contained shall apply to all
candidates entering the School of Pedagogy at the next session
in October, and Regulations 63 to 71 and 72 (i) and (5) approved

■I

400

Instructions to Examiners.

by Minute of the Education Department 14th July, 1892,
are hereby repealed on and after ist January, 1894.

70. (i)- At Collegiate Institutes to be selected by the
Minister, candidates who are exempt from attendance at the
School of Pedagogy, shall pass the final written examination
in December of the School of Pedagogy, and an examination
in Reading, and in Drill, Gymnastics and CaHsthenics, con-
ducted by Examiners appointed by the Minister. They shall
also pass the June Examination in Practical Teaching.

(2). The results of the examinations of such teachers shall
be determined on the same basis as that prescribed for teachers-
in-training, omitting the marks for Teaching ability.

The whole of this section is repealed on and after ist January, 1894. See ante,
D.R., s. 69.

Instructions to Examiners.

71. The Examiners at the practical examination shall be
guided by the following instructions : —

(i). Each candidate shall teach at least three lessons of
thirty minutes each, and the full time of thirty minutes shall
be allowed by the Examiner for each lesson.

(2). The subjects of the lessons assigned shall be such as
are suitable for High School pupils, or for pupils of the Fifth
form of the Public Schools, due regard being had to the char-
acter of the candidate's non-professional certificate. No lesson
shall be assigned more than once in any class.

(3). One of the three lessons shall be in the department of
English, and one in the department of Mathematics. The
subject of the third lesson shall be determined by the depart-
ment covered by the candidate's non-professional certificate :
in the case of candidates who hold University non-professional
qualifications, it shall be in one of the following departments:
{a) Latin and Greek, and (6) Latin, French and German; and
in the case of other candidates, it shall be in one of the
following departments : {a) Latin and Greek, (6) French and

Instructions to Examiners.

401

y, 1892,

by the
e at the
nination
nination
ics, con-
ley shall

ers shall
:eachers-

See atUe,

shall be

ssons of
tes shall

such as
he Fifth
he char-
lo lesson

ment of

The

depart-

tificate :

essional

tments:

an; and

of the

ch and

German, and (c) Physics, Botany and Chemistry, and in
Zoology (in the case of Senior Leaving Certificates obtained
in July, i8go, and thereafter).

(4). For a candidate for a Specialist's Certificate, subjects
shall be assigned in his specialty of a more difficult character
than would be assigned for a pass candidate ; and, if this
department be not one of those in which he would be assigned
a lesson in the ordinary course of the examination, the Pre-
siding Examiner may substitute one or more in the Specialist's
department for anv one of the three regular lessons.

(5). The Examiners appointed by the Minister of Education
will present themselves at the Schools to which they are
respectively assigned, on the afternoon of the day preceding
the practical examination.

(6). The Presiding Examiner shall arrange a time-table for
the examination, and shall, on consultation with the other
Exam.iners, select the lessons for the candidates.

(7). The time-table shall be posted in a suitable place on
the afternoon of the day preceding the practical examination,
and shall indicate the hours at which, the forms in which, and
the Examiners before whom, the candidate is to teach his three
lessons.

(8). The subject of one of the lessons shall be given the
candidate by the Presiding Examiner the day before, and the
subjects of the other lessons one hour before the time he is
required to teach ; und in the case of each of the three
lessons, it shall be the duty of the candidate to apply to the
Examiner for the subject at the proper time.

(9). After a lesson has been assigned, no hint or assistance
of any kind shall be given to a candidate by any Examiner or
Collegiate Institute master.

(10). The candidate shall teach before at least two Ex-
aminers, one of whom shall be the Presiding Examiner.

(11). In practical teaching, the Examiners shall assign the

402

Certificates.

marks according to the aptitude and efficiency of each teacher-
in-training, and in all doubtful cases they shall in writing also
set forth in detail their opinion of the qualifications of the
teachers-in-training.

(12). Immediately after the close of the examination each
Presiding Examiner shall send to the Education Department,
a return of the practical examination in the prescribed form.

(13). After a lesson has been taught, no information or
opinion shall be given to the candidate as to his standing or
marks. All reports in connection with the examinations shall
be regarded by the Examiners as strictly confidential.

(14), If, from any unforeseen cause, the Regulations of the
Education Department are varied in any particular, the
Presiding Examiner shall report such variation fully to the
Minister at the close of the examination.

(15). Regulations 63 to 71, formerly adopted with regard to
the School of Pedagogy, are hereby repealed.

Sections 70 and 71 are repealed on and after ist January, 1894. See section 69.

High School Principals' and Assistants' and Public
School Inspectors' Certificates.

72. (i). The professional qualification of a Principal of a
High School shall be at least two years' successful teaching
in a High School or Collegiate Institute.

This sub-section is repealed on and after ist January, 1894. See section 69.

(2). Special teachers of Music, Drawing, and Drill, Gym-
nastics and Calisthenics shall possess qualifications satisfactory
to the Minister of Education.

(3). Teachers of ten years' experience, who are now in
charge of the Commercial Course in High Schools or Col-
legiate Institutes and who have taught all the subjects of the
course herein prescribed for a certificate as Commercial
Specialist and obtained therein First-class grading on
inspection, before the first day of July, 1891, shall be entitled

teacher-
ling also
s of the

ion each
artment,
d form.

ation or
nding or
ons shall

ns of the
ular, the
ly to the

regard to

section 69.

Public

ipal of a
teaching

sction 69.

1, Gym-
sfactorv

now in
or Col-
;ts of the
mmercial
iding on
e entitled

Teachers' Institutes.

403

to certificates in the Commercial Department without examina-
tion. All other teachers now in charge of the Commercial
Course in Collegiate Institutes shall be regarded as legally
qualified specialists in the Commercial Department so long as
they retain their present positions.

(4). If, after due advertisement, a High School Board is
unable to obtain a legally qualified High School Assistant, a
permit may be granted by the Minister of Education for the
then current half year to a suitable applicant on a statement
of the case by the High School Board, submitted to the
Minister before such appointment.

(5). The qualifications for a Public School Inspector's Cer-
tificate shall be (a) five years' successful experience as a
teacher, of which at least three years shall have been in a
Public School ; and (b) a Specialist's Certificate obtained on a
University examination, or a Degree in Arts from the Univer-
sity of Toronto with first class graduation honors in one or
more of the recognized departments in said University, or an
equivalent standing in any other University of Ontario, with
a certificate of having passed the final examination of the
Provincial School of Pedagogy.

This sub-section is repealed on and after 1st January, 1894. See section 69.

Teachers' Institutes.

73. (i). The officers of a Teachers' Institute shall be a
president, vice-president and secretary-treasurer. There shall
be a management committee of five. The officers of the
Institute and the management committee shall be elected
annually.

(2). There shall be one meeting of the Institute each year,
extending over two or more days, for the election of officers
and the discussion of such matters as may be submitted by
the management committee.

(3). The first day's session shall be from 10 a.m. to 12 m.,
and from 2 p.m. to 5 p.m.; on the second day from 9 a.m. to

404

Teachers' Institutes.

12 m., and from 2 p.m. to 4 p.m. A copy of the programme
shall be sent to every teacher in the county or inspectoral
division, at least one month L ^fore the time of the meeting.
All questions and discussions foreign to the Teachers' work
shall be avoided.

(4). A portion of the afternoon of the second day should be
set apart for discussing such matters as affect the relations
between the Teacher and the Trustees, of which special notice
should be given by the Secretary to every Board of Trustees
in the county or inspectoral division. The actual travelling
expenses of one representative from each Board of Trustees
may be allowed by the Board for attendance in all such cases.

(5). Every Public School teacher shall attend continuously
all the sessions of the Institute of his county or inspectoral
division, and, in the event of his inability to attend, shall
report to his Inspector, giving reasons for his absence.

(6). The Inspector shall furnish the Secretary of the In-
stitute with a list of the teachers in his county or inspectoral
division. From this list the roll shall be called at the opening
of each session. He shall also report to the Department on
the form prescribed.

(7). Any teacher who has been elected a delegate, by the
association of his county or inspectoral division, to the Pro-
vincial Teachers' Association shall be at liberty to attend the
meeting of such association for any time not exceeding one
week each year, providing always he shall report to the Trustees
such attendance, certified by the Secretary of said Provincial
Association.

v.— INSPECTION.

County Public Schools.

74. It shall be the duty of every County Inspector: —
(i). To spend at least half a day each term in each school. Where
a school has several departments, the Inspector should devote

County Public Schools.

405

half a day to each department. When, however, from the
character of the work done, an Inspector thinks it would be
in the interest of the school to extend his visit over the whole
day, he should do so.

(2). To satisfy himself as to the progress made by the pupils from
time to time. This cannot be done without many memoranda
of the standing of each class. It will therefore be necessary
for the Inspector to make copious notes in regard to each
recitation, showing the condition of each class and the
proficiency attained in the several subjects of the curriculum.
This part of the work should be thorough and searching; and
the conclusions arrived at should be based on the Inspector's
own observation.

(3). To examine into the methods of instruction pursued by the
teacher. To do this the Inspector should require the teacher
of the school to teach several lessons in his presence. In this
way the teacher's methods can be observed and hint? given for
improvement should he evince any faults of method or of
manner. Great attention should be paid to methods ; the
proper and logical presentation of a subject is so important
that success is impossible without it. He should see that the
prescribed time for instruction in Temperance and Hygiene is
observed.

(4). To teach a few model lessons himself. The proper methods
of teaching subjects that are found to be neglected or badly
taught by the teacher should be exemplified by the Inspector.
Here all the qualities which go to form the model teacher
should be exercised. His methods of questioning and of
receiving answers, of arousing the enthusiasm of the class, of
securing attention, of reaching by apt illustration the judgment
of the pupils, should serve the teacher both as a model and as
a stimulus.-

(5). To ascertain the nature of the discipline exercised by the
teacher. This no doubt will appear from the attention and
diligence of the pupils, without special enquiry. The manner

4o6

County Public Schools.

of the teacher will very soon indicate the nature of the
discipline. It would be well, nevertheless, to ascertain
whether corporal punishment is frequently resorted to, and if
not, what are the punishments (if any) usually inflicted.

(6). To examine the registers, maps, seats, and all the internal and
external equipment of the schoollwitse. He should see {a) that the
register and class book are properly and neatly kept, and ascer-
tain whether or not entries are made therein daily ; (6) that
the maps are suitable and well preserved; (c) that blackboards
are in proper repair, and that crayons and brushes are fully
supplied ; {d) that the furniture is generally adequate ; (e) that
proper attention is paid to the heating and ventilation of the
rooms ; (/) that the fences and outhouses are in proper
repair ; (g) that the School Library is suitably cared for.

(7). To report to Trustees in regard to such matters as require
their attention. This duty the Inspector should never neglect.
The Trustees of a school expect to be informed and directed as
to many matters coming under the cognizance of the Inspector,
who is, in a certain sense, their officer, and is appointed for
the very purpose of aiding them in the discharge of their
duties. His report, therefore, on the school should be full.
Every necessary change coming within the scope of the duties
of the Trustees should be mentioned in detail; and in no case
should the school grant be withheld, until they have had an
opportunity of removing any defect to which their attention
has been called.

(8). To give such advice to teachers as may be deemed necessary.
This part of the Inspector's duty should be performed with
tact and delicacy, and perfect frankness. Whatever defects in
the teacher's manner, or in his discipline of the pupils, or
methods of instruction, are discovered during the inspection
of the school, should be plainly pointed out. Wherever the
Inspector has reason to believe that there is any defect in the
organization of the school, or in its classification, or in atten-
tion on the part of the pupils, it should be referred to, and

County Public Schools.

407

the proper remedy suggested. This, of course, should be done
privately — not in the presence of the pupils.

(9). To sec that no unauthorized text-books are used in the school.
No text-books should be placed in the hands of the pupils,
except those authorized for their use. Under the disguise of
being books for "home study," many unauthorized text-books
are introduced into the school. This should be prevented by
the Inspector in the exercise of his authority as an officer of
the Education Department.

(10). To withhold the school grant in certain cases. Before the
school grant is withheld : (a) An opportunity should be afforded
the Board of Trustees to remedy the wrong complained of.
(b) A full statement of the case should be sent to the Depart-
ment, and the consent of the Minister of Education obtained.
As the grant can be withheld for any violation of the School
Act or Departmental Regulations, the power thus conferred
should be exercised judiciously, and only when other remedies
fail.

(11). To divide the school grants. Care should be taken to see
that the semi-annual returns of the Boards of Trustees are
properly added up, and if any doubt exists as to their accuracy
they should be compared with the school register. When the
division of the grant is made, as required by law, it will be
sufficient for the Inspector to send a statement to the Town-
ship Treasurer of the amount due each school section, and at
the same time to notify the Secretary-Treasurer of each Board
of Trustees of the amount due its section. The Board of
Trustees can then give an order either to the teacher or to
some other person to whom it desires to have the money paid,
and on this order the Township Treasurer is authorized t'j pay
the money.

(12). To decide complaints made within twenty days in regard to
the election of Trustees and other matters. In discharging this
duty the Inspector should remember that he is exercising
judicial functions and should accordingly proceed with due

4o8

County Public Schools.

deliberation. He has a right to withhold his decision until
such evidence is produced as he may deem necessary in regard
to the question at issue.

(13). To grant, on examination, temporary certificates. These
certificates should be granted only (a) when petitioned for by a
Board of Trustees, and only for the school over which such
Board has jurisdiction ; and {h) until the date of the next
ensuing Departmental Examination ; and (c) when it appears
that a teacher holding a regular certificate is not available.
The consent of the Minister of Education is also necessary in
every case.

(14). To suspend a teacher's certificate. This should be done
only when the Inspector is fully satisfied that the teacher is
incompetent or immoral, or has wilfully violated the School
Law or the Regulations of the Educational Department. In
the final investigation by which such suspension is to be con-
firmed or set aside, the fullest opportunity should be afforded
the teacher to vindicate himself. Judicial fairness should in
this instance also characterize the conduct of the Inspector.

(15). To Visit the County Model School at least twice in each term.
It is very desirable that the Inspector should be present at the
opening of the Model School and assist the Principal in its
organization. He should also visit the school during the term,
and by his presence and counsel encourage the teachers-in-
training in the pursuit of their studies. For two such visits
he should be paid by the county council at the same rate as
he is paid for Public School Inspection.

(16). To examine carefully in English every pupil according
to the course of studies prescribed for Public Schools ; but he
shall be at liberty to use his own discretion as to what expla-
nations he will give in any other language that appears to be
better known by the pupil. The standard of efficiency recog-
nized in Public Schools where the English language only is
taught shall be the standard for French and German schools,
reasonable allowance being made for pupils whose mother

City and Town Public Schools.

409

ion until
n regard

These
for by a

ich such

the next
appears

vailable.

issary in

be done
acher is

School
2nt. In

be con-
afforded
lould in
2ctor.

■ch term.
t at the
1 in its
le term,
lers-in-
visits
rate as

wording
but he

expla-
s to be

recog-
only is
chools,
nother

tongue is French or German. The Inspector shall report at
once to the Education Department any school in which the
regulations respecting the study and use of English are disre-
garded by the teacher or trustees.

As to the statutory (liities of county inspectors, see section 155 of 7'ke Public
Schools Act, i8gi, and sulj-sections thereof, ante, pp. 203-208.

City and Town Public Schools.

75. Inspectors in cities and towns shall perform similar
duties as County Inspectors so far as practicable, and shall
in addition perform such other duties as may be prescribed
by the Board of Trustees. In cities with more Inspectors than
one, each Inspector may be required to report separately to
the Education Department.

See section 156 of The Public Schools Act, i8gi, ante, p. 209.

Separate Schools.

76. Inspectors of Separate Schools shall perform the like
duties as Inspectors of Public Schools, and shall, with regard
to Separate Schools, have, so far as the same is practicable, like
power and authority as Public School Inspectors have with
regard to Public Schools.

Model Schools.

77. The In^jjector of Model Schools shall visit each Model
School at least once in two years, and shall devote a full day
to the examination of the teachers-in-training, and the inspec-
tion of the departments used for Model School purposes, and
shall report annually to the Minister of Education on the
standing of each Model School and all other matters affecting
the efficiency of the schools.

Normal Schools.

78. The Inspector of Normal Schools shall visit each
Normal School at least once in each year, and shall spend not
less than four weeks in the inspection of the work of each

410

Powers of Insfixtors.

Normal and Model School and shall report annually to the
Minister of Education with regard to the efficiency of the
schools and the standing of each teacher of the staff and all
other matters affecting the interests of the schools.

High Schools.

79. (i). Each High School Inspector shall visit the High
Schools and Collegiate Institutes in the section of the Province
assigned to him, at least once in each year ; and shall "pend
not less than one day in each school having two or three
masters, and such additional time in a school with four or over
four masters as the interests of the school may require.

(2). At each visit he shall ascertain the character of the
teaching in the different departVnents of study ; and shall make
enquiry and examination, in such manner as he may think
proper, into the efficiency of the staff, the accommodation and
equipment of the school, and all matters affecting the health
and comfort of the pupils. He shall also report any violation
of The High Schools Act or the Regulations of the Education
Department in reference to High Schools, after making such
enquiry as he may think proper.

(3). He shall report to the Minister of Education, within
one week after his inspection, the result of his observations
and enquiry in a form prescribed for that purpose.

Powers of Inspectors.

80. The Inspector, while officially visiting a school, shall
have supreme authority in the school, and may direct teachers
and pupils in regard to any or all of the exercises of the school-
room. He may either examine the classes himself or direct
the teachers to do so. He is at liberty to give such advice to
pupils or to the teacher as he may deem necessary. All his
counsels, however, should be given in a spirit of kindness, and
his authority should be exercised, not with a view to overawe
or intimidate, but to reform abuses, correct mistakes, and
inspire confidence and respect. He should be courteous and

RliLIGIOUS EXEKCISliS.

411

ly to the
y of the
'i and all

considerate, and when reproof is necessary it should be tem-
pered with gentleness and sympathy.

he High
Province
lU "pend
or three
r or over
e.

r of the
all make
ly think
tion and
e health
violation
Jucation
ng such

, within

rvations

3l, shall
eachers-
school-
• direct
ivice to
All his
jss, and
)verawe
es, and
)us and

VI.— MISCELLANEOUS REGULATIONS.

Religious Exercises.

As to the statutory enactments respecting religious instruction, see a/Ur, \\ 25.

81. (i). Every Public and High School shall be opened
with the Lord's Prayer and closed with the reading of the
Scriptures and the Lord's Prayer, or the prayer authorii^ed by
the Department of Education.

(2). The Scriptures shall be read daily and systematically
without comment or explanation, and the portions used may
be taken from the book of selections adopted by the Depart-
ment for that purpose, or from the Bible, as the Trustees, by
resolution, may direct.

(3). Trustees may also order the reading of the Bible or the
authorized Scripture Selections by both pupils and teachers at
the opening and closing of the school, and the repeating of
the Ten Commandments at least once a week.

(4). No pupil shall be required to take part in any religious
exercise objected to by his parents or guardians, and in order
to the observance of this regulation, the teacher, before com-
mencing a religious exercise, is to allow a short interval to
elapse, during which the children of Roman Catholics, and of
others who have signified their objection, may retire.

(5). If in virtue of the right to be absent from the religious
exercises, any pupil does not enter the schoolroom till fifteen
minutes after the proper time for opening the school in the
forenoon, such absence shall not be treated as an offence
against the rules of the school.

(6). When a teacher claims to have conscientious scruples

412 Grants to Schools in Nkw and Poor Townships.

in regard to opening or closing the school as herein prescribed,
he shall notify the Trustees to that effect in writing; and it
shall be the duty of the Trustees to make such provision in
the premises as they may deem expedient.

(7). The clergy of any denomination, or their authorized
representatives, shall have the right to give religious instruc-
tion to the pupils of their own church, in each schoolhouse, at
least once a week, after the hour of closing the school in the
afternoon ; and if the clergy of more than one denomination
apply to give religious instruction in the same schoolhouse, the
Board of Trustees shall decide on what day of the week the
schoolhouse shall be at the disposal of the clergymen of each
denomination, at the time above stated. But it shall be
lawful for the Board of Trustees and clergymen of any
denomination to agree upon any hour of the day at which a
clergyman, or his authorized representative, may give religious
instruction to the pupils of his own church, provided it be not
during the regular hours of the school. Emblems of a
denominational character shall not be exhibited in a Public
School during regular school hours.

GRANTS TO SCHOOLS IN NEW AND POOR TOWNSHIPS.

82. All sums of money appropriated by the Legislative
Assembly in aid of schools in new and poor townships, will be
distributed by the Minister of Education, subject to the fol-
lowing conditions : —

(i). That a school section with definite boundaries has been
set apart by the Township Council, having jurisdiction, ' r,
where no municipal organization exists, by the Sti" .ry

Magistrate, or by him and the Public School Inspec: . any,
under the authority of The Public Schools Act, i8gi.

(2). That Trustees have been duly elected for such section.

(3). That a building and other suitable accommodation for
the school have been provided by the Trustees.

MIPS.

Tkxt- Books.

413

>rescribed,
ik; ynd it
ovision in

Luthorized

s instruc-

Ihouse, at

)ol in the

juiination

lioiise, the

week the

n of each

shall be

1 of any

: which a

religious

it be not

ms of a

a Public

KIPS.

gislative

s, will be

the fol-

las been
ion, . i-,

,ry

ection.
tion for

(4). That a teacher holding a valid ccrtihcatc has b(>(;n
employed by the Trustees for at least six months of the year.

(5). That the half-yearly and yearly reports in the prescribed
forms have been sent in to the Inspector, at the time specified,
and certified by him as satisfactory.

(6). That the assessed value of the section and the financial
condition of the ratepayers are such as to render additional
aid absolutely necessary.

(7). That in townships with municipal organization the
grant made by the Minister of Education shall not exceed the
special grant made by the township or county, except in such
cases as are reported exceptional by the Inspector.

(8). That nothing in these Regulations shall be construed as
establishing the claim of any school upon the Poor School
Fund beyond the discretion of the Minister of Education.

TEXT-BOOKS.

83. (i). No book shall be authorized as a text-book in any
Public School until the copyright thereof has been vested in
the Education Department.

(2). Every text-book for Public or High Schools printed and
published in Canada, shall be subject, at any stage of its
manufacture, to the inspection and approval of the Department
in regard to printing, binding and paper; in case of using any
book not published in Canada, the English edition shall be
preferred to any other.

(3). A sample copy of every edition of every authorized
book shall be deposited in the Education Department by the
publisher, and no edition of any book shall be considered as
approved without a certificate from the Minister of Education
approving thereof.

(4^* Every authorized 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 shall be used

'.3

414

Text-Books.

:i6

for advertising purposes, without the v/ritten consent of the
Department.

(5). The Education Department may require the pubhsher
of any text-book to make such alterations from time to time as
may be deemed expedient ; but no alterations in contents,
typography, binding, paper, or any other material respect,
shall, in any case, be made by the publisher, without the con-
sent of the Education Department.

(6). Every publisher of an authorized text-book shall, before
placing any edition of such authorized book upon the market,
execute such agreements and give such securitj' for the due
fulfilment of these Regulations, as may be required by the
Education Department.

(7). All authorized text-books may be published by any firm
or publishers in Ontario on the payment to the original pub-
lishers of such sum or sums of money as may be agreed upon
between the publishers concerned and the Minister of Educa-
tion respectively.

(8). The Minister of Education may, at his discretion, after
making full enquiry into the cost of manufacture, reduce the
retail price of any authorized text-book ; he may also remove
such book from the list of authorized text-books, if the pub-
lisher fails to comply with the Regulations of the Education
Department, or if it be considei ^ to be in the public interest
so to do.

(9). In case the Education Department shall at any time
recommend any books as aids to the teacher for private
reference or stud}', it is to be distinctly understood that such
books are not to be used as text-books by the pupils, and any
teacher who permits such books, or any other book not
authorized as a text-book for the Public Schools, to be used as
such, shall be liable to such penalties as are imposed by the
School Act.

As to the use and change of authorized text-books, and the substitution of
unauthorized text-books, see ante, p. 220, et set/.

lent of the

publisher
to time as

contents,
il respect,
t the con-

lall, before
le market,
r the due
:d by the

f any firm
jinal pub-
eed upon
Df Educa-

:ion, after
iduce the
remove
the pub-
education
c interest

any time
private
hat such
and any
•ook not
i used as
d by the

istitution of

Superannuated Teachers' Fund.

415

superannuated teachers' fund.

84. (i). In order to be entitled to an} portion of the
Legislative Appropriation for Superannuated Teachers every
Teacher of a High, Public or Separate School, and every
inspector, must have contributed $4 annually to the Super-
annuation Fund during the whole time of his professional
service, or have paid all arrears before ist July, 1886.

See section 162 of T/u- Public Sfhoo/s Act, iSgi, ante, p. 213.

(2). Should a subscriber neglect to pay his contribution
before the 31st December in any year the payment to be made
shall then be $5.

(3). In the case of Inspectors, or Local Superintendents,
who are now Inspectors, services as an Inspector shall be
considered equivalent to services as a Teacher.

(4). In the case of Teachers or Inspectors under si\ty years
of age proof of disability must be furnished annually to the
Department. The retiring allowance shall be withdrawn
whenever the disability ceases, and the recipient shall annually
present himself to the Inspector, in order that he may report
thereon to the Minister.

See section 165 of lyie Public Schools Act, i8qi, ante, p. 215.

(5). Teachers or Inspectors, sixty years of age, are entitled
to superannuation, provided the regulations aforementioned
regarding payment and arrears have been complied with, with-
out proof of disability. In all cases evidence of good moral
character is required.

(6). Payments on account of superannuation commence with
the year following that in which applications were approved
by the Education Department.

GENERAL DIRECTIONS TO TRUSTEES.

School Meetiftf^s.

85. (i). The notice calling an annual or special meeting
should be signed by the Secretary by direction of the trustees,

4i6

General Directions to Trustees.

.^S

;i«}'

or by a majority of the trustees themselves. The corporate
seal need not be attached to it.

(2). Any ratepayer may call the meeting t . order as soon as
the hour appointed arrives, and nominate a chairman.

86. The business of all school meetings shall be conducted
according to the following rules of order : —

(i). Addressing Chairman. — Every elector shall rise previously
to speaking, and address himself to the chairman.

(2). Order of speaking. — When two or more electors rise at
once, the chairman shall name the elector who shall speak
first, when the other elector or electors shall next have the
right to address the meeting in the order named by the
chairman.

(3). Motion to he read. — Any elector may require the question
or motion under discussion to be read for his information at
any time, but not so as to interrupt an elector who may be
speaking.

(4). Speaking twice. — No elector shall speak more than twice
on the same question or amendment without leave of the
meeting, except in explanation of something which may have
been misunderstood, or until every one choosing to speak shall
have spoken.

(5). Protest. — No protest against an election, or other proceed-
ings of the school meeting, shall be received by the chairman.
All protests must be sent to the Inspector within twenty days
at least after the meeting.

(6). Adjournment. — A motion to adjourn a school meeting
shall always be in order, provided that no second motion to
the same effect shall be made until after some intermediate
proceedings shall have been had.

(7). Motion to be in writing and seconded. — A motion cannot
be put from the chair, or debated, unless the same be seconded.

corporate

■5 soon as

onducted

reviously

rs rise at

ill speak

have the

by the

question
nation at
3 may be

an twice

of the

lay have

ak shall

proceed -
airman,
ty days

meeting
Dtion to
mediate

cannot
:onded>

General Directions to Trustees.

417

If required by the chairman, all motions must be reduced to
writing.

(8). Withdrawal of a motion. — After a motion has been
announced or read by the chairman, it shall be deemed to be
in possession of the meeting; but may be withdrawn at any
time before decision, by the consent of the meeting.

(9). Kind of motions to be received. — When a motion is under
debate no other motion shall be received, unless to amend it,
or to postpone it, or for adjournment.

(10). Order of putting motion. — All questions shall be put in
the order in which they move. Amendments shall all be put
before the main motion; the last amendment first, and so on.

(11). Reconsidering motion. — A motion to reconsider a vote
may be made by any elector at the same meeting; but no vote
of reconsideration shall be taken more than once on the same
question at the same meeting.

87. (i). At the end of every annual or special meeting the
chairman should sign the minutes, and send forthwith to the
Inspector a copy of the same signed by himself and the
Secretary.

(2). Every Trustee declared elected by the Chairman of the
school meeting is a legal Trustee until his election is set aside
by proper authority.

88. The seal of the schc^I corporation should not be affixed
to letters or notices, but only to contracts, agreements, deeds,
or other papers, which are designed to bind the Trustees as a
corporation for the payment of money, or the performance of
any specified act, duty or thing.

Care of School Property.

89. (i). The Board of Trustees should appoint one of its
own number or some responsible person to look after petty
repairs, such as repairing fences, outhouses, walks, windows,
seats, blackboards, and stoves.

tic

4i8

General Directions to Trustees.

(2). No Public Schoolhouse or school plot (unless otherwise
provided for in the deed), or any building, furniture, or other
thing pertaining thereto, shall be used or occupied for any-
other than Public School purposes, without the express per-
mission of the Board of Trustees, acting as a corporation.

(3). Provision should be made by every school corporation
for scrubbing and sweeping the schoolhouse regularly, for
whitewashing walls and ceilings at least annually during the
summer holidays, and for making fires one hour before the
time for opening school, from the first of November until the
first of May in each year.

Arbor Day.

90. The first Friday in May shall be set apart by the Board
of Trustees of every rural school and incorporated village for
the purpose of planting shade trees, making flower beds and
otherwise improving and beautifying the school grounds.

Fire Drill.

91. In every schoolhouse consisting of more than one story
the pupils shall be regularly trained in the fire drill, in order ta
prevent accidents from the alarm of fire.

92. All [former Regulations whatsoever of the Education
Department are hereby repealed on and after the 31st Decem-
ber, 1891.

•>■

'^-lS\fW^

<•

)therwise
or other
for any
»ress per-
tion.

rporation
arly, for
iring the
iiore the
until the

he Board
Uage for
)eds and
ds.

)ne story
order to-

iucation
Decem-

TEXT-BOOKS AUTHORIZED FOR USE IN

PUBLIC SCHOOLS, HIGH SCHOOLS,

AND TRAINING SCHOOLS.

1. The text-books named in schedules " A," " B," and " C "
shall be the authorized text-book for the Public Schools, for
Forms I., II. and III. of Collegiate Institutes and High
Schools, and for the Training Schools respectively, of the
Province of Ontario.

2. The text-books in French and German mentioned in
schedule " A " are authorized only for Schools where the
French or German language prevails, and where the Trustees,
with the approval of the Inspector, require French or German
to be taught in addition to English.

3. The text-books prescribed or required for senior matricu-
lation or for the courses in Form IV. of High Schools and
Collegiate Institutes may be used in addition to those men-
tioned herein.

4. The text-books in schedules " B " and " D " used in
any school on the ist July, 1893, and recommended by
resolution of the trustees to be continued in use, shall be
deemed as authorized in such school until further notice.

5. For religious instructions, either the Sacred Scriptures
or the Scripture Readings adopted by the Education Depart-
ment, shall be used by teachers and pupils as prescribed by
the Regulations of the Education Department.

420 Authorized Text-Books.

Public Schools. (Schedule A.)

First Reader, Paii I $0 10

First Reader, Part il o 15

Second Reader o 25

Third Reader o 35

Fourth Reader o 45

High School Reader o 60

PubUc School Arithmetic o 25

PubHc School Algebra and Euclid o 25

Public School Geography o 75

Public School Grammar o 25

Public School History of England and Canada.... o 30

Public School Drawing Course — each number o 05

PubHc School Physiology and Temperance o 25

Public School Agriculture o 40

Public School Writing Course — (after July, 1894,

five cents) o 06

French-English Readers.

First Reader, Part I $0 10

First Reader, Part II o 15

Second Reader o 25

Third Reader o 35

Les Grandes Inventions Modernes 050

Robert's French Grammar o 25

German-English Readers.

Ahn's First German Book $0 25

" Second " " o 45

" Third " " o 45

" Fourth " " o 50

" First German Reader o 50

Klotz's German Grammar 60

$0 lO

o 15
o 25

o 35

o 45
o 60

o 25

o 75
o 25

o 30

o 05

o 25

o 40

o 06

$0 10

o 15
o 25

o 35
o 50

o 25

■ ■ fo

N Authorized Text-Books. 421

Collegiate Institutes and High Schools. (Schedule B.)

English.

High School Reader $0 60

High School English Grammar o 75

High School Composition o 50

High School Geography i 00

High School History of England and Canada o 65

Schmitz's History of Greece and Rome o 75

Mathematics.

High School Arithmetic $0 60

High School Algebra o 75

Elements of Algebra (McLellan) o 75

High School Euclid (McKay), Books I., H., HI.,

50 cents) o 75

Classics.

First Latin Book (Henderson & Fletcher) $1 00

Primary Latin Book (Carruthers & Robertson).... i 00

Bradley's Arnold's Latin Prose i 50

Goodwin's Greek Grammar i 25

Harkness' First Greek Book o 90

Moderns.

High School French Grammar $0 75

High School French Reader o 50

High School German Grammar o 75

High School German Reader o 50

Lessons in French, complete (Fa.squelles-Sykes)... o 75

Science.

High School Physics $1 00

High School Botany i 00

High School Chemistry o 75

422 Authorized Text-Books.

Bookkeeping and Drawing.

High School Bookkeeping |o 65

High School Drawing Course (new series) o 10

Training Schools. (Schedule C.)

Baldwin's Art of School Management (Canadian

Edition) $0 75

Hopkins' Outline Study of Man i 25

Fitch's Lectures on Teaching. . . i 00

Quick's Educational Reformers, Edition 1890 i 25

McLellan's Applied Psychology i 00

Spencer's Education o 50

Landon's School Management i 50

Manual of Hygiene o 50

Houghton's Physical Culture o 50

Infantry Drill as revised by Her Majesty's Command

(ed. 1892) o 40

MacLaren's Physical Education, Part H.: Sections

n. and ni 2 00

First Year at School (Sinclair) o 50

(Schedule D.)

High School English Word Book $0 50

Ayres and Armstrong's Orthoepist o 37

Mason's Advanced English Grammar o 75

Ayres and Armstrong's Verbalist o 35

Public School History of England and Canada (old

series) o 35

Green's Short History of the English People i 50

Edith Thompson's History of England o 65

Jeffer's History of Canada (Primer) o 30

Campbell's Modern School Geography o 75

Pillan's First Steps in Classical Geography 040

Hamblin Smith's Arithmetic o 60

Todhunter's Euclid (Books I. ,11. and in., 4ocents). 075
Curtius's Smaller Greek Grammar i 00

)ns

?o 65
o 10

lan

$0 75
I 25
I 00
I 25
I 00

1 50
o 50
o 50

o 40

2 00

o 50

Authorized Text-Books. 423

White's First Lesson in Greek $1 00

Allan and Greenough's Latin Grammar i 00

Harkness' Introductory Latin Book, Revised

Standard o 50

Harkness' Latin Grammar i 00

Leighton's First Steps in Latin i 00

De Fivas' Grammaires des Grammaires o 75

Bues' First French Book o 25

De Fivas' Introductory French Reader o 60

Aue's German Grammar i 00

Huxley's Introductory— Science Primer Series o 30

Balfour Stewart's Physics o 30

The Standard Bookkeeping and Precis Writing.... o 65

McGuirl's Prospective and Geometrical Drawing... o 40

Public School Music Reader o 40

High School Music Reader o 75

Canadian Drawing Course (old series) o 06

Temperance and Hygiene (old edition) o 25

•.:ic

)ld

s).

$0 50
o 37
o 75
o 35

1 50
o 65
o 30

o 75
o 40
o 60

1 00

m'^1^ 1
^..^y^^

Sec. X.

AN ACT RESPECTING THE USE
OF TOBACCO BY MINORS.

j6 Victoria^ Chapter ^2.

\Assented to 14th April, i8g2.

MER MAJESTY, by and with the advice
^ ^ and consent of the Legislative Assembly
of Ontario, enacts as follows: —

Supplying 1, Any person who either directly or indirectly

Tobacco to •'. r • ^ • i • i

persons under scIIs or givcs, or fumishes to a minor under eightfen

eighteen years ,t-. i

of age. years of age, Cigarettes, Cigars, or Tobacco in any

form, shall, on summary conviction thereof before a

Penalty. Justice of the Peace, be subject to a penalty of

not less than $io, or more than $50, with or without
costs of prosecution, or to imprisonment, with or
. without hard labor, for any term not exceeding
thirty days, or to both fine with or without costs
and imprisonment to the said amount and for the
said term, in the discretion of the convicting
Magistrate.

And in case of a fine, or a fine and costs being-
awarded, and of the same not being upon conviction
forthwith paid, the Justice may commit the offender
to the Common Gaol, there to be imprisoned for
any term not exceeding thirty days, unless the fine
and costs are sooner paid.

USB

Use of Tohacco by Minors.

425

2. This Act shall not apply to a sale to the minor Secs^ 3, 4.
• his parent or guardian under
order of the parent or guardian.

for his parent or guardian under a written request or ^*""J[" ^•''L''

. . * purchases for

parent or
Kuardian.

3. A person who shall appear to the Magistrate Presumption as
to be under eighteen years of age, shall be presumed °^^^'

to be under that age unless it is shown by evidence
that he is in fact over that age.

4. This Act shall go into affect on the ist day ofcommencem^TH'

Ji o •'of Act.

uly, 1892.

f5
3

Sec. I.

An Act respecting Summary Convictions

BEFORE Justices of the Peace and

Appeals to General Sessions.

I^.S.O., 1S87, Chapter 74.

Procedure before Justices,
ss. 1-3.
Except in appeals, to he ac-
cording to the practice under
the Acts of Canada, from
time to time in force, ss. i, 2.

Costs, s. 2.

Appeals from Justices to
General Sessions, ss. 4-8.

In case ok Amendment of
Acts of Canada, when
Amended Acts to Apply,
ss. 8, 9.

HER MAJESTY, by and with the advice
and consent of the Legislative Assembly
of the Province of Ontario, enacts as follows: —

PROCEDURE BEFORE JUSTICES.

Procedure be- !• (!)• Where a penalty or punishment is imposed
e°" to*be the Under the authority of any statute of the Province
D^*infon"Act8 of Ontario, or of any other statute or law in force
cedu^re Tnfsum- in Ontario, and relating to matters within the legis-
tions, lative authority of the Legislature of the Province,

and is recoverable before, or may be inflicted by, a
Justice of the Peace, or a Police or Stipendiary
Magistrate, the like proceedings, and no other, shall
and may be had for recovering the penalty, compel-
ling the attendance of the parties or witnesses,
hearing the complaint, and for the conduct of the
Court, the taking and estreating of recognizances,

PkoCKDUKK BEFOKK JUSTICKS.

427

and the infliction of the punishment, and otherwise Sees. 1, a.
in respect thereof, and the convictinj; Justice, or
PoUce or Stipendiary Magistrate, shall perform the
like duties in respect thereto, and in respect of any
conviction or order made by him or them by virtue
of such statute, as, under the statutes of the
Dominion of Canada then in force, mif^ht be had
and should be performed, if the penalty or punish-
ment had been imposed by a statute of Canada
unless in any Act hereafter passed imposinj,' the
penalty or punishment, it is otherwise declared.

(2). Nothing in this section contained shall confer Procedure on

. appeals not

upon any person who considers himself aggrieved affected,
by a conviction or order made by any Justice, or
Police or Stipendiary Magistrate, the right of
appealing to the General Sessions of the Peace, or
shall affect procedure on appeals.

2. (i). In all cases of summary conviction, or ot Magistrate may

^ ' •' order defendant

orders made by a Justice of the Peace, Police '° pay <:°*»'
Magistrate, or Stipendiary Magistrate under this
Act, the Justice, Police Magistrate or Stipendiary
Magistrate may, in his discretion, award and order,
in and by the conviction or order, that the defendant
shall pay to the prosecutor or complainant, such
costs as to the said Justice, Police Magistrate or
Stipendiary Magistrate seems reasonable in that
behalf, the same not being inconsistent with the
fees established by law to be taken on proceedings
had by and before Justices of the Peace.

(2). In cases where the Justice or Police Magis- Magistrate may

^ ' _ _ J _ _ o order prosecu-

trate or Stipendiary Magistrate, instead of convicting 'o^^P^y^""*-
or making any order, dismisses the information or
complaint, he may, in his discretion, in and by the
order of dismissal, award and order that the prose-
cutor or complainant shall pay to the defendant

428

Procf-durk before Justices.

Sees. 2, 3, 4, such costs us to the said Justice, or Police Ma^'is-
trate or Stipendiary Ma^dstrate, seems reasonable
and are consistent with the law-

Recovery of

costs with
penalty.

(,i). The sums so allowed for costs shall be
specified in the conviction or order, aid shall be
recoverable in the same manner and under the
same warrants as a penalty adjud^'ed to be paid by
conviction or order is recovered.

(4). Where there is no penalty to be recovered,
such costs shall be recoverable only by distress and
sale of the goods and chattels of the party.

Conviction, and 3, fhc Clerk of the Peace for the county shall be

recognizances -'

mined"" Clerk *^^ proper officcr to whom shall be transmitted

of the Peace, convictions to be filed, and recognizances in respect

of which proceedings require to be taken at the

Reco'-ery of
costs where no
penalty.

General Sessions of the Peace.

Appeal from
convictions to
the General
Sessions.

APPEALS TO r.ENi:RAL SESSIONS.

4. Any party who considers himself aggrieved
by a conviction or order made by a Justice of the
Peace, or by a Police or Stipendiary Magistrate,
under the authority of any statute in force m
Ontario, and relating to matters within the legisla-
tive authority of the Legislature of Ontario, may»
unless it is otherwise provided by the particular
Act under which the conviction or order is made,
appeal therefrom to the General Sessions of the
Peace.

Practice and
proceedings on
appeal.

5. In case an appeal lies to the Court of Genera;
Sessions of the Peace from a conviction or order
made, as aforesai"'., under the authority of a statute
of the Legislature of Ontario or other statute or law
in force in the Province of Ontario, and relating to
matters within the legislative authority of thr paid

Api'iiALs TO Sessions.

429

rievcd
)f the
rate,
ce in
isla-
niay,
icular
nade,
ilie

nera.<

order

atute

H' law

K to

?aid

Lep[islature, the practice and proceed in;:,'s on the Sees. 5, 6, 7.

appeal and preliminary thereto, and otherwise in

respect thereof, save as is herein otherwise expressed,

shall he the same as the practice and proceeding's

under the statutes of the Dominion of Canada then

in force, on an appeal to the General Sessions of

the Peace from a conviction before a Justice of the

Peace, made under the authority of a statute of

Canada; except that either of the parties to the Evidence on

. . . appeal.

appeal may call witnesses and adduce evidence in
addition to the witnesses called, and evidence
adduced at the original hearing.

6. (i). Where an appeal lies to the General Notice of

: . . appeal.

Sessions of the Peace troin a conviction or order
made by a Justice of the Peace, or by a Police or
Stipendiary Magistrate, under the authority of any
statute in force in Ontario, and relating to matters
within the legislative authority of the Legislature of
Ontario, the notice of appeal may be given within
ten days after the conviction or order.

(2). If the conviction or order is made more than
fourteen days before the sittings of the General
Sessions, the appeal shall be made to the then next
sittings of the Court, but if the convi' 'Jon or order
be made within fourteen days of the sittings of the
Court, then to the second sittings next after the
conviction of order.

7. If upon the trial at th^! General Sessions ofA'Ge.ierai

' Sessions of the

the Peace of an appeal from a decision of a Justice ''^^',"j',,°"^*jP;
of the Peace upon any matter within the legislative j;',*^^^j^°jj.',^",e'^
authority of the Legislature of Ontario, it is proved'"''
upon the oath or affirmation of any credible witness
that a person whose deposition has been taken upon
the original hearing, is dead, or is so ill as not to be
able to travel, or is absent from Ontario, or if it is

::ei tain cases.

430

Appeals to Sessions.

5 "ii':':

, ■••<'>

iM Q , lit:

2 ^ ^ '!!

Sees. 7, 8, 9. proved in like manner that after diligent inquiry
such persor cannot be found to be served with a
subpoena, and if it is rJ.so proved that such deposi-
tion was taken in presence of the person accused,
and that he, his counsel or solicitor, had a full
opportunity of cross-examining the witness, and if
the deposition purports to be signed by the Justice
by or before whom the same purports to have been
taken, it shall be received as evidence in the prose-
cution without further proof thereof, unless it is
proved that the deposition was not in fact signed
by the Justice purporting to have signed the same.

Abandonment 8. Anv appellant may abandon his appeal by

of appeal; costs. , . . - , . . . .

giving the opposite party notice of his intention in
writing six days before the Sessions appealed to ;
and thereupon the Justice, or Police or Stipendiary
Magistrate, may tax the additional costs if any, of
the respondent, and add the same to the original
costs, and proceed on the original conviction, or
order, in the same manner as if there had been no
appeal thereon.

WHEN AMENDED ACTS OF CANADA TO APPLY.

When amend- 9. If the Parliament of Canada amends any

nicnts of Do- . , , , •

minion Acts statute, the operation whereof is extended by virtue

shall t,ike effect ' ^ •'

under this Act. of this Act, no such amendment shall rave any force
in Ontario, by virtue of this Act, until after the
termination of the Session of the Legislature of
Ontario held next after the passing of the amending
statute.

'i^m-

APPENDIX A.

FORMS.

1. Notice of Annual School Meeting.
As required by The Public Schools Act, the undersigned

Trustees of School Section No. , in the Township

^^ ' hereby give notice that the Annual Schoo' Meet-
ing of the Supporters of the Public School in the section will

be held at -on Wednesday, the day of December,

i8— at the hour of ten o'clock m the forenoon, for the trans-
action of the business prescribed by the nineteenth to the
twenty-fourth sections inclusive of said Public Schools Act.

A. B.,i
C.D.,-
E. F.J

Trustees.

Dated this day of

i8— .

If the last Wednesday of December be a holiday, the Trustees should insert
1 hursday in the foregoing notice.

2. Notice of Annual School Meeting, when Proper

Notice Not Given.

The Annual School Meeting for School Section No. , in

the Township of , not having been held for want of

proper notice thereof, the undersigned [Inspector, or two rate-
payers, as the case may bc\ as authorized by the eighteenth section
of The Public Schools Act, hereby gives [or give] notice that the
Annual School Meeting ot the Supporters of the Public School

432

Forms.

in the section will be held at-

-on the

-day of-

U| III!

i8 — , at the hour of ten o'clock in the forenoon, for the trans-
action of the business prescribed by the nineteenth to the
twenty-fourth sections inclusive of said Public Schools Act.

A. B., Pub. Sell. Inspector,

or
C. D.,) Ratepayers of the
E. F.J Section.

Dated this— — day of , i8 — .

3. Notice of Special School Meeting.

-, in the

The undersigned Trustees of School Section No.-

Township , [or the Public School Inspector, as the case may

be,] as authorized by The Public Schools Act, hereby give [or
gives] notice that a Special School Meeting of the Supporters of

the Public School in said School Section will be held at ,

on , the day of , i8 — , at the hour of

in the for the transaction of the following special busi-

ness, namely — [Here state it in full].

A. B.,j

C. D.,|- Trustees.

E. F.j

(or G. H., Public School Inspector.)

, i8— .

No business but that mentioned in the notice can be lawfully transacted at the
special meeting thus called.

Dated this-

-day of

4. Notice to Person Elected as School Trustee.

, 1 8-.

Sir, — At a meeting of the ratepayers of School Section

No. , in the Township of , held on the

of , i8 — , you were duly elected as a Trustee for the

aforesaid School Section.

if- ,

the trans-
ilh to the

'Is A ct.

. Inspector,

\ieYs of the
ction.

— , in the
e case may
y give [or
)porters of

■ >
»ur of

ecial busi-
est ees.
Inspector.)

sacted at the

;USTEE.

-, 18-.

I Section

:he

;e for the

Forms.

433

Please acknowledge the receipt of this intimation.

To C. D.

A. B.,

Secretary of the School Meeting.

Shoul.l no reply be received by the Secretary of the School Meeting within
twen y days, the party concerned will be held to have accepted the office of School
1 rustee. See section 24.

5. Concurrence in Resignation of Trustee.

A. B., our colleague, as Trustee of School Section No.

Township of , having intimated to us his desire to

resign his office as such Trustee, we the undersigfied remain-
ing Trustees of the School Section named do hereby consent
to his resignation, as authorized by the twenty-sixth section of
The Public Schools Act, such resignation to take effect* on the
election ot his successor at a meeting of the ratepayers of the
Public School in the section called by us, and to take place on
the day of -, 18— .

A. B.,
C. D.,

Remaining Trustees.
Dated this day of , 18—.

This document is to be given to the retiring Trustees for presentation to the
Chairman of the School Meeting called as above.

6. Notice to the Ratepayers by Township Cliirk
CALLING A First School Section Meeting.

Township Clerk's Office,

18-

The Municipal Council of this Township has formed a

School Section to be known as No. . The boundaries of

this new School Section are as follows, namely : [Insert them
in full detail.]

The ratepayers of the aforesaid newly formed School Sec-

434

Forms.

■:r,":g,

Hlhiil!

1^4

"itHi;

'ifi:

*><

tion are hereby notified that a meeting of the legally qualified

School Voters of Section , will be held at on

the day of December, i8g — , at the hour of ten of the

clock in the forenoon, for the purpose of electing Trustees of
the Section, and for the transaction of other necessary business,
as authorized by sections nineteen to twenty-four inclusive of
The Public Schools A ct.

A. H.,
Township Clerk.
Dated this day of , i8 — .

If the last Wednesday in December be a holiday, the Township Clerk should
insert Thursday in the foregoing notice.

7. Transmission of Copy of School Meeting Minutes
TO THE County Inspector.

, i8-.

Sir, — I send herewith the following correct copy of the
minutes of proceedings and poll book of the annual \^or special]

meeting of the ratepayers of School Section No. , in the

Township of , held on the day of , i8 — .

[Insert the Minutes in full, and also send a transcript of the Poll
Book where an election has been held.]

A. B.,

To C. D., Chairman of the School Meeting.

Public School Inspector.

8. B<^Nn OF Secretary-Treasurer.

Know all men by these presents that we, A. B., of the

of in the County of , Secretary-Treasurer {or Col-
lector of School Kates] of the Board of Public School Trustees

for School Section of the Township of in the County

of ^or The Public School Board] ; C. D., of the ^

{business or calling]; and E. F.,
— {business or calling],
bind ourselves and each of us, our and . ;ich of our heirs,

of the-

-m. the Count\- of

of in the County of

qualified

n of the
ustees of
business,
ilusive of

Clerk.

Illerk should

Minutes

-, 18-.

)y of the

or special]
— , in the
— , i8— .
/ the Poll

fee ting.

[or Col-
Trustees
Counts-

the

id E. F.,
r calling],
ur heirs,

Forms. 435

executors, and administrators, to the said Board of Public School

Trustees for School Section of the Township of in

the County of [or The Public School Board], in the

sum of dollars, to be paid to the said Board of Public

-of the Township
Public School

School Trustees for School Section

of in the County of [or The-

Sealed with our seal.

Board], their successors and assigns.
Dated this day of , i8q— .

Whereas the said A. B. has lately been appointed to, and
now holds, the office of Secretary-Treasurer [or Collector of
School Rates] of the above-named Board. Now the condition
of the abo\?e-written bond or obligation is such that if the said
A. B. shall, from time to time, and at all times hereafter, so
long as he shall hold the said office of Secretary-Treasurer [or
Collector of School Rates], duly and regularly account for and
pay to the said Board or to any person or persons who may be
appointed for this purpose, all moneys which shall come to his
hands either in the capacity of Secretary-Treasurer [or Col-
lector of School Rates] of the said Board, or by any other
means on account of the said Board, and in every other respect
fully and faithfully perform and discharge the duties and
obligations which, from time to time, shall devolve on him in
such capacity as aforesaid, then the above-written bond or
obligation shall be void; otherwise the same shall remain in
full force and virtue.

Signed, sealed, and delivered

A. B.

[L.S.]

CD.

[L.S.]

E. F.

[L.S.]

in presence of

■■w

0, Notice ov School Meeting.

, 189-.

SiK, — Vou are ln^reby notified that a meeting of the Board

of Public School Trustees for School Section of the

Township of in the County of [or The Public

School Board] will beheld at on day the day

■:5

436

Forms.

of-

— , i8g — , at the hour of o'clock in the-

which meeting you are hereby requested to attend.

-noon ;

To A. B.,

School Trustee.

C. D.,

Secretary-Treasurer .

Q , III':-

10. Request to an Inspector by any Two Ratepayers
TO appoint a School Section Auditor.

, iS-.

Sir, — The Trustees {or the School Meeting, as the case may be,]
having neglected to appoint a School Auditor [or the A iiditor
appointed having refused to act] the undersigned Ratepayers of

School Section No. , in the Township of , hereby

request that you would appoint a School Auditor for the Sec-
tion, as authorized by the thirty-seventh section of The Public
Schools Act.

We are. Sir, your obedient servants,

A. B.,
C. D.,

To E. F., Ratepayers of the Section.

Public School Inspector.

11. School Auditor's Notice to Person Interested in
THE School Accounts of a Section.

i8-

SiR, — As authorized by the thirty-ninth section of The Public
Schools Act, the undersigned Auditor of the Accounts of School

Section No. , in the Township of , hereby requires

your attendance at the audit of these accounts, to be held

at , on the day of , i8g — , at the hour

of o'clock in the . You are also hereby required

by said School Act (under penalty for refusal or neglect) to
bring with you any books, papers or v.ritings connected with

— noon ;

reasuver.

SPA VERS

i8— .

may be,\
'■ A uditor
•ayers of
■, hereby
the Sec-
he Public

ection.

STED IN
l8— .

le Public
School
requires
be held
le hour
equired
lect) to
id with

Forms.

4J7

such accounts, and to lay them before the Auditor or Auditors
of the Section.

I am, Sir, your obedient servant,

A. B.,
ToC.D.,\ Trustee. ' Auditor of School Section.

E. F., - Secretary-Treasurer.

G. H.,) other person [as the case may he],

12. Warrant to Enforce Collection of Moneys
Awarded to he Paid hv School Auditors.

The undersigned Auditor, [or Auditors] of the School

Accounts of School Section No. , in the Township of ,

by virtue of the powers vested in me [or us] by the thirty-ninth
section of The Public Schools Act, hereby authorises and requires
you, [insert name of Collector] after ten days from the date
hereof, to collect from the person [persons, or corporation] named
below the sum [or sums] of money, set opposite his [their or its]
name [or names] being the sum or sums awarded by the under-
signed Auditor [or Auditors] aforesaid, to be paid by such per-
son [persons, or corporation], and to pay within days from

the receipt thereof the amount so collected, after retaining

your lawful fees, to whose discharge shall be your

acquittance therefor. And in default of payment on demand by
the person [persons, or corporation] named below, you are hereby
authorized and required, within three days after such default
of payment, to levy the amount by distress and sale of the goods
and chattels of the person [persons, or corporation] making said
default.

Given under my hand as Auditor [or our hands as Auditors],
this day of , i8 — .

To E. P., Collector of moneys awarded by A uditor [or Auditors]
to be paid.

A. B.,) Auditor [or Auditors] of the

[C. D.,]j School Section aforesaid.

[Insert here the names and amounts, as above intimated.]

1'5

438

Forms.

The thirty-ninth section of the said Act cited above, sub-section 3, declares that
the person named in the foregoing warrant "shall have the same power and authority
to " enforce the collection of the mont-ys mentioned in the said warrant, with all
" reasonable costs, by seizure and sale of the property of the party or corporation
• against whom the same has been issued, as any hailififof a Division Court has m
*• enforcing a judgment and execution issued out of said Court."

I'm

S, '111'

13. Deed to School Trustees.

This Indenture made (in duplicate) the-
one thousand eight hundred and ninety —

day of

-, in pursuance

the Act respecting Short Forms of Conveyances, and of The
Public Schools Act, i8gi, between A. B., of the city [town,

village, or township, as the case may be] of in the County

of , [business or calling], of the first part ; C. D.,

the wife of the said A. B., of the second part ; and the Board

of Public School Trustees of School Section of the

Township of in the County [or, The {name of city,

town, or incorporated village) Public School Board, as the case
may be], hereinafter called the " Board," of the third part.

Witnesseth that, in consideration of dollars of lawful

money of Canada now paid by the said Trustees to the said
party of the first part (the receipt whereof is hereby by him
acknowledged), he, the said party of the first part, doth grant
unto the said Board, in fee simple, all and singular that certain
parcel or tract of land and premises situate, lying, and being

in the of in the County of , being composed

of [description of land in full] ; to have and to hold unto the
said Board, their successors and assigns, to and for their sole
and only use forever. Subject, nevertheless, to the reservations,
limitations, provisoes, and conditions expressed in the original
grant thereof from the Crown.

The said party of the first part covenants with the said
Board that he has the right to convey the said lands to the
said Board notwithstanding any act of the said party of the
first part. And that the said Board shall have quiet possession
of the said lands free from all incumbrances. And the said
party of the first part covenants with the said Board that he

declares that
and authoril)-
rant, with all
r corporation
C!uurt has in

of-

suance of
id of The
ty [town,
e County
t; C. D.,
he Board
—of the
ne of city,
s the case
i part.

of lawful
the said
)y by him
oth grant
at certain
nd being
;omposed
unto the
their sole
irvations,
2 original

the said
ds to the
ty of the
3ssession
the said
I that he

Ft)KMS.

439

will execute such further assurances of the said lands as may
be requisite. And the said party of the first part covenants
with the said Hoard that he has done no act to incumber the
said lands. And the said party of the first part releases to
the said Hoard all his claims upon the said lands. And the
said C. D., the wife of the said A. B., hereby bars her dower
in the said lands.

In witness whereof the said parties hereto have hereunto set
their hands and seals.

Signed, sealed, and delivered
in the presence of I

14. Notice of Exi:mption to Township Clekk.

Sir,— As authorized by the fortieth section of The Public

Schools Act, the undersigned trustees of School Section No. ,

in the Township of , at a meeting held on the day

of , exempted as "indigent" the following persons

resident in the School Section, from the payment of all school

rates, [or above mills on the dollar, as the case may be,] in

support of the school.

[Here insert list of indigent or other exempted persons.]

[In the case of unorganized townships, the trustees concerned can
stibstitnte the following in the place of the words in the above, begin-
ning with " as ' indigent,' " etc.] : —

Mr. I. K., whose place of residence is more than three
miles from the schoolhouse of the section.

A. B.,| Trustees
C. D., - of the

E. F.,) Section.

To G. H., Township Clerk,-

■Post Office.

This intimation must be given by the School Trustees to the Township Clerk

•5;

;:5

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

1.25

" IM ||||22
2.0

1.8

1.4 llllli.6

e".

Photographic

Sdences

Corporation

23 WEST MAIN STREET

WEBSTER, NY. 14580

(716) 872-4503

,<-^ «<=>.

440

Forms.

'• on or before the first of August " in any year, as required by sub-section 7 of
section 40 of The Puhlic Schools A<t.

The Trustees of unorganized townships, in iving notice under section 42,
as alx)ve, should see that the conditions of exemption under that section are com-
plied with.

15. REyuisiTioN ON THE Mlnicipal Col'ncil for School

Moneys.

In terms of the fortieth \(n-y in the case of cities, towns and
incorporated villaj^es, the one hundred and seventh] section
of The Public Schools Act, the Board of Piibhc School

Trustees for School Section No. of the township [or

rhe Public School Board, or The Board of Education for the

citv town, incorporated village, or township of ,]

' n jy applies to the Municipal Council of the township
' Jy town or incorporated village, as the case may be] for the
sums of money set forth in the accompanying estimate for the
support and maintenance of the Public School ['^^ schools] in
the aforesaid section [city, town or incorporated village] for the
year ending on the 31st December, 18 — .

[Here follows the estimate.]

The school corporation as aforesaid hereby respectfully
requests that the Municipal Council of the township [city,
town, etc.] shall, as required by the one hundred and tenth
section of The Public Schools Act, provide by assessment the

foregoing amount of dollars for the current expenses of

the school [or schools] under charge of the Board, as per
estimate herewith.

A. B., Chairman,] Corporate
C. D., Secretary. ) Seal.

To the Clerk of the Municipal Council of the of .

This requisition, in the case of Rural School Trustees, must be sent to the
Clerk of the Council concerned not later than the end of July, and in time for the
August meeting. See sub-section 8 of the 40th section of The Public Schools Act.

In case moneys are required for the erectior )f schoolhouses, purchase of site,
etc., the words " provide by assessment " in the foregoing requisition should lie
altered to " provide by debenture for the purchase of a school site " (or the " erection
of a school building,'' as the case may be). See sections 115-121. "

•section 7 of

section 42,
ion are com-

i School

Dwns and
] section
: School
nship [or

n for the

:o\vnship

for the

e for the

:hools] in

] for the

pectfuUy
ip [city,
id tenth
lent the
enses of
as per

forate
leal.

;nt to tile
ne for the
w/s Act.
ise of site,
should ix-
" erection

Forms. 441

16. PROMISSORY Note of Rural School Trustels for

Teachers' Salaries.

, 18—.

days [or months] after date, The Board of Pubhc School

Trustees for School Section , of the Township of ,

in the County of , promises to pay to the sum

of dollars, advanced to it by the said for the pay-
ment of Teachers' Salaries, and hereby agrees to pay interest
at the rate of per cent, per annum for such advance.

( A. B. )
School Trustees, ] C. D. L [L.S.]

$ . I E. F. J

Not more than eight per cent, per annum can be lawfully paid by Trustees for
loans of this nature. The form of note may i»e varied so that the amount of interest
•or discount can be included in the face value of the note. The seal of the section
should in all cases be affixed to the note in the place indicated above.

17. Notice to Inspector and Township Clerk.

, 18—.

Sir,— The following are the names and post-office addresses

of the Trustees of School Section No. , in the Township

of , now in office : —

Post Office Address.

A. B .

CD ]

E. F '

The name [or names] of the Teacher [or Teachers] employed
by the Board of Trustees is [or are] as follows :—

G. H .

I. K., etc .

L. M.,
To N. O., Secretary-Treasurer 0/ the School Board.

Public School Inspector.
ToP. Q.,

Township Clerk.

This notice should be given before the isth January in each year.

2s'

::5

442

Forms.

I B>

!^i:

18. Petition to Trustees to Call a Special School

Meeting.

To the Trustees of Public School Section No. — , in the
Township of .

The Petition of the undersigned ten ratepayers of the School
Section aforesaid, respectfully showeth : —

That they think it desirable that the trustees, on receipt of
this petition, should call a meeting of ratepayers of the section,
for the consideration and disposal of the following business : —
[Here name the business in full.]

Dated this day of , i8 — .

This Petition should be signed, by at least ten ratepayers of the section con-
cerned, and sent direct to the senior Trustee, or to the Secretary of the school
corporation. (See sec/ion 40, sub-section 11, )

19* Notice of a First School Meeting in an Unor-

GANiZED Township.

The undersigned heads of families of a School Section, set
apart by the Stipendiary Magistrate {or Public School Inspector],

and known as School Section in the Township of ^

as authorized by law, hereby give notice to the ratepayers of the

Section, that a Public School meeting will be held at ,

on the day of , 189—, at the hour of ten of the

clock in the forenoon, for the election of Trustees and for the
transaction of other necessary business as authorized by the
nineteenth and twenty-fourth sections inclusive of The Ptiblic

Schools Act.

A. B.

Heads of Families of the School Section.

Dated at-

CD.,

— this-

-day of-

18-

20. Notice of Division of School Sections in Unor-
ganized Townships.

Office of the Inspector of Schools for the .

District of ,

, 189—.

Sir, — I beg to inform you that, in accordance with sub-

Forms.

443

L School
— , in the
the School

receipt of
le section,
usiness: —

section con-
of the school

N UnOR.

section 3 of section 44 of The Public Schools Act, 1891, I have
divided the School Sections formed under section 41 of the
said Act into the following groups : —

I I. S.S. No.
Group I. I 2. S.S. No.

Group

3. S.S. No.

( I. S.S. No.

II. ] 2. S.S. No.

( 3. S.S. No.

{And so on.)
Your School Section forms part of Gronp-

Yours truly,

:::5

sction, set
Inspector],

of ,

ers of the

at ,

en of the
id for the
id by the
'he Public

Section.

N Unor-
he i

189—.
/ith sub-

To the Secretary of the Trustees of S.S. No.

21. Notice of Appeal against Assessment.

The Public Schools Act, i8gi.

Public notice is hereby given that, in pursuance of section
46 of the above Act, the Court of Revision appointed under
sub-section 2 of section 44 of the said Act will sit for the
purpose of hearing appeals against the assessment rolls of

School Section No. at the of on the day

of , 189 — , at the hour of o'clock in the noon,.

of which said sitting all persons are hereby required to take
notice.

Dated this-

■day of-

-, 189—.

Secretary-Treasurer of S.S. No.

22. Declaration by School Collector.

do solemnly promise and

declare that I will truly, faithfully, and impartially, to the best

444

Forms.

V'W

I ^'!

\\i

fi;;

of my knowledge and ability, execute the office of School
Collector, to which I have been appointed, in School Section

No. in ; and that I have not received, and will

not receive, any payment or reward, or promise of such, for
the exercise of any partiality, or malversation, or other undue
execution of the said office, and that I have not by myself or
partner, either directly or indirectly, any interest in any con-
tract with or on the said Board of Trustees of said School
Section.

23. Notice by Arbitrators to Parties interested in

A School Section.

The undersigned Arbitrators appointed to appraise the
■damages and determine the r'aims of all parties concerned in

regard to the Public Schoo' iite selected for Section No. ,

in the Township of , known as part of lot No.

in the said Township, hereby give notice to all such parties
that the> will meet to hear and determine the claims on

such part lot at on the day of , i8 — .

You are hereby notified to attend such meeting or submit your
claim in writing to the Arbitrators on the day named.

Dated at-

-this-

-day of ■

i8— .

A. B.

CD.

To G. H., owner. E. F.,

I. J., lessee.
K. L., tenant.
M. N. (other party concerned).

'^ A rbitrators for proposed

2 School Site.

"— ' No. , Tp. of .

24. Affidavit Verifying Award.
The Public Schools Act, 1891.

County of-

To Wit

of the-

-of-

in the County of-

Df School
il Section
, and will
such, for
ler undue
myself or
any con-
id School

iSTED IN

raise the
:erned in

No. ,

No.

h parties
laims on
h-, i8— .
mit your

proposed
ite.

Forms. 445

the Secretary-Treasurer of the Board of Trustees for — '■ — »
make oath and say : —

1. That the paper writing attached hereto is the award made
and published in respect to the school site therein mentioned,
under the above Act, by the Arbitrators therein mentioned.

2. That the said award was made and published at .

3. That I know the said Arbitrators, and that they are the
parties making and publishing the said award.

4. That the names , , ,

areoftheproperhandwritingofthesaid Arbitrators respectively^

Sworn before me at the

in the County of —

this day of—

189—.

A Commissioner, etc.

25. Surveyor's Certificate on Selection of a School

Site.

The Public Schools Act, iSgi.
In the matter of all and singular that certain parcel or tract
of land and premises situate, lying, and being in

the of in the County of , and being

{describe lands accurately] duly selected for a school
site under the provisions of the above Act.
I of the of in the County of do

hereby certify that I am a duly qualified surveyor, authorized
to practise as such under the provisions of the Act respecting
Land Surveyors and the Survey of Lands ; that I am well
acquainted with the above-described lands, and have no
interest whatever in the above matter ; and that I consider

the sum of dollars a fair compensation for the said lands.

As witness my hand this day of , 189 — .

, O.L.S.

c.-J

446

Forms.

<e 1

3 1

26. Affidavit Proving Absence from Country of Owner
OF Land Selected for a School Site.

I-

(Same style as in Form 25.)
-of the of in the County of-

{occupation], make oath and say : —

1. That I am well acquainted with [name of owner], the
owner of the above-described lands, and know that at present
he is residing at {here state, as accurately as possible, his present
place of residence), [or, and have made diligent enquiry as to
his present place of residence by {here describe means' taken to
ascertain residence), and have been unable to find him],

2. That to the best of my knowledge and belief the
said is not a resident of this country.

Sworn before me at the

in the County of

this day of ,

189—.

A Commissioner, etc.

27. Notice to Absent Owner of Land Selected for a

School Site.

{Same Style as in Form 2^.)

You are hereby required to take notice that in pursuance of
a certificate given by , a duly qualified surveyor, certify-
ing that the sum of dollars is a fair compensation for the

above-described lands, duly selected for a school site, the

Trustees of School Section No. in the are ready to

pay the said sum so certified as compensation for the said

lands ; and you are required on or before the day of ,

i8g — , to notify the Secretary of the said Trustees of your
acceptance of the said sum as compensation for the said lands.
In the event of your refusing to accept the said sum, you are

F Owner

of-

mcr], the
t present
is present
liry as to
>' taken to

slief the

D FOR A

uance of
certify-
for the
site, the
eady to
the said
if .

of your
d lands,
you are

Forms.

447

further required to take notice that in pursuance of section yj

of the said Act the said Trustees have appointed of

the of in the County of as their Arbitrator in

this matter ; and you are hereby required to name your Arbi-
trator on or before the said day of .

Dated the day of , i8g— .

Judi^e of the County Court of
the County of-

28. Notice by Township Council of its Intention to
Alter THE Bounjakies of a Plhlic School Section, Etc.

• ^ Township Clerk's Office, , i8 — .

The Municipal Council of the township of hereby gives

public notice to the ratepayers and other parties concerned of
School Section [or School Sections] No. — , [or Nos.] in this
township, that it is the intention of the Council to alter the
boundaries [divide, alter or unite such section or sections, as the
case may be,] of that section at a meeting of the Council to be

held on the day of , i8— .

A. B.,
Township Clerk.

This intimation may be posted in the School Section or School Sections concerned,
■or published in a local newspaper ; or it may be sent to the School Trustees of the
Sections to be affected by the proposed change. The eighty-first section, sub-section 2,
of TAe Public Schools Act authorizes the Council to give the notice " in such manner
as the Council may deem expedient."

29. Appeal to County Council in Regard to School

Section Boundaries, Union or Otherwise.

The undersigned trustees [or five ratepayers or Public School
Inspector], of [Union] School Section No. , in the Town-
ship of , as authorized by the eighty- second [or eighty-
eighth] section of The Public Schools Act, hereby appeal to the
Municipal Council of the County of , against the action

■:;:i
::5

I e

:si

448

FOKMS.

[or refusal to act — as in the case 0/ ordinary School Sections — on
application being duly made to it, on the part] of the Council of

the Township of in regard to the boundaries of our School

Section.

Dated at-

-this-

■day of-

18-.

A. B.,) Trustees of

CD.,- yUnion] School Sec
E. F., No.—.

[or signed by five ratepayers of the Section, or by the PubUc
School Inspector, in case of Union Sections.]

To the Clerk of the Municipal Council,

County of . >

30. Notice of the Decision of the Arbitrators in
Regard to an Appeal to a County Council.

The undersigned Public School Inspector, one of the Arbi-
trators appointed by the Municipal Council of the County
of , to consider and decide upon an appeal to the Coun-
cil in regard to the boundaries of School Section No. , in

the Township of —

— , hereby gives notice to the trustees of
the Section [or other Section, and to the Clerk of the Township con-
cerned] that the Arbitrators have agreed to the following award
in the case : —

[Insert it in full.]

A. B.,

Public School Inspector,
A rbitrator.

To the Trustees of School Section No.

and
To the Clerk of the Township of

This form may be altered so as to meet the case of Union School Section
Appeals, provided for in section 88.

'..\:W,

Forms.

449

tions—on
ouncil of
ir School

s of
'lool Sec.

e Public

roRS IN

he Arbi-
County
e Coun-
— , in
stees of
ship con-
g award

iispector,

31. Deko i'.y School Tkl'steks.

This Indenture made (in duplicate) the —
one thousand eif^ht hundred and ninety

-day of-

, in pursuance

of the Act respectin;,' Short I'^orms of Conveyances and
The Public Schools Act, itScji. Between The Hoard of
Public School Trustees of School Section of the Town-
ship of in the County of [or The Public

School Hoard, as the case may be], hereinafter called the
" Hoard," of the first part ; and A. H., of the township [city,

town, or village] of in the County of , [business or

callin^j;,] of the second part.

Witnesseth that, in consideration of —

-dollars of lawful

)1 Sectioa

money of Canada, now paid by the said party of the second
part to the said Hoard (the receipt whereof is hereby by them
acknowledged), they, the said Hoard, do grant unto the said
party of the second part, in fee simple, all and singular that
cer'.am parcel or tract of land and premises situate, lying, and
being in the of in the County of , being com-
posed of [description of lands in full] ; to have and to hold unto
the said party of the second part, h — heirs and assigns, to and

for h their sole and only use forever. Subject, nevertheless,

to the reservations, limitations, provisoes, and conditions
expressed in the original grant thereof from the Crown.

And the said Hoard covenant with the said party of the
second part that they have done no act to incumber the said
lands. And the said Hoard release to the said party of the
second part all their claims upon the said lands.

In witness whereof the said Hoard have hereunto affixed

their corporate seal by , Chairman, countersigned

by , Secretary-Treasurer, of the said Hoard.

Signed, sealed, and delivered
in the presence of i

.'21

iiij

n::i

ij!!;

"■•'5

450

FORNfS.

IS)

■#•!

32. Pktition to Township Coi'ncii. in Rkgaud to Union

SCI'OOL SliCTIONS.

The petition to the Council of the Township of of [live]

ratepayers of said Township respectfully showeth : That they
are desirous that a Union School Section should be formed

out of parts of Townships of [or they are desirous that

the boundaries of Union School Section No. •, in the Town-
ships of , should be altered {or dissolved), av the case may be].

Your petitioners, therefore, pray that the rccjuest which they
have herein made may be f,'ranted, so far as the Council of your
Township is concerned, in terms of the eighty-seventh section of
The Public Schools Act, 1891.

A. B., I

CD., y Petitioners.
E. F., etc.]
To the Clerk of the Council,

Township of .

An original copy of the foregoing iietition must be sent to the Clerk of each of
the Townships concerned, not lat«!r than August or September of any year, so that
the respective t)y-laws required can be passed not later than the 25th December, as
required by law. Section 87, sub-section 10.

33. NoTicii: OF Appointment of Arbitrator on Altera-

tion OF Union School Section.

To ,

Inspector of the District of .

You are hereby required to take notice that in pursuance of
sub-section i of section 87 of The Public Schools Act, 1891, the

Municipal Council of have appointed Mr. as their

Arbitrator, on the joint petition of [insert names of jive ratepayers
petitioning], for the formation [or alteration, or dissolution, as

the case may be] of School Sections into a Union School

Section [or of Union School Section ], a copy of which

petition is hereto annexed. .

Dated at this day of , iSg — .

Clerk.
It is suggested that a copy of the petition should accompany this notice.

FOKMS.

451

ro Union

-of [five]
rhat they
)t: ffjrined
roiis that
he Towii-
se may be],
hich they
:\\ of your
section of

titioners.

34. InSPIXTOK's NOTICK TO ToWNSIlIP Cf.kkks.
Public School Inspector's Office,

-, iS— .

Sir, — I hereby notify you that a tneetinj,' of tin- Arbitrators
appointed to form [alter or dissolvej a Union School Section

[o;'the Union SchoolSection No. JntheTownshipof ,]

as requested by the ratepayers concerned, will be held at ,

on the day of , 18 — , at the hour of in the

forenoon.

I am, Sir, your ot 1 dient servant,

A. \^.,

Puhiic School Inspector.
To C. C, Clerk of the Township of .

:::5

rk of e.ich of
year, so that
December, as

Altera-

juance of
1891, the
-as their
"atepayers
ution, as.
School
)f which

Clerk.

ce.

35. AWAKD.

To all to whom these presents shall c me : We, A. H., of

the of in the County of , {biisiucss or calling) ;

C. D., of the of in the County of , ibusi)iess or

calliuf;); and X. Y., of the-

-ot

in the County of-

{the senior County Court Jml^e, or the person appointed by him, or as
the case may be,) send greetin^^ :

Whereas under and by virtue of the eighty-seventh section
of The Public Schools Act, 1891, the matter of formation

(alteration or dissolution) of Union School Section No.

has been referred to the award and final determination of us,
the said A. B., C. D., and X. Y., the Arbitrators appointed
under and by virtue of sub-section i of the said eighty-seventh
section of The Public Schools Act, 1891, the said award to be
made in writing on or before the day of , 189 — .

[ (Where the time for making the award has been enlarged, insert:)
And whereas we, the said Arbitrators, have enlarged the time
for making our award until the day of , 189 — .]

Now we, the said Arbitrators, having taken upon ourselves
the burden of this reference, and having duly weighed and

452

Forms.

considered the matter of the formation (alteration or dissolu-
tion) of said Union School Section No. , and the several

allegations of the parties interested therein, and also the
proofs, vouchers, and documents which have been given in
evidence before us, do hereby make and publish this our
award, in writing, of and concerning the matter above referred
to us in manner following, that is to say : We award and
judge — {here follow the particulars of the finding and award).

(See subsections 4, 5, 6, 7, and 8 of said section 87.)

In witness whereof we have hereunto set our hands (and
seals) this day of , 1S9 — .

Signed and published (or signed,]

sealed, and published) 1-

in the presence of I

A. B.
CD.
X. Y.

[L.S.]
[L.S.]
[L.S.]

38. Notice of Equalized Assessment of Union School
Sections by the Township Assessors.

The undersigned Assessors of the Township of

— , as

authorized and required by the ninety-fifth section of The
Public Schools Act, hereby give notice to the Clerks of the
above said Townships that they have met and determined the
proportion of the annual requisition for school purposes of the

Public School Trustees of Union Section No. , of the said

Townships, which shall be levied upon and collected from the
taxable property of the respective Municipalities out of which
the Union School Section is formed. This proportion of
assessment, so fixed and determined by us, shall remain in
force for three years from the date of this notice.

Dated at this dav of , 18 — .

•i «.

ssessors as
iforesaid.

A. B.,
C. D., etc

To the Clerk of the Council, Township of .

An original copy of this notice, signed by the agreeing Assessors, shoukl he sent
forthwith to the Clerk of each of the Township Councils concerned.

Forms.

453

■ dissolu-
j several
also the
given in
this our
referred
•ard and
vard).

ids (and

[L.S.]
[L.S.]
[L.S.]

School

, as

of The
; of the
ined the
;s of the
the said
rom the
f which
rtion of
main in

essors as
iresaid.

1(1 be sent

37. NoTicii TO Quash By-Law, or to Si:t Asidh Award.

In the matter of By-Law No. of The Corporation of the

Township of , in the County of , intituled " A

P>y-Law for forming (altering or dissolving) School

Section , or School Sections , and {as the case

may be) in said Township."

[ (Or, if notice is to set aside Axcard:) In the matter of the Award
of A. B., C. D., and E. F., the Arbitrators appointed to
hear the appeal of {the Trustees, or five ratepayers, of the
section, or the Inspector or Inspectors) to the County Council

of the County of , against the formation (alteration

or dissolution) of School Section No. , in the Town-
ship of , or against the neglect, or, refusal, of the

Township or Townships of-

-to appoint Arbitrators

as provided by section 87 of The Public Schools Act, 1891
{as the case may be). ]

Notice is hereby given, in pursuance of section 96 of The
Public Schools Act, iSgi, that the undersigned will apply to

quash By-Law No. of The Corporation of the Township

of , above mentioned {or, to set aside the Award of

A. B., C. D., and E. F., above mentioned).

Dated at this day of , 18

To X. Y.,

Clerk of the Township of-

37. Declaration of Rlturning Officer

The Public Schools Act, iSgi.

Dominion of Canada : ^

Province of Ontario,
County of .

To Wit :

of-

In the matter of the Election of
Public School Trustees for

Ward , of the Citv (Town

or Village, as the case may be).

of , in the County of ,

the Returning Officer for {or person presiding at) Polling Sub-
division , in ;aid Ward, do solemnly declare that the poll

• ■
if;.

454

Forms.

•3

book attached hereto, and marked " A " as an exhibit to this
my declaration, has been correctly kept, and contains a true
record of the votes given at the said Pollin,^: Subdivision, for
which I was the Returning Officer ; and I make this solemn
declaration conscientiously believing it to be true, and knowing
that it is of the same force and effect as if made under oath
and by virtue of The Canada Evidence Act, 1893.

Declared before me at the'

of , in the

County of , this —

day , A.D. 189 — .

A Couiuihsioncr, etc.

38. Notice to Tnii Candidates for Election as School
Trustees in Cities, Etc.

, i8~.

Sir, — I hereby notify you that at the election of Public
School Trustees for this City [Town, etc.], the number of votes
polled for the respective Candidates for election was as
follows : —

Voles.

A. B

C. D

E. F., etc

G. H.,

Secretary-Treasurer of the School Board.

To A. B., Candidate, etc. .

The Secretary-Treasurer is required to aiUl up the votes polled for each Candi-
date and to notify hin> accordinj^ly, as above.

39. Notice of the Discontinuance of School Election

BY Ballot.

, 18—.

Sir, — The Board of Public School Trustees for the City
[Town or Incorporated \'illage] of hereby notifies the

Forms.

455

)it to this
ns a true
/ision, for
is solemn
1 knowing
ider oath

> School

-, i8— .

)f Public

r of votes

was as

ol Board.
iach Candi-

LECTION

, 18-.

the City
ifies the

Municipal Council of the City, [Town, etc.,] of that the

said Board has decided to discontinue the use of the ballot at
the election of the Public School Trustees for this City
[Town, etc.],

A. B.,
Secretary of the Public School Board.

To the Clerk of the Municipal Council of tiieCity, [Town, etc.,]
of .

This notice should be sent to the Clerk of the Council concerned on or before
the first day of October. See section 103, sub-section l, of 7/ie Public Schools Act.

40. Notice Requesting that School Election shall be
HELD ON Same Uav as Municipal Election.

, 18—.

Sir,— The Board of Public School Trustees [or Board of
Education] for the City [Town, Incorporated Villa^'e or Town-
ship] of hereby notifies the Municipal Council of the City

[Town, etc.,] that the said Board has passed a resolution
requesting that the next election of Trustees to such Board
shall take place on the same day as that on which the election
of Municipal Councillors takes place.

A. B.,
Secretary of the Board.
To the Clerk of the Council, Township [City, etc.,] of .

41. Annual Report of Trustees.

This form, which will be supplied by the Department of Education on ajiplica-
tion thereto, is too voluminous and complex for insertion in this book.

42. Summons for Maintenance in Industrial School.

In the Division Court of the County of .

Between

" The Public School Board,"

and Plaintiffs;

C. D.,

Defendant.

You, the above-named Defendant, are hereby summoned to

ji;'!'!

ri
J I'll

I Kii

456

Forms.

appear at the next sitting of this Court, to be holden at

in the County of on the day of , A.D.

i8g — , at the hour of ten o'clock in the forenoon, to answer
the allegation of the Plaintiffs, that you, the said C. D., are
liable for the expense of maintaining one E. D., a boy detained
in the Industrial School, under the charge of the above-named
Plaintiffs, in the of .

And, further, you are hereby required to take notice that

the Plaintiffs claim that you are able to pay the sum of $

per week towards the said expenses ; and that, if you do not
appear at the said time and place, such order will be made in
your absence as may seem just.

Dated this day of , A.D. 189 — .

By the Court.

X. Y., Clerk.

43. By-Law to Raise Money by the Issue of Debentures.

A By-Law to raise the sum of $ for the purpose

of and to authorize the issue of debentures therefor.

Whereas it is necessary to raise the sum of —

— dollars for

the purpose of [state in brief and general terms the object for which
the debt is to be created'] ; and, in order thereto, it will be necessary

to issue debentures of the Municipality of of for

the sum of dollars, payable as herein provided.

And whereas it will be requisite to raise annually during
the term of twenty [or as the case may be] years by special rate
for paying the said debt and interest the sum of dollars.

[ (Or, if the debt is payable by annual instalments, substitute the
following :)

And whereas it will be requisite to raise annually the
several sums in each year respectively set forth in the schedule
to this By-Law,]

And whereas the amount of the whole ratable property of

at-

— , A.D.

:o answer
Z. D., are
' detained
ve-named

)tice that

.f$

)u do not
2 made in

, Clerk.

ENTURES.

; purpose
refor.

ollars for
for which
lecessary
for

y during
cial rate
-dollars.

Uitnte the

ally the
schedule

)perty of

Forms.

457

the Municipality, according to the last revised {or revised and
equalized) assessment roll, amounts to dollars.

And whereas the existing debenture debt of this Munici-
pality amounts to dollars, and no principal or interest is

in arrears \or as the case may be].

Therefore the Municipal Council of the Corporation of
the of enacts as follows : —

1. It shall be lawful for the Mayor {or Reeve) of the said
Municipality, for the purposes aforesaid, to borrow the said
sum of dollars and to issue debentures of the said Muni-
cipality to the amount of , in sums of not less than one

hundred dollars each, payable at the end of twenty [or as the
case may be] years from the date on which this By-Law takes

effect, and to bear interest at a rate not exceeding per

cent, per annum, payable half-yearly, on the days of

and in each and every year during the currency of the

said debentures.

[ (If the debt is payable by annual instalments, substitute after the
words " one hundred dollars each ";j payable in the manner, for
the amounts, and at the times respectively set forth in the
schedule to this By-Law.]

2. The said debentures, as to principal and interest, shall be
payable at .

3. It shall be lawful for the Mayor {or Reeve) of the said
Municipality, and he is hereby authorized and instructed to sign
and issue the said debentures hereby authorized to be issued »
and to cause the same and the interest coupons attached
thereto to be signed by the Treasurer of the said Municipality ;
and the Clerk of the Municipality is hereby authorized and
instructed to attach the seal of the said Municipality to the
said debentures.

4. There shall be raised and levied annually by a special rate
on all the ratable property in the said Municipality the sum
of dollars for the payment of interest during the currency

til

458

Forms.

i pi?

0i\

of the said debentures, and also the sum of dollars for

the payment of the said debt.

[ (Or, if the debt is payable by annual instalments, substitute the
following :) There shall be raised and levied in each year, by
special rate on all the ratable property in the said Municipality,
a sum sufficient to discharge the several instalments of princi-
pal and interest accruing due on the said debt as the same
becomes respectively payable, according to the schedule to
this By-Law.]

5. This By-Law shall take effect on the day of ,

A.D. 189—.

6. The votes of the ratepayers of the said Municipality shall
be taken on this By-Law at the following times and places, that

is to say: on day the dav of next, at the

hour of nine o'clock in the forenoon, a d continuing until five
o'clock in the afternoon of the same day.

[Here insert the polling places and the name of the deputy return-
ing officers.']

7. On day the day of , 189 — , the Mayor

[or Reeve] shall attend at the Council Chambers at

o'clock in the noon to appoint persons to attend at the

various polling places and at the final summing up of the votes
by the Clerks respectively, on behalf of the persons interested
in and promoting or opposing the passing of this By-Law.

8. The Clerk of the Council of the said Municipality shall

attend at the in the of at- o'clock in

the noon of day the da;; ' ' — — , 189 — , and

sum up the number of votes given fci
Law.

.'.gainst this By-

Dated at the-

-of-

-this-

— day of , 189 — .

Mayor (or Reeve).
Clerk.

[L.S.]

Where the by-law provides for the payment of the debentures by instalments, insert
a schedule showing the amount payable in each year.

Forms.

459

hilars for

stitute the
year, by
licipality,
)f princi-
:he same
ledule to

of ,

lity shall
Lces, that
, at the
jntil five

ty return-

2 Mayor

d at the
he votes
iterested
-aw.

ity shall
lock in
9 — , and
this By-

I — .

[L.S.]

enfs, insert

44. School Dkhentlke.
Province of Ontario.

Debenture of the-

-of-

-in the County of-

No.

-, for

-hereby promises to
— , the sum of

School Loan.

The Corporation of the of

pay to bearer at the Bank of , at-

dollars, lawful money of Canada, ycar(s) from the date

hereof; and to pay interest at the rate of percent, per

annum, half-yearly, to the bearer of the annexed Coupons respec-
tively, upon the presentation thereof at the said Bank.

Issued at , this day of , 189 — , by virtue

and under the authority of The Public Schools Act, 1891, of

Ontario, and pursuant to By-Law No. of said

of , passed on the day of , A.D. iSg — ,

intituled, " A By-Law to raise by way of loan the sum of

dollars for the purpose therein mentioned " {or as the case may be).
A. B., Reeve or Mayor. C. D., Treasurer.

CO U TON No.-

The Corporation of the

l)earer at the Bank of , at-

day of , 189 — , the sum of —

on that day on I>ebenture No. .

-of-

-will pay the

— , on the

-dollars, interest due

C D., Treasurer.

45. Notice of Apportionment.

The apportionment of the Legislative Grant to the several municipalities is
based upon the latest returns of population in the previous year, and the division
between the Public and Separate Schools on the average attendance of that year, as
reported by the Inspectors, Public School Boards, and Separate School Trustees
respectively.

While the Separate Schools receive their portion of the grant direct from the
Department of Education, that of the Public Schools is paid, according to a

460

Forms.

list

«!■»•'

schedule, through the respective County, City, Town, and Village Treasurers, to
whom a copy of the schedule is sent. This constitutes the notice al)ove referreil to.
The County Councils are also notified th.it it is their duty to raise from the
several Townships in their counties a sum at least eciual to the amounts respectively
apportioned to e.ich county, and that all the supi>()rters of the Roman Catholic
.Separate Schools are exempt from any rate to he levied for this purpose.

46. Inspector's Warrant for thi: Payment of the

School Grant.

Inspector's Office, , 18 — .

To the Treasurer of the Township of .

Sir, — You are hereby authorized to pay to the order of the
Trustees of the several School Sections the sums set respec-
tively opposite the numbers of such section as per this schedule.

, Inspector.

No. of School
Section.

Amount.

Name of Trustees or
Secretary-Treasurer.

To be filled up by Treasurer.

Date of Payment.

To whom Paid

47. Agreement for Engagement of a Public School

Teacher.

Memorandum of Agreement made this-

•day of-

18 — . Between The Board of Public School Trustees for

School Section , in the Township of , in the County

of [or The Public School Board], hereinafter

called the " Board," of the first part; and of ,

the holder of a —

— Class Certificate of qualification as a
Public School Teacher in Ontario, hereinafter called the
" Teacher," of the second part.

The Board hereby employ the said Teacher in the schools
under their charge, and in such school or division of the same

Freasiirers, ti>
•e referred to.
aise from the
ts respectively
man Catholic
5e.

OF THE

-, IS-.

der of the
et respec-
; schedule.

nspcctor.

•y Treasurer.
To whom Paid

: School

of ,

jstees for
le County
ereinafter

lion as a
died the

e schools
the same

Forms.

461

as they may appoint, at the yearly salary of dollars, for

the term of one year, beginning on the day of , one

thousand eight hundred and , and ending on the

day of , one thousand eight hundred and ; and further

agree that they and thai, successors in office will pay such
salary to the said Teacher (at least quarterly), und will exercise
all powers and perform all duties under The Public Schools Act,
1891, and the Regulations of the Education Department, which
may be requisite for making such payment.

The Teacher agrees with the said Board to teach and con-
duct the said division or school assigned to him (or her) during
the '^^aid term, according to the said Law and Regulations in
that behalf [and the Regulations of the said Hoard from time
to time in force].

The foregoing is subject to the following conditions : — (i)
That the Teacher shall continue to be the holder of a legal
certificate of qualification as a Public School Teacher in
Ontario. (2) That holidays and vacations prescribed by the
Law and Regulations are excepted from the said term, (j)
That the days on which the Teacher has attended the meetings
of Teachers' Associations or Institutes, as certified by the
Inspector or Chairman thereof, shall be allowed him as if he
had actually taught in the said school ; and (4) That in case
of sickness, as certified by a registered medical practitioner, he
shall be entitled to receive his salary without deduction, for
such period as may be authorized under the Statute in that
behalf. (5) That the Regulations of the said Board for the
government of the schools under their charge, both as relates
to pupils and teachers, in force during the continuance hereof,
shall form part and parcel hereof as if embodied herein.

The Board and the Teacher may, at their option, respec-
tively terminate this engagement by giving notice in writing to

the other of them at least calendar months previously,

and so as to terminate on the last day of a calendar month [or
by giving notice as is provided in such cases under the said

'!.

•*3

Jute:

462 Forms.

Regulations relating to Teachers passed by the Board, as afore-
said].

This agreement shall also be construed to continue in force
from year to year, unless and until it is terminated by the
notice hereinbefore prescribed.

As witness the Corporate Seal of the said Board and the
hand and seal of the Teacher, on the day and year first above
mentioned.

! _ [Corporate

■ Trustees. ^^^^^^

Teacher. [Seal.]

In presence of

[In Duplicate.] One copy to be retained by the Trustees
and the other by the Teacher.

48. Trustees' Request to Inspector to Suspend the
Certificate of a Teacher.

, 18—.

Sir, — The Trustees of School Section No. , in the

Township of , hereby inform the Public School Inspector

that , a teacher holding a certificate of qualification

valid in this County, has wilfully neglected [or refused] to carry
out an agreement entered into with us as Trustees. We,
therefore, request you to suspend the certificate of such
teacher in terms of the one hundred and thirty-third section of
The Public Schools Act, 1891.

■ »■■<

To the Public School Inspector.

A. B.,\ Trustees of
C. D., \ School Section
E. F.,j No.—.

, as afore-

i in force
d by the

1 and the
irst above

[Corporate
Seal.]

[Seal.]
Trustees

'END THE

, i8— .

, in the
nspector
lification
] to carry
es. We,
of such
lection of

istees of
I Section
Vo.-.

Forms.

4^'J

49. NoTicii TO Trustees and Teach eu of the Suspension

OF Teacher's Certificate.

Public School Inspector's Office,

, 18-.

Sir, — By virtu'; of the authority vested in me by the one
hundred and forty-i")urth section of The Vuhlic Schools Act, I
hereby notify you thit I have suspended your certificate of

qualification [or the certificate of (jualification of ]

as a Public School Teacher in School Section No. , in the

Township of , and within my jurisdiction. My reasons

for doinfj so are as follows, namely ; — [lusert them].

A. B.,

Public School Inspector.

To C. D., Public School Teacher, a. id to the
Trustees of School Section No. .

50. Inspector's Notice to the Minister of Education of

the Suspension of a Teacher's Certificate.

Public School Inspector's Office,

-, 18-

SiR, — The undersigned, Inspector of Public Schools in the
of , hereby notifies the Honorable the Minister of

Education, that by virtue of the authority vested in him in
that behalf he has suspended the certificate of qualification
held by , a Public School Teacher within his juris-
diction, for the following reasons, namely : — [Insert them] .
The certificate suspended was issued by the late Chief Super-
intendent of Education [Council of Public Instruction, Educa-
tion Department, or the Minister of Education, as the case may

be], and is dated the of , 18 — . It is of the

class, grade .

A. B.,
To the Honorable

The Minister of Education.

Public School Inspector.

■:«va

464

Forms.

51. Notice to a Teacher of the Meeting of the County
Board of Examiners to Consider His Case.

Public School Inspector's Office,

-, 189—.

The Public School Inspector hereby notifies , a

school teacher, whose certificate of qualification was suspended

by him on the day of , 18 — , that a meeting of the

County Board of Examiners will be held at , on ,

the day of , 18 — , at o'clock in the noon,

to consider the suspension of such certificate.

To C. D.,

Public ScJtool Teacher.

A. B.,

Public School Inspector.

52. Requisition for County Examiner's Expenses.
To the Treasurer of the County of .

You will please pay to-

-, of , as required by

sub-section 3 of section 145 of The Public Schools Act, 1891,

the sum of $ , his incidental expenses incurred in the

Examination of Third-Class Teachers as per account herewith

[ (or) $ for fees and travelling expenses incurred by him

as Examiner in connection with the Examination of Third-
Class Teachers].

Dated at-

-the-

-day of-

-, 189—.

A. B.,

Chairman of Board of Examiners.

53. Inspector's Annual Report.

This form, which will be supplied by the Department of Education on applica-
tion thereto, is too voluminous and complex for insertion in this book.

; County

189—.

, a

luspended
\n^ of the

on ,

noon,

nspector.

Forms.

4^5

PENSES.

ui'red by

ct, i8gi,

ed in the

icrewith

d by him

of Third-

imtners.

n on applica-

54. Temporary Certificate Issued to a Teacher hy a
Public School Inspector.

This is to certify that I, , as Pul)Hc School

Inspector of the County of , havinjj received an apphca-

tion from the Trustees of School Section No. , desiring

that the services of [name in full] may

become legally available for such school, and, having obtained
the approval of the Minister of Education, do hereby grant
under the authority of The Public Schools Act, 1891, a certifi-
cate of qualification to the said to teach such school

until the next ensuing meeting of the Hoard of Examiners in
the month of , 18 — .

As witness mv hand at this in the presence

of .

A. B.,

Public School Inspector.

55. Notice to Parent or Guardian of Neglect to
Educate Child or Children. ,

Sir, — At the request of the Board of Public School Trustees
for [or the School Inspector, or Mr. , a rate-
payer], I hereby inform you that , your child [or children,

or , under your care or guardianship] has [or have] not

attended any school, or has [or have] not otherwise been under
efficient elementary instruction, as required by the second and
following sections of The Truancy Act. '

Before bringing this neglect on your part before the magis-
trate having jurisdiction in such cases, you are hereby notified
that it is your duty to have the child [or children] named to
attend some school, or send some explanation of the alleged
neglect as you may deem necessary and proper.
I am. Sir, your obedient servant.
To C. D., A. B.,

Parent [or Guardian] of . Truant Officer.

This notice may be given by personal delivery, by leaving the same at the
residence of the party concerned, by delivery to the agent of a company or corpora-
tion concerned, or by a letter by post, prepaid. See section 14 of TAe Trtiancy Act.

I C at i^^l'

'i::il

466

56.

Forms,

Form A.
(To be used under section 11 of The Truancy Act, 1891.)

Census of all children between the ages of eight and fourteen
in the (city, town, incorporated village or township), {as the case
may be) of .

Name of Child.

Age.

I'arent or C'lundian.

Residence.

57. Notice of Truant Children,

-, 18—.

Sir, — As required by section 12 of The Truancv Act, 1891,

the Board of School Trustees of hereby notifies you that

the following pupils enrolled on the register of its school have

not attended its school as required by the aforesaid Act,

namely : —

Age. Residence.

A. B

C. D., etc

The Trustees also desire to inform you — [Here give such
other infc/mation as the Truant Officer may require].

E. F.,

To G. H., Secretary-Treasurer of the School Board.

Truant Officer.

58. Agreement with Caretaker.

Memorandum of agreement made this day of ,

A.D. 189 — , between "The Public School Board," here-
inafter called the " Board," of the first part, and ,

of the of , in the County of , hereinafter

called the " Caretaker," of the second part.

■;■■!;;

d fourteen
{as the case

dence.

-, i8— .

Act, 1891,
s you that
phool have
ssaid Act,

give such

Board.

ot ,

rd," here-

creinafter

Forms.

467

The Board hereby employ the said Caretaker to take charge

of School, in the said of , at the yearly

salary of

the day

ninety-

dollars, for the term of one year, bej^inning on

of one thousand eight hundred and

and ending on the day of one thousand

eight hundred and ninety , said salary to be paid at the

times and in the amounts provided under the laws of the
Board hereinafter referred to for the payment of Caretakers.

The Caretaker covenants and agrees to and with the said
Board to perform the duties of the said office in a workman-
like and proper manner (and in accordance with and subject
to the By-Laws of the Board under the head of " Duties of
Caretakers," which are hereby made part and parcel of this
agreement as if embodied therein).

The Board and the Caretaker may, at their option, respec-
tively, terminate the engagement by giving the one to the
other one month's notice in writing to such effect, when this
agreement shall cease.

In witness whereof the Board have hereto affixed their
corporate seal, and the Caretaker his hand arui seal, the day
and year above written.

-day

Signed, sealed, and delivered
in the presence of I

59. Contract for Supplifs.

Articles of agreement made (in duplicate) this —

of one thousand eight hundred and ninety , between

, of the (Township, Village, Town, or City, as

the case may be), of- , in the County of , {occupation,)

hereinafter called the Contractor, of the first part; and "The

Board of Public School Trustees for School Section , of

the Township of , in the County of ," {or, "The

Public School Board," as the case may be,) hereinafter

called the " Board," of the second part.

ili

468

Forms.

Whereas the Committee on , of the said Board, having

called for tenders for the supplies for the said Board during the

year ending the day of , A.D. i8g — , according to

the specifications hereto annexed, the said Contractor did put
in the tender hereto annexed, marked " One," which said
tender was accepted so far as relates to the articles hereunder
written, that is to say : — {Insert here so much of said tender as is
accepted).

Now these presents witness that the said Contractor
covenants with the said Board to supply to the said Board all
or any of such articles mentioned above, or any portions or
quantity thereof, which may be required by the said Board, at
the rates mentioned in the said tender, and that the said
articles, and each of them, shall be of the best quality and in
strict accordance with the said specification, which is incor-
porated with and made part of this contract. And shall be
delivered by the said Contractor at such times and places, and
in such manner and quantities, as shall be directed by the
Secretary-Treasurer of the said Board. And the said Board
covenant with the said Contractor that if he shall duly and
properly execute and perform the said work to the satisfaction
of the said Secretary-Treasurer and the Board, and shall
observe and keep all the conditions and covenants herein
contained, they, the said Board, will pay for the articles so
supplied, at the rates mentioned in the said tender, such
payments to be made upon the certificate of the said Secretary-
Treasurer and the Chairman of the Committee aforesaid.

Provided that a drawback of-

-per cent, of the price of

the articles so supplied shall be retained by the said Board
until the completion of this contract ; and provided, also, that
if at any time the articles supplied under this contract, or any
of them, shall not, in the opinion of the said Secretary-
Treasurer or of the Committee, be suitable or satisfactory,
either in quantity or quality, or in the time or manner of
delivery, or in any respect whatever, the said Secretary-
Treasurer shall immediately give notice thereof to the Con-

Forms.

469

>ard, having
1 during the
:cording to
tor did put
which said
; hereunder
tender as is^

Contractor
i Board all
jortions or
I Board, at
t the said
Hty and in
h is incor-
d shall be
places, and
ed by the
laid Board
1 duly and
atisfaction
and shall
tits herein
articles so
ider, such
Secretary-
"esaid.

le price of
aid Board

also, that
let, or any
Secretary-
tisfactory,
nanner of
Secretary-

the Con-

tractor, and report the same with all convenient speed to the

Committee aforesaid, who may, at the expiration of days

from the giving of such notice, declare this contract forfeited,
and make new provision for the supply of the articles hereby
contracted for during the remainder of the term, and the
expenses occasioned by and incidental to the granting of such
new contract may be recovered from the said Contractor or
his sureties, as money paid at his or their request, and the
said Contractor shall also forfeit as liquidated damages any
money due hereunder then remaining in the hands of the said
Board. And it is also understood and agreed that the Board
shall not be liable for, and will not pay for. any articles
rejected or condemned by the said Secretary-Treasurer or

Committee, and will not pay any or other estimate unless

the articles so rejected have been promptly replaced by others,
to the satisfaction of the said Secretary-Treasurer.

In witness whereof the said Contractor has hereunto set his
hand and seal, and the said Board have hereunto affixed their
corporate seal, by , Esquire, Chairman, counter-
signed by , Esquire, Secretary-Treasurer, of the said

Board.

Signed, sealed, and delivered
in the presence of

Chairman.

Secretary -Treasurer.

60. Bond of Coxtractor.

Know all men by these presents that ., of the -

, in the County of , hereinafter called the

470

Forms.

Principal, and-

-, of the same place, and

ti»\

of the same place, severally held and firmly bound unto " The

Board of Public School Trustees for School Section , of

the Township of , in the County of ," {or, " The

Public School Board," as the case may be,) each in the

penal sum of dollars of lawful money of Canada, to be paid

to the said " The Board of Public School Trustees for School

Section , of the Township of , in the County

of ," {oy, " The Public School Board," as the case

maybe,) or to their certain attorneys, successors or assigns, for
which payment, well and truly to be made, we severally bind
ourselves, and each of us, our several and respective heirs,
executors, and administrators forever, firmly by these presents.

Sealed with our several seals. Dated this day of ,

in the year of our Lord one thousand eight hundred and
ninety .

Whereas, by the annexed written articles of agreement, the
said Principal having contracted with " The Board of Public

School Trustees for School Section , of the Township

of , in the County of ," {or, " The Public

School Board," as the case may be,) for the supply of certain
articles to the said Board at the prices and upon the terms
and conditions, and for the period in the said articles of
agreement more fully set forth, and having been required to
furnish satisfactory security for the fulfilment of the said
agreement, the said sureties have consented to become such
security, and to execute these presents.

Now the condition of this obligation is such, that if the
said Principal shall well, truly, and faithfully execute, com-
plete, and carry out the said contract, and all the terms and
conditions thereof for the period therein mentioned, to the

satisfaction of the , of the said " The Board of

Public School Trustees for School Section , of the Town-
ship of , in the County of ," (or, " The Public

School Board," as the case may be,) and shall indemnify and
keep indemnified the said "The Board of Pubhc School

nto

"The

on-

,of

{or, "The
ich in the
to be paid
for School
e County
as the case
ssigns, for
orally bind
tive heirs,
i presents.

^of ,

ndred and

2ment, the
of Public
Township

Public

of certain
the terms
irticles of
squired to
the said
ome such

lat if the
ute, coin-
x-vms and
id, to the
Board of
he Town-
- Public
mnify and
ic School

Forms. 471

Trustees for School Section , of the Township of- , in

the County of ," (or, "The Public School Hoard,"

as the case may be,) and all the officers, servants, and agents
thereof, from all and all manner of damage, loss, expense,
suits, claims, and demands arising out of any breach of the
said contract, or of any of the covenants or conditions therein
contained, then this obligation shall be void, else to remain in
full force.

And it is hereby declared and agreed that the above bounden
sureties shall be liable as principals, and nothing of any kind
or matter whatsoever that will not discharge the said Principal
shall operate as a discharge or release of liability to the said
sureties, or any or either of them, any law or usage relating to
the liabili<^'- of sureties to the contrary notwithstanding.

Signed, sealed, and delivered
in the presence of

61. Contract for School Buildings.

This agreement, made and entered into this-

, one thousand eight hundred and ninety —

, of the of , in the County of-

— day of

between

— , here-

inafter called the Contractor, of the first part ; and " The

Board of Public School Trustees for School Section , of the

Township of , in the County of ," [or, "The

Public i-'":hool Board " {as the case may be),'] hereinafter called
the " Board," of the second part.

Whereas the said Board, through their Committee on Sites

and Buildings, having advertised for tenders for on land

and premises of the Board, situated on \Jiere state location of
premises in the township, village, town, or city, as the case may be],
according to the specifications hereinafter referred to, the said
Contractor did put in the tender, hereto annexed, and marked
" One," for the said work, at the rates therein mentioned,
which said tender was accepted.

472

Forms,

Now these presents witness that the said party of the first
part, the Contractor, for the consideration hereinafter men-
tioned, does hereby for his heirs, executors, administrators,
and assigns, covenant, promise, and agree to and with the
said Board, their successors and assigns, in manner following,
that is to say : To well and sufficiently execute and perform
the whole of the work mentioned in such tender, and in the
specifications, plans and profiles relating thereto, (and which
specifications are numbered " Two," and the plans and profiles
identified by the signature of the said Contractor) in a true,
perfect, and thorough workmanlike manner, in strict accord-
ance with the said specifications, plans and profiles, which are
hereby made part of this contract as if imbodied herein [except
in so far as they may be inconsistent herewith, in which case
the provisions of this contract shall prevail] according to the
directions and to the satisfaction, and under the direction and
personal supervision of the Superintendent of Buildings of the
said Board, in charge of the said works, and to the satisfaction
of the said Board ; finding all proper and sufficient material,
tools, plant, labor, and workmanship necessary for the proper
execution of the same in the manner aforesaid. And that the
said works shall not be commenced until a written order there-
for has been signed by the said Superintendent of Buildings,
and shall be fully and satisfactorily completed as aforesaid, and

possession thereof given to the said Board on or before

unless a longer period shall be allowed therefor by resolution
of the said Committee on Sites and Buildings.

And the said Board for themselves and their successors
covenant with the said Contractor that if the said work and
every part thereof shall be duly and properly executed as afore-
said, according to the directions of the said Superintendent of
Buildings and to his satisfaction and that of the said Board,
and if the said Contractor shall strictly observe, keep and
perform all the terms, covenants and conditions of this con-
tract hereinafter contained, they, the said Board, will pay the
said Contractor therefor at the rates mentioned in the said

Forms.

473

irty of the first
Teinafter men-
administrators,
and with the
iner following,
e and perform
ler, and in the
o, (and which
ns and profiles
tor) in a true,
strict accord-
'iles, which are
herein [except
in which case
:ording to the
direction and
lildings of the
he satisfaction
:ient material,
or the proper
And that the
n order there-
of Buildings,
aforesaid, and

before

by resolution

ir successors
aid work and
ited as afore-
rintendent of

said Board,
e, keep and
of this con-
will pay the

in the said

tender (which are to include all extras except as hereinafter

provided), by payments, to be made during the progress

of the work, upon the certificate of the said Superintendent of
Buildings and the Chairman of the Committee aforesaid ; said
payments so to be made that when the work is comj^leted and
ready for the Board's acceptance, there shall remain in the
hands of the Board twenty per cent, of the contract sum.

Provided that no money shall become due or payable on this
contract until such certificate shall have been granted, and
that a drawback of ten per cent, of the amount appearing by
any certificate to be due shall be retained by the said Board
for thirty-one days from the date of the final certificate show-
ing the satisfactory completion of the said works. Provided
also that the Board shall not be liable to pay for any work
rejected or condemned by the said Superintendent of Buildings,
or to pay any money upon any certificate until the work so
rejected or condemned has been replaced by new material and
workmanship, to the satisfaction of the Superintendent of
Buildings, or to pay for any extras not included in the specifi-
cations, unless ordered in writing by the said Superintendent
of Buildings.

And it is further understood that in case of several con-
tractors being employed, the work of no trade is to be con-
sidered complete till all the other contracts are also completed.

Provided that in respect of the said payments, a progress
certificate shall be obtained from and signed by the said
Superintendent of Buildings, that he considers the payment
properly due, said certificate, however, in no way lessening the
total and final responsibility of the Contractor, neither shall
it exempt the Contractor from liability to replace work if it
be afterwards discovered to have been badly done, or not
according to the drawings and specifications, either in
execution or materials.

It is hereby further agreed by and between the said parties
as follows, that is to say : —
'■• 1st. The said Contractor to indemnify and keep indemni-

474

Forms.

fled the said Board, and the officers, servants, and agents
thereof, from all and all manner of loss, damage or injury,
suits, claims, liens and demands on account of the said works,
or incurred by rea?on or in consequence of the execution there-
of, or the supply of material therefor. And to pay to the said
Board on demand any expenses sustained by them in con-
sequence of such suits or claims, or any money paid by them
in settlement thereof or in discharge of any lien upon the said
works which may be registered under the provisions of the
statutes in that behalf; or that the amounts so paid or payable
by the said Board may be deducted by them from any moneys
of the said Contractor then remaining in their hands, or may
be recovered from the said Contractor or his sureties as money
paid at his or their request. And the said Contractor doth
hereby authorize and empower the said Board or their solicitor
for the time being to settle or defend any of such claims or
suits as the said Board or solicitor may deem expedient, hereby
agreeing to ratify and confirm the acts of the said Board or
their solicitor in that behalf, and to pay to the said solicitor on
demand their reasonable cost of defending such suits as they
may deem it expedient to defend.

2nd. The said Contractor to pay to the said Board on demand

the sum of dollars per day for every day's delay beyond

the day above named for the completion of any of the said
works to the satisfaction of the said Superintendent of Build-
ings, or that the same may be deducted from the amount due
to the said Contractor on this or any other contract, or
recovered as liquidated damages from the said Contractor or
his sureties.

3rd. That all differences that may arise in the carrying out of
this contract shall be referred to the award, order, arbitrament,
final end and determination of the Superintendent of Buildings,
in charge of the said work, so as the said Arbitrator shall
make and publish his award in writing of and concerning such
differences within the space of fifteen days after he shall have
been requested in writing by either party to decide concerning

FOKMS.

475

nd agents
or injury,
lid works,
tion tliere-

the said
n in con-

1 by them
n the said
ns of the
jr payable
ly moneys
Is, or may

as money
ctor doth
r soHcitor
claims or
nt, hereby
Board or
)licitor on
s as they

1 demand
y beyond
the said
of Build-
ount due
itract, or
ractor or

ng out of
trament,
uildings,
tor shall
ing such
lall have
ncerning

the matter in difference, and that each of the said parties
hereto shall obey, perform, observe, fulfil, and keep the award
of such Arbitrator so as to be made as aforesaid, and shall not
nor will do any act, matter, or thing to delay, hinder, or pre-
vent the said Arbitrator from making his award, and that this
submission and reference may be made a Rule of Court.

4th. In case the works are not cairied on with such expedi-
tion and with such materials and workmanship as the Super-
intendent of Buildings may deem proper, then, with the special
and written consent of the Committee on Sites and Buildings,
the Superintendent of Buildings shall be at liberty to give the
Contractor two days' notice in writing to supply such
additional force or material as in the opinion of the said
Superintendent of Buildings is necessary, and the Contractor
failing to supply the same, it shall then be lawful for the said
Committee to dismiss the said Contractor and to employ
other persons to finish the work ; and all payments made on
account thereof to such other persons shall be deemed pay-
ments on account of the contract, but without prejudice to the
right to recover from the said Contractor any money in excess
of the contract price, which may be paid for so finishing the
works, or any other damage caused by breach of this contract.
But if any balance on the amount of this contract remains
after completion, in respect of work done during the time of

the defaulting Contractor, the same shall belong to or

the person legally representing .

5th. And the said Contractor, upon receiving notice that
the contract has been so declared forfeited, will forthwith
give peaceable possession of the said works to the said
Board, and that the costs and expense occasioned by and
incidental to the making of such new arrangements for the
completion of the said work maybe deducted from any monejs
of the said Contractor in the hands of the said l^oard,
or recovered from the said Contractor or his sureties as
money paid at his or their request ; and that the said Con-

476

Forms.

tractor shall also forfeit to the said Hoard any money due or
to become due under this or any otiier contract.

6th. If required, a certificate shall, in each case, be obtained

by the Contractor from the proper Registrar of the of

, and from any other office, where Mechanics' liens

or cautions may be recorded, sij^ncid by said Kej^istrar, Master
of Titles, or other officer, that he has examined the records
and finds no Mechanics' liens, cautions or claims recorded
against the land of the proprietors, on account of the said
Contractor; and thereupon, and on or before the expiration of
said thirty-one days after the completion of the said works,
a final certificate shall be obtained from and signed by the
said architect, certifying to the balance due to the Contractor
on the said contract, and for all extras in respect thereof.
But if such final certificate shall be refused by said architect
fraudulently or in collusion with the said Board, the said Con-
tractor shall, nevertheless, after the expiration of the said
thirty-one days, be entitled to proceed at law to enforce pay-
ment of the balance due to him under the said contract, and
for all extra works in respect thereof, and the production of a
final certificate shall not in that case be a condition precedent
to the right of the said Contractor to recover the amount iustly
due and owing to him, and such balance and the amount due
in respect of extras shall be recovered, if justly due, without
the necessity for the production in evidence of any final certifi-
cate, if refused for any of the causes aforesaid, and the right of
action hereby given shall not be controlled by the arbitration
clause hereinafter set forth.

7th. The Contractor, at his own proper cost and charges,
is to provide all manner of labor, material, apparatus, scaffold-
ing, utensils and cartage of every description, needful for the
due performance of the several works, and render all due and
sufificient facilities to the Superintendent of Buildings and the
Clerk of the Works for the proper inspection of the work and
materials which are to be under their control ; and the Super-
intendent may require the Contractor to dismiss any workman

Forms.

477

cy clue or

obtained

e of

ics' liens
r, Master
i records
recorded

the said
iration of
d works,
J by the
jntractor

thereof,
architect
aid Con-
the said
)rce pay-
act, and
tion of a
recedent
nt justly
unt due
without

certifi-
right of
itration

harges,
caffold-
for the
lue and
nd the
)rk and
Super-
)rkman

or workmen who may be incompetent, uncivil or abusive, the
workmen and Contractor being only admitted to the ground
for the purpose of the proper execution of the works ; and the
Contractor shall and will during the whole time of building

give due personal attendance, either by or by a competent

foreman for each trade as may be required upon the execution
of all the works aforesaid, and take effectual care that the same
be carried on, executed, and performed with such expedition
and despatch so as to be in every respect completed by the day
provided for the completion thereof, subject only to such pro-
vision for an extension of time as is herein provided. The
Contractor shall deliver up the works to the Ht)ard in perfect
repair, clean and in good condition, when complete. The
Contractor shall not sub-let the works, or any part thereof,
without the consent, in writing, of the Sites and Buildings
Committee.

8th. Should the said Committee at any time during the
progress of the said works require any alterations of, or
deviations or omissions from, or additions to the said plans and
specifications, the Superintendent of Buildings, with the written
consent, in every case, of the said Committee, shall have the
right and power to make such change or changes, and the same
shall in no wise affect or make void the con'^-'-^t, but the value
of work omitted shall be deducted from the i unt of contract
by a fair and reasonable valuation, and as to any additional
work required in alterations the amount to be paid therefor
shall be agreed upon in writing before commencing such
additions, and such agreement shall state also the extension of
time (if any) which is to be granted by reason thereof ; pro-
vided that in estimating the value of such alterations or
additions regard shall be had to any loss, outlay, or damage
necessarily and reasonably sustained by the Contractor in the
preparations to comply with the original drawings and speci-
fications.

9th. In event of the Contractor at any time during the
progress of the work delivering any material at the works not

47«

FOKMS.

in strict accorclance with tin: provisions of tlic sj^L'cificntirJns as
rcf^ards (]ualit}' or otlicrwisr, the Superintendent of liuil(iin>,'S
shall be at liberty to order the removal of such objec tionable
material forthwith by the Contractor or his agent ; and in
the event of the Contractor or his af,'ent refusing,' or ne<,'lect-
inf,' to comply with any order so given, the said Superin-
tendent of Huildings shall cause such objectionable material
to be removed at the expense of the Contractor, and give
orders on the Hoard, as occasion may require, for the cost of
and incidental to su i removal, and the amount of all such
orders so given shall be deducted from any moneys due or to
accrue due to the Contractor, or may be recovered by action
by the said Hoard from the Contractor or his sureties in any
Court of competent jurisdiction.

loth. All figured or written dimensions on drawings or
specifications to supersede the measurement by scale.

nth. The Hoard will not in any manner be answerable or
accountable for any loss or damage by fire or otherwise that
shall or may happen to the said works, or any part or parts
thereof, respectively, or for any of the materials or other things
used and employed in finishing and completing the said works,
or for injury to any person or persons, either workmen or the
public, or for damage to adjoining property from any cause
which might have been prevented by the (Contractor or his
workmen, or any one employed by him, against all which
injuries and damages to persons or property the Contractor
having control over such work must properly guard and make
good all damage from whatever cause, whether by fire or
otherwise, and be strictly responsible for the same.

1 2th. The Board may insure the building from time to time
during the course of erection.

13th. All work and material, as delivered on the premises to
form part of the works, are to be considered the property of
the Board, and are not to be removed without their consent ;
but the Contractor shall have the right to remove all surplus
material after he has completed the works herein contracted for.

I'"()KMS.

■\79

lations as
l^uildings
ctionable
; and in

nefjlect-
Suj)eriii-

material
and f,Mve
e cost of
f all such
lie or to
)y action
s in any

vings or

irablc or
vise that
or parts
r things
d works,
I or the
ly cause
r or his
I which
ntractor
d make
fire or

to time

nises to
3erty of
)nsent ';
surplus
ted for.

14th. Should any work bu dclajcd beyond the tinir im;n-
tioiic'd in this agreement, by reasoji of the inclemency of the
weather, or by reason of general strikes of a particular trade,
the Superintendent of Hiiildings shall have full power, with
the written consent in such case of the Cominittet-, to extend
the time for the completion of the works, making a just and
reasonable extension for that purpose.

15th. All drawings and specilicati(Mis in j)ofsession of the
Contractor sliall be returned to the Superintendent of Build-
ings by the Contractor before the final certificate is issued.

i6th. And it is further agreed that, in every case herein-
before mentioned, time shall be the essence of this contract.

17th. Provided always, and it is further covenanted between
the parties hereto, that if from any cause whatsoever the said
Contractor shall make default or shall abandon the contract
entered into by these presents, or depart this Province before
the same is completed, being indebted to the agents, workmen,
or laborers employed by him for work done under this con-
tract, or if upon the completioa thereof by the said Contractor
shall be so indebted to such agent, workmen, or laborers, it
shall and may be lawful for the said Board, and they are hereby
expressly authori;red by the said Contractor, out of any money
or moneys that ma}' be in their hands coming to the said Con-
tractor, under this contract, to pay such agents, workmen and
laborers on account of such indebtedness an amount equal to
one fortnight's wages, provided so much shall be owing to them
as aforesaid, and the receipt or receipts of such agents, work-
men, or laborers, for the said fortnight's wages, or so much
thereunder as shall have been so due as aforesaid, shall be a
good and valid discharge and discharges of and for so much
money due to the said Contractor under these presents.

In witness whereof the said parties to these presents have
hereunto set their hands and seals the day and year first above

written, that is to say, the said party of the first part

proper hand and seal, and the said parties of the second part

48o

Forms.

their corporate seal, by , Esquire, Chairman,

countersigned by , Secretary-Treasurer, of the said

Board.

Signed, sealed, and delivered
in presence of

62. Bond of Contractor.

-, of the

Know all men by these presents that we-

, in the County of , hereinafter called the Principal

, and , of the same place, and , of the same

place, hereinafter called the sureties, are severally held and
firmly bound unto " The Board of Public School Trustees for

School Section , of the Township of , in the County

of ," [or, " The Public School 13oard " (as the case

may be),^ each in the penal sum of dollars of lawful money

of Canada, to be paid to the said "The Board of Public

School Trustees for School Section , of the Township

of , in the County of ," [or, " The Public

School Board " {as the case may be),] or to their certain
attornej', successors or assigns, for which payment, well and
truly to be made, we jointly and severally bind ourselves, our
and each of our several and respective heirs, executors and
administrators, and every one of them forever, firmly by these
presents. Sealed with our several and respective seals.

Dated this day of , in the year of our Lord one

thousand eight hundred and ninety .

Whereas, by certain articles of agreement, bearing even
date with the above obligation, the above bounden Principal
having contracted and agreed with the above named, " The

Board of Public School Trustees for School Section , of

the Township of , in the County of ," [or, "The

Public School Board" {as the case may be),] to in

the said articles of agreement, and in the plans and specifi-
cations belonging thereto, more particularly mentioned and

Forms.

481

Chairman,
the said

— , of the

Principal

the same

held and

Listees for

e County

as the case

ful money

of Public

Township

—Public

: certain

well and

elves, our

itors and

by these

Is.

^ord one

mg even
Principal
d, "The

m , of

^r, "The

specifi-
)ned and

described, at the prices and upon the terms and conditions in
the said articles of agreement and specifications more fully set
forth, and, having bt;en required to furnish good and sufficient
security for the due and proper fulfilment of the said agree-
ment, the above bounden sureties have consented to become
such security, and to execute these presents.

Now the condition of the above obligation is such, that if
the above bounden Principal shall, well and truly, faithfully in
all respects perform, execute, and carry out the said contract
and all the terms and conditions thereof to the satisfaction of
the Superintendent of Buildings in charge, and of the said

•' The Board of Public School Trustees for School Section ,

of the Township of , in the County of ," [or, " The

Public School Board " (as the case may be),] and shall

indemnify and keep indemnified the said " The Board of
Public School Trustees for School Section , of the Town-
ship of , in the County of ," [or, " The Public

School Board " {as the case may he),] and all the officers,
servants and agents thereof, from all and all manner of loss,
damage, expense, suits, claims, liens and demands arising out
of the said contract, or incurred by reason of the execution of
the said works, or the supply of material therefor, according
to the terms of the said contract, then this obligation to be
null and void, otherwise to remain in full force and virtue.

And it is hereby declared and agreed that the above bounden
sureties shall be liable as principals, and nothing of any kind
or matter whatsoever that will not discharge the said Principal
shall operate as a discharge or release of liability to us, the
said sureties, or any or either of us, any law or usage relating
to the liability of sureties to the contrary notwithstanding.

Signed, sealed, and delivered
in presence of

3«

BY- LAWS.

PROCEEDINGS AT THE INAUGURAL MEETING.

1. The Inaugural Meeting of the Board shall be held on
the third Wednesday in January at the hour of seven o'clock
in the afternoon, or at such other hour on the same day as
may have been fixed by resolution of the former Board, at
the usual place of meeting of the Board. The Secretary of
the Board shall preside at the election of Chairman, and read
the returns of elections to the Board as certified to him by
the City {or Town) Clerk.

2. The Board shall then proceed to elect a Chairman.
The vote shall be by ballot, without nominations {or, as the
case may be). A majority of the votes cast shall be necessary
to an election, and, in case of an equality of votes, the member
who is assessed as a ratepayer for the largest sum on the last
revised assessment roll shall have a second or casting vote in
addition to his or her vote as a member.

3. Immediately following the election of Chairman the
Board shall adjourn for a short time, and the senior members
present shall be a Special Committee to meet at once for the
purpose of striking the Standing Committees. The Board
resuming, the report of the Special Committee shall be
presented. The Standing Committees shall be constit'i+ed as
follows : —

(i) Finance — the Chairmen of the Standing Com-
mittees and three other members.

(2) Management — two members from each ward.

By-Laws.

483

i held on
m o'clock
ne day as
Board, at
cretary of
and read
o him by

fhairman.
{or, as the
necessary
member
the last
vote in

man the
members
for the
le Board
shall be
it'ited as

g Com-
d.

(3) Property — two members from each ward.

(4) Supply — six members.

(5) Night School — six members.

4. Immediately following the adjournment of the Board the
Chairman of the Board shall call each of the Standing Com-
mittees to order, and each Committee shall then appoint a
Chairman for the ensuing year.

5. The Chairman of the Board shall be ex officio a member
of all Committees.

II.

OFFICERS OF THE BOARD.

The officers of the Board shall consist of a Chairman and
the following salaried officials : — Two Inspectors, Secretary-
Treasurer, Superintendent of Buildings, and Solicitor, who
shall hold office during pleasure.

III.

MEETINGS OF THE BOARD.

1. Regular meetings of the Board shall be held on the first
and third Thursday of each month, commencing at 7.45
o'clock P.M., unless otherwise ordered by special motion, or
unless such Thursday shall fall on a statutory or civic holiday,
in which case the Board shall meet on the evening of the
following day at the same hour.

2. Unless there shall be a quorum present within one-quarter
of an hour after the time appointed for the meeting of the
Board, it shall stand adjourned until the next day of meeting ;
and the Secretary shall record the names of the members
present at the expiration of such quarter-hour.

3. The Board shall not remain in session later than 11
o'clock P.M., unless it is otherwise determined by a two-thirds
vote of the members present.

4. Special meetings of the Board may be called by the

484

By-Laws.

Chairman on his own responsibihty at any time, and it shall
be his duty, or, in his absence, the duty of the Secretary, to
convene such special meetings whenever requested to do so by
a written requisition, signed by members of the Board.

IV.

RULES OF ORDER.

1. A majority of the members of the Board, when present
at any meeting, shall constitute a quorum, and the vote of the
majority of such quorum shall be necessary to bind the Board.

2. At the hour of meeting the Chairman shall take the
chair, and the members shall be called to order.

3. In case the Chairman shall not be in attendance, the
Secretary shall call the meeting to order until a chairman
shall be chosen, who shall preside until the arrival of the
Chairman.

4. In the absence of the Chairman, any person appointed
to act as chairman by the majority of those present shall
preside, and the Chairman or person so acting may vote with
the other members on all questions, and any question on
which there is an equality of votes shall be deemed to be
negatived.

5. When the Chairman is called on to decide a point of
order or practice, he shall state the rule applicable to the case,
without argument or comment.

6. The ruling of the Chairman shall be subject to an appeal
to the Board without debate.

7. Upon a division of the Board, the names of those who vote
for and of those who vote against the question shall be entered
upon the Minutes when any member demands the yeas and
nays before the vote shall have been taken.

8. If the Chairman desires to leave the chair for the purpose
of taking part in the debate, or for any other purpose, he shall

By-Laws.

485

nd it shall
icretary, to
:o do so by
le Board.

en present
vote of the
the Board.

1 take the

idance, the
, chairman
val of the

appointed

psent shall

vote with

uestion on

rned to be

a point of
o the case,

) an appeal

e who vote
be entered
3 yeas and

he purpose
e, he shall

call one of the members to fill his place until he resumes the
chair.

g. Any member desiring to speak must rise in his or her
place, and, standing uncovered, address the Chairman. The
latter, on being addressed, shall call the member by name, and
such member may then, but not before, proceed to address the
Board.

10. No member while speaking shall be interrupted by
another, except upon a point of order, or for the purpose of
explanation. The member so interrupting shall confine him-
self strictly to the point of order or the explanation.

11. Any member called to order from the chair shall sit
down, but may afterwards explain, and the Board, if appealed
to, shall decide the case, but without debate ; if there be no
appeal, the decision of the Chairman shall be final.

12. No member shall speak longer than a quarter of an hour
on the same subject without leave of the Board, nor shall any
member, except in explanation, speak more than once upon
any question or motion ; but the mover shall be allowed to
reply.

13. Any member of the Board may require the question
under discussion to be read at any part of the debate, but not
so as to interrupt a speaker.

14. Notice in writing shall be given of all motions for intro-
ducing new matter, other than matters of privilege and petitions,
at a meeting previous to that at which it comes up for discus-
sion, unless such notice be dispensed with by a two-thirds vote
of the members present.

15. Any matter, when once decided by the Board, shall not
be reintroduced during the year, unless by a two-thirds vote of
the members then present.

16. No matter shall be entertained and considered by the
Board until it has been referred to the Committee having proper

486

By-Laws.

cognizance of the same, and until such Committee has reported
thereon, unless by a two-thirds vote of the members present.

17. A motion must be put in writing, and seconded, before
it is stated by the Chairman, and then it shall be disposed of
only by a vote of the Board, unless the mover, by permission
of the Board, withdraws it.

18. Any member who has given notice of a motion may
withdraw the same with the unanimous leave of the Board, or,
in like manner, it may be allowed to stand.

19. No member of the Board shall have more than one vote
jn any question, whether in Committee of the Whole, or any
other Committee.

.:o. Thi" Order of Business shall be as follows : —

(i) Calling Roll and Noting Members Absent.

(2) Prayer.

(3) Reading the Minutes.

(4) Reading Communications, Petitions, etc., to the

Board.

(5) Reports of Standing and Special Committees, and

of the Inspectors.

(6) Enquiries.

(7) Notices of Motion.

(8) Consideration of Reports.

(9) Unfinished Business from Previous Meetings.

(10) Motions.

(11) General Business.

No variation in the foregoing Order of Business shall be
permitted, unless by a two-thirds vote of the members present,
which shall be taken without debate.

By-Laws.

487

s reported
s present.

ed, before
isposed of
)ermission

)tion may
Board, or,

1 one vote
le, or any

;., to the
tees, and

gs.

shall be
) present,

21. When a question is under debate, no motion shall be
received except : —

(i) To adjourn.

(2) The previous question.

(3) To lay on the table.

(4) To postpone.

(5) To commit.

(6) To amend.

A motion to adjourn, for the previous question, or to lay on
the table, shall be put without debate.

22. A motion to adjourn shall always be in order, but no
second motion to the same effect shall be made until some
business shall have intervened.

23. A motion for commitment, until it is decided, shall
preclude all amendments of the main question.

24. The previous question, until it is decided, shall preclude
all amendments of the main question, and shall be put without
debate in the following words : " Shall this question be now
put ? " and if the motion be carried the original question shall
be put forthwith, without any amendment or debate.

25. All amendments shall be put in the reverse order in
which they are moved, except in filling up blanks, when the
longest time and the largest sum shall be put first ; and every
amendment submitted shall be in writing, and be decided upon,
or withdrawn, before the main question is put to the vote.
Only one amendment shall be allowed to an amendment, and
any amendment more than one must be to the main question.

26. In all motions for the appointment of any member of the
Board, or of any other person, to any office other than that of
Chairman, the names of all candidates shall be submitted
before any vote is taken, and the candidates shall be voted on
separately in the order in which they are proposed.

488

By-Laws.

27. When the question under consideration contains distinct
propositions, the vote upon each proposition shall be taken
separately, upon the request of any member.

28. No member shall speak to the question after it is finally
put by the Chairman, nor shall any other motion be made until
after the result is declared ; and the decision of the Chairman
as to whether the question has been finally put shall be
conclusive.

29. Whenever the Chairman is of opinion that a motion
offered to the Board is contrary to the rules and privileges
thereof, he shall apprise the members immediately before
putting the question thereon, and quote the rule or authority
applicable to the case, without argument or comment.

30. A report from the Committee of the Whole may be
amended by a majority of the Board, before its adoption, with-
out going back into Committee of the Whole for that purpose.

31. Whenever the Chairman shall adjourn the Board for
want of a quorum, the time of adjournment, and the names of
the members then present, shall be recorded in the Minutes.

32. When the Board shall determine to go into Committee
of the Whole, the Chairman shall name, in alphabetical order,
the member who shall take the chair.

33. The member introducing a petition or motion upon any
subject which may be referred to a Special Committee shall
be one of the Committee without being named by the Board,
and be the Chairman thereof. Any member of the Board may
be placed upon a committee.

34. All petitions or communications on any subject within
the cognizance of a Standing Committee shall, on presenta-
tion, be referred by the Chairman to the proper committee
without any motion ; but it shall be competent for the Board,
by a two-thirds vote, to enter upon the immediate considera-
tion thereof.

35. The rules of parliamentary practice not inconsistent with

US distinct
be taken

t is finally

nade until

Chairman

shall be

a motion
privileges
ly before
authority
t.

; may be
ion, with-
: purpose.

Board for
names of
[inutes.

jmmittee
al order,

ipon any
tee shall
3 Board,
jard may

:t within
)resenta-
mmittee
Board,
>nsidera-

entwith

By-Laws.

489

these rules shall govern the Board in all cases to which they
are applicable.

COMMITTEES.

1. The rules of the Board shall be observed in Committee of
the Whole, except the rules respecting the yeas and nays, and
limiting the number of times of speaking; and no motion for
the previous question, or for an adjournment, can be received;
but a member may at any time move that the Chairman leave
the chair, or report progress, or ask leave to sit again ; and all
original motions shall be put in the order in which they are
proposed, and shall not require to be seconded.

2. On motion in Committee to rise and report, the question
shall be decided without debate.

3. Committees appointed to report on any subject referred
to them by the Board shall report a statement of facts, and
also their opinion thereon in writing ; and it shall be the duty
of the Chairman, or acting Chairman, to sign and present the
report.

4. A minority of any Committee may have a Minority Report
presented by the Chairman of the Committee in the same
manner as the Majority Report is presented.

5. Committees shall have power, in cases of emergency, to
spend an amount not exceeding fifty dollars, but no Committee
shall enter into any contract or agreement involving the pay-
ment of money to an amount exceeding fifty dollars until such
contract or agreement has been approved of by the Board.

6. No Committee shall exceed the appropriation made to
such Committee for any purpose, nor shall a Committee, with-
out the approval of the Finance Committee and of the Board,
expend money appropriated to any one purpose on any other
work or service.

7. The Secretary shall produce to the respective Committees
all documents referred to such Committees.

490

By-Laws.

8. Reports of all Standing Committees shall be printed
before presentation to the Board, and shall contain the names
of the members of such Committees present at the meetings at
which such reports were adopted ; and if at any time a meeting
of any of the Committees shall be called, but at the time
appointed a quorum is not present, the Chairman, or, in his
absence, the Secretary, shall report the fact to the Board at the
next meeting, giving the names of the members present.

9. A majority of the members appointed to compose any
Standing or Special Committee, exclusive of any ex officio
member, shall be a quorum, competent to transact business.

10. Special meetings of a Standing Committee may be called
by the Chairman thereof whenever he shall consider it neces-
sary to do so ; and it shall be the duty of the Chairman, or, in
his absence, of the Secretary, to summon a special meeting of
a Committee whenever requested in writing to do so by a
majority of the members thereof.

11. The business of the respective Standing and Special
Committees shall be conducted under the following regula-
tions : —

(i) The Rules of the Board, as far as may be applicable,
shall be observed.

(2) No motion shall be required to be seconded.

(3) No motion for the previous question shall be

allowed.

(4) The number of times of speaking on any question

shall not be limited.

(5) The Chairman shall preside at every meeting, and

vote on all questions submitted.

(6) Any question on which there is an equality of votes

shall be deemed to be negatived.

(7) In the absence of the Chairman, one of the other

members shall be elected to preside, and shall
discharge the duties of the Chairman for the
meeting, or until the arrival of the Chairman.

By-Laws.

491

•e printed
the names
leetings at
a meeting
the time
or, in his
lard at the
ent.

ipose any
' ex officio
usiness.

r be called
: it neces-
lan, or, in
leeting of
) so by a

i Special
g regula-

pplicable,

shall be

question

ting, and

r of votes

he other
ind shall
I for the
rman.

(8) The Chairman shall sign all such orders and docu-

ments as the Committee may properly order.

(9) The minutes of all transactions of every Committee

shall be accurately entered in a book provided
for that purpose, and at each meeting the minutes
of the preceding meeting shall be submitted
for confirmation or amendment, and after they
have received the approval of a majority of the
members present they shall be signed by the
Chairman.

(10) Each minute so recorded shall have attached to it

a progressive number for reference, and an
analytical index shall be kept for each minute
book.

(11) When a division takes place on any question, the

votes of the members shall be recorded if required
by one of the members.

(12) No order or authority shall be recognized as emana-

ting from any Committee unless it is in writing,
signed by the Chairman or acting Chairman, or
Secretary, and refers to the minute of the Com-
mittee under which it is issued.

12. In case any contract, order, engagement, report, recom-
mendation, instruction, nomination, claim, account, or pro-
ceeding of any Committee shall be objected to by the Finance
Committee on any of the grounds set forth in Section 6,
Article VI., of these By-Laws, ar.u ihe same is appealed
against by any member of the Board, the subject so appealed
shall only be adopted or passed by the Board upon a two-
thirds vote of the Board being recorded in favor thereof.

13. All reports of Committees involving the expenditure of
money shall be submitted to the Finance Committee before
presentation to the Board. The minutes of proceedings and

492

By-Laws.

ihl

reports of Committees shall be furnished to the Finance
Committee from time to time, if required by the Finance
Committee. A summarized statement of all expenditures
made and estimated, and ascertained liabilit' " incurred during
the previous month, shall be furnished b .h other Com-
mittee to the Finance Committee up to the end of the last day
of the month, and at most not later than the fifth day of
every month thereafter, in the form or to the effect of Schedule
A. (See page 508.)

VI.

FINANCE COMMITTEE.

The Finance Committee shall : —

1. Have the supervision of all the fiscal concerns of the
Board, and report the condition of the various funds.

2. Prepare a detailed statement of the c^ lates of money
necessary to be raised by the City {or Tov ouncil for the
support of the schools, and report the same for the action of
the Board not later than the first regular meeting in April.

3. Examine all accounts presented to the Board, and con-
sider and report on all matters referred for report.

4. Audit bills and accounts when countersigned by the
Chairman of the Committee having such bills or accounts in
charge.

5. Insure school property and report the same to the Board.

6. Have power to report against any contract, order, engage-
ment, report, recommendation, instruction, nomination, claim,
account, or proceeding involving the expenditure of money, in
case the same shall : —

(a) Not comply with the Law, or with the By-Laws or

Regulations of the Board ;

(b) Exceed the appropriation made to the Committee

reporting ;

By-Laws.

493

I Finance
Finance
)enditures
ed during
her Com-
e last day
:h day of
Schedule

IS of the

)f money
il for the
action of
April.

and con-
by the
ounts in

2 Board.

, engage-
n, claim,
loney, in

Laws or
mmittee

{d) Require the expenditure of money bcj'ond the Esti-
mates for the year for any work or service ;

(e) When an instruction contemplating an expenditure
of the funds of the Board shall have been given
to the Committee by a majority of less than two-
thirds of the members then present and voting.

7. Forbid the signing or delivery of any cheques, or of any
security, or the payment of any money, if deemed expedient so
to do, until the matter be further considered, or be referred to
the Board.

8. Have the supervision of the Treasurer and officers in his
department ; of the h loks, accounts, documents, vouchers,
money, debentures, and securities of the Board; see that all
duties and services which ought to be performed by the Treas-
urer, and officers in his department, are performed, and advise
the Treasurer, when required, in all matters pertaining to his
office.

g. Regulate all matters connected with the receipt and pay-
ment of money; order the adoption of such regulations in
connection therewith as may be deemed necessary for the
prevention of any payment being made in contravention of the
By-Laws, and generally manage the financial affairs of the
Board.

ID. Cause to be furnished to the Board, not later than the
second meeting of the Board in every month, after the passage
of the Estimates, a report as per Schedule B. (See page 508.)

vn.

MANAGEMENT COMMITTEE.

The Management Committee shall : —

I. Be divided into the following sub-committees, each con-

494

By-Laws.

sisting of three members, except the sub-committee on teachers,
which shall consist of six members, one from each ward : —

(a) Discipline, Health, and Physical Development.
(6) Programme of Study.

(d) Teachers.

2. Have supervision of the examination of all applications
for situations as teachers in the day schools.

3. Make nominations to fill all vacancies whenever they
occur, subject to the approval of the Board.

4. Have power to suspend teachers for misconduct, and
make temporary appointments in case of vacancies ; but such
action shall be reported to the Board for approval at the next
meeting.

5. At the second regular meeting in February of each year
present to the Board a report stating the various localities in
which additional school accommodation is required.

6. Visit the schools as frequently as possible, noting the
character of the discipline and system of instruction adopted,
and the progress made by the pupils, and present a report to
the Board of the result of such visits.

7. Submit such regulations for the efScient management of
the schools as may be deemed expedient, having regard to the
arrangement of classes, the course of study, and the order and
decorum of the pupils.

vin.

PROPERTY COMMITTEE.

The Property Committee shall : —

1. Be divided into the following sub-committees, consisting
of four members each : —

(a) Sites and New Buildings.

By-Laws.

495

teachers,
ird : —

lent.

'upils.

ilications

/er they

net, and
)ut such
the next

ich year
lities in

ting the
idopted,
sport to

ment of
d to the
der and

isisting

(6) Warming and Ventilation. *

2. Have the general supervision of school buildings and
grounds.

3. Report to the Board from time to time upon the ex-
pediency of purchasing, building, altering, repairing, enlarging,
or improving any school property.

4. Make nominations for the position of Caretaker, subject
to the approval of the Board.

5. Have charge of all buildings, and study the most econ-
omical and desirable changes that may be necessary, and
report the same to the Board.

6. Have charge of all warming apparatus in the schools.

7. At the first regular meeting in April make a detailed
report in writing of the character and extent of the repairs
and improvements recommended to be made to the schools
and premises during the current year.

IX.

SUPPLY COMMITTEE.

The Supply Committee shall: —

1. Report to the Board all matters that ought to be printed.

2. Superintend all printing ordered by the Board.

3. Have charge of all movable school furniture and appar-
atus except stoves, and the providing of all necessary supplies
for the schools.

4. Make at the close of each year a complete list of the
movable property of the Board, with a detailed statement of
transactions for the year, giving the amount of purchases, the
cost per scholar of the same, and the value of the stock on
hand, with a statement of the aggregate cost of supplies as
compared with the previous year.

496

By-Laws.

5. Report upon all books, stationery and other supplies pro-
posed to be used in the schools, and advertise for tenders for
furnishing the schools with books, stationery and other supplies
for the year.

" X.

NIGHT SCHOOL COMMITTEE.

The Night School Committee shall : —

1. Have supervision of the examination of all applications
for situations as teachers in the night schools.

2. Make nominations to fill all vacancies whenever they
occur, subject to the approval of the Board.

3. Have power to suspend teachers for misconduct, make
temporary appointments in case of vacancies ; but such action
shall be reported to the Board for approval at the next meeting.

4. Visit the schools as frequently as possible, noting the
character of the discipline and system of instruction adopted,
and the progress made by the pupils, and present a report to
the Board of the result of such visits.

5. Submit such regulations for the efficient management of
the schools as may be deemed expedient, having regard to thr
arrangement of classes, the course of study, and the orde.
and decorum of the pupils.

XI.

MONEY APPROPRIATIONS, ACCOUNTS, EXPENDITURES,
CONTRACTS AND IMPROVEMENTS.

1. All appropriations of money shall be submitted to the
Board in Committee of the Whole before adoption by the
Board.

2. Every contract with the Board shall be in writing, and
when the amount exceeds $100 the performance thereof shall
be secured by bond, with two sureties in double the amount,
to the satisfaction of the Board ; and when the amount is less
than $100 the bond may be taken, if deemed advisable.

Bv-Laws.

497

pplies pro-
enders for
er supplies

pplications

lever they

luct, make
;uch action
<t meeting.

noting the
n adopted,
1 report to

igement of
^[•ard to thr
the ordc.

URES,

ted to the
on by the

riting, and
ereof shall
le amount,
>unt is less
ble.

]. No contract for an amount exceeding $100 shall be
entered into by the Board until tenders shall have been called
for, and no tender shall be considered unless accompanied by
an accepted cheque, payable to the order of the Secretary-
Treasurer, or a cash deposit equal to five per cent, of the
amount of tender, and the deposit shall remain in the custody
of the Board until the contract to which such tender relates is
awarded, and the deposits of the unsuccessful tenderers shall
then be returned to them, but the deposit of the successful
tenderer shall not be returned until the receipt by the Board
of the contract and bond, properU- executed. In case a tender
has been accepted and the tenderer fails to execute the con-
tract and requisite bond, the deposit shall be forfeited to the
use of the Board.

4. Prior to the introduction and passing of the Annual
Estimates of Receipts and Expenditure, all resolutions of the
Board proposing to authori^ie the expenditure of money shall
only be passed subject to a reference to the Finance Com-
mittee, to estimate for the same ; and after the introduction
and passing of the Estimates, such By-Laws or resolutions
shall only be passed subject to a two-thirds vote of the Board
for such reference, in order that the said Committee may
consider the means of providing funds for the same ; and in
neither case shall any Committee, or officer of the Board, act
upon any such By-Law or resolution until a report of the
Finance Committee, certifying the mode of providing funds,
has been adopted by the Board.

5. No work or improvement shall be authori;ied b\- the
Board without either an estimate of the probable cost thereof,
or (in the absence of an estimate) limiting an amount therefor;
and no contract shall be entered into for such work or im-
provement at a larger sum, or involving a greater expenditure
than tiie amount so estimated or limited, until funds therefor
shall be reported by the b'inance Committee to the Board.

6. When money is duly authcjri/ed to be expended for any
purpose, the amount to be expended shall be credited to an

498

By-Laws.

account to be opened for the object for which the money is
voted, and all •expenditures in respect thereof shall be charged
to such account.

7. When all amounts properly chargeable against an account
have been charged, any balance remaining shall, on resolution
of the Board, be transferred to an account to be called " Surplus
Account."

XII.

DUTIES OF THE INSPECTORS.

The Inspectors shall : —

1. Attend all meetings of the Board and Management Com-
mittee ; and other Committees to which they or either of them
may be summoned.

2. Make monthly reports to the Board of the attendance of
teachers and pupils, and give the names of teachers absent,
the cause of such absence, and such other matter as should be
reported, including a tabular statement showing the attendance
of each department during the preceding month, and the
number of pupils suspended from each school during the
month.

3. Make an Annual Report, and submit the same to the
Board on or before the 31st day of January in each year, re-
cording the position of the schools in regard to statistics, cost,
system of teaching, examinations, and such other matters as
should be reported.

4. Make arrangements for a regular exchange of reports
between this and other Boards, and cause all such reports to
be properly classified and preserved.

5. Prepare all Departmental Reports.

6. Direct the work of the Supervising Principals and special
teachers.

7. Report on the fitness of teachers on trial for permanent
appointment.

By-Laws.

499

Tioney is
! charged

I account
ssolution
' Surplus

;nt Com-
: of them

dance of
> absent,
hould be
tendance
and the
ring the

e to the
year, re-
ics, cost,
litters as

reports
tports to

d special

rmanent

8. Investigate charges against teachers.

9. Prepare recommendations forthe Management Committee,
said recommendations to be sent out so as to reach the
members of the Committee one day before the meeting of the
Committee.

The Senior Inspector shall, under the direction of the Manage-
ment Committee : —

1. Attend to the correspondence of the office.

2. Have the special direction of the classes below the Third
Book.

3. Have supervision of methods of teaching Reading, Spell-
ing, Arithmetic, Writing, Geography, Bookkeeping, Hygiene,
and Object Lessons.

4. Direct the work of teachers on trial.

5. Conduct the Promotion Examinations in the schools.

6. Approve of orders for Free Text-Books and Supplies
before they are filled by the Secretary-Treasurer.

7. Supervise the teaching in the Industrial Schools.

8. Consult with the Police Commissioners in carrying out
the Truancy and Compulsory Regulations.

9. Direct the work of Kindergarten Supervision and Training.

10. Attend the meetings of the Supply Committee.

11. Hold meetings of all teachers four times each year, on
Fridays at 4.15 p.m., and special meetings of grades or principals,
provided that no teacher shall be required to attend meetings
oftener than once a month.

12. Visit schools when not in the office.

13. Perform such other duties as the Management Committee
or the Board may direct.

14. Be in the office on Saturday from g to i ; on Wednesday
from 9 to 9.30, and from 3.30 to 6 ; and on every other school
day from 9 to 9.30, and from 2 to 4.30.

500

By-Laws.

The Junior Inspector shall, under the direction of the Manage-
ment and Night School Committees : —

1. Deal with appeals from the decisions of the Supervising
Principals.

2. Have special direction of the classes above the Second
Book.

3. Have supervision of methods of teaching Literature,
Grammar, Composition, History, Algebra, and Geometry.

4. Superintend the preparation of the Teachers' Monthly
Time Sheet, and the reductions to be made on account of
absence.

5. Conduct the Departmental and N ight School Examinations.

6. Hold special meetings of Principals or of teachers above
the Second Book when necessary.

7. Supervise the work of the Night Schools and attend all
meetings of the Night School Committee.

8. Visit schools when not in the office.

g. Perform such other duties as the Management Committee,
the Night School Committee, or the Board may direct.

10. Be in the office on Saturday from g to i : on Wednes-
day from 3 to 6 ; and on every other school day from 3 to 4.30.

XHL

DUTIES OF THE SKCKETARY-TKEASURER.

The Secretary-Treasurer shall : —

1. Attend all meetings of the Board, and Committees thereof.

2. Record the minutes of the proceedings of such meetings.

3. Keep books of accounts showing the Income, Expendi-
ture, and Liabilities of the Board, and the state of its accounts
with the City (or Town) Treasurer.

4. In conjunction with the Chairman of the Board, sign all
cheques and orders upon the City (oy Town) Treasurer.

Bv-Laws.

501

Manage-

)ervising

Second

:erature,
Jtry.

Monthly
;ount of

nations.
s above

tend all

imittee,

Vednes-
to 4.30.

thereof.

i^etings.

xpendi-
:couiits

sign all

5. Notify each member of each meeting of the Board at
least twenty-four hours previous to the time at which such
meeting is to take place. .

6. Notify each member of a Committee of each meeting of
the Committee to which such member may belong,

7. Conduct the correspondence of the Board, except that
pertaining to the duties of the other officers of the Board.

8. Receive, classify, and submit all letters, accounts, and
other documents for the Board and Committees.

9. Prepare and take charge of all reports, except those of
other officers of the Board.

10. Make returns of salaries ; prepare orders for payment,
and keep detailed accounts of all expenditure which may be
necessary to show clearly from day to day the receipts and
disbursements, and all other reckonings of every nature and
kind connected with the financial transactions of the Board.

11. Superintend the distribution of school supplies and
requisites, under the direction of the Supply Committee.

12. Collect and receive from the various schools books and
supplies to be returned to the Board.

13. Keep two books in connection with the issue of Free
Text-Books— one a Stock Book, showing the total amount of
books purchased, the books delivered to the several schools,
the books returned, the books rebound, and the books on hand
at the close of the year; and the other a Ledger, in which an
account shall be kept with each school, showing the books
issued, the books (new and old) returned, and the books still
on hand in each school.

14. Issue orders of the Board and Committees, and generally
act under the authority of the Board, the Chairman, the
Committees and Chairmen thereof respectively.

15. Deliver copies of all reports to each member of the
Board at least twenty-four hours prior to the meeting at which
said reports are to be considered, provided always that this rule

502

By-Laws.

may be suspended in special cases by a two-thirds vote of the
members present.

i6. Keep a book in which all orders of the Board and
references to committees, officers, or employees shall be
regularly noted, with date of entry and time when each is to
be considered or reported back, as the case may be, and pre-
sent such book to the Chairman of the Board or Committee
thereof, as the case may be.

17. Endorse and promptly submit for consideration and
report every matter referred to any officer or Committee.

18. Advise the Finance Committee in all matters relating
to the financial operations of the Board.

ig. Give security as required by law to the satisfaction of
the Board, either by bond, with good and sufficient personal
sureties, or by the covenant and undertaking of any good and
sufficient company or association, duly incorporated for grant-
ing bonds or suretyship for parties holding positions of trust,
to an amount to be fixed by the Finance Committee.

20. Act as custodian of all evidences of titles, deeds, mort-
gages, leases, bonds, agreements, or other instruments relating
to the property and rentals of the Board, and only allow the
same to be taken from his office on the order of the Board, or
of the Chairman, or on the requisition and receipt of the
Solicitor, for use in any legal procedure, or on an order to
produce of any Court of law or equity.

21. Act as custodian of all bonds and securities of fidelity
given for the discharge of the duties of the officials and
servants of the Board, save his own, which shall be deposited
with the Solicitor.

22. Make payments and disbursements according to the
By-Laws, Rules and Regulations of the Board, or by statutory
or other authority, and advise with the Finance Committee or
the Board when appropriations therefor are exhausted.

23. Superintend the transactions of his department and of

By-Laws.

503

)te of the

oard and
shall be
ach is to
and pre-
Dmmittee

tion and
tee.

relating

action of
personal
food and
or grant-
of trust,

is, mort-
1 relating
illow the
?oard, or
t of the
order to

f fidelity
ials and
leposited

? to the
statutory
nittee or
1.

t and of

his subordinates, and duly compare, check, and verify the
entries of receipts and disbursements with the accounts and
vouchers for the same, and with the books of the office.

24. Prepare the accounts and transactions of his department
for monthly audit by the City {or Town) Auditors.

25. Supply all information relative to the finances of the
Board, and all other matters connected with his office, when
required.

26. Conform to all directions of the Finance Committee
consistent with law and to the By-Laws of the Board.

27. Attend in his office from 9 a.m. to 4 p.m., except on
Saturdays, when he shall attend there from q a.m. to i P.M.
During the summer vacation, his office shall be open to the
public daily until i o'clock p.m.

XIV.

AUDITORS.

The Auditors shall : —

1. Be the Auditors for the time being in the employ of the
corporation of the Citj' (oy Town) of .

2. Audit monthly the accounts and transactions of the
Board, and also verify, attest, and report yearly on the annual
abstract and report of receipts and expenditures.

XV.

ni'TIES OF THK SOLICITOR.

The Solicitor shall : —

1. Attend all meetings of the Board and Standing Committees
to which he may be summoned.

2. Draft all such petitions or memorials as maybe presented
by the Board to the Lieutenant-Governor, or the Legislature,
and all Acts of Parliament which may be required by the

504

IJv-L.wvs.

Sl'

Board ; give all the necessary notices of application for such
Acts, and attend to the passage thereof through the Legislature.

3. Prepare all contracts as hereinafter provided, and agree-
ments between the Board and the officers, teachers, and care-
takers.

4. Prepare all contracts for building and repairing in dupli-
cate ; when completed, deposit one with the Secretary-Treasurer
and the other with the Superintendent of Buildings. Contracts
for supplies need not be in duplicate, and, when completed, will
be lodged with the Secretary-Treasurer.

5. Prepare or revise all advertisements for tenders before
the same are published, revise all draft reports of Committees
recommending the acceptance of tenders before same are signed,
and generally revise and promptly report upon every contract
matter or act by which the Board could in any way incur
liability before the same has been finally passed upon by the
Board.

6. With the Secretary attend at the office of the Assessment
Commissioner, or other proper officer, at the proper times in
each year, and examine the names and addresses of all persons
and corporations rated as supporters of other than Public
Schools, and see that all persons and corporations who should
be rated as supporters of Public Schools are so rated, and
report at the earliest possible date to the Finance Committee
the result of his investigations. In the absence of special
instructions to the contrary, it shall be the duty of the Solicitor
in each case of incorrect assessment to take all necessary steps
to appeal therefrom, and have all errors rectified and forthwith
report to the Finance Committee that he has done so.

7. Advise the Board and Committees, and the Chairman of
the Board, on any question of law submitted for that purpose ;
and generally give due and proper attention to all the business
pertaining to the Law Department of the Board, as may be
required.

1>v-La\vs.

503

for such
^'islature.

id agree-
md care-

in dupli-
reasurer
ontracts
ted, will

3 before
imittees
! signed,
:ontract
ly incur
I bv the

issment
imes in
persons
Public
I should
ed, and
nmittee
special
lolicitor
■y steps
rthwith

man of
irpose ;
usiness
may be

XVI.

DUTIKS OF THE SUPKKINTIIN'DKNT OF lU'lI. DINGS.

The Superintendent of IJuildinj^s .shall:—

1. Attend all meetings of the Hoard and of the Property and
Supply Committees, and of any other (Committee to which he
may be called.

2. Make an Annual Report, and submit the same to the
Board on or before the 15th da}- of January in each \ear,
recording the value of the school buildings, sites, and furniture
of the ISoard, noting the increase or depreciation in value as
compared with the report of the previous year ; how each
school is seated, and the condition of the seats and desks ; the
system of heating and the amount of fuel consumed, and such
other matters as should be reported.

3. Have charge of all supplies for the use of caretakers in
the performance of their duties ; and, under the Supply Com-
mittee, superintend the distribution of the same : and keep a
separate account thereof with each school.

4. Have, under the said Committee, the care of the furniture
of the schools, and see that all furniture supplied to the schools
is strictly according to the contract under which it is purchased.

5. Report in detail to the Property Committee on or before
the first day of April in each year the improvements and
repairs which, in his opinion, shall be undertaken In- the
Board during the year.

6. Prepare all necessary plans and specifications, and work-
ing drawings with proper tracings, estimates, etc., for all build-
ings of whatever kind to be erected by the Board, and also of
the repairs when ordered b}- the Property Committee, such
plans to be the exclusive property of the Board.

7. Superintend all buildings in course of erection, visit them
as often as may be deemed advisable, and see that all work
and materials conform strictly to contract.

5o6

By-Laws.

8. Report to the Property Committee at meetings thereof
the progress of buildings in course of erection, and that in
respect to character and time they are being erected according
to the contract, as the case may be.

9. Certify all accounts passing through his office, and be
responsible for the correctness thereof.

10. Superintend all repairs ordered by the Property and
Supply Committees.

11. Have authority to order any small repairs requiring
immediate attention, not involving an expenditure of more
than ten dollars, and report the same to the proper Committee
at the next meeting thereof.

12. Have charge, under the proper Committee, of all the
supplies and materials for repairs, superintend the distribution
of the same, keeping a proper record thereof for each school,
in books provided for the purpose.

13. Have the supervision and control, under the direction of
the Property Committee, of all caretakers employed by the
Board.

14. Have authority, with the approval of the Chairman of
the Board, to suspend any caretaker neglecting duty, supply
the vacancy, and report the same to the Property Committee
at the next meeting thereof.

15. See that all buildings, grounds, and other property
belonging to the Board, in charge of r:ir< t 'f^rs, are kept in
a good and cleanly condition, ai' 1 f' it the caretakers fulfil
their duties in all respects acco' ' o the By-I aws.

16. Attend to the proper vv, nng and veniilation of the
schools, and to repairs in steam- lieatir^^ apparatus, furnaces,
stoves, and stove-pipes. ■

17. Inspect all school buildings periodically, and keep a
record of the condition thereof at the time of such visit in a
book to be kept for that purpose.

.-Sir

By-Laws.

507

ngs thereof
tid that in
! according,'

ce, and be

)perty and

requirinj,'
e of more
Committee

of all the
istribution
ch school,

irection of
ed by the

airman of
ty, supply
Committee

property
e kept in
kers fulfil

)n of the
furnaces,

i keep a
visit in a

18. Provide himself with a horse and conveyance, and keep
and maintain the same at his own expense.

19. Have char^'e, under the direction of the Property Com-
mittee, of all mechanics and laborers employed by the Hoard,
and keep a record of their services.

20. Attend in his office from 2 to 4 p.m. on Mondays,
Wednesdays, and Fridays.

XVII.

DUTIKS OF THK SFHCIAL TKACHKRS AND THK DRILL

INSTKUCTOR.

1. Each of the special teachers shall, at the close of each
term, report fully to the Senior Inspector upon the work under
the charge of the teacher during the term.

2. The Drill Instructor shall :—

{a) Give instruction in drill to the pupils of the Public
Schools, under the direction of the Management
Committee.

(b) Attend all meetings of the Board and perform such
other duties as may be required of him.

XVIII.

AMENDMENTS.

No amendment or addition to any by-law or regulation
or resolution of the Board shall be made unless due notice
setting forth the proposed amendment or addition shall have
been given at a meeting previous to that at which the same
comes up for discussion, and it shall require a two-thirds vote
to carry any amendment or addition, and all by-laws, regula-
tions, and resolutions of the Board inconsistent with these
By-Laws are hereby repealed.

5o8

Bv-Laws.

SCHEDULE "A."

Return of Expenditure and Liabilities incurred by Committee on.

up to i8

I certify the above to be a correct Return.
Committee Room, i8.

AVAILABLE.

Expended.

.Vsc'rt'ned
and Esti-
mated Lia-
bilities.

Totnl Ex-
penditure
and Lia-
bilities.

BALANCE.

SERVICE.

Balance
from i8— .

Appropr'ns

i8— .

Total.

Surplus.

Deficit

Chainiiati.

SCHEDULE "B."

Return by the Finance Committee of the Expenditure and Liabilities
incurred by the several Committees up to x8

(Part I.
Per Treasurer's Books.)

Expended,

(Part 2.
Per Returns from Committees, ct..)

SERVICE.

AVAILABLE.

Asc'rt'ned
and Esti-
mated Lia-
bilities.

Total Ex-
penditure
and Lia-
bilities.

Balance.

Balance
from i8— .

Appropr'ns

i8— .

Total.

Surplus.

Deficit.

Treasurer'.s Okfick,

i8....

Chairiiiait.

e on.

BALANCK.

Surplus. Deficit.

Chainuav.

1 Liabilities
[8....

)mmitteks, cu;.)
Balanck.

Surplus.

Deficit.

INDEX.

Chairviau.

INDEX.

ABSENCE

From board meetings, whenofficeof trustee vacated by, 34 227 301
Seat of trustee vacated by, must be declared vacant by remaining
trustees, 227, 301.

. Departmental Regulations as to, of pupils from Public Srhools -z 1 6

exammations, 318,
ABSENT OWNER

(See Rural School Sites.)
ACCEPTANCE

Of office by trustees, what constitutes, 2>2>-
ACCOMMODATION

To be provided by Rural School trustees, 53.

For whom to be provided, 54, 55.

What is adequate, 54, 55.

Trustees to decide what, to be provided, 55.

Trustees in cities, etc., to provide adequate, 145.

Want of, excuses attendance under The Truancy Act, 243.

High School trustees to provide adequate, 273.
ACTIONS

By teacher for salary to be brought within three months, 189, igr

Pendmg proceedings not affected by amendments to The High
Schools Act, i8gi, 309.

ACTS

One part may be construed by another, 14.

Existing law to be considered in construing, 14.

Cannot be altered by partial legislation without special reference, 14.

General, rule of construction, 14.

Particular, " "14,

Court to determine intention of amending and repealing, 14.
Interpretation of words in, 14.

512

Index.

ADMISSION

Must be accommodation to entitle children to, 22.

Proper application must he made for, 22.

Subject to provisions of The Public Health Act, 22.

Of children entitled to attend Separate Schools, 22.

Of non-resident pupils, 23.

Who entitled to, 54, 55, 56.

Children for whom Separate School established not entitled to,

54, 56.
Children of indigent persons entitled to, without payment of

rates, 56.
Where no Separate School established for a class, children of such

class entitled to, 56.
Establishment of Separate School only suspends right to, 56.

AFFIRMATIONS

May be accepted from certain religious sects in lieu of oath, 211.
From persons refusing or unwilling to take oath, 211.
From persons incompetent to take oath, 211, 212.

AGE

Onus of proof of, lies on defendant m proceedings under The
Truancy Act, 252.

(See luill A\;e : School Age.)

AGREEMENTS

Between trustees and teachers to be in writing and under corporate

seal, 187, 188.
Trustees can only be charged in their corporate capacity under, 188.
Teacher party to, must hold legal certilicate, 188, lyo.
Between rural trustees and teacher must be adopted at regular or

special school meeting, 188.

Must be signed by two trustees, 188.
Superintendent signing with trustees, nut a contracting party, 189.
Between trustees in cities, etc., and teacher must be assented to by

a majority at a proper meeting of the board, 189.
Action under, by teacher for salary, to be brought within three

months, 189.
Certificate of teacher refusing to carry out, may be suspended, i 89.
Teachers in High Schools refusing to carry out, may be suspended

by Education Department, 297.

entitled to,
)ayment of
Iren of such
;o, 56.

:)alh, 211.

under The

er corporate
■ under, 188.
It regular or

I party, 1 89.
isented to by

within three

pended, i8y.
»e suspended

Index.

513

AGRICULTURE

Education Department to regulate study of, 6.
AID

From municipal corporations to poor school sections, 158.
ALCOHOLIC STIMULANTS

Education Department to make regulations as to study of 6
ALIENS

Who are, 192.

ALTERATION IN BOUNDARIES

Will not relieve trustees from liability for erection of schoolhouse, 53.
(See School Boundaries.)
ANNUAL MEETINGS

111 Rural School sections, to be called by trustees, 63.

Notice of time, place, and object of, to be posted by trustees 63
Trustees liable to fine for not giving proper notice of, 63, 230.
1 rustees to present annual report at, 64.
What report to contain, 64.
To be signed by trustees and auditors, 64.
Resolution passed at, may be rescinded at special meeting, 64.
ANNUAL REPORTS

To be presented by rural trustees at annual meeting, 64.
What to contain, 64.

To be signed by trustees and auditors, 64.
Penalty for not sending, 64, 65, 237.
Penalty for signing false, 64, 65, 237.
Trustees in cities, etc., to transmit to Minister of Education ici
When, 151. ' •

Penalty for not sending, 237.
Penalty for making false, 237.
ANNUAL RETURNS

Rural trustees to transmit to inspector, 64.
When, 64.

Penalty for not sending, 64, 237.
" making false, 65, 237.
How penalty recovered, 65, 237.
APPARATUS

(See School Apparatus

)

514

Index.

APPEALS

To county council against township by- law altering school

section, 105.
To county council against neglect or refusal of township council
to alter school section, 106.
Who may appeal, 105.
Time for appealing, 105, 106.
Appointment of arbitrators to hear, 106.
Powers of arbitrators, io6.
Against award for formation, etc., of union section, 117.
Against refusal of township councils to appoint arbitrators, 1 15.
When to be made to county council, 115.

" " Minister of Education, 116.

Who may appeal, 1x5, 1 16.
How appeal to be made, 1 15, 1 16.
Time for appealing, 115, 1 16.
To Minister of Education from decision of inspector suspending

teacher's certificate, 195.
From action in Division Court between teachers, inspectors, and
trustees, 222.

Stay of judgment to allow appeal to Minister, 223.
Minister may appeal to High Court, 223.
Division Court Judge to transmit suit papers to High Court, 223.
I'roceedings stayed after notice of appeal, 224.
Certified copy of pleadings, etc., to be given to Minister, 224.
Decision of High Court on appeal, 224.
Proceedings in Division Court when appeal decided, 224.
Costs of appeal, 224.
From conviction under The Truancy Act to be heard as a special

case, 251, 252.
Revival of right to appeal with regard to validity of by-law establish-
ing High School district, 260.
Of pupil passing High School entrance examination to Minister, 295.
Departmental Regulations respecting claims by candidates to have
their papers re-read, 379.

(See Uiiorgiinized Townships: School Sections.)

APPRENTICES AND MINORS

Powers of trustees in cities and towns over, 155, 156.

Index.

ring school
ship council

tors, I 15.

suspending
pectors, and

li Court, 223.

inister, 224.

ed, 224.

as a speci;ii

xw establish-

linister, 295.
ates to have

ARBITRATION

515

Fo^r^ad^justment of all claims on establishment of a township board,

Appointment of county inspector and two other arbitrators by
township council, Si. i^rb oy

Powers and duties of arbitrators, Si 82
For adjustment of claims on disunion of'parts of municipalities on
establishment of township board, 82, 83.

Appointment of arbitrators to act with inspector, 82
J owers and duties of arbitrators 83

On disagreement as to selection of a school site, 88
Appointment of arbitrators, 88, 93.
Inspector to act as arbitrator, 88, 207.
Should be appointed at a special meeting, 88.
May be appointed at a subsequent meeting 87
Powers of, 88, 93.
Who may be, 88.
Should be notified by appointment in writing, 88.

accept office in writing, 88.
Majority of arbitrators decides matter, 88.
When inspector to act as umpire, 89. '
Arbitrators to be notified of meetings, 89.
Proceedings when one or more arbitrators absent, 89 qc
Meeting to be adjourned for ten days, 89 95
Notice of second meeting to be sent to absent arbitrators
«9. 95- ■'

When arbitrators may act in absence of other arbitrator, 89 n,

Neglect to notify absent arbitrator vitiates award nc
Duties of arbitrators, 89. '

To what extent arbitrators judges of admissibility of evidence, 89

When arbitrators may proceed ex /ar/,, 89. ^'

Arbitrators to take evidence b.fore parties or counsel, 80

" " receive all evidence

idered before cl

cannot delegate their powers. 89.
may delegate ministerial acts, 89.

OS I

"g, 89.

If no time fixed, award to be made

Time for making award may be enlarged

in three months. Si

89.

5i6

iNDIiX.

ARBITRATION (Continued)

Binding award cannot be made after expiration of time limited, S9.

When time for making award may be extended, 90.

Award to be in writing, 90.

Arbitrators to execute award in presence of each other, and at same

time, 90.
Award may be made orally, 90.
When award made, 90.

Authority of arbitrators ceases after making award, 90.
When corrections or alterations in award may be made, 90.
When award published, 90.
Form of award, 90,

Arbitrators not bound to give reasons for their award, 90.
Arbitrators may be called as witnesses to prove facts occurring during

the reference, 90.
Rights of parties to an arbitration, 90.
Costs of arbitration, 90, 96.
When award bad, 91.

Revocation of submission to arbitration, 91, 92.
Fees of arbitrators, 91.

Reconsideration of award as to selection of a school site, 92.
Award to be binding for five years, 92.

Powers of inspector when party neglects to appoint arbitrator, (^3.

When owner refuses to sell land selected for a school site, 92-9X.
Arbitrators to be appointed by owners and trustees, 92.
Inspector to act with them to appraise damages, 92, 207.
When owner can refuse to submit to, 93.
Powers and duties of arbitrators, 94.
To settle rights of claimants, 94.
To notify claimants, 94.
Award of arbitrators to constitute trustees' title, 95.
Award to be registered, 95.
When owner of land selected for a school site is absent, 98, 99.
Proceedings to be taken by trustees, 98.
Appointment of sole arbitrator by County Judge to determine

compensation, 99.
Award to constitute trustees' title to land, 100.
" be registered, 100.

Inokx.

517

lie limited, S9.
:r, and at same

)0.

de, 90.

1, 90.
:curring during

site, 92.

arbitrator, <j3.

Dol site, 92-()S.
stees, 92.
s, 92, 207.

'. 95-

isent, 98, 99.

e to determine l

ARBITRATION (CoutiniUj

On formation, dissolution, division, union, or alteration of school
sections, 105.

Appointment of arbitrators to hear appeal to county council

agamst by-law of township council, 105.
Appointment of arbitrators to hear appeals to county council
agamst neglect or refusal of township council to alter, etc
school boundaries, 106. ''

Appointment of arbitrators, 106.
Number of arbitrators, 106.
Inspector to act as arbitrator, 106, 207.
Duties and powers of arbitrators, 106.
Who may be arbitrators, 107.
When award of arbitrators to take effect, 107.
How long an award to continue in force, 107
For adjustment of claims on formation, etc., of school sections. ,08.
Appomtment of arbitrators by township council, 108.
Uuties and powers of arbitrators, 108
On formation, alteration, or dissolutionof union school sections , ,0
Appointment of arbitrators, no.

Member of municipal council may not be an arbitrator, i ,0

Notice of appointment of arbitrators to be sent to inspectors.'

no. * '

Inspectors to be ..v oj^,n> arbitrators, 1,0, 207
When County Judge to act as arbitrator, 1 1 ,
^.rst meeting of arbitrators: how, when, and by whom
called, in, 208.

Notice of Hrst meeting to be given to municipal clerks by
inspector, ni, 208.

Duties of arbitrators, ni-n 3.
What award to set forth, n I- n 3.
What arbitrators to determine, n 2, n 3.
Award, or certified copy, to [,e filed with clerks of munici-
palities concerned, 114.
Award binding for five years, n4.
On appeal to county council against award for the formation,

refn'J r?'°" u"''^'" ''"''°"'' "5 ; or, against neglect or
refusal of township councils to appoint arbitrators, ns.

Appointment of arbitrators, 115.

5i8

Index.

ARBITRATION (Continued)

Who may not be arbitrators, 115.
Powers and duties of arbitrators, 115.
First meeting of arbitrators, 115.
On appeal to Minister of Education against award for alteration
or dissolution of a union school section lying within two or
more counties, 115.

Or, against refusal or neglect of township councils concerned
to appoint arbitrators, 116.

Appointment of arbitrators, 1 16.
Powers and duties of arbitrators, 116.
First meeting of arbitrators, 116.
On adjustment of claims on annexation to a city or town of part
of a school section, 119.

Appointment of arbitrators, iig.
Duties of arbitrators, 119.
For equalization of union school assessments, 120, 121.
Appointment of arbitrators, 120, 208.
Duties of arbitrators, 120, 121.

Award of arbitrators to l)e binding for three years, 120, 121.
Reconsideration of award, 121.
Procedure on, 121.
Time for, 121.
Award, altering sections, to be valid unless notice to set aside filed
with township clerk, 121.
Length of notice, 122.
Who may give notice, 122.
Applicant may attack award or by-law, 122.
What deemed publication of award, 12^.
When award confirmed, binding for three years, 123.
Allowance to arbitrators, 212.
Arbitrators to determine costs of, 212.
Arbitrators cannot fix their own fees, 92, 212.
On disagreement as to selection of High School sites, 275-277.
Trustees and owner each to appoint arbitrator, 275.
Senior County Judge to act as third arbitrator, 275.
Duty of arbitrators, 275.

Proceedings when owner refuses to appoint arbitrator, 276.
Senior County Judge has casting vote, 276.

jr alteration
thin two or

Is concerned

Index.

;own of part

5, 1 20, 121.

set aside filed

I2 3-

s, 275-277.

275-

trator, 276.

519

ARBITRATION (Contimicdj
Powers of arbitrators, 276.
Arbitrators to notify claimants, 276.
Proceedings when one arbitrator absent, 277.

Notice to absent arbitrator to be given, 277.
Award of arbitrators to constitute title of trustees to land, 277.
Award to be registered, 277.
Costs of arbitration, 277.
When owner of land selected for High School site absent, 278-280.
Proceedings to be taken ijy trustees, 278-280.
Appointment of sole arbitrator by County Judge, to determine

compensation, 279.
Award of arbitrator to constitute trustees' title to land, 281.
Award to be registered, 281.

ARBITRATORS

(Sec Arlntratioii.)

ARBOR DAY, 418

ART SCHOOLS

How established, 4.

ASSESSMENT

Township councils to levy certain sums for school purposes, 158 1 50.
How assessment made, 158. ' '

Who are to be assessors, 158, 159.
Appeal from assessment, 159.
Mode of, in certain union sections, 159.

City, town, or village councils to levy sums required for school
purposes, 160.

Necessity for assessment for school purposes may be submitted to
vote of electors, 160.

Trustees may require municipal councils to raise money at any time
by, 160.

Municipal clerk to give copy of assessment to inspector, 160.
Trustees entitled to see original, 161.

Municipal clerk to furnish statement of assessment to each board
of trustees, i6r.

Penalty to which clerk liable for neglect to do so, 161, 225
By municipal councils to establish Public School library, 161.

520

Index.

ASSESSMENT (Continued)

By municipal councils for aiding new or weak schools, i6i.
*' " " '• sup{)ort of Model Schools, i6i,

'* " *♦ " supplementing teacher's salary, i6i.

Municipal clerk to transmit to inspector statement showing rating
of Separate School supporters, i6a.

Penalty to which clerk liable for neglect to do so, 162, 225.
Separate School accounts to be deducted by inspector before

payment of county grant, 162.
Trustees of Separate School to receive payment of amount
deducted, 162.
Minutes of township council relating to school assessment to be
sent to Minister of Education, 162.
When, 163.
(See School Sections ; Union School Sections ; Unorganized Townships

Rates; School Rates,)

ASSESSMENT ROLLS

(See Assessment ; School Sections ; Unorganized Townships.)

ASSESSORS

To make annual list of children between eight and fourteen years

for purposes of The Truancy Act, 249.
To return list to municipal clerk for use of truant officer, 249.
(See Union School Sections ; Assessment ; School Sections : Unor-
ganized Townships.)

ASSETS

Of section dissolved to be disposed of by municipal council, 35.

ASSLSTANT TEACHERS

Regulations respecting, in High Schools, 402, 403.
" " qualification of, 402, 403.

ASSOCIATE EXAMINERS

Regulations respecting appointment of, to conduct Departmental

examinations, 363.
Regulations respecting duties of, 365, 366.

BALLOT

(See Elections ; Trustees.)

Index.

s-^i

i6i.
6i.

ry, i6i.
>wing rating

162, 225.
;ctor before

of amount

nent to be

Townships

•Jiips.)

irteen years

:er, 249.

ns ; Unor-

:ouncil, 35.

iipartmental

HOARDS

Of trustees, what, 17.

Of Rural School trustees, organization of, ;,<;.
Majority of, to form (luorum, ^q.
To take security from secretary-treasurer, 39.
Responsibihty of, in case of neglect to take security, 39
May allow secretary-treasurer compensation for services, 4 ,
May appoint secretary-treasurer school collector, 41
Special meeting of, to be called by secretary-treasurer, 4^

In mun.c.pal.t.es without county organization, how established. 76
Powers of, 77. ' ' •

When to provide accommodation, 77.
Of trustees, in cities, etc., first meeting of, 142.
When to be held, 142.
Change in hours of meeting, how made, 143.

Who to preside at, 143.

Election of chairman at, 143.

Casting vote at, 143
Presiding officer of, 144.
VVhat constitutes a quorum, 144.

Majority of quorum necessary to bind, 144.
Acts of, done without a legal quorum, void,
Presumption as to quorum, 144.
Meetings of, to be fixed by trustees, 145.
Proceedings of, trustees to keep record of, 145
Of High School trustees.
First meeting of, 268.
When held, 268.
Quorum at, 268.

Change of hour of, how made, 268.
Secretary to preside at until election of chairman "68
First duty of, to elect chairman, 269.
Casting vote at election of chairman, 269.
Chairman of, to vote on all questions. 269.
Meetings of, to be fixed by trustees, 269.

(See Trustees : Boards of Education.)
BOARDS OF EDUCATION

Constituted by union of Public and High Schools 17
Now unlawful, r 7, 22, 258.

'44-

522

iNDhX.

>i^3

BOARDS OF EDUCATION (Coniinncd)
At present existing, continued, 1 7.
How composed, 19, 257.
Are a corporation, 19,257.
Name of, 20, 257.
Powers of, 20, 257.
Quorum, 20, 257.
Powers to contract and be sued, 20.

" " change sciiool site, 20.
Extent of powers, 20.

Power to make requisition for levying money, 20.
Member of municipal council cannot be member of, 20.
Dissolution of, 21, 357.
Trustees representing I'ublic School at dissolutioi, to continue in

ofFioe, 21.
Members of board for High School to be High School trustees, 25JS.
Disposition of property on dissolution of, 21, 258.

BOARD OF EXAMINERS

Jurisdiction over High School district, 29 v
Constitution of, 293.
Qualification of meuibers of, 293, 294.
Fees of members of, 294.

(See C"u)ity Board of Exiiniiiurs. )

BOND

Of county treasurer to apply to Public School moneys and public

moneys of Province, 173, 174.
Of county treasurer should be drawn in words of statute, 175.
Of county treasurer may be executed l)efore appointment to otitio,:

made, 175.
Invalidity, or irregularity in mode, of appointment of treasurer no

defence to action on, 175.

1500KS

( See Text- Books. )

HOOKS OF REFERENCE

Department to select, 6.

Indkx.

5^.i

ontinue in

ustees, 258.

and public

e, 175-

nt to olifici.:

reasurer no

BOUNDARIES

School section meeting to appoint new trustees on alteration in
need not he called, 28.

(Sir School Boundaries.)

BRITISH SUBJECTS
Who are, 193.

BY-LAWS

Township councils may pass, for sciiool purposes, 5 i .
To establish township boards, 77.

Township council to pass, 77.

Hivision of township into wards, 78.

When by law to take effect, 77.

When and how repealed, S3, S4.

When repeal to take effect, 83.

To unite school sections in same township, 100.
Township council has power to pass, 100.
When, 1 01.

By-law must be under corporate seal, etc., loi.

Must define limits of united sections, 101.
Parties to action to quash bylaw, 101.

Action to quash by-law must be brought without delay, loi.
Appeal to county council against, 105.
Who may appeal, 105.
Time for appealing, 105, 106.
How appeal Ik rd, 106.

To alter boundaries of school section, 102.
" divide existing section, 102.

unite part of one section to another, 102.
Township council may pass, 100.
What will invalidate, 102.

When application to (|uash will be refused, 103.
Persons affected to be notified, 102, 10 ^ '
When by-law to take effect, 104.

Appeal to county council against, 105.
Who may appeal, 105.

Time for appealing, 105, io6.

How appeal heard, 106.

524

Index.

BY-L,A\VS (Continncd)

forming, .altering, or dissolving a school section to he valid unless
notice to quasl\ given, 121.

Notice to be filed with township clerk, 121.

Length of notice, 122.

Who may give notice, 122.

When by-law will be (juashed, 123.

" " " not be quashed, 122, 123.

Applicant may attack by-law or award, 122.
Quashing of, discretionary, 123.

What deemed publication of, 123.

When confirmed, binding for five years, 123.

For raising loans by issue of debentures, 163-167.
Necessity for by-law, 163.
What by-law to contain, 163, 164.
To settle a specific sum to be raised annually for navment of

debt and interest, 163.
Need not set forth estimates on which it is founded, »6.^.
When by-law can be quashed, 164.
By-law substituting system for aiding schools different from that

laid down by statute, bad, 164.
Expenses of publishing by-law, by whom to be paid, 166, 305.
By-law must be registered, 167.
When, 167,

Trustees acting under, before it has been quashed, not liable, 1 76.
Trustees acting under illegal, w'len not liable, 176, 177.
Action arising out of illegal by-I nv, w'.ien to be brought, 177.
Notice of intention to bring iu be given, 177.
Length of notice, 177.

To be hrought against municipal corporation alone, 177.
Regulations respecting teachers to be embodied in by-laws of board

of trustees, 1 79.
Constituting High School districts prior to 1S78 confirmed, 259.

Repeal of, ran only act prospectively, 260.
Revival of right of appeal with regard to validity o!' by-laws

establishing High School districts, 260.
Kstahlishment or discontinuance of High Schools must be by
by-'aw. 262.

alid unless

navment of
I, 16^.
It from that
I, 166, 305.

liable, 1 76.
177-

', 177-

ivs of board

led, 259.

o! by-laws

lust be by

Index.

5^5

BY-LAWS {Continued)

Appointment of High School trustees by county and other

municipal councils to be by |,y-law, 265.
Co.nty and city councils may pass by-laws to aid High Schools, 282
Un.ted counties may pass by-laws for apportioning amount to be

paid for mamtenance by each county, 282
Councils may pass by-laws without submission to vote of electors

to raise loans for permanent improvements, 289
Exemption of ratable property from taxation by municipal by-law

not to affect liability of property for school rates, 306.

CANDIDATES ^

Departmental Regulations respecting notice for examinafons by

I.q.r.,„en.al Regulations respecting duties ol, at exantinations,
375> 370.

CARETAKERS

May be employed by teachers, 187.

CASTING VOTE

When chairman of Rural School Board allowed, 29 .,
At election of trustees m cities, etc., who has, i2>3. '

chairman, who has, 143.
„' " " "f High School Board, 269.

When Senior County Judge has, on selection of High School
site, ?7o.

CERTIFICATE

Of municipal clerk to be evidence of number of ratepayers m
municipality, 262. ^

CERTIFICATES

Department to regulate extension of third class, 6

Mm .\ I ,"7>'''^"T«^'^^''^*^'-fifi^^tes in lieu of Departmental,;.
Must be held by teacher during engagement, ,5, r88.
Three classes of, 15, 192.
How granted, and to whom, 15, 192.

Of teacher refusmg to carry out agreement with trustees may be
suspended, 189, 297. '

526

iNDIiX.

CERTIFICATES (Continued)

Of first and second class granted by Minister of lulucation, 193.

Period of validity of, (93.
Of third class granted by County Board of Examiners, 193.

Period of validity of, 193.
Of third class must be signed by a Public School inspector, 193.
Granted prior to 1871 to remain in foice, 194.
May be suspended by teacher for misconduct, 194, 208.
Duty of county inspector to suspend, 195.
Appeal to Minister of Education from suspension of, 595.
In certain cases, inspector to report suspension of, to Minister, 195.
" " " call meeting of County Board of

Examiners to consider suspension of, 195.
Inspector to notify teacher of meeting of County Hoard to

consider suspension of, 195.
Regulations respecting examinations for third class, 381.

" " extension and renewal of third class,

385. 386.
( St'c Pfiifcssiotid/ Certificates : District Certificates. )

CERTIOKARI

No application under The Truancy Act^ 251,

CHAIRMAN

At Rural School meetings,
lilection of. 29.
Duties of, 29, 30.

When allowed casting vote. 29, 32.
To receive no nominations for election of trustees, 30.
May not reject vote tendered, 30.
May recjuire voter to make declaration, 30, 31.
May declare vote bad on voter's refusal to make declaration,

.?o. 3'. 32.
(Jannot receive protest against legality of meeting, 30.
When to grant poll, 30.
To sign copy of minutes and poll book, 37.

" send copy of minutes of meeting to county inspector, 37.

" " " poll book to inspector, 37.

IJpbility to penalty for not sending, 37, 232.

ion, 193.

'93-
ctor, 193.

ister, 195.

Board of
Hoard to

ird class,

3°-

^claration,
3°-

H'Ctor, 37.

I\ni;\.

5-7

CHAIRMAN (Conunucd)

Of Hoard of Ri„al School 'IViistees.

First duty of board to elect, 39, ,43.

To transmit copy of minutes and poll hook to inspector :,
''>ab,l,ty to penalty for not sending, 57,23, ' '^'•

Of trustees in cities, etc.

Election of, at first meeting of board, 1.13.

Secretary-treasurer to preside at, 143.

Casting vote at election of, 143.

Who to act as chairman, if chairman absent. .44
Of County Hoard of Examiners.

Klection of, 196.

Duties of, 197.
Of Hoard of High School Trustees.

Klection of, 269.

Casting vote at, 269.

•May vote on all questions, 269.

CHARACTER

CHILDREN

Kight of, to attend Public Schools. 54, 55. 5^,, 57.

How deprived of right, 58.
Health of, comes under purview of teacher, 146.

out;;ide jurisdiction of trustees, 1*46
KronnMght to fourteen years to attend Public Schools. 242

Reasons excusing attendance, 243.
Employment of, during school hours, 244.

Penalty on employer, 244.

between eight and fou;teen years mav be sent to Industnal Srho.,1
.or certain causes, 245.

CITY COUNCILS

To levy by assessu.ent sums req.nred for school purposes, ,60
Ouest.on of necessity of assessment ma> be subn.tted by, to 'vote
of electors, 160. j, ^c

May be required by trustees to raise money at any tune, lOo.
May establish High Schools ,n cties, 263.

528

iNDliX.

CITY COUNCIL (Continued)

Appointment of High School trustees by, 266.
Term of ofifice of High School trustees to be fixed by by-law of, 266.
Powers of, under The Municipal Act, to aid High Schools, 282.
May make provision for attendance at University of Toronto and
Upper Canada College, of High School pupils, 290.

For attendance at High Schools of Public School pupils, 291.
For endowing fellowships in University of Toronto and Upper
Canada College, for competition among High School pupils,
291.

CITY OF TORONTO

Election of Public School trustees in, 125, 126.
Number of Public School trustees in, 125, 126.
Term of office of Public School trustees in, 126.

CLAIMS

Adjustment of, on formation, etc., of a school section, 107.

CLOSETS

Teachers to report to trustees unsanitary condition of, 184.

COLLECTORS

Of school rates in union school sections, who to be, 116.
Duties of, 116.

(See School Collectors.)

COLLEGIATE INSTITUTES
How established, 4.
Age of pupils at, 4.
Coivstitution of, 264.
Departmental Regulations respecting, 335, et seq.

COLLUSION

Proceedings in case of, between trustees and auditors, 47.
On the part of as l)itralors, ground tor setting aside award, 91.

COMMENCEMl-NT EXERCISES

Departmental Regulations respecting, 362.

COMMITTEE

Trustees in cities, etc., to appoint for each school, 149.

Indi;\.

529

-law of, 2(16.
3ols, 282.
roronto and

pupils, 291.
3 and Upper
chool pupils,

10:

, 184.

16.

, 47-
ard, 91.

.9.

COMPENSATION

To owner refusing to sell land for I'ublic School site, 92, o.
How ascertained, 93.

Powers of trustees on tender to owner of amount of, 94.
Encumbrances may he paid out of, 95, 99.
To absent owner of land selected for a Public School site, 08-, 00
How ascertained, 98, 99.
Responsibility of trustees to, 99.

Stands in place of land and subject to encumbrances 90
Payment of, into Court, 100.
To owner refusing to sell land selected for a High School site
275. 276.
How ascertained, 276.

Powers of trustees on tender to owner of, 276
To absent owner of land selected for High School site, 278 279
How ascertained, 278, 279. '

Responsibility of trustees as to, 280.
Stands in place of land and subject to encumbrances 280
Payment of, into Court, 280, 281. ' '

COMPLAINTS

As to election of rural Public School trustees or proceedings at
school meetings, 37, 3^. ^

To be made to inspector, 37, 38.
Inspector may investigate, 38, 207.

Power of inspector to confirm or set aside election or proceed
mgs, 38. ^

Allowance to inspectors investigating, 212.

'I'ime for making, 38, 39.
As to elections of Public School trustees in cities, etc 141

^^""l l^e received and investigated by County Judge, ,41
Under m Truancy Act to be laid by truant officer before Justice
of the Peace or Police Magistrate, 247, 248.

( OMPULSORY ATTENDANCi:

Act respecting Truancy and, 241.
Meaning of "school" in, 241.

" "inspector" in, 241.
** " "principal" in, 241.
Children between eight and fourteen years to attend school, 242.

5J0

Index.

Hi:

COMPULSORY ATTENDANCE fCoutUuicd)

Statutory ena(;tmcnts as to, not unconstiiutiona! on certain

grounds, 242.
In proceedings to compel, onus of proof of age of cliild lies on

parent, 242.
Duties of persons with whom children between eight and fourteen
years reside as to, 242.

Liability of, for not complying with provisions of Act
respecting, 243.
Reasons excusing, 242, 243, 244.

Child under efficient instruction at house or elsewhere, 243.

What is efficient instruction, 244.
Child unable to attend on account of sickness, 243.
No school within certain distances, 243.
No accommodation at school which child has right to attend,

243-
If excused by Justice of the Peace or principal of school, 243.

If child has passed entrance examination for High School, 243.

" is a Roman Catholic, from attendance at Public

School, and vice versa, 244.

CONSTITUTIONAL LAW

Province of Ontario may make law respecting education, 1,12.
Such laws not to affect denominational schools, i.
Dissentient Protestant and Roman Catholic schools in Quebec, 2.
Appeal by denominational schools from legislative Acts, 2.
Separate Schools to have .^rme right of appeal as Public Schools, 2.
Parliament of Canada may make remedial laws, 3.
Statutes compelling attendance of children under fourteen years at
school not unconstitutional on certain grounds, 242.

CONTAGIOUS DISEASE

Pupils suffering from, may be prevented from attending school, 146,

147, 185, 186, 296.
Teachers to take precautions against spread of, 145, 185, 186.
Departmental Regulations respecting, 317.

CONTRACT

For erection of schoolhouse must be under seal, 53.
Office of trustee vacated by interest in contract with board, 34,
227, 300.

on certain
hild lies on
ind fourteen
ons of Act

iwhere, 243.

43-

ht to attend,

school, 243.
School, 243.
e at Public

ion, 1, 12.

n Quebec, 2.

cts, 2.

ic Schools, 2.

teen years at
2.

g school, 146,
185, 186.

Index.

531

c-.;

th board, 34,

CONTRACT (Continued)

Exception in case of secretary-treasurer, 227.

Need not be binding on board, 228.

Wiiat interest will cause disqualification, 228, 22^).

" not disqualify, 228, 229, 230.
Immaterial that name of trustee in or not in contract, 228.
Tmie to which disqualification relates, 228.
Proof of agency alone will not disqualify, 229.
Trustee cannot be party to contract for building schoolhouse 2 -o
Seat of trustee having interest in contract must be declared vacant
by formal resolution, 229.

Qiw warranto proceedings to declare seat of trustee having interest
in contract vacant, 229.

CONTRIBUTION

Towards " maintenance " by several municipalities composing High
School district, 286, 287.

CONVICTION

Of parent or guardian for violation of The Truancy Act, 247.
Liability of parent or guardian to fine on, 247.
Parent or guardian may be bound over to cause child to attend
school on, 247, 248.

CORPORAL PUNISHMENT

Right of teachers to administer to pupils, 181, 182, 318.
What is excessive, 182, 318.

CORPORATE ACTS

Must be adopted at a legal board meeting, 44, 144.

CORPORATE POWERS

Liability of trustees for refusing or neglecting to exercise, 231
Refusal or neglect to exercise must be wilful to render trustees
personally liable, 232.

CORPORATE SEAL

School lands to be conveyed by trustees under, 50, 151
Promissory note of trustees made for paying teacher's salary must
be under, 62.

Agreements between trustees and teachers must be under, 187, iSS.

532

Indkx.

ii'

CORPORATION

Rural School trustees are ii, i8.

Style of, 1 8.
What it is, i8.
Purpose of, i8.
Limit of power, nj.

Statutory [towers under T/ie luterpreUxtioit .lit, ly
Jurisdiction of C!ourts respecting, 19.
Boards of Education are a, 19, 257.

Style of, ly, 257.

Powers of, 20, 257.
Public School trustees in cities, etc., are a, 12,^.

Style of, 123.

Powers of, 124.
High School trustees are a, 256

Style of 256.

Powers of, 256, 257.
Liability of, for violation of The Tniancv Act, 250.

CORRUPT PRACTICES

At elections, 138.

COUNCILS

(See Mumcipal Cotincih ; County Councils ; To-iViiship Councils :

and City Councils.)

COUNTY

Meaning of, in The Public Schools Act, 15.
" The Hii^h Schools Act, 254.

COUNTY BOARD OF EXAMINERS
May grant third-class certificates, 193.

" " district certificates, 193.
Constitution of board granting district certificates, 193.
Districts for which board may grant certificates, 193, 387.
Inspector to call meeting of board to consider suspension of
teacher's certificate, 195.
When, 195.

Inspector to notify teacher of meeting, 195.
To be appointed by county council, 196.
Constitution of, 196, 197.

Iniii:\.

53.i

'otinci/s :

.pension of

COUNTY HOARD Ol-' JiXAMINlCRS fCnntunu-d)

lo conduct examinations for granting ti.ird-class certiticatcs, uj6.

Exann nations to be held yearly, 196.

Fees and expenses of members conductmg examinations, 1 y?
Majority of board to fonu (iiioruni, 196.
Election of chairman and secretary of, 196.
Duties of chairman of, 197.
Remuneration of secretary, 196.

Principal of County Model School may not be a member of, ,96
Appomtment of additional meml)ers by county council, 197

Pees and expenses of members investigating standing of teacher,. 97.
C^uahhcation of members of, 197.

To establish one Model School in each county, 197

May establish more than one County Model School, in their discre-
tion, 198.

Dei)artmental Regulations respecting duties of, 381, ,/ s,y.

COUNTY CLEKK

To furnish Minister of Education with copy of minutes of council
relatmg to school assessment, 162.
When, 163.

To make returns of population of county to Minister of Education
176.

When, 176.

COUNTY COUNCILS

Appeal to, against township by-law altering school section 105
Appeal to, agamst neglect or refusal of township council to alter
school section, 106.

Who may appeal, 105.

Time for appealing, 105, I oO.

Appointment of arbitrators to hear, 106.

Powers of arl)itrators, 106.
Appeal to, against award for formation, etc., of union section, , ,c
Appeal to, against neglect or refusal of township council to appoint
arbitrators, 115.

When to be made to county council, 115.

Who may appeal, 115, 116.

How appeal to be made, lis, 116.

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WEBSTER, N.Y. 14580

(716) 872-4503

534

Index.

COUNTY COUNCILS (Continued)

Time for appealing, 115, 1 16.

Appointment of arbitrators by, to hear appeal, 115.
Copy of minutes of, relating to school assessment, to be sent to
Minister of Education by clerk, 162.

When, 163.
To appoint County Board of Examiners, 1 96.

Who may be appointed, 196, 197.

May appoint additional members to board, 197.
Tn grant aid to Model Schools, ig8.
'\ grant aid to Teachers' Institutes, 199.
To appoint one inspector for each county, 201.

' oviso as to appointment of, 201.

iV.iy appoint additional inspectors, 201.
change inspectors, 201.

Notice of appointments to be sent to Minister of Education,
202.
To pay fees of non-resident pupils from House of Refuge, 218.
Can change limits of High School districts from time to time, 259.
May establish or discontinue High Schools, 262.

Establishment or discontinuance must be by by-law, 262.
Powers of, under The Municipal Act^ to establish High Schools, 262.
Establishment of High Schools in incorporated villages by, 263.

When establishment to go into effect, 263.
Appointment of High School trustees by, 265, 266.

Member of, cannot be High School trustee, 265.

Appointment must be by by-law, 265.

Term of office of trustees appointed by, 265, 266.
To provide sums for maintenance of High Schools, 282, 283.
Powers of, under The Municipal Act., to aid High Schools, 282.
Liability of, of united counties for " maintenance," 282.
To make further grant to High Schools in certain cases, 283.
To pay proportionate cost of maintenance of county pupils in
High Schools, 283.

Settlement of cost by agreement, 284.

Disputes as to cost to be referred to County Judge, 284.

Duty of county council in case of dispute, 284.

Costs of reference, 284.

Rate for county pupils to be levied by, 285.

Index.

535

COUNTY COUNCILS (Continued)

Municipality outside High School district may provide for maii)-
tenance of county pupils instead of, 285, 307.

Such municipality not liable for other rates for maintenance,
286, 308.
May raise further sums fo: maintenance, 290.
" make provision for attendance at University of Toronto and
Upper Canada College of High School pupils, 290.

For attendance at High Schools of Public School pupils, 291.
" endowing fellowships in University of Toronto and
Upper Canada College for competition among High
School pupils, 291.

COUNTY GRANT

What it is, 171.

County councils to raise equivalent to legislative grant for school

purposes, 171.
How, when, and to whom paid, 172.
Amount rated against Separate School supporters to be deducted

from, 162, 208.

(See Legislative Grants ; Municipal Grants. )

C OUNTY JUDGE

Senior, to be arbitrator on selection o'" High School site, 275.
May appoint person to act for him, 275.
Has casting vote on arbitration, 276.

COUNTY PUPILS

Meaning of, 254.

Maintenance of, at city and town High Schools by county council,
283.

Settlement of amount of maintenance by agreement, 284.

Disputes f.s to, to be referred to County Judge, 284.

Award of referee binding for three years, 284.

Costs of reference, 285.

Rate for, to be levied by county council, 285.
Maintenance of, by municipality outside High School district,

285, 307.
Fees of, 291.
Payment of fees of, by county council, 292, 308.

536

Index.

fj'?

t I

COUNTY PUPILS (Continued)

Right of, to attend any High School aided by council of county
in which they reside, 295.

COUNTY SUPERINTENDENT

Signing contract between teacher and trustees, not a contracting
party, 189.

COUNTY TREASURER

Township treasurer to be sub-treasurer of, 173.

May act as sub-treasurer for certain municipalities, 173.

To pay school assessment to township treasurer, 173.

Liability of treasurer and his sureties to his municipality, 173.

Bond of treasurer and his sureties to apply to Public School

moneys and public moneys of the Province, 174.
Cannot accept orders for payment of teacher's salary, 173.
Duty of, as to receiving and paying money, 174.
J^iability for money paid by, under illegal order or resolution, 174.
Liable for loss of money through insolvency of agent, 174.
Liability of municipal corporations for default of, 175.
Bond of, should use words of statute, 175.

" may be executed before appointment to office made, 175
Invalidity, or irregularity in mode, of appointment no defence

to an action on bond of, 175.

COURSE OF STUDY

In Public Schools, regulations respecting, 321-330.

343-351-

383-

390-
397-400.

'• High Schools,

" Model Schools, "

" Normal Schools, "

" School of Pedagogy, "

COURT OF REVISION

In unorganized townships, constitution of, 67.
Powers of, 67.

Members of, entitled to travelling expenses, 67.
Inspector may act as, in certain cases, 67, 68.

CRIME

Conviction for, disqualifies trustee, 34, 227, 301.

Seat of trustee must be declared vacant by remaining trustees

2^7» 301-

Indkx.

537

of county

ontracting

y. '73-
ic School

73-

ition, 174.
74-

nade, 175
o defence

g trustees

DAMAGE

To school property to be prevented hy teachers, 187.

DAMAGES

(St'e Compensation. J

DEBENTURES

Apphcation by rural trustees to township council f. ,• issue of, if.,-,.

Purposes for which issue allowed, 163.

By-law must be passed for issue of, 163.

What by-law to set forth and contain, 163, 164.
How repayable, 163.

Proposal to issue must be sanctioned by ratepayers, 163.
Right of ratepayers to object to issue of, 164.
Specific sums to be raised annually for payment of interest
and debt, 163.

Rate of interest of, 164.
Sinking fund for payment of, 164.
Application by trustees of union school section for issue of.

To be lade to municipality in which schoolhouse lies, 165.

Such municipality to issue, 165.

Contribution by other municipalities forming union section
towards payment of, 165.
Application by trustees of certain union sections for issue of,

How to be made, 165.
Liability of taxable property in school sections for payment of, 1 66.
Expenses of publishing by-law for issue of, 166, 305.

By whom and how paid, 166.
Issue of, when to be submitted to vote of electors, 166.

Mode of voting, 166.

Who may vote, 167.
By-law for issue of, to be registered, 167.

Time for registration of, 167.

Issue of, without submission to vote of electors. 167.
Form and teim of, 167, 168.

Issue of, by municipal councils, to raise loan for " permanent
improvements," 287.
Term of, 289.

538

Index.

DECLARATION
Of right to vote, 30.

When to be made by voter, 30, 31.
Form of, 31.
Penalty for false, 32.

DECLARATIONS OF OFFICE, 138

DEDICATION

Of land for school purposes vests property in school trustees, 5 1 ,

DENOMINATIONAL SCHOOLS

Provincial laws respecting education not to affect, i.

Powers of, in Quebec, 2.

Appeals by, from legislative Acts, 2.

Have same right of appeal as Pub-' • Schools, 2.

Parliament of Canada may grant ...medial legislation to, 3.

DEPARTMENT OF EDUCATION

(See Education Department.)

DEPARTMENTAL REGULATIONS
To be laid before Legislative Assembly, 8.
To apply to The Public Schools Act, 17.
Power of Department as to, 17.
Respecting Public Schools, 312-335.

High Schools, 335-362.

Collegiate Institutes, 335-362.

Departmental and University Examinations, 362-379.

Professional training and examinations, 379-404.

Inspection, 404-411.

Miscellaneous provisions, 411-418.

DIPLOMAS

Departmental Regulations respecting, 362.

DIRECTORS

Of Teachers' Institutes, Department to appoint, 7.
Of Kindergarten Schools, regulations respecting, 380.

DISABILITY

(See Superannuation ; Teachers : Inspectors.)

Index. 53,^

DISCIPLINE

Of pupils, Departmental Regulations respecting, 318, 320.
Teachers to maintain, 1 79.

DISCRETION

Of trustees in dismissing pupil not interfered with by Courts, 58.

DISMISSAL

Trustees may dismiss refractory pupil, 57, 148.

Pupil may be readmitted, 57.
Of inspectors, conditions of, 202.

" in cities and towns, conditions of, 209.

Conditions of reappointment of inspectors after, 209.

DISPUTES

Between trustees and teachers as to salary to be settled in Division
Court, 191, 298.

DISTANCE

No school within certain distance excuses child between eight
and fourteen years from attendance at school, 243.

DISTRICT

Meaning of, 254.

DISTRICT CERTIFICATES

To be granted by Board of Examiners, 193.

Constitution of board, 193.
Districts in which valid, 193, 387.
Departmental Regulations respecting, 386, e'/ ivr/.

DISTRICT TRAINING SCHOOLS

Departmental Regulations respecting establishment of, 386.

** " examinations of, 386, 387.

DIVISION

(See School Boundaries.)

DIVISION COURT

Has jurisdiction to settle disputes as to salary between trustees
and teachers, 191, 298.

540

iNDiiX.

1)1

EDUCATION

Province of Ontario has power to legislate as to, 1,12.

KDUCATION DEPARTMENT

How constituted, 3.
Duties and porers of, 4-8.

To regulate establishment of Kindergarten Schools, 4.
" " Public Schools, 4.

" " Night Schools, 4.

" " High Schools, 4.

" " Collegiate Institutes, 4.

Art Schools, 4.
Model Schools, 5, 19S.
Normal Schools, 5.
Training Schools, 5.
Teachers' Institutes, 5, 199.
' Mechanics' Institutes, 5.

Industrial Schools, 5.
To make regulations respecting management of schools, 6.
" " as to use of text-books, 6, 220.

" qualification of school officials, 6.
" payment of superannuation, 6.
respecting extension of third-class cer-
tificates, 6.
" " respecting study of agriculture, 6.

" " " " temperance, 6.

To appoint inspectors and directors, 7.
" affiliate certain schools, 7.

regulate fees for examinations, 7.
dispense with Departmental examinations, 7.
prescribe forms for registers and reports, 7.
" accept British Normal School certificates, 7.

convert Separate into Model School, 7.
" appoint member of County Board of Examiners, 7, 8.

ELECTIONS

Of chairman at first Rural School meeting, 29.
" of Rural School Board, 39.

" " Public School Board in cities, etc., 143.

Indkx.

541

5. '99-

i, 5-

hools, 6.
o.

ofticials, 6.
tion, 6.
class cer-

re, 6.
ice, 6.

;rs, 7, 8.

|43-

ELECTIONS (Continual)

At first meeting of hoard, 143.
Casting vote at, 143.
Of chairman of High School Hoard. 268, ^69.
When held, 268.
Casting vote at, 269.
Of members of township hoards, time and manner of, 79.
" Rural School Trustees, 30.
Modes of, 30.

(Qualification of electors, 27.
When poll may he granted, 30.
Proceedings in case of a poll, 31.
Kntries to be made in poll book, 31.
Duty of chairman on voter being objected to, 31, 32.
Duties of chairman on closing of poll, 32.
" secretary " ** 32.

Chairman to declare trustee elected, 32,
KfTect of chairman's declaration, 33.
When trustees estopped from (juestioning validity ol'. 33.
Trustee elected to be notified by secretary, t,;^.
What constitutes acceptance of office by trustees, 33.
Complaints as to, to be made to inspector, 37, 38, 207.
Inspector may investigate complaints as to, 38.
I'ower of inspector to confirm or set aside, 38.
Time for making complaint as to, 38, 39.
When inspector may appoint time and place for new, 3.S.
Allowance to inspector investigating complaints as to, 2 1 2.
Of trustees in cities, towns, and incorporated villages.
Provisions for, 125, 127-140.
First election of, 124.
Qualification of trustees, 1 24.
Nominations, 127.

When and where meeting for, to be held, 1 28.
What is a proper meeting, 128.
What is a nomination, 1 28.

Must be made at place fixed, 128.
Returning officer, when and how appointed, 128.

Duties of, 128, 129,

Appointment to be by resolution, 128, 129.

542

Index.

ELECTIONS {Continued)

Notice of meeting for nomination to be given by trustees, 129.

Length of notice, 1 29.
Proceedings at nomination, 129, 130.
When an election commenced, 130.
Hours of polling, 1 30.
Demanding a poll, 130, 131.
Electors entitled to free access to polling place, 131.
When voters' list to be furnished to trustees, 131.
What voters' list to contain, 131.
Certified copy of list and polling book to be provided for each

polling place, 132.
Entries by returning officer in poll book, 132.
Duties of returning officer after close of election, 132.
Duties of secretary-treasurer after close of election, 132.
Casting vote at, 133.

Of trustees in cities, etc., by ballot, 133-140.

May be held on same day as municipal elections, 1 33.
Use of ballot may be discontinued by trustees, 133, 134.

How, 133.

Change binding for three years, 134.
Mode of conducting, 134, 138.
When election to take place, 135.
Place for holding election to be fixed by by-law, 135, 136.

Election void if not held there, 135.
Must be held in proper municipality, 135.
Who is to be returning officer, 135.

Provision for death or absence of, 135, 136.

Duties of, at nomination meeting, 136, 137.
" when election commenced, 137.
Meeting to receive nominations, when held, 135.

Notice of meeting to be given by returning officer, 136.

Length of notice, 136.
Poll need not be demanded, 137.
Ballot boxes', 137.
Mode of voting, 137.
Corrupt practices at, 138.
Form of ballot papers, 138.
Separate Gchool supporters not to vote, 138.

iNDIiX.

543

rustees, 129.

led for each

ELECTIONS (Continued)

Oath to be administered when voter objected to, 1 39.

Form of oath, 1 39.

Hy whom administered, 140.

False swearing by voter not perjury, 139.

Refusal of voter to take oath may be a ground for setting
aside election, 140.

Who may object to voter, 140.

Qualification of voter, 139.

Full age, what it is, 140.
County Judge to investigate complaints respecting, 141.
Proceedings at investigations, 141, r42.
Of trustees to fill vacancies, 138.

ELECTIONS HY BALLOT

(See Elections.)
ELECTORS

In Rural School sections, qualification of, 27.

EMBEZZLEMENT

When trustees cannot be guilty of, 41, 233.

ENTRANCE EXAMINATIONS

To be held annually in High Schools, 293.
Places at which held, how determined, 293.
Expenses of, how to be paid, 294.

Provisional admission to High School of pupil passing, 295.
Departmental Regulations respecting, 351-358.
Subjects of examination, 352.
Duties of inspector at, 352-354.
" " presiding examiner, 354.
" " candidates, 354.
" " examiners, 355, 356.
Reports, certificates, and appeals, 356-358.
Time-table, 358.
Children between eight and fourteen years who pass, excused from
compulsory attendance at school, 243.

EQUALIZATION OF ASSESSMENTS, 120. ct ,eq.

(See Union School Sections.)

544

Indix.

ESTIMATES

To be furnished by Rural Schcjl trustees applying for school

moneys, 60.
What are insufficient, 60, 61.

When insufficient estimates cannot be objected to, 60.
Public School trustees in cities, etc., to submit to council, 150

When, 150.

What to contain, 150.
Submitted to municipal council by High School trustees, 270.

When, 270.

Need not show how sum re(|uired Made up, 271.

EVIDENCE

Certificate of municipal <'lerk of number of ratepayers in munici-
pality to be, 262.

EXAMINATIONS

Departmental, fees of, to be fixed by Department, 7.
What examinations accepted in lieu of Dejjartmental, 7.
By Countv Board of Kxaminers, i»;6, 197.

Held for granting third-class certificates, 196.
To be held yearly, 196.
ICxpenses of, 197.
Leaving, to be held annually in Public Schools, 200.
Regulations respecting Departmental, 362, 363.

Appointment of examiners and associate examiners to con-
duct, 363.
• Number of, 363.

Qualification of, 363.
Duties of, 364, 365.

" associate examiners, 366, 367,

Examination papers, 366-369.
Primary and leaving, 369, 370.
Matriculation, 370, 371.
Duties of inspectors and presiding examiners, 371-375.

Remuneration of, 376.
Notice by candidates, 370. ^ .

Duties of candidates, 375, 376.
For third-class certificates, regulations as to, 381.
In Schools of Pedagogy, regulations as to, 398, 399.

Ini)i:x.

545

ir school

, '5°

es, 27°*

n mumci-

ers to con-

l»-375-

EXAMINATIONS (Continued)

In Model Schools, regulations as to, 384.
In Normal Schools, " " 390, 3QI.

Instructions to examiners at, ^91-393.
(Ste Eiitrattce Examinations ; Leaving Examinations ; Matriculation
Examinations ; and Primary Examinations.)

EXAMINERS

Department to appoint, 6.

*' " determine qualification and duties of, 6.

Regulations respecting appointment of, \v 'onduct Deparuncntal
examinations, 363.
Number of, 363.
Qualification of, ^d^.
Duties of, 364, 365.

'• associate examiners, 366, 367.
" presiding examiners, 371-375.
Remuneration of presiding examiners, 370.

EXECUTION

Public School property cannot be sold under, 51.

May issue out of Division Court for teacher's salary, 191.

EXEMPTIONS

School property exempt from taxation, 51.
Of indigent persons from school rates, 59.
High School property exempt from taxation, 281.

Qualification as to exemption of, 282.
Of ratable property from taxation by municipal by-law, not to aflect
liability of property for school rates, 306.

EXPENDITURES
Meaning of, 46.
What it includes, 46.

EXPULSION

Cases of, to be reported by trustees to truant officer, 249.
High School trustees may expel pupils, 271.

" " have greater power as to, than Public School

trustees, 272.
Departmental Regulations respecting, 317.

546

ill

Index.

FALSE REPORTS

Penalty for signing, 65, 237.

How recovered, 65, 237, 238.

FALSE RETURNS

Penalty for signing, 65, 237.

How recovered, 65, 237, 238,

FEES

Trustees in cities, etc., may collect fees for books, 148.

For tuition in High Schools, to be fixed and collected by trustees,

270.
High School trustees to certify fees collected to county treasurer,
274.
When, 274.
To be paid to treasurer of High School, 291, 292.
Of county pupils, 291.
" non-resident pupils in High Schools, 292.
*' resident pupils in High Schools, 292.

Payment of fees of county and non-resident pupils by county
council, 292.

FINES

FIRE DRILL, 418

(See Penalties.)

FORMS

1. Notice of annual school meeting, 431.

2. '* " " when proper notice not
given, 431.

3. Notice of special school meeting, 432.

4. " to person elected as school trustee, 432.

5. Concurrence in resignation of trustee, 433.

6. Notice to the ratepayers by township clerk calling a first school

section meeting, 433.

7. Transmission of copy of school meeting minutes to ihc

county inspector, 434.

8. Bond of secretary-treasurer, or collector, 434.
g. Notice of school meeting, 435.

iHBiai

148.

:ted by trustees,

Index.

547

I'ORMS (Continued)

10. Request to an inspector by any two ratepayers to appoint a

school section auditor, 436.

11. School auditor's notice to person interested in the school

accounts of a section, 436.

1 2. Warrant to enforce collection of moneys awarded to be paid

,U — 1 „„^;,

To follow " FEES " on />age 546.

ounty treasurer,

pils by county

notice not

g a first school
inutes to the

FENCES.

School grounds to be properly fenced, 54.
Departmental regulations as to, 54, 312.
Application of The Line Fences Act, 54.

29. Appeal to a county council m regard to school section

boundaries, union or otherwise, 447.

30. Notice of the decision of the arbitrators in regard to an appeal

to a county council, 448.

31. Deed by school trustees, 449.

32. Petition to township council in regard to union school

sections, 450.
2^1. Notice of appointment of arbitrator on alteration of union
school section, 450.

34. Inspector's notice to township clerks, 451.

35. Award, 451.

546

Index.

FALSE REPORTS

Penalty for signing, 65, 237.

How recovered, 65, 237, 238.

FALSE RETURNS

Penalty for signing, 65, 237.

" when proper notice not

given, 431.

3. Notice of special school meeting, 432.

4. " to person elected as school trustee, 432.

5. Concurrence in resignation of trustee, 433.

6. Notice to the ratepayers by township clerk calling a first school

section meeting, 433.

7. Transmission of copy of school meeting minutes to the

county inspector, 434.

8. Bond of secretary-treasurer, or collector, 434.

9. Notice of school meeting, 435.

Index.

547

notice not

a first school

nutes to ihe

II.

12.

I'ORMS (Continued)

lo. Request to an inspector by any two ratepayers to appoint a
school section auditor, 436.
School auditor's notice to person interested in the school

accounts of a section, 436.
Warrant to enforce collection of moneys awarded to be paid
by school auditors, 437.

13. Deed to school trustees, 438.

14. Notice of exemption to township clerk, 439.

15. Requisition on the municipal council for school moneys, 440.

16. Promissory note of Rural .School trustees for teachers'
salaries, 441.

1 7. Notice to inspector and township clerk of addresses of trustees
and teachers, 441.

18. Petition to trustees to call a special school meeting, 442.

19. Notice of a first school meeting in anunorganized township, 442.

20. •' division of school sections in unorganized townships,
442.

21. Notice of appeal against assessment, 443.

22. Declaration by school collector, 443.

23. Notice by arbitrators to parties interested in a school .section, 444.

24. Affidavit verifying award, 444.

25. Surveyor's certificate on selection of a school site, 445.

26. Affidavit proving absence from country of owner of land selected
for a school site, 446.

27. Notice to absent owner of land selected for a school site, 446.

28. Notice by township council of its intention to alter the
boundaries of a Public School section, 447.

29. Appeal to a county council in regard to school section
boundaries, union or otherwise, 447.

30. Notice of the decision of the arbitrators ii. regard to an appeal
to a county council, 448.

31. Deed by school trustees, 449.

32. Petition to township council in regard to union school
sections, 450.

33. Notice of appointment of arbitrator on alteration of union
school section, 450.

34. Inspector's notice to township clerks, 451. •

35. Award, 451.

"'i''

548

Index.

lit!

FORMS (Continued)

36. Notice of equalized assessment of union school sections by tlic

township assessors, 452.

37. Notice to quash by-law, or to set aside award, 453.

37. Declaration of returning officer, 453.

38. Notice to the candidates for election as school trustees in cities,

etc., 454,

39. Notice of the discontinuance of school election by ballot, 454.

40. Notice requesting that school election shall be held on same

day as municipal election, 455.

41. Annual report of trustees, 455.

42. Summons for maintenance in Industrial School, 455.

43. By-law to raise money by the issue of debentures, 456.

44. School debenture, 459.

45. Notice of apportionment, 459.

46. Inspector's warrant for the payment of the school grant, 460.

47. Agreement for engagement of a Public School teacher, 460.

48. Trustees' request to inspector to suspend the certificate of a

teacher, 462,

49. Notice to trustees and teacher of the suspension of teacher's

certificate, 463.

50. Inspector's notice to the Minister of Education of the suspen-

sion of a teacher's certificate, 463,

51. Notice to a teacher of the meeting of the County Board of

Examiners to consider his case, 464.

52. Requisition for county examiner's expenses, 464.

53. Inspector's annual report, 464.

54. Temporary certificate issued to a teacher by a Public School

inspector, 465.

55. Notice to parent or guardian of neglect to educate child or

children, 465.

56. Form A, under section 1 1 of TAe Trttancy Act, 466.

57. Notice of truant children, 466.

58. Agreement with caretaker, 466.

59. Contract for supplies, 467.

60. Bond of contractor, 469.

61. Contract for school buildings, 471.

62. Bond of contractor, 480.

By-laws of a Public School Board, 482.

:tions by the

tees m cities,

' ballot, 454.
:ld on same

55-
456-

;rant, 460.
cher, 460.
rtificate of a

I of teacher's

■ the suspen-

nty Board of

ublic School
cate child or
^66.

Index. 549

FREE LIBRARIES ACT

Duty of trustees in cities, etc., under, 153.

FULL AGE

What is, 140.

(.RANTS

To trustees in cities and towns to aid in payment of inspectors'

salaries, 210.
For maintenance of High School, 282-287.

County council to provide certain sums for, 282, 283.
Powers of county council under TAe Municipal Act to aid High

Schools, 282.
Liability of united counties for "maintenance," 282.
Maintenance of county pupils by county councils, 283.
Settlement of amount of, by agreement, 284.
Disputes as to, to be referred to County Judge, 284.
Award of referee to be binding for three year'i, 284.
Costs of reference, 285.
Rate for, to be levied by county council, 285.
Maintenance of county pupils by municipality outside High School
district, 285, 307.

Such municipality not liable for payment of other rates,
286, 308.
Councils in High School districts to levy ctrtain sums for aiding

High Schools, 286.
Contribution to, in case of several municipalities composing one

High School distrct, 286, 287.
County councils may raise further sums for maintenance, 290.
Apportionment of, among united counties, 290.
Departmental Regulations respecting grants to schools in new and
poor townships, 412, 413.

(See County Grant : Legislative Grant ; Municipal Grants.)

GUARDIANS

Duty of, to compel attendance at school of children between eight

and fourteen years, 243.
Reasons excusing, from liability for non-attendance of child at
school, 243. -

[' *

550

iNUIiX.

lit!

GUARDIANS (Continued)

Child under efificient instruction at home or elsewhere, 24.V

What is efficient instruction, 244.
Child unable to attend school on account of sickness, 243.
No school within certain distances, 243.
No accommodation at school which child has a right to attend,

243-
If child excused by a Justice of the Peace or principal of

school, 243.
If child has passed High School entrance exammation, 243.
Liability of, for neglect of duty under The Truancy Act, 243, 247.
Complaints by truant officer against, for violation of The Truancy

Act, 247.
May be bound over to cause child to attend school, 247, 248.

HEADINGS

No part of statutes, 1 2.

HIGH SCHOOLS
How established, 4.
Age of pupils in, 4.

Department may make regulations respecting, 6.
Existing organization of, continued, 1 7, 258.
Meaning of term, 254.
County council may establish or discontinue, 262.

" " must pass by-law to establish or discontinue, 262.

Powers of county council under The Municipal Act to establish,

262.
Establishment of, by county council, in incorporr .1 •• -'ages, 263.

When establishment to go into operation, 2'-' ,.
City council may establish in cities, 263.
What instruction to be given in, 263.
Courseof study in, 263, 343-351.
Preparatory classes in, abolished, 264.
When, may be constituted Collegiate Institute, 264.
Trustees of, to have charge of, 270.

*' to see to proper conduct of, 274.

Terms in, 298, 299.

Index.

551

:re, 24.?.
5S, 243.
to attend,
incipal of

m, 24?.

243. 247-
• Truancy

, 248.

inue, 262.
establish,

■iiges, 263.

HIGH SCHOOLS (Continued)

Departmental Regulations respecting, 335-362.
Conditions of existence, 335, 336.
Equipment, 335, 336.

Distribution of legislative grant to, 336-341.
Basis of distribution, 336-341.
Schedule of, 342.
Principals and assistant teachers in, 343.
Duties of teachers in, 343.

pupils in, 343.
Course of study in, 343-351.
Entrance examinations, 351-358.
Subject of examination, 352.
Duties of inspectors, 352-354.

presiding examiners, 354.
candidates, 354-355.
" examiners, 355, 356.
Reports, certificates, and appeals, 356-358.
Time-table, 358.
Oral primary examinations, 358-362.
Diplomas and commercial exercises, 362.

HIGH SCHOOLS ACT

Duty of Public School trustees under, 153.

HIGH SCHOOL DISTRICTS

Constitution of existing districts confirmed, 259.
Countycouncils have powertochange limitsof.fromtimetotime, 259.
By-laws constituting, prior to 1878, confirmed, 259.
Revival of right of appeal with regard to validity of by-law

establishing, 260.
Union of portions of municipalities to, for school purposes, 260.

Proceedings to form union, 260. *

When union to go into effect, 260.

Uniting municipality only need pass by-law, 261.
Withdrawal of portion or whole of municipality from, 261.

Proceedings on withdrawal, 261.

When withdrawal to go into operation, 261.

Withdrawing municipality only need pass by-law, 261.

Relief of withdrawing municipality from rates, 261.

552

Index.

i)i

HIGH SCHOOL SITES
Selection of, restricted, 274.

Must have no connection with Public School, 274.
Extent of, 274.

Regulations as to fencing and draining, 274.
Enlargement of, 275.

Restrictions as to, 275.
Arbitration on disagreement as to selection of, 275.
Proceedings when owner refuses to sell land selected for, 275.

Trustees and owner each to appoint an arbitrator, 275.

Senior County Judge to act as third arbitrator, 275.

Duty of arbitrators, 275.

Proceedings when owner refuses to appoint arbitrator, 276.

Powers of arbitrators, 276.

Arbitrators to notify claimants, 276.

Land may be taken by trustees on tender of amouiu of
damages to owner, 276.

Proceedings when one arbitrator absent, 277.

Notice to absent arbitrator, 277.

Award to constitute trustees' title, 277.
" " be registered, 277.

Cf/sts of arbitration, 277.
Proceedings when owner of land selected for, absent, 278-281.

Steps to be taken by the trustees, 278, 279.

Responsibility of trustees as to compensation, 280.

Payment of compensation into Court, 280.

Title of trustees to land of absent owner, 281.
(See School Sites.)

HIGH SCHOOL TRUSTEES

(See Trustees.)
HOLIDAYS

In Public Schools, 219.

Public School teachers not to make up lost time by teaching on,

219, 321.
Payment of teacher's salary for authorized, 190, 219.

HOURS

Of board meeting, change in, how made, 143.
(See School Hours.)

275-
75-

>r, 276.

mount of

5-281.

ching on,

Index.

553

HOUSE OF REFUGE

What is a, 219.

People of school age in, to be deemed nonresident pupils, 2 1 8.

IMMORAL CONDUCT

Children between eight and fourteen years may be sent to Indus-
trial School for, 245.

INDIGENT PERSONS

Children of, entitled to attend school without payment of rates, 56.
Trustees may exempt from school rates, 59.

to provide free text-books for children of, 59.

irOUSTR.'AL SCHOOLS

Establishment of, 5.
Purpose of, 5,

When pupil may be sent to, 57, 149.
High School trustees cannot send refractory pupils to, 272.
When children between eight and fourteen years may be sent
to, 245.

INDUSTRIAL SCHOOLS ACT

Duties of Public School trustees in cities, etc., under, 154-157.

INFECTIOUS DISEASES

Pupils suffering from, may be prevented from attending school, 145,

146, 185, 186, 296.
Teachers to take precautions against spread of, 147, 185, 186.
Departmental Regulations respecting, 317.

INJUNCTION

Trustees may be restrained from permitting use of schoolhouse other
than for school purposes, 52.

INSANITY

Of trustee disqualifies him, 34, 227, 301.

Seat of insane trustee must be declared vacant by remaining trus-
tees, 227, 301.

INSPECTORS

Department to determine duties and qualifications of, 6.

regulate payment of pensions of superannuated, 6.

554

Index.

INSPECTORS {Continued)

Of High Schools, Department to appoint, 7.
" Separate Schools, " " 7.

" Model Schools, " " 7. '

To call special meeting if first or annual Rural School meeting not
held, 28, 206, 207.

Penalty for not calling, 230.
Complaints as to rural elections or school proceedings to be made
to county, 30, 31, 37, 38.
Power to invesiigate, 38, 207.
Discretion as to nature of investigation, 38.
May confirm or set aside election or proceedings, 38.
May appoint time and place for new election, 38.
May examine witnesses, 38.
Allowance to inspector for investigating, 212.
Time for making complaints to, 38, 39.
To receive copy of minutes of first, annual, and special Rural School
meetings, 37, 207.

And of poll hook, 37, 207.
Duties of county, in case of want of trustees, 35.
When to appoint auditors, 45.
Differences between auditors to be referred to and decided by

county, 47, 207.
May require trustees to provide " accommodation " in Public

Schools, 55.
To receive half-yearly and annual returns from rural trustees, 64, 207.
" form certain school sections, 65, 207.

May divide school sections in unorganized townships into groups, 67.
To notify secretary-treasurer of, and of group to which they
belong, 68.
To act as arbitrator in selecting school site, 88, 207.
May appoint a person to act for him, 88.
Powers of, in case of neglect of either party to appoint an
arbitrator, 93, 94.
To act as arbitrator when owner of land selected for a school site
refuses to sell, 92, 207.

May appoint a person to act for hirn, 92, 93.
Powers of, in case of neglect of either party to appoint an
arbitrator, 93, 94.

ceting not

r> be made

iral School

lecided by

in Public

;es,64, 207.

groups, 67.
vhich they

appoint an
school site

appoint an

Index.

555

INSPECTORS (Ccmtinued)

To call meeting of ratei)aycrs to consider union of school sections

in same township, 10 1.
To act as arbitrator on alteration of school boundaries, 106, 207.
To give notice of alteration of school boundaries to township

clerk, 107.
To act as arbitrator on adjusMiient of claims arising out of forma-
tion, etc., of school sectior., 107, 108.
To be ex officio an arbitrator on formation, etc., of union school

section, 1 10, 207.
To call first meeting of arbitrators to decide on formation, etc., of

a union section, iii, 208.
May appeal against award for formation, etc., of a union school

.section, 115, 116.
To appoint arbitrators to settle disagreements as to equalization

of union .school assessments, 120, 208.
To receive from municipal clerk statement of assessment, 160, 208.

And list of Separate School supporters, 160, 208.
To distribute legislative and county grant among sections and
divisions of each township, 171, 208.

How and when distribution to be made, 171.
How payable, 171.

Notice of amount due each section to be sent to secretary-
treasurer thereof, 172, 208.
Duties of, before paying, 172.
To apportion legislative grant for improving the fifth form of Public

Schools, 172.
To deduct from county grant amount due Separate School trustees,
162.
To give order on township treasurer for amount of deduction,
162.
Signing contract between teacher and trustees not a contracting

party, 189.
May suspend certificate of teacher refusing to carry out agreement

with trustees, 189.
May suspend certificate of teacher for misconduct, etc., 194, 208.
To notify trustees and teacher of suspension, 194, 208.
Duty of, as to suspension, 195, 208, 408.
Not liable for mistakes in law or errors in judgment, 195.

556

iNUIiX.

}

ill
!

INSPECTORS (Continued)

Appeal from decision of, to Minister of Kducation, 195.
To report suspension to Minister in certain cases, 195.
When to call meeting of County Board of Examiners to con-
sider, 195.

'I'o notify teacher of meeting, 195.

Qualification for appointment, 200.

No acting teacher or trustee can be appointed, 200, 226.

Each county council to appoint one for that county, 201.
I'roviso as to appointment in certain cases, 201.

Jurisdiction of, 201.

County councils may appoint additional inspectors, 201.

" " " change inspectors, 201.

County warden may fill vacancy in office of, 202.
Notice of appointment of, to be sent to Minister of Education, 202.
Conditions of dismissal of, 202.
Duty of, on retiring from office, 202, 206.
Additional allowance to, by Lieutenant-Governor, 202.

Appointment of, in territorial districts, 202.
Additional remuneration to, 202.

Duties of county, 203-:io8.

To visit each schoolhouse onre each term, 203.

Have supreme authority in schools when visiting, 203,

May advise teachers or pupils, 203.

To examine state of school when visiting, 204.
To deliver lectures, 204,

To withhold order for payment of grant, when school open for
less than six months in year, 205.

When trustees fail to comply with school law, 205.

When teacher allows use of unauthorized text-books,
205, 220.
To give information and report to Minister, 205.
To recommend aid to new or weak schools, 205.
To call special school meetings, 206.
To give temporary certificates to teachers, 206.

When temporary certificates may be granted, 206.
To deliver up all papers when retiring, 206.
May approve of change in text-books, 208, 220.

Indkx.

557

:ation, 202.

INSPECTORS (Continueci)
Of cities and towns, 209 211.
Powers and duties of, 209.

Appointment of, l)y Public School trustees, 209.
Dismissal of, by trustees or Lieutenant-Governor, 209.

Conditions of reappointment, 209.
When more than one may be appointed, 209.
Payment of salaries of, 210.
Grants in aid of salaries of, 210.
Not to hold other offices, 210.
May swear witnesses in certain cases, 21 1.
Superannuation of.

Contribution to superannuation fund by, 213.

Conditions entitling, to share in fund, 213,

Repayment of contril)utions to fund to wife of deceased, 213.

Retiring before sixty not disqualified from sharing in fund in

certain cases, 213.
Proof of disability to be furnished bj', under sixty, 214.
Right of, contributing to fund to retire on reaching sixty, 214.
When entitled to payment from fund, 214.
Under sixty entitled to share in fund under certain conditions,

215-
Extra allowance to, from fund in certain cases, 215.
Suspension of allowance from fund on resuming teaching, 216.
Continuance of allowance on again retiring, 216.
Forfeiture of claims to fund, 216.
Result of not taking advantage of Act, 217.
Repayment to contributors of amount of, 217.
To settle disputes as to distance from school of non-resident

pupils, 217.
Not to act as agent for sale of books, maps, etc., 238.
Meaning of " Inspector " in T/ie Truancy Act, 241.
Departmental Regulations respecting duties of, at Departmental
examinations, 371-375.
Remuneration of, 376.
Departmental Regulations respecting qualification of, 403.

" duties of county, 404-409.

To furnish secretary of Teachers' Institute with list of teachers,
404.

558

Index.

I!i!

INSPECTORS (Cuntinued)

To spend half a day each term in each school, 404.
To satisfy himself as to progress made by pupils, 405.
To examine into methods of instruction, 405.
'I'o teach model lessons, 405.

To ascertain nature of discipline exercised by teacher, 405.
To examine equipment of schoolhouse, 406.
To report to trustees matters requiring their attention, 40O.
To give advice to teachers, 406.
To see that no unauthorized books used, 407.
To withhold school grant in certain cases, 407.
To divide school grants, 407.
To decide complaints as to elections, 407.
To grant temporary certificates, 408.
To suspend teacher's certificates, 408.
To visit County Model School, 408.
To examine pupils, 408.
Departmental Regulations as to duties of, in cities and towns, 409.

" " " " " Separate Schools, 409.

« " ' Model Schools, 409.

•* " " " " Normal Schools, 409.

" " '• " '■ High Schools, 410.

" " respecting powers of, 410.

INSTRUCTION

What to be given in High Schools, 263.

INSURANCE

Rural School trustees to insure schoolhouse. 52.

INTERPRETATION CLAUSE

Purpose of, 1 3.

JUSTICE OF THE PEACE

Penalties under The Public Schools Act may be recovered before

a, 225, 226, 230, 231, 237, 239.
May excuse child between eight and fourteen years from attendance

at school, 243, 245.
Summary convictions before, 426-428.
Appeals from, to General Sessions, 428-430.

Indkx.

559

KINDERGARTEN SCHOOLS

Establishment of, 4.

Age of pupils in, 4, 22.

Course of instruction in, 23.

Regulations respecting certificates of directors and assistants in, 380.

Regulations respecting examinations, 381.

LEAVING EXAMINATIONS

To be held annually in Public Schools, 200,

Subjects of, 200, 330-332.

Regulations respecting, 330-334.
Regulations respecting High .School, 369, 370.

" acceptance of certain University exam-

ipaiions in lieu of Senior, 378.

LECTURES

Inspectors to deliver, 204.

LEGISLATION

Repealed Acts relating to Public Schools, 10-12.
Separate, respecting High Schools, 253.

LEGISLATIVE ASSEMBLY

Departmental Regulations and Orders in Council to be submitted

to, 8.
May disapprove of, 9.
LEGISLATIVE GRANT

Department to regulate distribution cf, 6.

Apportionment of, when and how made, 170.

Notice of apportionment to be given to municipal clerks, 1 70.

How and when paid, 171.

County inspector to distribute among sections and divisions of

each township, 171, 208.

How and when distribution to be made, 171.
How payable, 172.

Notice of amount of, payable to each section, to be given to

secretary-treasurer, 172, 208.
Duties of inspector before paying, 172.
Duty of township treasurer to pay order of inspector, 1 7 2.

560

Index.

LEGISLATIVE GRANT (Continued)

For improving fifth form of Public Schools, 172.

How inspector to apportion, 172.
Aid to Teachers' Institutes from, 199.
May be withheld by county inspector,

When school open for less than six months in a year, 205.

When trustees fail to comply with school law, 205.

When teacher allows use of unauthorized text-books, 205, 220.
Inspector to deduct amount due Separate Schools from, 208.
Apportionment of, by Minister of Education among High Schools,
299.

Basis of apportionment, 299.

To be paid to treasurer of High School Board, 299.
When, 299.

Notice of apportionment to be given to county clerk, 299.

Schools disentitled to share in, 299.
Departmental Regulations respecting distribution of, 336-341.

Basis of distribution, 336-341.

Schedule of distribution, 342.

(See Grants; ATunicipal Grants ; Legislative Grant.)

LIEUTENANT-GOVERNOR

Additional allowance to inspectors may be made by, 202.
Appointment of inspectors in territorial districts by, 202.
Remuneration to inspectors, 202.

LIBEL

What is a privileged communication respecting teachers, 195.

LIBRARIES

Municipal councils may raise money for establishment of, 161.

LIMITATION OF ACTIONS

Action by teacher for salary to be brought within three months,
189, 191.

LOANS

From municipal corporations to poor school sections, 158.
By issue of debentures, 163-168.

Rural School trustees may apply to township council for, 163.

Index.

561

LOANS (Continued)

Application for, must be sanctioned by ratepayers, 163.
Right of ratepayers to object, 164.
Purposes for which loans can be made, 163,
How loan to be repayable, 163.
Township council must pass by-law for raising, 163.
Contents and form of by law for raising, 163, 164.
Rate of interest to be paid for, 164.
Applications for, by union school section, 165.
VVhat municipality to pass by-law for, 165.
Contribution by other municipalities for payment of, 165
Liability of taxable property in school section for, notwith-
standing alteration, 165, 166.
Expenses of raising, by whom to be paid, 166.
Applications for, by township board and trustees of cities
etc., 166. '

To be made to municipal council, 166.
When question of, to be voted on, 166.
Who may vote, 167.

When question of, need not be voted on, 167.
From Ontario Municipalities Fund, 169, 170.
Terms of, 170.

MAINTENANCE

Meaning of, 256.

High School trustees to apply to municipal councils for, 270
When, 270.

Estimates need not show how sums required made up, 271.
What is a sufficient application, 271.

Collection of sum required for, in case of united counties
271, 290. '

Municipal grants for, 282-287.

What to be paid by county councils, 282.

When, 282.
Powers of county, city, and town councils under T/ie Mum-

tv'iJrt/^c/' to aid High Schools, 282.
Liability of united councils for, 282.
Of county pupils in city or town High Schools, 283.
Settlement of amount of, by agreement, 284.
36

I* Is '

562

Index.

il!

MAINTENANCE (Continued)

Disputes as to, to be referred to County Judge, 284.
Duty of trustees in case of dispute, 284.
" chairman " *' 285.

Award of referee binding for three years, 285.
Costs of reference, 285.

Rates for, to be levied by county council, 285.
Of county pupils by municipality outside High School district,
285, 307.
Such municipality not liable for other rates, 286, 308.
Councils in High School districts to levy and collect certain

sums for, 286.
Contribution by several municipalities composing High School

district for, 286, 287.
County councils may raise further sums for, 290.

MANDAMUS

Township council may be compelled to levy school moneys by, 60.
When refused, 60, 61.
When granted, 61, 62.
Trustees may be compelled to raise money to pay teacher's salary
by, 62.
MAPS

Township clerk to prepare map of school sections, 25.

Penalty for not preparing, 26, 225.
Evidence of division of township into school sections, 25.
Teachers, trustees, and inspectors not to act as agent for sale of,
238.

MASTERS

Of Normal Schools, Department to appoint, 7.
Of Model " " '■' 7.

MASTER AND SERVANT

Trustees and teacher cannot be regarded as, under Act respectr.iii,
188.

MARGINAL NOTES

No part of statute, 12.

MATRICULATION EXAMINATIONS

Regulations respecting, 370, 371.

(See Examinations.)

ge, 284.

55-

lool district,

286, 308.
illect certain

High School

Dneys by, 60.

cher's salary

Index.

563

3, 25.

X for sale of,

ct respect!. ig,

MECHANICS' INSTITUTES

Establishment of, 5.
Purpose of, 5.

MEDICAL HEALTH OFFICER

Duties of, under TAe Public Health Act, 147, 185, 186.

MEETINGS

In Rural School sections.

When held, 27, 28.

Notice for, 28.

Ratepayer may call to order, 28.

Rules for conducting, 28, 29.

Penalty for not calling, 29.

Duties of chairman at, 29.
" secretary at, 29.
On formation of new school section.

How called, 35.

By whom called, 35.

Organization of, 36.
What is a lawful school meeting, 44.

For election of trustees in cities, etc., 127.
When held, 128.

First meeting of board of trustees in cities, etc., 142.

When held, 142.
First meeting of Board of Education, when held, 142.
First meeting of Board of High School Trustees, 268.

When held, 468.

MILITARY INSTRUCTION

May he given in High Schools, 300.

MINISTER OF EDUCATION
How appointed, 3.

Annual report to Lieutenant-Governor by, 8.
Submission of special case to Judge by, 8.
May settle disputes and complaints in certain cases, 8.
Powers of, as to Separate Schools not affected by The Education

Department Act, 9.
Questions of expenditures by Rural School trustees to be sub-
mitted by auditors to, 48.

564

Index.

&■' .'*

MINISTER OF EDUCATIOK (Continued)

May decide appeal from award for formation, etc., of a union

school section, 116.
May appoint arbitrators to determine matter of formation, etc., of
union section, 116.

To call first meeting of arbitrators, 116.
To apportion legislative grant, 1 70.

When and how, 170,
May hear appeal from suspension of teacher's certificate by in-
spector, 195.
Suspension of certain certificates to be reported to, 195.
May give aid to Teachers' Institutes from legislative grant, 199.
Appeal by, to High Court from Division Court, 223.

Duties of Division Court Judge on, 223.
High School trustees to report yearly and half-yearly to, 274.
May confirm or disallow provisional admission of pupils to High

School, 295.
To apportion legislative grant among High Schools, 299.
Basis of apportionment by, 299.

MINUTE BOOK

Secretary-treasurer of rural trustees to keep, 41.

MINUTES

Copy of, signed by chairman and secretary of Rural School meet-
ing, to be sent to county inspector, 30, 37.
To be sent by chairman, 30, 37.
Penalty for not sending, 37, 232.
How recovered, 37, 233, 239.

MODEL SCHOOLS

Establishment of, 5.

Purpose of, 5.

Department may convert Separate Schools into, 7.

Examiners for, how appointed, 8.

Trustees in cities to constitute, for training teachers, 149.

Municipal councils may raise money for support of, i6r.

Establishment of, by County Board of Examiners, 197.

One school in each county to be set apart as, 197.

Discretion as to establishment of more than one, 198.

Index.

565

School nieet-

MODEL SCHOOLS (Continued)

Discontinuance of, by County Board of Examiners, 198.

When may be made, 198,
Aid to, from county councils, 198.

Departmental Regulations respecting establishment of, in counties
381,382

Purpose of, 381.

Conditions under which established, 382.

Departmental Regulations respecting establishment of, in cities,382.

" as to duties of teachers in training in,

Course of study in, 383.
Examinations in, 384.

"MONEY HAD AND RECEIVED"

Action against secretary-treasurer for, 42.

MONEYS

Raioed for High School purposes to be paid to High School
treasurer, 291.

(See School Moneys.)

MOTIONS

When names of members voting "yea "and "nay" entered on
minutes, 30.

MUNICIPAL ACT

Powers of trustees under, 157, 158.

May borrow from municipal corporations for school purposes
157.
Powers of county council to establish High Schools under, 262.

MUNICIPAL CLERK

(See Municipal Councils.)

MUNICIPAL CORPORATIONS

May lend to Public School trustees, 157.
May grant aid to poor school sections, 158.
Liability of, for default of treasurer, 175.

566

Index.

MUNICIPAL COUNCILS

Member of, cannot be member of Board of Education, 21.

In municipalities without county organization may form schoo

sections and establish board of trustees, 76.
May appoint arbitrators to determine on formation, etc., of a union
section, no.
When, no.

Notice to be sent to inspectors, no.
Award or certified copy to be filed with clerk of, 114.
Award binding for five years, 114.
May enlarge boundaries of union section, 114.
May grant aid to poor school sections, 158.
May raise money by assessment for establishment of Public School
libraries, 161.

For aiding new or weak schools, 161.
" support of Model Schools, 161.
" supplementing teachers' salaries, 161.
Duties of clerk of, 160-162.

To give copy of assessment roll to inspector, 160.

To furnish statement of assessment to each board of trustees,

161.
To make return to inspector showing rating of Separate School

supporters, 162.
Penalty for failure or neglect of, 161, 162, 225.
Appointment of High School trustees by, 265, 266.

Member of county council cannot be a trustee, 265.
Must be by by-law, 265.
Term of office of trustees, 265, 266.
Applications to, by High School trustees, for " maintenance," 270.
Estimate need not show how sum required made up, 271.
What is a sufficient application, 271.
Collection of sum required for, in case of united counties, 271.

(See City Council ; County Council ; Township Council)

MUNICIPALITY

Meaning of, 254.

MUNICIPALITIES WITHOUT COUNTY ORGANIZA-
TION, 76

Index.

567

21.

)rm schoo

, of a union

14.

blic School

of trustees,
irate School

>5-

nance, 270.
up, 271.

ounties, 27 r.
tncil.)

^GANIZA-

N
NARCOTICS

Department to regulate study of, 7.

NIGHT SCHOOLS

Establishment of, 4.

Age of pupils in, 4.

Departmental Regulations respecting, 334, 335.

NOMINATIONS

(See Trustees; Elections.)

NON-RESIDENTS

Attendance of children of, at Public Schools, 23.

NON-RESIDENT PUPILS

Admission of, to Public Schools, 23, 217.

Disputes as to distance from school in case of, to be settled by
inspector, 217,

Conditions of attendance of, 217, 218.
Fees of, 2 1 8.

Liability of parents of, for school rates, 218.
Children in House of Refuge to be deemed, 218.
Payment of fees of, by county council, 218.
Meaning of, in The High Schools Act, 255.
Fees of, attending High School, 292.
Payment of fees of, by county council, 292, 308.
Right of, to attend any High School in discretion of trustees, 295.

NORMAL SCHOOLS

Establishment of, 5,

Purpose of, 5.

Departmental Regulations respecting, 388-393.

NOTICE

(See Arbitration; By-Lazvs ; Candidates; County Board of
Examiners ; County Councils ; Elections ; Exaviinations ;
Forms; High School Sites; Inspectors; Legislative Grant:
Meetings; Municipal Councils; Owner; Police Commissioners:
Rural School Sites ; Secretary; Secretary-Treasurer; Township
Councils ; Truant Officers ; Trustees ; Union School Sections ;
Unorganized Townships.)

568

Index.

lit!

OATH

(See Affirmations ; Trustees ; Election of Trustees.)

OFFICE

Acceptance of, by trustee, what constitutes, 33.
Term of office,

Of Rural School trustees, 36, 37.

" trustees in cities, etc., 125, 126, 127.

" " " city of Toronto, 126.

" High School trustees, 265, 266, 267.

" trustee elected to fill vacancy, 34, 141, 267.
Resignation of, by trustee, when allowed, 34.
Of trustee, how vacated, 34, 227, 231.

OFFICERS

Necessary, to be appointed by trustees, in cities, etc., 145.

ONTARIO MUNICIPALITIES FUND
What it is, 1 70.
Loans from, to Rural School trustees, 169, 170.

ONUS OF PROOF

Of age of child lies on defendant in proceedings under The
Truancy Act, 252.

ORDER

Action arising out of illegal order, when to be brought, 177.
Notice of intention to bring, to be given, 177.
Length of notice, 177.
To be brought against municipal corporation alone, 177.

ORDER OF BUSINESS

At Rural School meetings, 29.

Regulations respecting, at all school meetings, 416.

ORDERS IN COUNCIL

To be submitted to Legislative Assembly, 8.

OWNER

Meaning of, 16.

Refusing to sell land selected for a Public School site, 92-98.

Arbitrators to be appointed by trustees and, 92.

Inspector to act with them to appraise damages, 92, 207.

Indkx.

569

OWNER (Continued)

When owner can refuse to submit to arbitration, 93.
Powers and duties of arbitrators, 94.
To settle rights of claimants, 94.
To notify claimants, 94.
Award of arbitrators to constitute trustees' title to land of, 95.
Award to be registered, 95.
Absence of owner of land selected for a Public School site, 98, 99.
Proceedings to be taken by trustees, 98.
Appointment of sole arbitrator by County Judge to deter-
mine compensation, 99.
Award to constitute trustees' title to land of, 99.
Award to be registered, 99.
Refusing to sell land selected for a High School site, 275.

Proceedings to be taken, 275-277.
Absence of owner of land selected for a High School site, 278.

Proceedings to be taken by trustees, 278-280.
Liability of, to pay school rate on default by his tenant, 304.
(See Arbitration ; High School Sites ; Rural School Sites.)

inder The

PARENTS

Duty of, to compel attendance at school of children between eight

and fourteen years, 243.
Reasons excusing, from liability for non-attendance o: Id at

school, 248.

Child under efficient instruction at home or elsewhere, 243.

What is efficient instruction, 244.
Child unable to attend on account of sickness, 243.
No school within certain distance, 243.
No accommodation at school which child has a right to

attend, 243.
If child excused by Justice of the Peace or principal of

school, 243.
If child has passed High School entrance examination, 243.
If a Roman Catholic, from attendance at a Public School, and

vice versa, 244.

Complaints by truant officer against, for violation of The Truancy
Act, 247.

\^1

570

Indkx.

PARENTS (Continued)

Liability of, to fine on conviction, 247.

May be b^und over to cause child to attend school, 247, 248.

PENALTY

For failure by township clerk to give copy of assessment rolls to

inspector and trustees, 161.
For failure by township clerk to make return showing rating of

Separate School supporters, 162.
For allowing use of unauthori-^d text-books, 178, 220, 302.
'* " substitution of unauthorized textbooks, 59, 221, 302.
Recovery of, 221, 302.
For neglect or refusal by township clerk to prepare and furnish
school section map, 26, 225.
Recovery of, 26, 225.
For making false declaration of right to vote, 32, 226.

Recovery of, 32, 226.
For disqualified person acting as trustee, 226.
For not calling school meetings, 26, 63, 230.

Recovery of,
For neglect of secretary-treasurer to notify trustees of meetings, 43,
^30.

Recovery of, 44, 230.

For disturbing school meetings, 230, 301.
Recovery of, 231, 301.

For refusal to'serve as trustee, 79, 231.
" refusal or neglect by trustee to perform duties of office, 231.
Recovery of, 231.

What is not a neglect to perform duties of office, 231.
For refusal or neglect by trustees to exercise corporate powers, 231.
Refusal or neglect must be wilful to render trustees personally
liable, 232.
For neglect by chairman to transmit minutes of annual school

meeting to inspector, 37, 232.
Liability of trustees for neglecting to take security from secretary-
treasurer, 39, 233.
Liability of trustees for lost or embezzled school moneys, 233.
When a trustee cannot embezzle, 42, 233.

Index.

571

PENALTY (Coutitiued)

VoT refusal or neglect of trustees or secretary treasurer to account
for school papers or moneys, 42, 234.

Procetdings to recover school papers or moneys, 42, 234, 235.
Other proceedings against secretary or sureties not affected, 236*
For refusal by trustees to give information to auditors, 45, 236.
For neglect by rural trustees to send semi-annual returns to

inspector, 65, 236.
For neglect by trustees to send yearly returns to inspector, 65, 237.
for signing false reports, 65, 237.
For keeping false school register, 179,237.
For making false returns, 65, 184, 237.
Recovery of penalty, 65, 237.
Application of penalty, 65, 238.
Personal liability of trustees for moneys lost through neglect of
duty, 238.

Recovery and application of amount lost, 238.
For refusal by teacher to give up visitors' book, 183, 190, 238.
•• " '* schoolhouse key, 183, 190, 238.

♦♦ '* " school register, 183, 190, 238.

" •* " school property, 183, 190, 238.

Recovery of fines and penalties under The Public Schools Act, 239.
For employing children during school hours, 244.
On conviction by parent or guardian for violation of The Truancy

Act, 247.
For neglect by truant officer to perform duties, 247, 251.
For neglect by trustees to report truancy cases to truant officer,

249, 251.
Not imposed in certain cases, 252.

For neglect of duty by High School teacher under agreement with
trustees, 298.

PERMANENT IMPROVEMENTS

Meaning of, 255.

Sums required for, to be raised by municipalities comprising High

School district, 287.
Applications by High School trustees to county council for, 287.

When to be made, 287.

Must be corporate act of board, 287.

Must be independent, 288.

572

Index.

PERMANENT IMPROVEMENTS (Continued)
Issue of debenture by municipal councils for, 287.
Term of debentures, 289.
Proceedings on refusal of council to issue, 288.
May issue without submission to vote of electors, 289.
Apportionment of loan for, among municipalities forming High
School district, 288, 289.
County councils may raise further sums for, 290.
Apportionment of grant for, among united counties, 290.

POLICE COMMISSIONERS

May appoint truant ofilicers, 245,

" make regulations respecting truant officers, 246.
To give notice of appointment of truant officers to Department, 246.

POLL

( See Elections ; Trustees.)

POLL BOOK

(See Chairman ; Elections ; Trustees.)

PREPARATORY CLASSES
Abolished in High Schools, 264.

PRESUMPTION

Of proper appointment of secretary-treasurer, 43.
As to legal quorum, 144.

PRIMARY EXAMINATIONS

Departmental Regulations respecting oral, 358-362.

369-370.

PRINCIPAL

To prescribe duties of assistant teachers, 177.

Responsible for organization and discipline of school, 177.

To consult with inspector on certain matters, 177.

Meaning of, in The Truancy Act, 241.

May excuse child between eight and fourteen from attendance at

school, 243, 245.
or High School, qualification for, 296.
" *' Departmental Regulations as to, 402.

PRIVILEGED COMMUNICATION

What is, respecting teachers, 195.

Index.

57i

[89.

ming High

tment, 246,

77-

endance at

PROCEEDINGS

At school meetings, complaints as to, to be made to inspector, 50,
3I1 37, 38.

Inspector may investigate, 38, 207.
May confirm or set aside, 38,
Time for making complaints, 38, 39.
Allowance to inspector investigating, 212.

PROFESSIONAL CERTIFICATES

Departmental Regulations respecting classification of, 379.
PROHIBITIONS

Trustee of a school section not to be an inspector, master, or

teacher, 226.
Master or teacher not to hold office of trustee, 226.
Inspector not to be teacher or trustee, 226.
Seat of trustee vacated by conviction for crime, 34, 227, 301.
" insanity, 34, 227, 301.

" absence from board meetings for three
months, 34, 227, 301.

Must be declared vacant by remaining trustees, 227, 301.
Seat of trustee vacated by interest in contract with corporation,
34, 227, 300.

Exception in case of secretary-treasurer, 227.
Contract need not be binding on board, 228.
What interest will disqualify, 228, 229.

" " not " 228, 229, 23c.

Immaterial that name of trustee in or not in contract, 228.
Time to which disqualification relates, 228.
Proof of agency alone will not disqualify, 229.
Seat must be declared vacant by formal resolution, 229,
Quo tvnrriDtto proceedings to declare seat vacant, 229.
No teacher, trustee, or inspector to act as agent for sale of books,
maps, etc., 238

PROMISSORY NOTE

Rural trustees may borrow money on, to pay teacher's salary, 62.
Not to bear interest at more than eight per cent., 62.
Must be under corporate seal, 62.
PROTEST

Against legality of school meeting, chairman cannot receive, 30.

574

Index.

il!

PROTESTANTS

Not required to attend Roman Catholic Separate School, 252.

PROVINCIAL MODEL SCHOOLS

(See Model Schools.)

PROVINCIAL NORMAL SCHOOLS

Departmental Regulations respecting, 388-393.
Duties of principals and masters in, 389.

" teachers-in-training in, 389.
Course of study in, 390.
Examinations in, 390, 391.
Instructions to examiners, 391-393.

PROVINCIAL TREASURER

To pay legislative grant when apportioned, 171.
When and to whom, 171.

PUBLIC EXAMINATIONS

To be held by teachers every term, 183.

PUBLIC HEALTH ACT

Duties of teachers under, 185, 186.

" medical health officer under, 185, 186.

PUBLIC MONEYS

Bond of county treasurer to apply to, 174.

PUBLIC SCHOOLS

Department may make regulations for, 6.
Existing constitution affirmed, 17.
Establishment of, 4.
Age of pupils at, 4, 22.
To be free, 22.
Admission to, 22.

Must be accommodation, 22.

Proper application for, to be made, 22.

Subject to provisions, of The Public Health Act, 22.

In case of children entitled to attend Separate Schools, 23.
Attendance at, when compulsory, 22, 242.

Reasons excusing compulsory attendance, 22, 243.
Trustees to provide adequate accommodation in, 22, 145.
Right of pupils to attend, 22, 54, 55, 56, 57.

Index.

575

)1, 252.

lools, 23.

PUBLIC SCHOOLS (Continued)
Course of instruction in, 23, 321-330.
Admission to, of non-resident pupils, 24, 217, 218.
Departmental Regulations as to site and outside premises of, 312.
" " schoolhouse, 313.

" " school furniture and equipments,

313-315-
Departmental Regulations as to school hours, 316.

" " duties of pupils, 316-319.

Attendance at school, 316, 317.
Absence from school, 316. ,

Suspension of pupils, 317.
Expulsion of pupils, 317.
Transfer to other schools, 317.

Suspension of a pupil suffering from, or exposed to, a con-
tagious disease, 317.
Absence from examinations, 318.
Obedience to teachers, 318.
Pupil must possess proper school books, 318.
Payment of fees by, 318.
Injuring school property, 319.
Certificatesof good conduct of, 319.
Departmental Regulations as to duties of t;Mchers in, 319-321.
Principals and assistants, duties of, 319.
To see that schoolhouse ready for reception of pupils, 319.
To classify pupils, 319.
To prepare time-table, 319.
To prevent use of unauthorized text-books, 319.

Penalty for non-performance of this duty, 319.
To make promotions, 320.
Discipline and management of pupils, 320.
Ventilation and cleanliness of schoolhouse, 320.
To see that school grounds, etc., kept in order, 320.
To see no damage to school property, 320.
To notify trustees of necessary repairs or supplies, 320.
To employ caretakers, 320.
To make returns and furnish information to inspector and

Education Department, 320.
To attend Teachers' Institutes, 321.

576

Index.

PUBLIC SCHOOLS (Continued)

To notify trustees of absence through sickness, 321.
To conduct schools properly, 321.
To take no collections, etc., from pupils, 321.
To make no announcements except for school purposes, 321.
Not to make up lost time by teaching on holidays, 321.
Departmental Regulations as to course of study in, 321-330.

" " " leaving examination in,

To be held at same time and by same examiners as High

School entrance examination, 330.
Provisions respecting, 330-334.
Time-table for, 334.

(See Schools.)

PUPILS

Right of, to attend school, 54, 55, 56, 57.

When refractory, may be dismissed by trustees, 57, 148.

Readmission of, 57.
How deprived of right to attend school, 58.
Teachers to classify, 178.
Suspension of, by teachers for misconduct, etc., 180, 181.

Teachers have only power to suspend, 180.
Right of teachers to administer corporal punishment to, 181, 182,
318.

Must not be excessive, 182, 318.
Teachers to look after health of, 185, 186.
Admission of non-resident pupils to Public Schools, 24, 217.
Fees of non-resident pupils, 218.
From House of Refuge, 218.

Fees of, to be paid by county council, 218.
Liability of parents of non-resident pupils for school rates, 218.
High School trustees may expel, 271.

Extended power of High School trustees, 272.
High School trustees may suspend for refusal to produce certificate

of vaccination, 272, 295.
May be prevented from attending High School if suffering from or

exposed to a contagious disease, 296.
Provision for attendance of High School pupils at Toronto
University and Upper Canada College, 290.

•poses, 321,
321.

-330-

rs as High

5i.

, 181, 182,

,217.

;es, 2 1 8.

e certificate
ing from or
It Toronto

Index.

577

PUPILS (Continued)

Fellowships in Toronto University and Upper Canada College for

competition among High School, 291.
Departmental Regulations respecting duties of, in Public Schools
3if'3i9-

(See Public Schools.)
Departmental Regulations respecting duties of, in High Scliools,343.

QUALIFICATION ^

Of Rural School trustee, 27.

Of members of township board, 78.

Of Public School trustees in cities, etc., 124.
Of High School trustees, 267.

QUORUM

Majority of board of rural trustees forms, 39.

township board forms, 79. '

Of board of trustees in cities, etc., 144.
What constitutes, 144.

Majority of quorum necessary to bind board, 144.
Acts of board without a legal quorum void, 1 44.
Presumption as to legal quorum, 144.

Of County Board of Examiners, what, 196.
Of Board of High School Trustees, what, 268.
QUO WARRANTO

Proceedings to declare seat of trustee vacant, when to be taken, 229.

RATES • ^

For Public Schools not to be collected from supporters of
Separate Schools, 17.

How raised for Separate Schools, 17.
RATEPAYER

Meaning of, 16, 27.
Who is a, 16, 27.

Must be resident to be elected trustee, 17.
Voluntary subscription by, for expenses of school, illegal 62
Concurrence of, needed in selection or change of schoo'l site, 86
certificate of municipal clerk to be evidence of number of in
municipality, 262. '

'^^

578

Index.

REFERENCE

To County Judge to settle amount due by county council for main-
tenance of county pupils, 284.
Decision of Judge to be binding for three years, 284.
Costs of reference, 285.

(See School Register.)

RELIGIOUS EXERCISES

Departmental Regulations respecting, 411, 412.

J ^ XxIOUS INSTRUCTION

f ae required if objected to by parents, 24.
Parents may decide on. 24.
What authorized, 24.

REPAIRS

Teachers to notify trustees if necessary, 187.

REPORTS

Department to prescribe forms of, 7.

To be made by teachers to Department, 1 84.

Penalty for signing false, 184, 237.
To be made by trustees in cities, etc., to Minister of Education, 151.

Penalty for not sending, 237.
" " making false, 237.
To be sent by High School trustees to Minister of Education, 274.

When, 274.

RESERVATION

Of land for school purposes vests property in trustees, 5 1 .

RESIDENT PUPILS

Meaning of, 254. .

Fees of, attending High Schools, 292.

RESOLUTION

Passed at annual meeting may be rescinded at special meeting, 64.
Action arising out of illegal, when to be brought, 177.

Notice of intention to bring, to be given, 177.

Length of notice, 177.

To be brought against municipal corporation alone, 177

icil for main-
!84.

Index.

Lication, 151.

ucation, 274.

51-

meeting, 64.

579

ne, 177

RETURNS

To be made by Rural School trustees to inspector, 64.
Penalty for not sending, 64, 65, 236, 237.
" " making false, 65, 237.

To be made to Education Department by trustees in cities etc.,
151.

Penalty for not sending, 237.
" " making false, 237.
To be made by teacher, 184.

Penalty for making false, 184, 237,
RETURNING OFFICER

(See Elections : Trustees.) -

ROMAN CATHOLICS

Repeal of certain Acts respecting Public Schools not to affect

Separate Schools for, 240.
Children between eight and fourteen years being excused from

attendance at Public School, 244, 252.

RURAL SCHOOL SITES

Selection of, and taking land for, 85-100.

Special school meeting to be called to consider change of

school site or selection of new site, 85, 86,
Notice calling meeting, stating reasons therefor, to be sent

out, 86.
When question of school site arises, 86.
Trustees can enlarge school site without concurrence of rate-
payers, 86, 96.

Concurrence of freeholders necessary in the selection of new
site, 86.

Selected site may be changed by a subsequent meeting, 86.
No limitation to change in selection of a school site, 86, 87.
What special meeting to change or select site to pass upon, 87.
Change or selection of school site should be presented free

from other questions, 87.
When relief granted against trustees wrongfully building on

site, changed by competent authority, 87.
VVhen majority of ratepayers disagree, arbitrators to be named

by each party, 87, 88.

iir^ "'

580

Index.

RURAL SCHOOL SITES (Continued)

County inspector to act as third arbitrator, 88.

If arbitrators not named at meeting rejecting site, may be

named at subsequent meeting, 87.
Arbitrators to award on matters submitted to them, 88.
Who may be chosen as arbitrators, 88.
Fraud or collusion on part of arbitrators voids award, 88.
Arbitrators to be notified of their appointment in writing, 88.
Should accept office in writing, 88.
Majority of arbitrators decides matters submitted to them,

88, 89.
Notice of meeting to be given to arbitrators, 89.
Meeting should be adjourned for ten days if any arbitrator

absent, 89, 94.
Notice of adjourned meeting to be sent to arbitrators, 89, 94.
Two arbitrators can act at subsequent meeting, and make

award, 89.
Award made at subsequent meeting, without notice thereof to

absent arbitrator, invalid, 94.
Arbitrators to hear evidence on both sides, 89.
Judges of the admissibility of evidence, 89.
When arbitrators can proceed and make award ex parte, 89.
Evidence to be taken in presence of parties or their counsel,

89.
Arbitrators cannot delegate their power, 89.
But may delegate ministerial acts, 89.
When award to be made, 89.
Time for making may be enlarged, 89, 90.
Award not binding if made after the time limited, 89.
Award to be in writing, 90.
Execution of award, 90.
When award made, 90.

Authority of arbitrators ceases when award made, 90.
When corrections and alterations allowed, 90.
Arbitrators not bound to give reasons for their award, 90.
Arbitrators may be called as witnesses to ^to\q facts occurring

during reference, 90.
Rights of parties to arbitration, 90.
Costs of arbitration, 90, 96.

ite, may be

[Ti, 88.

ard, 88.

1 writing, 88.

ted to them,

ny arbitrator

ators, 89, 94.
I, and make

ce thereof to

X parte, 89.
;heir counsel,

Index.

581

1,89.

;, 90.

.ward, 90.
^acts occurring

RURAL SCHOOL SIT.ES (Continued)

When award may be set aside, 91.

Restrictions as to revoking submission to arbitration, 91, 92.

When award may be reconsidered, 92.

Award binding for five years, 92.

When either party refuses or neglects to appoint arbitrator in-
spector with arbitrator appointed may act, 93.

Powers of inspector in such case, 93, 94.
Owner refusing to sell site selected for a new school site.

Owner and trustees each to appoint arbitrator to appraise
damages, 92.

Inspector to act as third arbitrator, 92.

When trustees can demand arbitration, 93, 96, 98.

When owner may refuse to sell or submit to arbitration,
93. 96.

In case of enlarged school sites owner has only a restricted
right, 93, 97.

Powers of arbitrators, 94.

Arbitrators to notify claimants in writing, 94.

Who are "claimants," 94.

Land may be taken by trustees on tender of amount of dam-
ages to owner, 95.

Trustees to retain out of damages amount sufficient to pay off
any encumbrances, 95.

Award of arbitrators to constitute title, 95,
" to be registered, 96.

Limits of new school site, 96.

Who may convey school sites, 97.
Proceedings in case of absence of owner of land selected for a
school site, 98, 99.

How compensation for land ascertained, 98.

Proof of absence of owner required, 90. •

Notice to owner, 98.

How served, 98.

Contents of notice, 98, 99.

Appointment of arbitrator by County Judge, 99.

Responsibility of trustee as to compensation, 99.

Compensation to stand in place of land, 99.

" liable to encumbrances against land, 99.

>'i.

582

Index.

RURAL SCHOOL SITES (Continued)

When compensation money to be paid into Court, 100.
Award to constitute title and to be registered, 100.
(See School Sites.)

SALARY

Municipal council may raise money for supplementing teacher's, 161.

Amount to which teacher entitled, 190.

Period for which teacher entitled to, during sickness, 190.

Protection of teacners in regard to, 191.

Differences between trustees and teachers as to, to be settled in

Division Court, 191.
How recovered under judgment against trustees, 191.
Of inspectors in cities and towns, payment of, 210.

" " " grants in aid of, 210.

Of High School teachers, trustees to give order on treasurer

for, 270.
Amount to which High School teacher entitled, 297.
Period for which High School teacher entitled to, during

sickness, 297.
Differences between High School trustees and teacher as to, to be

settled in Division Court, 298.
How recovered under judgment against High School trustees, 298.

SANITARY ARRANGEMENTS

Duties of trustees in cities, etc., as to, 146.

SCHOOLS

Number and grade of, to be determined by Public School trustees
in cities, etc., 148.
Trustees unlimited discretion as to number of, 148.
Teachers to see that schools ready for reception of pupils, 178,
Meaning of "school" in The Truancy Act, 241.

(See Public Schools ; Compulsory Attendance.)

SCHOOL AGE

In Kindergarten Schools, 4, 148.
In Public Schools, 4, 22.
In Night Schools, 4.

Assessors to make annual list of children of, under The Truancy
Act, 249.

lOO.

Cher's, i6 1.

settled in

I treasurer

to, during
IS to, to be
istees, 298.

»ol trustees

Is, 178.

Index.

583

e Truancy

SCHOOL APPARATUS

Public School trustees in cities, etc., to provide, 146.

SCHOOL ASSESSMENT

(See Assessment.)

SCHOOL BOUNDARIES

Powers of township councils to make territorial changes for school

purposes, 100-105.
Township council may pass by-laws,

To unite existing school sections, 100.

When, loi.

Must be by by-law, loi.

By-law must be under corporate seal, etc., loi.

" " define limits accurately, loi.
To alter boundaries, 102.
To divide an existing section, 102.
To unite part of one section to another, 102.
Persons interested in alteration to be notified, 102, 103.
What is a sufficient notice, 102, 103.
By-law invalid if notice not given, 103.
" need not state notice given, 103.
Powers of municipalities to alter boundaries within their townships,

103.
Alteration in, does not necessitate appointment of new trustees,

103. 105-
When by-law altering school boundaries takes effect, 104, 105.
By-law need not state when it goes into force, 104.
How long effective, 104.

Copy of by-law altering, to be sent to trustees, 104.
Effect of alteration on original section, 104.
What part continues to be original section, 104.
Effect of alteration on trustees, 104.

Responsibility of trustees of original section on alteration of, 105.
Liability of taxable property in original section on alteration of, 105.
Appeal to county council against township by-law altering, 105.
** " " " neglect or refusal of township

council to alter, 106.

Who may appeal, 105.

Time for appealing, 105, 106.

584

Index.

SCHOOL BOUNDARIES (Continued)

Appointmentof arbitrators bycountycounciltohearappeal, io6.

Powers of arbitrators, io6.

Who may be arbitrators, 107.

When alteration to take effect, 107.

Period during which alteration of, remains in force, -/.

Township clerk and trustees to be notified by inspector of

determination of arbitrators, 107.
Adjustment: of claims between unions in same township, 107,

108.
Appointment of arbitrators to settle, 108.
Who may be arbitrators, 108.
Powers and duties of arbitrators, 108.
Disposal of school property on alteration of, 108.

SCHOOL COLLECTOR

In school sections in unorganized townships.
Trustees to appoint, 7 a.
Who may be, 72.

Remuneration or commission of, 72, 73.
Should make declaration of office, 72.

Effect of not making declaration, 75.
To give security, 72.

Nature and form of, 72.

Extent of surety's liability, 72, 73.
Powers and liabilities of, 73-76.
May collect school rates under warrant from trustees, 74.

But not from non-residents, 74.
Cannot sue in his own name for rates, 74.
Can collect taxes in arrear when no return made, 75.
Appointment of a person as, does not void appointment of

previous collector, 76.
Need only demand taxes once, 76.
To be appointed by trustees in cities, etc., 145.
Duties and liabilities of, 176.
Should make declaration of office, 176. ,

Effect of not making declaration, 176.

SCHOOL CORPORATION

Existence not to cease from want of trustees, 34.

Indkx.

:)^"

«5

SCHOOL EQUIPMENT
Trustees to attend to, 58, 146.
Trustees to decide expense of, 59.

SCHOOL FUND

(See Legislative Grant ; County Grant.)

SCHOOL FURNITURE

In Public Schools, Departmental Regulations respecting, 31,?, 315.

335-

In High

SCHOOL HOURS

Departmental Regulations respecting, 316.
Employment of children during, 244,
Penalty for, 244.

SCHOOLHOUSE

Department to regulate equipment of, 6.
For what purpose to be used, 52.
Trustees to keep in repair, 52, 146.
" " rent or build, 52, 146.
" " insure if required, 52.
" not to permit use of, for other purposes, 52.
" may be restrained from doing so, 52.
Liability of trustees for erection of, 53.
Trustees to sue for trespass on, 53.
When schoolmaster may sue for trespass on, 53.
Position of, in school sections in unorganized townships, 66.
Money may be raised for purchase or erection of, 163.
By issue of debentures, 163.
" yearly rate, 169.

" borrowing from Ontario Municipalities Fund, 169.
Departmental Regulations respecting, 313.

High, 335.
SCHOOLHOUSE KEY
Teacher to deliver upj 183.

Penalty for refusing, 183, 190, 238.
SCHOOL LANDS

Who may convey, 50, 278.

Lands granted before 1850 for school purposes still vested in
trustees, 240.

586

IXDIiX.

15!

SCHOOL LAW

Questions of, may be submitted by Minister of Education to Judge
of High Court, 8.

SCHOOL MEETING

Penalty for disturbing, 230, 301.
Recovery of penalty, 231, 301.

(See Meetings.)

SCHOOL MONEYS

To be produced by secretary-treasurer when required, 41,
Cannot be embezzled by trustee not authorized to receive same, 41.
To be paid to secretary-treasurer, 41, 42, 168.

" disbursed by secretary-treasurer, 41.
How collected by auditors, 48.

Rural School trustees to apply to township council for, 60.
Application to be sent to township clerk, 60.

" " made in due form, 60.

Proper estimates for, to be submitted, 60, 61.
Cannot be raised by voluntary subscription among ratepayers, 62.
Trustees cannot enforce payment of voluntary subscription for, 6 2.
Expenses of publishing by-laws may be deducted from, 166, 168.
School trustees entitled to surplus in hands of township council

arising from collection of, 168.
Surplus, cannot be appropriated to general purposes of town-
ship, 169.
Rural trustees may apply to township council to raise by yearly

rate, 169.

May only be raised for certain purposes, 169.
Duty and liability of county treasurer to account and pay over, 173,

174.
Liability of county treasurer and sureties to municipality for, 173.
County treasurer responsible for loss of, through insolvency of

agent, 174.
Liability of municipal corporation for treasurer's default in, 175.
Bond of county treasurer to apply to, 173, 174.
Duties and liabilities of secretary-treasurer with respect to, 176.
Liability of trustees and secretary-treasurer for refusing to account

for, .2 34.

Index.

587

I to Judge

same, 41.

lO.

layers, 62.
)n for, 6 2.
166, 168.
ip council

of town-

by yearly

over, 173,

for, 173.
Ivency of

in, 175-

), 176.
) account

SCHOOL MONEYS (Continued)
Proceedings to recover, 234, 235.
Other remedies against trustees and secretary-treasurer not affected,

235-
(See Secreiarv- Treasurer : County Treasurer; Toivnship Treasurer.)

SCHOOL PAPERS

Liability of trustees and secretary-treasurer for neglecting or refusing

to account for, 234.
Proceedings to recover, 234, 235.

Other remedies against trustees and secretary-treasurer not affected,
235-
SCHOOL OF PEDAGOGY
Establishment of, 5.
Purpose of, 5.

Affiliation of, with High Schools, 7.
Departmental Regulations respecting, 393-402.
Duties of staff in, 396.

*' teachers-in-training in, 396, 397.

Course of study in, 397-400.
Examinations in, 398, 399.
Instructions to examiners in, 400-402.

SCHOOL PREMISES

Trustees in cities, etc., to provide, 146. ^

SCHOOL PROPERTY

Trustees to have custody and disposal of, 49, 152.
Who may convey to trustees, 50, 278.
Exemption of, from taxation, 51,

" ' High School property from taxation, 281.

Qualification as to exemption, 282.
Not seizable under execution, 51.

To be conveyed by trustees under corporate seal, 50, 152.
Disposal of, on alteration or union of sections, 108.
Teacher to deliver up, 183.

Penalty for refusing to deliver up, 183, 190, 238.
Damage to, to be prevented by teachers, 187.
Liability of trustees and secretary-treasurer for neglecting or

refusing to account for, 234.
Proceedings to recover, 234, 235.

588

Index.

SCHOOL PROPERTY (Continued)

Other remedies against trustees and secretary-treasurer not

affected, 235.
Vested in High School trustees, 281.
May be disposed of by High School trustees when not needed, 281.

SCHOOL RATES

Persons in school sections in unorganized townships exempt

from, 66.

Can be collected by collector under warrant from trustees, 74.

But only within limits of section for which trustees appointed,

75-
Property of non-resident cannot be levied on for, 74.

Cannot be sued for by collector in his own name, 74.

Action for, must be brought by trustee corporation, 74.

Promissory note not legal payment for, 74.

Replevin may be brought upon distress for, 75.

Need only be demanded by collector once, 76.
Collection and payment of, in union school sections, 116.

Payment over to trustees, 116.
When council has and has not option to raise moneys for, 150.
Township council not to levy more than one yearly rate, 169.

Except for purchase of school site or erection of schoolhouse,
169.
Liability of parents of non-resident pupils in Public Schools for, 218.
Liability of owner to pay, on default by tenant, 304.

SCHOOL REGISTER

Department to prescribe form of, 7.
To be kept by teacher, 179.

Penalty for keeping false, iV9, 237.

Recovery and application of penalty, 237, 238. '
Teacher to deliver up, 183.

Penalty for refusing to deliver up, 183, 190, 238.

SCHOOL SECTIONS
Meaning of, 16.
Formation of, 16.
Powers of township council regarding, 16,

Index.

589

iasurer not

leeded, 281.

ips exempt

trustees, 74.
s appointed,

74.
74-
n, 74.

16.

for, 150.
e, 169.
choolhouse,

)ols for, 2 1 8.

SCHOOL SECTIONS (Continued)
Formation of, in townships, 24.

To be designated by a number, 24.
Limits of, to be defined accurately, 25.
Assessors to value land in, 25.
Area of new, 25.
Township clerk to prepare map of, 25.

Penalty for not preparing, 26, 225.
Map as evidence of division of township into, 26.
Effect of alteration of boundaries of, 28.
Formation of new, proceedings on, 35.
Dissolution of, by council when no trustees elected, 35.
Disposition of section so dissolved, 35.
Assets of, on dissolution, 35.
Term of office of trustees of new, 36.
In unorganized townships, 65-76.

(See School Boundaries; Unorganized Totvnships ; Union School

Sections.)

SCHOOL SITES

Meaning of, 15.

Regulations as to, 15. ,

Securing and changing, 16.

Liability of trustees for purchase of, 146.

Trustees in cities, etc., may acquire land for, 152.

Money may be raised by issue of debentures for purchase of, 163.

Or, by yearly rate for purchase of, 169.

Or, may be borrowed from Ontario Municipalities Fund, 169.
Departmental Regulations respecting public, 312.

(See Rural School Sites ; High School Sites.)

SECRETARY

Of Rural School meetings.

Duties of, at Rural School meetings, 29.

" " election of Rural School trustee, 31.

To notify trustees when elected, 33.
To sign copy of minutes and poll book, 37.
Of County Board of Examiners, election of, 196.
Remuneration of, 196.

590

Index.

SECRETARY-TREASURER
Board to elect, 39.
To give security to trustees, 39.

Liability of trustees for neglecting to take securityfrom, 39, 233.
Liability of surety for, 39, 40.
May receive compensation for services, 41.
May be appointed school collector, 41.
Duties of, 41-43.
To keep minutes, etc., 41.
To receive school moneys, 41.
To disburse school moneys, 41.
To produce papers and moneys belonging to board, 41. '

Refusal to produce moneys, etc., punishable, 42, 45, 234.

Proceedings to recover papers and moneys from, 42, 234, 235.

Other remedies against not affected, 235.
To call special meetings of board, 42.
To give notice of meetings to trustees, 42, 43.
May be fined for neglect to give notice, 43.
To receive moneys levied and collected by council, 42.
To make affidavit for registration of award, 42.
May be liable to an action for '* money had and received,'" 42.
Presumption of proper appointment and right to act as, 43.
To lay accounts before and furnish information to auditors, 45.

Penalty for neglect or refusal to do so, 45, 236.
Appointment of, by trustees in cities, etc., 145.
To receive school moneys from township council, 168.

When, 168.
Duties and liabilities of, with respect to school moneys, 176.
Of High School Board, to give security to trustees, 271, 291.

SECURITY

Trustees to take from secretary-treasurer, 39.
Meaning of, 39.

Responsibility of trustees neglecting to take, 39, 233.
May be taken from a guarantee company, 40.
Trustees to take security from school collector, 72.

Nature and form of, 72.

Extent of surety's liability, 72, 73.
High School trustees to take security from treasurer, 271

291.

Index.

591

om, 39, 233.

is, 234-

2, 234, 235.

2d,'" 42.

, 43-

uditors, 45.

1 176.
, 291.

I, 291.

SEMI-ANNUAL RETURNS

Rural trustees to transmit to inspector, 64.

When, 64.

Penalty for neglect to do so, 64, 236.

Result of neglect to send, 64.

Penalty for making false, 65, 237.

SEPARATE SCHOOLS

Powers of Minister of Education as to, not affected by TAe Educa-
tion Department Act, iSgr, 9.

Except in certain matters, 7, 8, 9.

Children for whom established, not entitled to attend Public School,
54, 56.

Where none established, children of that class entitled to attend
Public School, 56.

Creation of, only suspends right of admission to Public Schools,
56.

Repeal of certain statutes not to affect Roman Catholic, 240.

SEPARATE SCHOOL SUPPORTERS

Not to vote at election of Public School trustees in cities, etc., 138.
Return showing rating of, to be given to county inspector, 162.
When, 162.

SEPARATE SCHOOL TRUSTEES

Appointment of High School trustees by, 266.

Term of office of High School trustees appointed by, 267.

SICKNESS

Period for which teacher entitled to salary during, 62, 190, 297.

Extension of period, 62, 190, 297.
Will excuse compulsory attendance at school, 243.

SPECIAL INQUIRIES

Minister of Education may appoint persons to conduct, 221.
Remuneration to such persons for conducting, 221.
Power of persons conducting to administer oaths, 221.
Compelling attendance of witnesses on, 221, 222.
Payment of witness* fees in, 222.
Punishment of witnesses not attending on. 222.

592

Index.

SPECIAL MEETINGS

In Rural School sections to be called by trustees for filling
vacancy in board, 63.

For selection of school site, 63.

For appointment of school auditor, 63.

For any lawful school purpose, 63.
Trustees to post notice of time, place, and object of meeting, 63.
Trustees liable to fine for not giving proper notice of, 63, 230.
Resolution passed at annual meeting may be rescinded at, 64.
County inspector to call in certain cases, 28, 206, 207.

SPECIALISTS' CERTIFICATES

Departmental Regulations respecting, 376-379.

Examination of university in Ontario accepted for, 378.
Subject to certain conditions, 379.

STATUTES

British North America Act, 1S6/, s. 93, i.
4 and 5 Vict., cap. 18, 10.

9. lo-

83, 10.

((

200, 10.

48, 10.

14, 15

((

Ill, 10.

182, 10.

185, 10.

186, 253.

121, II.

((

131, II.

132, II.

C. s. u.

C.,C

.63

, s. 16, 282.

C. s. u.

C.,c

. 64, 11.

23 Vict.,

cap.

49.

II.

32 "

((

44.

II.

34 "

33.

II.

34 "

33,

s. 40, 259.

35 "

22,

II.

37 "

27,

ss. 44, 45, 287

39 "

•6,

S. I, II.

Index.

593

STATUTES (Continued)

40 Vict., cap. 16, II.

40 " " 16, S. II (4), 109.

R. S. O., 1877, cap- 204, II.

" 204, s. 97, 44.

41 Vict., cap. 20, I

204, s. 221, 175.

42
43
44
46

47
48

(I
t(

II
II

34, I
32. I
30. I
3, I
44, I
49, I

39, 12.
R. S. O., 1887, cap. I, s. 8 (2), 39.

" 8 (20), 29.
" 8(25), 19.
5, s. 16, 92.

II
i(

H
t(
««
(i
«

(«
((
i«
«»

H
M

((
. f I

M
(i
U
»(
II
M
II
II
11
II
«

II
(I
11
II
II
II
II

30, 170-
64. S. 2, 49.

74, 251, 426.

83, s. 42, 89.

139, 188.

142, 155-

147, ss. 32, 42, 46.

152, S. 2, 98.

'72, 154-

'73, 5-
189, 153-

205, s. 94, 22, 58, 146, 185, 186, 296.

206, s. 16, 147, 157, 187.
206, s. I 7, 295.

213, 5-
225, 12.

227, 17, 23-

227, ss. 21, 22, 23, 138.

234, 58, 154-
52 Vict., cap. 36, s. 4, 265.

3«

11
II
<i

594 Index.

STATUTES (Contimied)
53 Vict., cap. 71, 12.

" 82, 125.

'• 82, s. 10, 126.

((

«' 42, s. 77 (i), 265.

((

" 42, s. 88, 135.

" 42, s. 93, 129.

((

" 42, s. 97, 135, 136.

((

" 42, s. 99, 135, 136.

" 42, s. 107, 135.

" 42, s. 108, 136.

" 42, s. 109, 135.

" 42, s. 115, 136.

" 42, s. 116, 137.

((

" 42, s. 117, 137.

((

" 42, s. 118, 137.

" 42, s. 120 (5), 137.

" 42, s. 142-160, 137.

55 '

((

" 42, s. 234, 144.

•• 42, s. 254-257, 74-

((

" 42, s. 263, 80.

" 42, s. 271, 72, 75, 176.

{(

" 42, ss. 282, 288, lOI.

" 42, s. 340 (3), 163.

((

" 42, s. 293, 280.

« 42, s. 340, 167, 168, 288.

" 42, s. 342, 168.

" 42, s. 351, 167.

({

« 42, s. 379, 157.

« 42, s. 396, 88.

((

" 42, s. 404, 90.

((

" 42, s. 460, 219.

((

" 42,8.489(10), 51-

((

" 42, s. 495 (5). 262.

((

" 42, s. 495 (6), 282.

« 42, s. 495, ss. 7, 8, 9, 291.

((

" 48, s. 7 (5), 51.

((

" 48, s. 12, 73, 76.

" 48, ss. 14, i4«. 14^. 14^, 69

Index.

59S

STATUTES (Continued)

55 Vict, cap. 48, ss. 64-69, 70.
55 " " 48, ss. 68-76, 71.
55 " " 48, ss. 122-137, 74.
55 " '• 52. 179.

55 " " 52, 60, 304.

56 " " 52. 307, 424-

TAe Elementary Education Act, iSyg (Imperial), 244.

STUDY

(See Course of Study.)

SUPERANNUATION

Annual contribution by teachers and inspectors to fund, 213,
Conditions entitling teachers and inspectors to share in fund, 213.
Repayment of contributions to fund to wife or legal representative

of deceased teacher or inspector, 213.
Teachers and inspectors retiring before sixty not disqualified from

sharing in fund in certain cases, 213.
Proof of disability to be furnished by teachers under sixty, 21^.
Right of teacher or inspector contributing to fund to retire on

reaching sixty, 214.
When payments from fund commence, 214.
Supplementary pensions from fund, 215.
Teachers under sixty entitled to share in fund under certain

conditions, 215.
Ext- allowance to teachers and inspectors from fund in certain

cases, 215.
Conditions as to good character of teacher sharing in fund, 216.
Suspension of allowance from fund on teacher or inspector

resuming teaching, 216.
Continuance of allowance from fund on teacher or inspector again

retiring, 216.
Forfeiture of claims of teacher and inspector to fund, 216.
Proviso as to teachers and inspectors not availing themselves of

Act, 217.
Repayment to contributors to fund, 217.
Provisions of The Public Schools Act, iSgi, as to, to apply to

teachers in High Schools, 297.
Departmental Regulations respecting, 415.

■if-

596

Index.

SURETY

Liability of, for default of secretary-treasurer, 39, 40.

SURPLUS MONEYS

Trustees entitled to, arising from collection of school moneys, 168.
Arising from collection of school rate cannot be appropriated to

general township purposes, 169.
From Ontario Municipalities Fund,

Rural Schools may borrow from, 169.

Special meeting of ratepayers to be called, 169.

Consent of ratepayers necessary, 169.

Terms of loan, 170.

Purposes for which money may be borrowed, 1 70.

SUSPENSION

Of pupils for misconduct, 180, 181.

Teachers have only power to suspend, 180.

Of pupils in High Schools for refusing to produce certificate of

vaccination, 272.
Of pupils in Public Schools, Departmental Regulations as to, 317.

SUSPENSION OF CERTIFICATES

Teacher's certificate may be suspended by inspector for misconduct,
194, 208.
Or, for refusing to carry out agreement with Public School

trustees, 189.
Duties of inspector as to, 194, 195, 208.
Appeal to Minister of Education from, 195.
Of teachers in High Schools for refusing to carry out agreement
with trustees, 297.

(See Inspectors ; Cfriificatcs ; Board of Examiners.)

T
TAXES

Public School property exempt from, 51. ,

High School property exempt from, 281.

Qualification as to exemption of, 281.

Ratable property exempted from, by municipal by law, not to affect

liability of property for school rates, 306.

t'_ I

Indkx.

597

oneys, i68.
jpriated to

rtificate of
as to, 317.

lisconduct,
>lic School

agreement

ot to affect

TEACHERS

Department to determine qualification and duties of, 6.

" " pay pensions of, 6.

Meaning of "teacher," 15, 190.
Certificate of qualification necessary for, 15.
To be provided by trustees, 53, 148, 273.
Names and addresses of, to be sent to township clerk by Rural

School trustees, 63.
Salaries of, trustees to provide for payment of, 62, 148, 273.

Rural trustees may borrow on their promissory note for, 62.

Note to be under corporate seal, 62.
No rate can be imposed for unqualified, 62.
Trustees may be compelled by mandamus to raise money to
pay, 62.

Amount to which entitled, 190, 297.

Allowed during sickness not exceeding four weeks in year, 62,
190, 297.

Period may be increased by trustees, 62, 190, 297.
Protection of teachers in regard to salary, 191.
Differences between trustees and teachers as to, to be settled
in Division Court, 191, 298.
Duties of, 177-187.

Principal and assistant, 177.

to prescribe duties of assistant, 177.
responsible for organization and discipline of school
177-

Principal to consult with inspector on certain matters, 177,319.

To see that schools ready for reception of pupils, 1 78, 3)9.

To classify pupils, 178, 319.

To prepare time-table, 178, 319.

To teach according to law, 178.

To prevent use of unauthorized te.xt-books, 178, 319.

Penalty for allowing use of, 178, 220.
Comments by, on use of tobacco by minors, 179.
Regulations relating to, to be embodied in by-laws, 1 79.
To keep register of school, 179.

Penalty for keeping false register, 179, 237.

" making false returns, 237.
Recovery and application of penalty, 237, 238.

598

Index.

TEACHERS (Continued)

To maintain order and discipline, 179, 318, 320.
Suspension of pupils by, for misconduct, etc., 180, 181, 317.
Have only power to suspend pupils, 180.
Corporal punishment by, 181, 318.

Right of teachers to administer, 181, 182, 318,
Excessive, 182, 318.
Unlawful, 182.
To keep a visitors' book, 183.
To give access to register and visitors' book, 183.
To deliver up registers, keys, and other school property, 183.

Penalty for refusing to deliver up, 183, 238.
To hold public examinations, 183.
To furnish information to Minister and inspector, 184.
To prepare reports, 184.

To notify trustees of unsanitary condition of closets, 184, 320.
To take precautions against spread of infectious disease, 146,

147, 185, 186, 317.
Duties of, under T/ie Public Health Act, 146, 147, 185, 186, 318.
To prevent damage to school property, [87, 317.
May employ caretakers, 187, 320.
To attend Teachers' Institutes, 187, 321.
To notify trustees and inspector of al)sence through sicknes..,

187,321.
To take no subscriptions or presents from pupils, 187, 321.
To make no announcements, etc., except for school purposes,

187, 321.
To give no medal or prize to pupils without consent of

trustees, 187, 321.
Not to make up lost time by teaching on holidavs, 18^, 321.
Suspension of certificates of, for refusing \^ .>ut agreement

with trustees, 189, 297.
For misconduct, 194, 208.

Inspector to notify teacher of, 194, 208.
For refusal to give up schoolhouse key or school property,

183, 239.
Duty of county inspector as to, 195.
Appeal by teacher to Minister of Education from, 195.
Not to hold office of trustee, 226.

Index.

599

o, i8i, 317.

18.

roperty, 183.

, 184.

its, 184, 320.
disease, 146,

[85,186,318.

igh sicknes.,

187, 321.
Dol purposes,

consent of

S, 187, J2I.

Jt agreement

)ol property,

195-

TEACHERS (Continued)

Acting as such cannot be appointed as inspectors, 200.
Not to act as agent for sale of maps, books, etc., 238.
Privileged communications respecting, 195.
Superannuation of, 213-217.

Contribution to superannuation fund by, 213.

Conditions entitling, to share in fund, 213.

Repayment of contributions to fund to wife of deceased, 213.

Retiring before sixty not disqualified from sharing in fund in
certain cases, 213.

Proof of disability to be furnished by, under sixty, 214.

Right of, contributing to fund to retire on reaching sixty, 214.

When entitled to payment from fund, 214.

Under sixty entitled to share in fund under certain conditions,
215.

Extra allowance to, from fund in ceitain cases, 215.

Conditions as to good character of teacher sharing in fund, 2 1 6.

Suspension of allowance from fund on resuming teaching, 216.

Continuance of allowance on again retiring, 216.

Forfeiture of claims to fund, 216.

Result of not taking advantage of Act, 217.

Repayment to contributors of amount of, 217.
In High Schools.

To be appointed and removed by High School trustees, 273.

Qualification of principals, 296.
" " assistants, 296.

Departmental Regulations respecting, in Public Schools, 319-321.

Principals and assistants, duties of, 319.

To see that schoolhouse ready for reception of pupils, 319.

To classify pupils, 319.

To prepare time-table, 319.

To prevent use of unauthorized text-books, 319.
Penalty fornon-performance of this duty, 319.

To make promotions, 320.

Discipline and management of pupils, 320.
Ventilation and cleanliness of schoolhouse, 320.
To see that school grounds, etc., kept in order, 320.
To see no damage to school property, 320.
To notify trustees of necessary repairs or supplies, 320.

6oo

Index.

TEACHERS (Continued) '

To employ caretakers, 320.

To make returns and furnish information to inspector and
Education Department, 320.

To attend Teachers' Institutes, 321.

To notify trustees of absence through sickness, 321.

To conduct schools properly, 321.

To take no collections, etc., from pu|)ils, 321.

To make no announcements except for school purposes, 321.

Not to make up lost time by teaching on holidays, 321.
Departmental Regulations respecting, in High Schools, 343.

Duties of, 343.
Departmental Regulations respecting training of French and Ger-
man, 388.
Departmental Regulations respecting duties of, in Normal Schools,

389-
Departmental Regulations respecting duties of, in Model Schools,

393-

TEACHERS-IN-TRAINING

Departmental Regulations respecting duties of, 383.
In Normal Schools, 389.
In School of Pedagogy, 396, 397.

TEACHERS' INSTITUTES

Establishment of, 5, iC'
Purpose of, 5.

Teachers to attend, 187, 404.
Organization of, 199.
Aid to, from legislative grant, 199.
" " county councils, 199.

Departmental Regulations respecting, 403, 404,

Oflficers, 403.

Meetings, 403.

Sessions, 403.

Discussion of matters affecting relations between trustees and
teachers, 404.

Public School teachers to attend, 404.

Index.

6oi

spector and

rposes, 321.
321.
. 343-

:h and Ger-
rial Schools,
iel Schools,

Listees and

TEACHER'S RESIDENCE

Money may be raised for purchase or erection of, by issue of
debentures, 163.
By yearly rate, 169.

TEMPORARY CERTIFICATES

County inspector to give, to teachers, 206.
When they may be granted, 206.

TENANT

Liability of owner of property to pay school rate on default by, 304.

TERM OF OFFICE

(Str Office.)

TERMS

In High Schools, 298, 299.

TEXT-BOOKS

Powers of Department to authorize use of certain, 59, 220.
Trustees and teachers to see authorized text-books used, 58, 1 78,
220, 302, 319.
Penalty for allowing use of unauthorized, 178, 220, 302, 319.
Change of, may be made with approval of Public School trustees
and inspector, 59, 220.

With approval of trustees only in High Schools, 302.
Proviso as to change of, 220, 302.
Substitution of unauthorized, 221, 302.

Penalty for, 221,302.
Rural School trustees to provide children of indigent persons with,

59-
Public School trustees in cities, etc., may collect fees for, 148.
Free in the City of Toronto, 149.
No inspector, teacher, trustee, or otificer of Department, to act as

agent for sale of, 338.
Departmental Regulations respecting use of, 319.

" " " authorization of, 413, 414.

List of authorized, 419-423.

TIME

For making complaints as to elections, 38, 39, 141.
Auditors to appoint time for audit, 47.

602

Index.

TIME-TABLE

To be prepared by teachers, 178.

TOBACCO

Teachers to comment on use of, by minors, 179.
Act respecting use of, by minors, 424.

TOWN COUNCILS

To levy by assessment sums required for school purposes, 160.
Question of necessity of assessment may be submitted by, to vote

of electors, 160.
May be required by trustees to raise money at any time, 160.
Powers of, under The Municipal Act, to aid High Schools, 282.
May make provision for attendance at University of Toronto and
Upper Canada College of High School pupils, 290.

For attendance at High Schools of Public School pupils, 291.
For endowing fellowships in University of Toronto and Upper
Canada College for competition among High School pupils,
291.

TOWNSHIP

Meaning of, 15.

TOWNSHIP BOARDS

How established, 77.

Question of establishment to be submitted at annual meeting of

each section in the township, 77.
Must be a majority in each of two-thirds of sections of township,

77, 78.
Township council to pass by-law establir^hing, 77.
By-law to divide township into wards, 78.
When by-law takes effect, 77.
Qualifications of members of, 78.
Term of office, 78,
Penalty for non-service, 79.
Election of members, time and manner of, 79.
Board to be a corporation, 79.
Powers of board, 79, 80.
Constitution of, 79.

Majority of, to form quorum, 79. >

To submit their accounts, etc., to municipal auditors, 80.

Index.

603

ies, 160.
by, to vote

i, 160.
ols, 282.
oronto and

pupils, 291.

and Upper

hool pupils,

TOWNSHIP BOARDS (Continued)

Effect of establishment on parts of township united with adjoining

municipality, 81.
Adjustment of claims on establishment, 81.

'« " in case of parts becoming disunited, 82.

How and when by-law may be repealed and school sections

formed, 83, 84.
Advantages of, 84, 85.

Application by, to council for loan, 166, 167.
On refusal of council to grant loan may require submission of

question to vote of electors, 166.

TOWNSHIP CLERK

To prepare in duplicate map showing division of township into
school sections, 25, 26.

Penalty for not preparing map, 26, 225.
Recovery and application of penalty, 26, 225.

( See Municipal Councils ; Toiimship Councils.)

meeting of
f township,

lo.

TOWNSHIP COUNCILS

May appoint trustees when none elected, 35.
" dissolve school section when no trustees elected, 35.
Disposition of section so dissolved, 35.
" " assets of section by, 35.

♦ May pass by-laws for Public School purposes, 51.

To levy school ni.>neys on application of trustees, 60.
May be compelled to levy by mandamus when estimates sufificient,
61, 62.
^, But not when estimates insufificient, 60, 61.

* I Nor when demand and refusal not shown, 61.

When estopped from objecting to insufficient estimates, 60.
Establishment of township board by, 77.
When to pass by-law establishing, 77.
To divide township into wards, 78.
To appoint arbitrators to adjust rights and claims of school

sections on establishment of township board, 81, 82.
Who to be appointed arbitrators, 81.
How and when by-law establishing may be repealed, 83.

6o4

Index.

TOWNSHIP COUNCILS (Continued}

To appoint arbitrators to settle rights and claims between

school sections on repeal of by-law establishing, 83.
Who may be appointed arbitrators, 83.
Powers of, to make territorial changes for school purposes, 100-105.
May pass by-laws :

To unite school sections in same township, 100.
When, loi.

By-law must be under corporate seal, etc., 101.
Must define limits of united sections, loi.
Parties to action to quash by law, loi.

Action to quash by-law must be brought without delay, 101.
Appeal to county council against by-law of, 105.

" " " neglect or refusal of, to

alter, 106.

Who may appeal, 105.
Time for appealing, 105, 106.
How appeal heard, 106.
To alter boundaries of school section, 102.
" divide existing section, 102.
" unite part of one section to another, 102.
What will invalidate, 102.

When application to quash will be refused, 103.
Persons affected to be notified, 102, 103.
When by-law to take effect, 104.
Appeal to county council against by-law of, 105.

** " " neglect or refusal of, to

alter, 106.

Who may appeal, 105.
Time for appealing, 105, 106.
How appeal heard, 106.
Clerk of, to be notified by inspector of alterations, 107.
Appointment of arbitrators by, to adjust claims between unions in
same township, 107, 108.

Who may be arbitrators, 108. >

Powers and duties of, 108.
To levy by assessment certain sums for school purposes, 158, 159.
How levy made, 158.
Who may be assessors, 158, 159.

IXDliX.

605

ms between
,83.

ises, 100-105.

delay, lor.
asal of, to

sal of, to

unions m

158, 159

TOWNSHIP COUNCILS (Continued^
\ pe.'.l from assessment, 159.
How assessment to be made in certain union school sections.

Duties of clerk as to furnishing statements of assessment, 160-
162.

To pay over school moneys collected by them to secretary-
treasurer, 168.
When, 168.

May deduct expenses of pulilishing by-laws from, before pay-
ing, 166, 168, 305.
Cannot retain surplus arising from collection of school moneys
or appropriate to purposes of township, 168, 169.
May raise school moneys by yearly rate on application of trustees,
169.

For purchase of a school site, 169.

" or erection of a schoolhouse, 169,

" " teacher's residence, 169.

Not to levy more than one yearly rate, 169.

Exceptions, 169.
To pay to trustees of Separate Schools amount deducted from
county grant, 162.
How to be paid, 162.

TOWNSHIP TREASURERS

Are sub-treasurers of county treasurer, 173.
Responsibilities and obligations of, as to school moneys, 173.
To account for school moneys, 173.
To pay lawful orders of county inspector, 173.
TREASURER

High School trustees to elect, 268.

" " take security from, 271, 291.
Moneys raised for High School purposes to be paid to, 291.

When, 291.
To submit his accounts to municipal auditors, 291.
(See Secretary- Treasure r.)

TRESPASS

Trustees to sue for, on schoolhouse, 53.
When schoolmaster may sue for, 53.

6o6

Index.

TRUANCY

Act respecting and Compulsory School Attendance, 241.
Cases of, to be leported by trustees to truant officer, 249.

TRUANCY ACT

Violations of, by corporations, 250.
Liability of corporation for violations of, 250.
How prosecutions under, brought and heard, 251.
Convictions under, not to be quashed for informality, 251.
Commencement of, 252.

TRUANT OFFICERS

Appointment of, 245, 246.

In cities, towns, and villages, 245.
In townships, 246.

Notice of appointment to be given to inspectors and trustees,
246.
Regulations respecting, may be made by persons appointing, 246.
Powers of, in cities, towns, and villages, 245.

♦♦ " townships, 246.

To report annually to Education Department, 246.
Duties of, 246.
, Penalty for neglect to perform, 246, 251.

To institute proceedings against persons violating The Truancy

Acf, 248.
To warn offenders before lodging complaint against, 248.
Need not institute proceedings when school accommodation in-
sufficient, 248.
Service of notices by, 250.

TRUSTEES

In office at passing of TAe Public Schools Act, i8gr, to continue

in office, 18.
Office of, how vacated, 34, 227.

By absence from board meetings for three months, 34, 227.

301.
By conviction for crime, 34, 227, 301.
" insanity, 34, 227, 301.

" interest in contract with corporation, 34, 227, 300.
Exception in case of secretary-treasurer, 227.
Contract need not be binding on board, 228.

Index.

607

41.

49.

251.

ind trustees,
)inting, 246.

"^he Trumtcy
lodation in-

to continue

hs, 34, 227,

300.

TRUSTEES (Continued)

What interest will cause disqualification, 228, 229.

" " " not disqualify, 228, 229, 230.

Immaterial that name of trustee in or not in contract, 228.
Time to which disqualification relates, 228.
Proof of agency alone will not disqualify, 229.
Trustee cannot be party to contract for building school-
house, 230.
Seat of trustee having interest in contract must be declared

vacant by formal resolution, 229.
Quo warranto proceedings to declare seat of trustee
having interest in contract vacant, 229.
By refusal to act, 34.

Penalty for, 34, 231.
Who may convey land to, 50, 97.
Land conveyed to, exempt from taxation, 51, 281.

Qualification as to exemption of High School property, 282.
Land conveyed to, not seizable under execution, 51.
Reservation or dedication of land for school purposes vests

property in, 51.
Certain lands to continue vested in, 51, 240.
Should sue in case of trespass on schoolhouse, 53.

When teacher may sucj 153.
Cannot enforce payment of voluntary subscription for expenses of

a school, 62.
Entitled to surplus arising from collection of school moneys, 168.
When not liable for acting under by-law, 176.
Must contract under corporate seal with teacher, 187, 188.
Can demand suspension of certificate of teacher refusing to carry

out agreement, 189.
Inspector to notify trustees of teacher's suspension, 194.
Have an inherent right to dismiss teacher, 189.
And teacher not regarded as master and servant under Act

respecting, 188.
Differences between trustees and teacher in regard to salary to be

settled in Division Court, 191.
How salary recovered under judgment against, 191.
Action by teacher against, to be brought within three months, 189,
191.

6o8

Index.

TRUSTEES (Contimicd)

Can only be charged in their corporate capacity under agreement

with teacher, i88.
May increase period for which teacher is entitled to salary during

sickness, 62, lyi.
Acting as such cannot be appointed as inspectors, 200.
Must see that only authorized text-books used, 58, 149, 220.
Textbooks may be changed with approval of trustees and
inspector, 220.

Proviso as to time of change, 220,
Not to be inspectors, masters, or teachers, 226.
Not to act as agents for sale of school books, maps, etc., 238.
Liability of disqualified person for acting as trustee, 226.
'* " for neglecting to perform duties of office, 231.
Recovery of penalty, 231.
What is not a neglect to perform duties, 231.
Liability of, for neglecting or refusing to exercise corporate
powers, 231.

Neglect or refusal must be wilful to make trustee personally
liable, 232.
Liability of, for neglecting to take security from secretary-
treasurer, 39, 233.
Responsibility of, in case of lost or embezzled school moneys, 233.
Not authorized to receive school moneys, cannot embezzle

same, 41, 233.
Liability of, for refusing or neglecting to account for school papers
and moneys, 42,45, 46, 234.

Proceedings to recover school papers or moneys from, 42, 45,

46, 234, 235.
Other proceedings against not affected, 235.
Liability of, for signing false reports, 65, 237.

Recovery and application of penalty, 65, 237, 238.
Personal liability of, for moneys lost through neglect of duty, 238.
May appoint truant officers, 245, 246.

" make regulations respecting truant officers, 246.
To give notice of appointment of truant officers to Education

Department, 246.
To report cases of truancy to truant officer, 249.
" " " expulsion to truant officer, 249.

Indkx.

609

r agreement
lary during

, 220.
jstees and

, 238.

corporate

personally

secretary-

)neys, 233.
embezzle

ool papers
'm, 42, 45>

duty, 238.

Education

TRUSTEES (Continued)

When reports to be made, 249.
Penalty for neglecting to report, 249, 251.
In Rural School sections.
To be a corporation, 18.
Number of, 26.
Term of office of, 18, 26.

" " trustee elected to fill vacancy, 34.
" in new school sections, 36, 37.
Qualification of, 27.

Persons disqualified from acting as, 26.
Election of, 30-33.

Modes of, 30.

Qualification of electors, 27.

Poll to be granted on application of two ratepayers, 30.

Time of closing poll, 32.

Duties of chairman on closing poll, 32.
" secretary " ^2.

Chairman to declare trustee elected, 32.

Effect of chairman's declaration, ^;i.

When trustees estopped from (luestioning validity of, 33.

Secretary to notify trustees elected, 33.

What constitutes acceptance of office by, 33.

Complaints as to, to be made to inspector, 37, 38, 207.

Inspector may investigate complaints, 38.

Discretionary powers of inspector, 38.

Power of inspector to confirm or set aside election, 38.

Time for making complaint as to, 38, 39.

Can appoint time and place for new election, 38.
Resignation of, when allowed, 34.
Re-election of, 34.
Exemption from serving, 34.

Existence of school corporation not to cease by want of, 34.
When no election of, township council may appoint, 35.
Term of office of, appointed by township council, 35.
Proceedings to be taken in case of want of, 35.
Notice of all meetings to be given by, 43.

Penalty for not giving notice, 44, 230.

6io

iNDhX.

TRUSTEES (Continued)

Acts of, must be adopted at a legal meeting, 44.
What is a legal meeting, 44.

Minute of act to be made in writing and signed by two of
the trustees, 44.
To appoint auditors, 45.
To lay accounts, etc., before auditors, 45.
Penalty for refusal to do so, 45, 236.
Cannot be deprived of authority by auditors, 46.
Remedy in case of collusion between auditors and, 47.
Are sole judges as to expediency of expenditure, 48.
Duties of, 49-65.

To have custody and disposal of school property, 49.
To obtain deed or other instrument of title to property

and register, 50.
Non-registration does not affect right to collect money for

school purposes, 50.
To keep schoolhouse and buildings in repair, 52.
Should authorize some person to see that schoolhouse

kept in repair, 53.
Duties as to sanitary condition of school premises, 52.
To build or rent schoolhouse if necessary, 52.
To insure schoolhouse if required, 52.
May permit use of schoolb.ouse for other purposes, 52.
May be restrained from so doing, 52.
Must contract under seal for erection of schoolhouse, 53.
Alteration in boundaries of section docs not release
trustees from liability for erection of school
house, 53.
To provide adequate accommodation, 53.

" qualified teachers, 53.
To decide what accommodation to be provided, 55.
May be required to provide accommodation by inspector.

55-
School fund may be withheld when proper accommoda-
tion not provided, 55.
When to admit children of resident ratepayers, ^0.
To visit schools, 57.
To see that schools properly conducted, 57.

Tnokx.

6ii

ned by two of

id, 47-
48.

perty, 49.
I to property

:ct money lor

-, 52-
schoolhouse

mises, 52.

poses, 52.

olhouse, 53.

> not release

of school

led, 55.

)y inspector,

Lccommoda-

•S, y'j.

TRUSTEES iCoutinued)

Must not interfere with teachers, 57.
To dismiss refractory pupils, 57.
To remove refractory pupils to Industrial School, 57.
May readmit pupils, 57.

Not liable to an action for dismissal of pupil by teacher, 58.
Court will not interfere with discretion of trustees in dismiss-
ing, 58.

To notify parent of investigation into misconduct of his child,

58.
To exempt indigent persons from school rates, 59.
To notify clerk of municipality of exemption, 59.
To provide text-books for children of indigent persons, 59.
To see that authorized text-books are used, 58.

" school properly etiuipped, 58.
" decide expenses of school equipment, 59.
To apply to township council for school moneys, 60.
Application to be made to township clerk, 60.

" " in due form, 60.

Proper (estimates to be submitted, 60, 61.
To provide for payment of teachers' salaries, 62.

May borrow on their promissory note to pay same, 62.
Note not to bear more than eight per cent, interest, 62.
Note must be under corporate seal, 62.
Cannot impose rate for salary of unqualified teacher, 02.
May be compelled by mandamus to raise money to pay,
62.

To appoint place of annual meeting, 63.
" call special meetings, 63. ,

l"or filling vacancies in board, 63.
'• selection of school site, 63, 86.
" appointment of school auditor, 63.
" any lawful school purpose, 63.
'i'o post notices of time, place, and object of meetings, 63.
Liable to fine for not giving proper notice, 63, 230.
Names and addresses of teachers and trustees \o be sent to

township clerk, 63.
To transmit annual and semi-annual returns to inspector

When, 64.

64.

6l2

Index.

TRUSTEES (Continued)

Penalty for not sending annual returns, 64, 237.

" *' " semi-annual returns, 64, 236.

Result of not sending semi-annual returns, 64, 236.
Penalty for signing false report, 65, 237.
Recovery and application of penalty, 65, 237, 238.
To present annual report at annual meeting of ratepayers, 64.
What report to contain, 64.
Report to be signed by school auditors and, 64.

Cannot select or change school site without concurrence of
ratepayers, 86.

To call special meeting to consider selection or change ot

site, 86.
Can call subsequent meeting to consider change of site selected,

86, 87.
Should state reason of meeting in notice calling meeting, 86.
Can demand arbitration where owner refuses to sell, 92.
Cannot select school site within certain limits, 93, 96.
Can enlarge school site without concurrence of ratepayers.

86, 93, 96.
When trustees can enlarge school site, 93, 97.
May take land selected for site on tender to owner of sum fixed

as damages, 94.
To retain sufficient amount therefrom to satisfy encumbrances,

95. 99-
Responsibility of trustees as to encumbrances, 95, 99.

Title of, to land selected for school site, 96.

To register award, 96.

Who may convey land to, 50, 97.

Proceedings by trustees where owner of land selected for a
school site absent, 98, 199.

Responsibility of trustees as to compensation, 99.
Payment of compensation money into Court by trustees,

100. i

Title of, to land of absent owner, 100.
To register award, 100.
To call meeting of ratepayers to consider union of section of
same township, loi.

■

Index.

613

, 237-

IS, 64, 236.

64, 236.

37. 238.
ratepayers, 64.

i, 64.
loncurrence of

or change o\'
Df site selected,

meeting, 86.
I sell, 92.

?3, 96.

of ratepayers,

^r of sum fixed
incumbrances,

)5. 99-

selected for a

on, 99.

rt by trustees,

of section of

TRUSTEES ^Continued)

May appeal to county council against bylaw altering school
boundaries, 105.

When appeal to be made, 105.
Time for making appeal, 105, 106.
May apply to township council for issue of debentures, 163.
For purchase of a school site, 163.
" erection of a schoolhouse, 163.
" purchase or erection of a teacher's residence, 163.
Must call special meeting to sanction application, 163.
Right of ratepayers to object to application, 164.
May apply to township council to raise school moneys by
yearly rate, 169.

For purchase of a school site, 169.
" erection of a schoolhouse, 169.
Sanction of ratepayers not necessary, 169.
May borrow surplus moneys from Ontario Municipalities
Fund, 169.

For purchase of a school site, 1 70.
" erection of a schoolhouse, 170.
Consent of ratepayers necessary, 169.
In Sections in Unorganized Townships.
Election of, 66.
Powers and obligations of, 67.
To appoint an assessor, 68.
To appoint school collector, 72.
" pay him a commission, 72.
" take security from him, 72.

Nature and form of security, 72.
May give warrant to collector to collect taxes imposed by

them, 74.
But only within the limits of the section for which they are

appointed, 75.
Can sue for school rates as a corporation, 74.
In Union School Sections.

Election of, 113, 114, 117, 118.
Application by, for loan and issue of debentures, 165.
To what municipality to be made, 165.
Township Board of (See Toivnship Boards).

6i4

Indkx.

TRUSTEEvS (Continued)

In Cities, Towns, and Incorporated Villages.
To be a corporation, 123.
Style of, 124.
Powers of, 124.

Number of trustees in cities, etc., divided into wards, 125.
Term of office of, 18, 125, 126.
Number of trustees in City of Toronto, 125, 126.
Term of office, 126.

Number of, in villages, not divided into wards, 127.
Term of office of, 127.
Election of,

Provisions for, 125, 127-140.

First election of, 124.

Qualification of trustees, 124.

Nominations, 127.

When and where meeting for, to be held, 1 28.

What is a proper meeting, 128.

What is a nomination, 128.

Must be made at place fixed, i 28.
Returning officer, when and how appointed, 128.
Duties of, 128, 129.

Appointment to be by resolution, 128, 129.
Notice of meeting for nomination to be given by
trustees, 129.

Length of notice, 129.
Proceedings at nomination, 129, 130.
When an election commenced, 130.
Hours of polling, 130.
Demanding a poll, 130, 131.

Electors entitled to free access to polling place, 131.
When voters' list to he furnished to trustees, 131.
What voters' 1st to contain, 131.
Certified copy of list and polling book to be provided ftn

each polling place, 132.
Entries by returning officer in poll book, 132,
Duties of returning officer after close of election, 132.
Duties of secretary treasurer after close of election, 132.
Casting vote at, 133.

Indkx.

615

ards, 125.

27-

12S.

129.

e given by

:e, 131.
)rovided for

on, 132.
action, 132.

TRUSTEES (Continued)

Election of, by ballot, 133 140.

May be held on same day as municipal elections, i ;i;i.
Use of ballot may bi- discontinued by trustees, 133, 134
How, 133.

Change binding for three years, r34.
Mode of conducting, 134, 138.
When election to take place, 135.
Place for holding election to be fixed by by-law, 135, 136.

Election void if not held there, 135.
Must be held in proper municipality, 135.
Who is to be returning officer, 135.

Provision for death or ab'^eiice of, 135, 136.
Duties of, at nomination meeting, 136, 137.
" when election commenced, 137.
Meeting to receive nominations, when held, 135.

Notice of meeting to be given by returning officer,

136.
Eongth of notice, 136.
Poll need not be demanded, 137.
Ballot boxes, 137.
Mode of voting, 137.
Corrupt practices at, 138.
Form of ballot papers, 138.
Separate School supporters not to vote, 138.
Oath to be administerci '-hen voter objected to, 139.
Form of oath, i^-;.
By whom administered, 140.
False swearing by voter not perjury, 139.
Refusal of voter to take oath may be a ground for

setting nside election, 140.
Who may object to voter, 1 40.
Qualification of voter, 139.
Full age, what it is, 140.

County Judge to investigate complaints respecting, 14!.

Proceedings at investigations, 141, 142.
Vacancy in office of, how filled, 140, 141.
First meeting of board of, 142.

When to be held, 142.

A.AV_-, '^^

6i6

Indicn.

TRUSTEES (Cuitinued)

Change in hours of meeting, how made, 143.

Who to preside at, 143.

Election of chairman at, 143.

Casting votvj at, 143
Presiding ofticer of i)()ard of, 144.
What constitutes a (juoruni, 144.
Majority of quorum necessary to bind, 144.
Acts of, done without a legal quorum, void, 144.
Presumption as to quorum, 144.

Duties and jjowers of, 145-158.

To appoint secretary- treasurer and collector, 145.
" " such other officers as are necessary, 145.
" fix meetings of board, 145.
" keep account of proceedings of board, 145.
" provide adequate accommodation, 145.
" " school premises and apparatus, 146.
" build, repair, and furnish schoolhouse, etc., 146.

Liability of, for purchase of school site, 146.
Duties of, as to sanitary condition of premises, 146.

Health of children not. under purview of, 146.

" " under purview of teacher, 146, 185.

Duties of trustees as to vaccination, 147, 157, 186.
To determine number and grade of schools, 148.
Have unlimited discretion ps to number of schools, 148.
To dismiss ret'ractory pupils, 14S.

To notify parent of investigation irito misconduct of his

child, 58.
To remove refractory pupils to Industrial School, 149.
To collect t'ces from parents for books, 148,
Free te.xt-books 1:1 Toronto, 149.
To appoint committee for each school, 149.
To constitute Model Schools for teachers, [49.
To submit estimate to council for school expenditure, 150.

When, 150.

What estimate to contain, 150.

When council has and has not option to raise money
for school rates, 1 5c.

Index.

617

43-

144.

^ 145-

isary, 145.

145-

146.

tc, J 46.
».
>es, 146.

er, 146, 185.
i7, 186.
, 148.
schools, 148.

jnduct of his
:hool, 749.

49-
Miditure, 150.

) raise money

TRUSTEES (Continued)

To ?:ubniit accounts to auditors, 151.

Who are to he auditors, 151.
Liabihty of corporation for neghgence of auditors, 131.
Effect of neghgence of auditors on treasurer's surety, 151.
To pubhsh auditor's report, 151.

When, 151.

How to be made, 152.

To transmit annual report to Minister of p:ducation, 151.
When, 151.

To have custody and disposal of school property, 152.
May convey school property under corporate seal, 152.
May take and acquire land for school sites, 152.
Duties of, under T/ie Free Libraries Act, 153.

" " The Hign Schools Act, 153.

" " The Industrial Schools Act. 156,157.

Powers of, apprenticing minors, 155, 156.

" under The Municipal Act, 157, 158.

May borrow money from municipal corporation, 157.

Application by, to municipal council for issue of debentures,
166.

On refusal of council to grant loan, question of to be sub-
mitted to vote of electors, 166, 167.
Ap)pointment of inspectors by, 209.
Dismissal of inspectors by, 209.

When more than one inspector may be appointed by, 209.
Of High Schools,

To be a corporation, 256.

Style of, 256.

Powers of, 256.

Term of office of, 257.

Number of, 264.

Appointment of, by county and other municipal councils, 265.

Appointment must be by by-law, 265.

Term of office of, 265, 266.
Member of county council cannot be, 265.
Appointment of, by city and town council, 266.

Term of office of, to be fixed by by-lr.w, 266.

6i8

Index.

TRUSTEES (Continued)

Appointment of, in cities, by county council, in certain cases,

266
Appointment of, by Separate School Board, in cities, 266, 267.

Term of ofifice of, 267.
Appointment of, by Public School trustees, 267.
Term of ofifice of, 267.

No a{)pointment to be made when Public School Board
united with High School Board, 267.
Qualification of, 267.

Vacancies from annual retirement of, how filled, 267.
First meeting of board of, 268.
When held, 268.
Quorum at, 268.

Change of hour of, how made, 268.
Secretary to preside at until election of chairman, 268.
First duty of, to elect chairman, 269,
Casting vote at election of chairman, 269.
Chairman of, to vote on all questions, 269.
Duties and powers of, 269-274.
To fix meetings of board, 26^.
To take charge of High School and buildings and

grounds, 270.
To settle amount of, and collect fees for tuition, 270.
To give orders on treasurer for salaries and expenses, 270.
To apply to municipal council for sums for maintenance,
270.

Estimate need not show how sum required is made-
up, 271.
What is a sufficient application, 271.
Collection of sum required in case of united
counties, 271.
To take security from treasurer, 271, 291.
To expel pupils in certain cases, 271.

Greater power as to expulsion conferred on Fligh

School trustees than on Publ c School trustees, 272.

Xo power to send refractory pupils to Industrial School,

2?2.

cil, in certain cases,

i, in cities, 266, 267.

s, 267.

ublic School Board
37-

filled, 267.

jf chairman, 268.

269.
i 269.

md buildings and

for tuition, 270.
land expenses, 270.
IS for maintenance,

11 required is made

71-

n case of united

!9I.

:onferred on High

ichool trustees, 272.

Industrial School,

I\i)i:x.

619

TRUSTEES {Continued)

May suspend pupil refusing to produce certificate of

vaccination, 272.
To appoint and remove teachers i.nd other officers, 27,5.
To provide adequate accommodation for pupils, 273.
To certify fees received to county treasurer, 274.

^Vhen, 274.
To see that school is properly conducted, 274.
To report to Minister of Education, 274.

When, 274.

Enlargement of school site by, 275.

Cannot enlarge without consent of owner in certain cases, 275.

Arbitration in case of disagreement as to enlargement between
owner and, 275.

Arbitration on disagreement as to selection of school site
between owner and, 275.

Trustees and owner to appoint arbitrators, 275.

Senior County Judge to act as third arbitrator, 275.

Duty of arbitrators, 275.

Proceedings when owner refuses to appoint, 276.

Senior County Judge has casting vote, 276.

Powers of arbitrators, 276.

Arbitrators to notify claimants, 276.

Land may be taken by trustees on lender of damages to

owner, 276.
Award to constitute title, 277.

" " be registered, 277.
Costs of arbitration, 277.

Proceedings by, when owner of land selected for .1 school site
ibsent, 278, 279.

Responsibility of trustees as to com[)ensatioii, 280.

Payment of compensation into Court, 280.

Title of, to land of absent owner, 281.
Who may convey lands to, 278.
High School property vested in. 281.
May dispose of school property when not needed, 281.

Duties of, in case of dispute as to maintenance of county
[uipils, 284.

620

Indhx.

TRUSTEES (Continued)

Application for sums for permanent improvements to county
council, 287.

When application to be made, 287.
Must be corporate act of board, 289.
Must be an independent application, 288.
Difference between, and teacher, to be settled in Division
Court, 298.

How judgment against, enforced, 298.
Departmental Regulations for guidance of, 415-418.

UNION SCHOOL SECTIONS

Existing union sections legalized, 109, 110.

What unions may be formed, 1 10.

Procedure for formation, alteration, or dissolution of, 110-114.

Petition from five ratepayers to municipal councils asking for,

1 10.
Appointment of arbitrators by each council, 110.

Arbitrator must not be member of council, no.
Notice of appointment to be sent by clerks to inspectors, 1 10.
Inspectors to be ex officio arbitrators, no.
When County Judge to act as arbitrator, in.
First meeting of arbitrators, how, when, and by whom called,

III.
Duties of arbitrators, 111-113.

What award to set forth if formation of new union section
determined on, in.

If dissolution of existing union section determined on, 1 1 2.

If alteration of existing union section determined on, 1 1 2.

Arbitrators to determine proportion of which part of new sc(

tion in each municipality to pay for school expenses, n 2, 1 1 3.

Arbitrators to adjust all rights and claims consequent 011

formation, etc., of, 113.
Award of arbitrators to Ik> filed with municipal clerks, n4.

" " bimling for Wwq years, 114.

Hut boundaries of, may be enlaiged, 114.
When union, alteration, or dis.solution of, to go into opera-
tion, 114.

its to county

in Division

I lO-I 14.
ils asicing for,

lie.
ipectors, 1 10.

kvhom called,

inion section

lined on, 1 1 2.
ined on, 1 1 2.
t of new seo
ises, 112, 1 13.
nsequent 011

erks, 1 14.

) into opera-

Index.

621

UNION SCHOOL SECTIONS (Continued)

Appeal to county council against award for formation, etc., of, within
a county, 115.

Or, against refusal or neglect of township councils to appoint

arbitrators, 1 15.
Or, against award to settle formation, etc., of, within a

county, 115.
Who may ap[jeal, 115.
Time for appealing, 115.
Appointmentof arbitrators bycountycouncil to hearap[)eal, 115.

Who may not l.^e arbitrators, 115.
Powers and duties of arbitrators, 115.
County clerk to call hrst meeting of arbitrators, 1 15.
Appeal to Minister of Education against award f(jr formation, etc.,
of, within two or more counties, 115, 1 16.

Or, against refusal or neglect of township councils to appoint

arbitrators, 116.
Powers of Minister, 116.
May appoint arbitrators, 16.
Duties of arbitrators, 116.

Minister to call first meeting of arbitrators, 116.
Collection and payment of school rates in, 1 16.

How paid to trustees, 116.
Formation of union .sections by division of a township by legis-
lation, 117.
Formation of union sections by incorporation of a portion of one

or more school sections as a village or town, 117, ir8.
Not formed by annexation of part of a township to a city or town

by proclamation, 118.
Elections of trustees in, 35, 113, 114, 117, nS.
Inspection of, 1 1 7. .

Equalization of assessments in, 120.

Assessors of municipalities to meet and determine proportion
of annual requisition to be levied by each municipality, 120,
121.
When, 120.

By whom meeting of assessors to be called, 121.
Notice of assessors' decision to be given to .secretary-treasurer
of union school secti(jn concerned, i 20.

622

Indkx.

'Si'

■) '

UNION SCHOOL SECTIONS (Contimicd)
Arbitration where assessors disagree, 120.

" when school section hes in two counties, 12T.
Award of arbitrators to l)e binding for three years, i 20,

121.
Reconsideration of award, 121.
Procedure for, 121.
Time for, 121.
Apphcation to municipal council for loan by trustees of, 165.

To be made to council of municipality in which schoolhouse

lies, 165.
What municipality to pass by-law for raising loan, 165.
. (Contribution by other municipalities in, for payment of loan,

165.

(Sec By-Laws : Sclwol Boundat-ics.)

UNITED COUNTIES

Collection of sum required for maintenance of High Schools in
case of, 271.

UNIVERSITY EQUIVALENTS

Regulations respecting, 378, 379

UNIVERSITY OF TORONTO

City, town, and county councils may provide for attendance of
High School pupils at, 290.

May endow fellowships in, for competilu-n among High School
pupils, 291.

UNORGANIZED TOWNSHIPS

School sections in, formation of, 65.
Limits of section, 66.

May be altered, 66.

When alteration to go into effect, 66.
Position of schoolhouse in, 66.
Persons exempt from school rates, 66.
Election of trustees in, 66.
Powers and obligations of trustees, 67.
To be divided into groups by district inspector, 67.
Inspector to notify secretar) -treasurers in writing of group to
which thev bclr.iiu. 6<S.

;ies, 121.
e years, i 20,

of, 165.
schoolhouse

, 165.

lent of loan,

Indmx.

62.i

1 Schools in

73-

tendance of
High School

of group to

UNORGANIZED TOWNSHIPS (Cmtinucd)

Trustees to annually appoint person to make out assessment
roll, 68.

Secretary-treasurer to submit certified copy to Court of
Revision, 68.

Duties of assessor, 68.

Appeals against assessments in, 6y.

A.ssessment rolls to he open to inspection, 69.

Notice of place of inspection to be given by secretary-
treasurer, (U).

Notice of sitting of Court of Revision to be given by
secretary-treasurer, 69.

When Court to sit, 69.

How appeals to be made, 69-71.

Confirmed roll to be binding, 71.

Trustees to appoint school collector for, 72.

Who may be school collector, 72.

Collector's remuneration or commission, 72,

Collector to give security, 72.

Nature and form of security, 72.

Collector to make declaration of otlfice, 72.
Effect of not making declaration, 75.

Powers and liabilities of collector, 73-76.
('ourt of Revision in, constitution of, 67.
Powers of, 67.

When inspector to act as, 68.
Appeals against assessment roll in, 71.
Formation of union sections between organized and. 71.
UPPER CANADA COLLEGE

City, town, and county councils may provide for attendance of
High School pupils at, 290.

May endow fellowships in, for competition among High School
pupils, 291.

VACANCIES

Ip ofifice of trustee, how filled, 140, 141.
Term of office of trustees elected to fill, 34, 141.
Arising from annual retirement oi Hi^h .School trustees, how filled,
267.

624

Index.

VACANCIES (Continued)

Arising from death, resignation, or removal of High School trustees,
how filled, 267.

VACCINATION

Duties of Public School trustees as to, 147, 157, 187.
High School trustees may require pupils to produce certificates of,
272.
Suspension of pupil for refusing to produce, 272, 295.

VILLAGE COUNCILS

To levy by assessment sums required for school purposes, 160.
Necessity of sums required may be submitted to vote of
electors, 160.
May be required by trustees to raise money at any time, 160.

VISITORS

Who are school, 57, 149, 183, 203, 224.
Authority of, to visit Public Schools, 225.
Powers of, in Public Schools, 225.

VISITORS' BOOK

To be kept by teachers, 183.
Teachers to give access to, 183.

" " deliver up when required, 183.
Penalty for refusing to deliver up, 183, 193, 238.

VOLUNTARY SUBSCRIPTION
For expense of school, illegal, 62.

VOTE

(See Elections ; Casting Vote.)

VOTER

(See Elections.)

\ OTERS" LIST

(See Elections; Trustees.)

VOTING

(See Elections.)

WARDEN

Of county may fill vacancy in ofifice of inspector, 202.

To give notice of such appointment to Minister of Education, 202.

Indi'.x.

625

school trustees,

WITNKSSKS

Kxamination of, l)y inspcctur, investigating' coinplaints as to
flection or school [irocccdings of rural trustees, 58.

May be suiiinioiied ami exaiuiiietl under oath hy auditors of
Rural School corporation, 48.

Inspectors may in certain cases swear, ji 1.

Compelling attendance of, on special in(|uiries, 221, 222.

Service of subpiena on, 222.

I'ajiTient of conduct money to, 222,

Punishment of, for not attending, 222.

WORDS

Where meaning of, to he found, 13.

Object of Legislature to he obtained from, 1,^.

Natural meaning to be taken. 13.

Legal interpretation of, to be taken, 13.

How construed when intention of I ,egislatine collected from Act, r ].

Construction of, must not alter jirevious jiolicy of law, 14.

Education, 202.