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BOOKSELLER AND STATIONER Always in Stock . ..^^ * ^vERy School Text Book ♦ Us«d in the Protestant Public Scliools of the Province of Quebec ... None but the Authorized Editions Kept in Jtoclc School Stationery and All School Requiremonts — ALI- AT THE LOWEST RATES — Correspondence solicited, and orders promj^'iy filled JMT* 5cnd lor Lists and Prices. PUBLISHER OF The Dominion Drawins: Books Chambers* Readers Nelson's Story Book Readers^ W" Foster Brown 3323 ST. CATHERINE ST. PREFACE. To increase the usefulness of this volume of the school law references have been made at the end of each article, to the corresponding article of the Revised Statutes or of the Municipal Code. A comparison will thus show at any time the exact nature of the changes that hR,ve been made in the school law, and will likewise assist in determining the p.esent value of the judgments which, although given upon articles that have in some cases been altered, may still apply in whole or in part. Those who make use of these judgments should be more careful than usual to consult the volumes in which they are reported at length. The kind- ness of Mr. P. De Cazes in offering the compiler the use of any or all of the decisions he had pre- viously collected lor his own French edition is gratefully acknowledged. G. W. f . LIST OF ABREVIATIONS. Am. — Amended. C. C— Circuit Court. C. Q. B. — Court of Queen'8 Bench. C. R.— Court of Review. 1). C. A. — Decisions of the Court of Appeal. D. S. C. R. — Digest Supreme Court Reports. L. C. J. — Lower Canada Jurist. L. C. R. —Lower Canada Reports. L. N.— Legal News. M. C— Magistrates' Court. M. C. R. — Montreal Condensed Reports. M. L. R. — Montreal Law Reports. M. L. R. Q. B. — Montreal Law Reports, Queen's Bench. M. L. R. 8. C. — Montreal Law Reports, Superior Court. Mod.— Modified. Q. L. R. —Quebec Law Reports. R. C. —Revue Critique. R. L. — Revue legale. R. C. C. — Regulations of the Roman Catholic Committee. R. de L. et de J. — Revue de Legislation et de Jurisprudence. R. P. C — Regulations of the Protestant Committee. R. ti. or R. S. Q. — Revised Statutes cf the Province of Quebec. 8. C- IJuperior Court. ALPHABETICAL AND ANALYTICAL ]i. 58. deuce. Quebec. TO THE SCHOOL LAW Agriculture :— Article. To be tanght ia country schools 544 Absent : — Definition of word 24 Temporary absence 198 Academies :— ((See R. P. C.) Establishment of 463 Receive share of Superior Education Fund 444-471 Conditions requirea for grants 448 Grant may be withheld 446 Special aid from School Corporation 468, 469 Maximum cost of school building 255 Monthly fees 246 Pupils in arrears for fees in County Academies 470 Supported by two or more municipalities 269-271 Who may attend 121 County Academies 463-471 Form each a district 122 Account to tub Legislature 45 Accusation : — Against a teacher 5? Againstan inspector 58 Appeals :—{Se€ R. O. C, and R. P. C.) How made 482-492 Costs of 492 Concerning school districts and sites 256-483 Concerning school houses 482 ii SCHOOL LAW AnEALS '.—Continued, Article. Concerning changes in school municipalities 105-11 1 Concerning a special tax 482 Concerning insurance of school buildings 220 § 5 Appointments by Lieutenant-Governor : — Of members of the Council of Public Instruction 47 Of Superintendent 38 Of Professors of Normal Schools 405 Of School Inspectors 76 Of members of Central Board of Examiners 85 Of School Commissioners and Trustees 174-177-199 Of Chairman School Board 204 Powers of School Commissioners and Trustees appointed . . 200 May bo annulled by the Lieutenant-Governor only 30 Apportionment : — Of Taxes 441 Of Superior Education Fund 445 Of Marriage License Fees 450 Of Common School Fund 430 Of Local School Fund 441, 442 Of Poor Municipality Fund 449, 450 Arbitration : — For the price of a school site .' 257-263 For the value of school properly upon dividing a dis- trict 264, 268 Arrears of school taxes prescribed in three years 372 Assessors :— ■ Definition of work 21 Attendance :— Minimum of pupils for district. 115, 438 § 3 Basis of division of grant 295 Auditors :— For annual audit of accounts of the Secretary -Treasurer. . 336 For special audit of accounts of the Secretary-Trea- surer 337-341 May be demanded by rate-payers 336 May be demanded by Secretary-Treasurer 336 For the Pension Fund accounts 638 Authorization : — To alienate school property 232 To seize school property for debt 434 To exceed maximum price for schoolhouses 255 INDEX iii AuTHORiZATroN : —Continued. Article. To bitild two or more nchoolhouses in one district 119 To unite with a dissentient corporation 131 To exempt from taxes 2-44 For plans of schoolhoiises 252 For debentures in aid of school libraries 646 Central Board of Examiners : —{See It. C. C, and R. P. C.) Diplomas iHSued ! 84 Established by Proclamation ^ 84 Coroposition of 85 Number of members 85 Salary of Secretary 86 Organized in two divisions 84 Cioverned by regulations 86 Persons exempt from examination 93 Powers and duties 87 Duties may be modified 1)2 Fees of eandidates 86 Superintendent to receive yearly statement 90 Superintendent to receive list of candidates 89 Superintendent nmy examine books, etc 91 Candidates for Teachers' Diplomas : — To comply with requirements 88 Census: — To be mado in September each year : 274 To be reported 275 Contents of 274 Penalty for refusing information for 276 Certificates : — For a Normal School Diploma 458 For incapacity for school duties 201 For discharge of surety 318 For application for pension 497, 503, 609, 530 Chairman of an Election Meeting : — Qualifications of 163, 157 Requests nominations for election 158 May declare election closed 161 May proceed to hold a poll , 161 Proclaims candidates elected 161, 170 Method of taking the votes 162-170 Mubb give easting vote 169 Must make report of election 172 Chairman ok the Administrative Commission 63iB IV 80H00L LAW Chairman op the Council op Public Instruction :— Article. The Superintendent fiO Hai a oMting vote 65 Calls spooial meetings 66, 67 Chairman op tiik Committees op the Council op Public Instruction : Named by the Committees 53 Hah a casting vote 65 Calls meetingH of the Committees 66 Chairman op School Commishionerh or Trustees :— Appointed by Board at first meeting 202 Appointed by liieutonantGovernor 204 Calls meeting when Secretary Treasurer is absent 152 Calls meetings of Board ■. . . . 206 Makes declaration respecting accuracy of amendments to roll 371 May ordor doors to be opened in case of seizure 382 Kigns minutes of proceedings for each Jtting 213 Higns warrants of distress 379 Must know how to raad and write 154 Heoeives the notice of dissent 123 Signs teacherM* engagements— Form No. 19 219 Chairman Central Board of Examiners 84 Collk>o amended in certain cases 366-371 In what manner may be amended 370, 371 Special for payment of debts 415 Special made by Sheriff 420-434 Transmitted to Commissioners by Sheriff. 429 Trustees entitled to a copy . . 298 Commissioners : — Who may be 146-147 Must read and write 154 Appointment of chairman 202-204 Appointment of secretary-treasurer 202, 301 Are a corporation 141 Duration of office 176, 176, 200 First meeting 202 Jurisdiction 95 Majority decides 212 Meetings of board called by chairman 206 Meetings of board called by requisition 208 — Article. fiO 65 ....66, 67 f Public 63 65 66 202 204 152 ....:... 206 ments to 371 382 213 379 154 123 219 84 342 .... 366-371 . . . 370, 371 415 .... 420-434 429 298 .... 145-147 154 ... 202-204 .. 202, 301 141 15, 176, 200 202 95 212 206 ....... 208 INDEX V « C0MMI8HIONER8 : — Continmd. Article. Meetings of board are public 209 Meetings of l)oard, where held 210 Payment of contingent expenses 442 Replauinff of oonimisstoners 151, 177, 198, 199 Rights oicorporation 141 Temporary chairman 203, 205 (JenHus of children to be prepared 274 276 Bool honsci in order 229 Ji 4 Managers appointed 229 § 4 School property alienated 232 School property vested in school board 229 May establibh girls' schools 272 Amount of taxes to be levied 236 Uniformity of taxes 237 May institute suits fur taxes * 472 Com .nute taxes 400-403 Ma3 amend property valuation 242 May amend valuation roll 242, 243 May make valuation 346, 347 Commissioners alone levy laxes upon incorporated compa- nies 397-406 Must prepare valuation roll 342-362 Must collect taxes to pay teachers' salaries monthly. .... 241 May exempt from taxes 244 Must insure property 229 § 5 Reason for discharge of teachers not given 225 Committees of the Council — Composition of 47 Organization 53 Jurisdiction 48, 49 Appoint chairman and secretary 53 Duties of pccrttaries 59 Associate members 47 § 2 Special meeting 66, 67 Chai man's vole 65 Superintendent, a member ex-officio 39 Roman Catholic Bishops and otiier members may be re- presented 68 INDEX VU Committees of the Council : — Continued. Article. May appoint sub coromitteos or delegates 70 Make regulations for Normal Schools 55 §3 Make regulations for Public Schools 54, 55 § 1 Make regulations for Boards of Examiners 55 § 4 Make regulations for candidates for position of in- spector .... 55 § 5 Make regulations for inspectors 55 Make regulations for school libraries 646 May cancel teachers' diplomas for cause 57 May inqiiire into the conduct of inspectors 58 Prepare and revise lists of text-book? S6 May acquire text-books 547 May receive legacies 60-62 Receive unexpended balances of school grants 63 May hold inquiries 69 May determine the status of schools 54 May determine school holidays 55 § 6 May establish the boundaries of school inspectors 55 § 2 County : — Definition of term 8 Circuit Court of the County ; — Definition of term 11 CoitMON School Fund :— Paid to the Superintendent 435 To be deposited in a bank 435 To be paid to the school corporations by cheques 437 Conditions upon which grants are paid 438 To be paid to school corporations semi-annually 437 May be paid without fulfilment of required conditions if Commissioners have acted in good faith 439 (Grants may be withheld by Superintendent 440 Distributed in proportion to population 436 Contestation of Elections 178 Country Mu.', C. C, and R. P. C.) 449, 450 Libraries of School Municipalities 54o, 546 Nominations by Likutrnant Governor in Council : Of the Superint<;rident 38 Of the Setretarie.s of ihe Department 38 § 2 Of the Officers of the Department 38 § 3 Of Members of Central Board of Examiners 84 Of Principal and Professors of Normal Schools 455 Of School Inspectors 76 Of School Commissioners and Trustees 104, 199 May be revoked 30 Normal Schools : — (See R. C. C, and JR. P. C.) Salaries and contingent expenses 452 Subject to regulations of the Committees 456 Under eontrol of the Superintendent 453 Reports to the Superintendent 454 Appointment of Principals, Professors, &c 455 Conditions of admission 457 Diplomas granted by the Superintendent 458 Value of Diplomas 459 Regulations for 456 Notices : — How and where given 277-285 Special 286-293 Error in form or insufficiency of 35 Intermediate delay 36 xvi ^ ' SCHOOL LAW NoTiCBs '.-^Continued, For election meetings Article, ^^i^ZTZ^lfk p-r-etora.;;;;: ^. . . 151 Len^tTo^S^J ^'»'»«^«'oner8 or Tniatoes-. ^«^' 290 Apply to non-residents" ; ■.■/;;. ^^ For «„i„„«o;^i'S?' ' ™"'"«P«'ity . . .■.■.•.•.■• ; ^ 97 *or dissent . f?'' S 1 For dfflS: "„'f t:rS '-portion,- .■;.■; }|». ,1^ For new oleetion ","*^*^""ent corporations '^^' ^^2 Notices ,^ t,,e Opfioul Ga7-.„e -11 223,' 224 JJefanitJon of term Oaths and solemn declarations =« 2S Definition of term. Parish :—- l^efinition of term. PJEN.SIOV FUxVD :— g A;^^^"«^"«|We for a pension Mrm^'m^'a^er » 3ai ■•■■•••■'•■ ^^^' ^^5 Pension forThrit"^^^^ .■.■::.■::.:: tt Years of service *^^ ^lation to Act of im. \\ V' dod/ '^{ %l Certificates required. Jio te:std"ifr°7---^ "''' '^''^^ '^ "FF»ge8 and grants . . Rtxi tu\n Fayn,e„tofPe&io„,..::;;; ■•■ .mm, ^ 521, 522 INDEX xvu Pension Fund •.—Continued. Article. Demand for payment of pensions to be mule before Ist NovemlKjr 52G Pensions forfeited 523,524 Keduclioii of pension 618 Valuation of talariea 527, 528 Valuation of Iwnefits 52t), 530, 532 Administrative commission 533-637 Pensioners visited ly School Inspectors 539 Accounts 638 Pensions not assignable., may not be seized 640 Doe3 not apply to teachers receiving pensions before 1st Jnly, 1880 •. 641 Termination of pension 499 Report of salary, etc 631 Protestant Committee 46-70 Poor Municipality Fund 441), 450 Principals of Normal Schools : — By whom appointed and removed 455 Report to the Sujjerintendent 454,457 Cause pupils to sign agreements .^ 457 Recommend Attorney-General to sue. . . 457 § 3 Certify pupils to Superintendent 458 Professor : — Definition of term 15 Penalties :— (.SVc Fines.) For sdhool taxes and fees 472 Before what tribunals 473 479 For refusal to convene meeting *20H Action taken in name of school corporation 474 Rate payers may prosecute 4S4) For refusing or neglecting ottice 280, 475 Penalty to form part of school fund 481 For making false returns 276,470 For disturbing a school 478 For retaining documents, &c 477 For failure to fulfil Normal School contract 457 For refusal to exliibit documents to inspector 81 For voting unlawfully 149 For failure of notice 151, 173, 195, 280, 293 For refusal to vote 169 For interference with valuators 350 Public Examination of Schools 80, 215 § 6 2 XVlll SCHOOL LAW Quorum:— Article. Fur all corporalionH, lioardf, &c 33,34 Of the Council of Public Instruction 04 Of I he Connuittets of tl»o Council 64 RATli PaYKH ; — Dcfiaitiun 40 School Visitors 73-7o .School Municii'amties -.—(See Mniiin'pafifleM.) 8( MOOL District : — (.S'ee Di^lrivt. ) School Fahihitions 549 .S( HOOF- Funds of a Municipautv : DiHtribution of 441 The balixnoe to bo <)epo.sited 443 In oliargo of Secretary-Treasurer ; 323 ScHooLiiousKS:— -(.S'e« //. C. C, and If. P. C.) How cost of building is provided for 2o3-2.)() Two or more in one district Ill) Maximum cost of 255 Plans for 252 For maintenatic«i of schoo'.rt by two or muro corpora- tions 2(59-271 To wliom ihuy lielong when the district is divided. . . 2(i4-26S To whom tiiey belong when the religious minority dis- Bentfl 264-2G8 School Isspectoks :—(Ste Inspector.'*.) School Property : — Vested in Sfihool Corporation 229 Commi sioners to take posHes»ion of 220 § 2 Coramisaioners to acquire 229 S 3 Commissioners to repair, &c 229 § 4 Managers for, to bo appointed 229 5j 4 Maximum value fixe Must renew ^is security 312, 317 Sureties of, may demand discharge 318 Keeper of all books, documents, &c 320 Keeps minutes of each meeting ; 321 Signs the mniutes 213, 321 Notes amendments in argin 214 Copies of documents m«.de are authentic 322 Collects and has charge of all moneys 323 Pays out sums authorized 324 CcrLaia demands paid without authorization 321, 325 Object of the payment nuist be clear 325 Cannot grant discharges or lend 32G §1,2 Books must be in prescribed form 327 Must preserve vouchers 328 Must keep a Repertory 329 Accounts and vouchers arc open for inspection 330 Must deliver copies of t. jcuments 331 May be removed at any time 301 Teacher or member of School Board cannot act as 307 Remuneration of 319, 377 May appoint assistant Secretary -Treasurer 306 Submits financial statement in Jul.v 332 Submits abstract of statement to rate-payers 334, 335 Furnishes copies of statement 335 Accounts of, audited annually 333 Special audit of accounts 336-341 May demand an audit 336 INDEX XXI .Secretary-Trkasurkr of CoMMissioNEiis OR TRUSTEES : — Cout'ed. Article. Sureties cannot be members of school board 313 Sureties to bo changed 315 Posts up summary of statement 335 Claims against prescribed in five years 341 Registers limits of school disJtricts 114 May be sued by Coramisf^ioners in an action to acoount.. . . 340 Pays teachers monthly 215 § 16 Must take census of children in September 274-27<) Must prepare statement of unpaid taxes in November. . . . 391 Security : — Given by Secretar^'-Trcasurers 303, 308 Seizures : — For taxes of ratepayers 378-382 Against School Corporations for debts 419-434 Opposition to 383-390 SUPERIXTENDENT : — Definition of wonl 2 Appointment and salary 38 Afts under instructions of Council and Committees 40 Approves or furnishes plans for schoolhouses 253 Arts, &c., encouragement of 45 § a Authorizes special tax to pay amount of judgments against school corporations 4 12-434 Books and Registers, to keep 45 § fi Chairman of Council 50 Depository of all documents 42 Dispones of unexpended balances according to recommend- ation of Com mittees 63 Forjns. to prepare 45 § Gives instructions to Inspectors 77 Gives notice of proposed alterations, subdivisions or erec- tions of School Municipalities 97, 98, 90 Has control over Normal Schools 453 Inquiries 44, 1C6 May allow Commissioners or Trustees to levy a special rate on real estate outside town or village 240 May appoint delegate to hold inquiries 44 May authorize two or more schoolhouses in a district. ... 119 May call special meetings of Council 6(), 67 May delegate powers 41, 44, 105, 106 May grant diplomas to students of Normal Schools 458 May order inspectors to rlfife another district 82 i ■ xxu SCHOOL LAW Superintendent : — Continued. ' At tide. May pay school grant in certain cases 439 May retuso grant in certain cases 440 Member ex'-q^Vio of Council and of Committees 39 Other positions occupied by him 39, 71 Pays school grants half yearlj' 437 Prepares annual report 45, § 4, 5 Prepares budget of Public Instruction 45, § 2 Publishes statistics, &c 45 § 3 Publishes statement of accounts of pension fund in his r < report 538 Receives and distributes money for school piirposes. ... 45 {5 1 ;/ Distributes Poor Municipality School Fund 449, 450 Recommendutioiis on management of schools 45 § 8 Recommends Lieutenant-Governor in Council to dissolve corporations of trustees 133, 134 Retains amounts out of polaries to pay stoppages for Pen- sion Fund ; . . 520 Retains grnnl in certain cases 43 -; Retains grant if returns are not made 43 Retains grant if unauthorized text-books are used 43 Retains grant for non-conipliance 43 Visitor of all schools 71 School property vested in certain cases 142 School.s for adults, &c. , establishment of 45 § 10 Signature to documents authentic 42 Taxable pRorERTY : — Definition of term 17 Sheriff's Sale 416-434 Superior Education Fund : — Institutions entitled to receive aid 444, 450 Paid on rccoinmendation of Committees 444 Divided into Roman Catholic and Protestant shaies. 445., 449 ' Grants for one year on\y 445 Conditions may be attached 445 ^, Revenue from Marriage License Fees 450 Conditions upon which grants may be made. . . . 410, 447, 448 Form of a})phcation 446 Sureties of the Secretary-Treasurer 303, 308, 318 Taxis -.—{See Valnation Boll.) Must be levied for support of schools 236 Amount 236 Imposed uniforndy 237 Different rates may be levied in certain cases 240 INDEX XXlll Taxes : — Continued. Article. Certain property exempt from 404 406, 239 Certain ratepayers may be exempt, from 244 May be commuted in certain cases 400-403 Based on municipal valuation roll 342 Time when imposed 363 How the collection roll is prepared 364-371 Collection by means c^ seizure 378-382 Seizure may be opposed 383 390, 425 Collection of unpaid taxes by the Secretary Treasurer of the County Council * 391-396 May be collected by the Secretary-Treasurer of the ' Municipal Council 373, 374 New tax in case a tax is annulled 408-41 1 On incorporated companies 397-399 May be divided by non-resiJents 4(t7 Levied to pay debts incurred 412 Levied to pay judgment 414-434 Imposed by Sheriff to pay judgment 418-434 Ordinary collecjtion of 375, 376 May be divided in certain cases 238, 407 Special 102, 111, 410-412 Not reimbursable 411 Bear interest 372 Prescription 372 Teachers :—(6'ee /?. C. C, and If. P. C.) Meaning of terra 15 Divided into four grades 84 Must obtain a diploma 93, 222 Diplomas may be cancelled 57 May be reinstated 57 § 12 Engagement by written contract., 217 When under age 221 Engagement may be cancelled 215 § 2 Engagements made in triplicate 220 To be engaged by the year 216 To be notified before dismissal 223, 224 To give notice before resigning 227 Reasons for dismissal 225 To be paid monthly 215 § 16 •Names enregistered by Boards of Examiners 87 § 4 Are entitled to a pension 493 Cannot be Commissioners 147 Cannot be Secretary-Treasurers 307 XXIV SCHOOL LAW Text-Books -.—{See B. C. C, and R. P. C.) Article. Authorized list prepared 56 On Ruligion and Moral? 215 § 4 May be distributed gratuitous!)' 215 § 15, 548 No unauthorized books to be used 56, 215 § 4 . May become property of the Province '. 547 Trustees: — --'V', ,;;. ; , '" -. „ , ,;-i. .;-..■ .,..• Who may be 145, 147 Must road and write 154 Appointment of chairman 202-204 Appointment of secretary-treasurer 202, 301 Are a eornoration 141 Duration of office 175, 176, 200 First meeting 202 Jurisdiction 95 Majority decides 212 Meetings of board called by chairman 206 Meetings of board called by requisition 208 Meetings of board are public 209 Meetings of board where held 210 Payment of contingent expenses 442 Replacing of trustees 151, 177, 198, 199 Rights of corporation 141 Temporary chairman 203, 205 (.Jensus of children to be prepared 274-276 Books of account 215 § 12 Books to be used 215 g 4 Surplus funds to be banked 443 School oistricts 112 Incapacity to perform duties 201 Nctc-sary formalities for meetings 206-207 Meetings must not be held in a hotel 210 Meo; i iigs may be held on legal holidays 211 Public auction of property 232 Capitalize debts and issue debentures 233-235 Election of for new municipality 104 Caii?iot refuse othce 171 Lieutenant-Governor may appoint 174, 199 Resolutions necessary 143 Must visit schools 215 § 8 Regulations respecting hygiene 215 § 7 ■^ Must attend annual public examination 215 § 6 May dismiss pupils for cause 215 § 14 May provide text-books in certain cases 215 § 15 Must pay teachers monthly 215 ^ 16 INDEX XXV Trustees: — ContinueiL Article, Yearly written engagement of teachers 216, 217 Teachers may be sued although minora 221 Must engage teachers with diplomas 222 School assessments imposed uniformly 237 Taxes payable to both corporations 23S Property' exempt from taxation 230 Different tax .240 School fees 245-2r)l Cannot exaat school fees in certain cases 249 May enter into agreements 230 May pay for the conveyance of pupils 118 Pupils from another district 120 Religious community schools 273 Course of study 215 § 3 Discharge of school teachers 215 § 2 Disputes, duty of school board 215 § 13 Teaihers' engagements 215 § 1, 216-228 fleneral notices to teachers are null 226 ManagemcTit of schools 215 ^ 5 Obey instiuctions of Superintendent as to accounts and registers 215 § Religious books not under control of school board 215 § 4 Report to Superintendent 110, 215 § 10' Date of examinations of schools 215 § 6 Teachers to give notice before leaving 227 Teachers to receive notice before discharge 223, 224 Agreements t(» avoid notice or collective notices to teachers are null 226 Grant refused for f.ailure to collect school fees 251 Statement of fees sent to the Superintendent 250 Acquire school property 229 § 3, 231 Hold land and school houses 229 g 2 Keep school houses in order 229 § 4 Managers appointed 229 § 4 School property alienated 232 School property vested in school board 229 May establish girls' scliools 272 Amount of taxes to be levied 236 Uniformity of taxes 237 May institute suits for taxes 472 Commute taxes - 400-403 May amend property valuation 242 May amend valuation roll 242, 243 May make valuation 346, 347 Commissioners alone levy taxes upon incorporated compa- nies 397-406 XXVI SCHOOL LAW X ^c 'J'. r ^J N^ # '?y iC ■'■' Trustfies : — Article. MuHt prepare viiluation roll 342-362 Must collect taxes to pay teachers' salaries monthly 241 May exempt from taxes. - 244 Must insure properly 229 § 5 Reason for discharge of teachers not given 225 Have share of taxes of incorporated companies 397-399 May unite to support a school 297 Have right to documents from commissioners 298 Valuation Roll ; — Municipal valuation to bo used tor school taxes 342 Valuation made by Commissioners if necessary 346 Valuation made by Superintendent 347 Must be provided under penally 343 New valuation roll may be made by Commissioners in cer- tain cases 348 Municipal Council must signify changes 345 Deposit of 351 , 352 Method of preparing new valuation roll 361 Penalty for refusing to deliver valuition roll to Commis sioners 343 Fees for copy of valuation roll 344 • , By whom valuation roll may be amended, 353, 361 May be amended in certain cases 354 Procured by Sherift" or made by him 420 Trustees entitlfd to a copy 298 Council Secretary must give notice of change 345 Township :-- Definition of word 10 Valuators : — -; • a, Definition of term 21 Appointmeiit of 346-348 May be appointed by Superintendent 347, 348 Qual'ficaiion of 362 Infur a fine when not qualified 362 • Rights of valuators 349 Penalty for obstruction 350 Visitors : — Who are visitors 71, 73, 74 What schools they may visit 72, '74 Privileges 75 Voters :— (»%e Electorn.) Qualifications for 148 Male resident voters eligible as Commissioners 145 Dissentients cannot vole for or act as Commissioners 146 Members of majority cannot vote for or act as Trustees. . , 146 Article. 342-362 ntlily 241 244 . .'....'229 § 5 225 397-399 297 298 s 342 346 347 343 »ners in cer- 348 345 ...... 351, 352 361 to Commis 343 344 353, 361 1 354 420 298 345 10 21 346 348 .... 347, 348 362 362 349 350 . . 71, 73, 74 72, -74 75 148 145 nets 1 46 rustees. . . 146 SCHOOL LAW 62 VICT., CHAP. 23 (In force July 1st, 1899) »•♦ PRELIMINARY TITLE INTERPRETATIVE AND DECLARATORY CHAPTER FIRST INTERPRETATIVE. 1. In this act or in any act amending the [same, the following words, terms and expressions, wherever found therein, have the sense, meaning and applica- tion assigned to them, respectively. R. S., 1860. 2. The words : " Superintendent "^'or " Superin- tendent of Education," designate the Superintendent of Public Instruction. R. S., 1860, § 2. 3- The term "school municipality" means any territory erected into a municipality for the support of schools under the control of school commissioners or trustees. R. S., 1860, § 6, SCHOOL LAW IN 4- The terms "school corporation" or "school board " mean indifferently corporations of school commissioners or trustees. R. S., 1860, § 6. ♦5« The terms " country municipality " include and mean parish municipalities, municipalities of part of a parish, of a township, of pai u of a township, of united townships, and generally every local munici- pality other than city, town or village municipalities. M. C, 19, § 2. 6. The words : " local municipality *' mean, in- differently, any city, town, village or rural munici- pality managed by a municipal council. M. C, 19, I 3, am. " T. The word " district" means a judicial district established by law, and designates the district in which the municipality is situated. M. C, 19, § 6. H. The word " county " means any territory erected into a county for the purposes of represent- ation in the Legislative Assembly of the Province. If two or more counties are united to constitute an electoral division the word " county" designates each of such counties severally. M. 0., 19, § 7. O. The word "parish" means any territory erected into a parish by civil authority. M. C, 19, § 4. lO. The word "township" means any territory erected into a township by proclamation. M. C, 19, § 5. . 11» The terms " circuit court of the county " or "county circuit court" mean the circuit court' in and for the county ; and if there is more than one circuit court in the county, they include all that are therein established. M. C. 19, § 9. 12. The words ' trate's court of the court established in the Lieutenant- Gov distiict magistrate. 1». The terms " school under conti der the control of si By "subsidized school whivth roi'civi out of llie fundH vo § 1 ; 2239, hunl. 14. The term "o designates every ce direction, administri more classes or edu control of school cc inspectors, professors male and female cert institution under the or trustees, or in thoi Government out of 1 but does not includ< religious communitiei versitics. R. S., 223 1^. The words " also to female teache lay or religious, teac 1860, § 3. ^ * (1) Teachers are exem R. S. Q. Held : — That the salar Boy vs. Coderre and the INTERPRETATIVF. 8 (( 12. The words "magistrate's court" or "magis- trate's court of the county" mean the magistrate's court established in the county by proclamation of the Lieutenant-Governor and presided over by the district magistrate. M. C. 19, 5 10. 15$. The terms "school," "public school," or "school under control" designate every school un- der the control of school commissioners or trustees ; By " subsidized school " is meant any private school which receives a i^rant from the Government out of the funds voted for education. 11. S., 18G0, § 1 ; 2289, ino'J. 14. The term "officers of primary instruction," desigtuites every certificated porson who has the direction, administration or supervision over one or more classes or educational institutions under the control of school commissioners or trustees, school inspectors, professors and teachers of normal schools, male and female certificated teachers teaching in an institution under the control of school commissioners or trustees, or in those subsidized by them or by the Government out of the funds voted for education, but does not include members of the clergy or of religious communities or professors in colleges or uni- versities. E,. S., 2238, am. 1^. The words "teacher" or "professor" apply also to female teachers and to all persons, whether lay or religious, teaching in virtue of this act. R. S., 1860, § 3. ^ * (1) Teachers are exempt from serving a^ jurors. Art. 2621, R. S. Q. . * Held: — That the salary of teachers is exemj t from seizure. Hoy vs. Coderre and the School Comnissioners of S'. Oura and SCHOOL LAW 4. The terms "school corporation'* or "school board " mean indifferently corporations of school commissioners or trustees. R. S., 1860, § (>. 5. The terms " country municipality " include and mean parish nmnicipalities, municipalities of part of a parish, of a township, of part of a township, of united townships, and generally every local munici- pality other than city, town or village municipalities. M. C, 19, § 2. O. The words : " local municipality " mean, in- differently, any city, town, village or rural munici- pality managed by a municipal council. M. 0., 19, § 3, am. T. The word " district" means a judicial district established by law, and designates the district in which the municipality is situated. M. C, 19, § 6. H» The word " county " means any territory erected into a county for the purposes of represent- ation in the Lesrislative Assembly of the Province. If two or more counties are united to constitute an electoral division the word " county" designates each of such counties severally. M. C, 19, § 7. O. The word "parish" means any territory erected into a parish by civil authority. M. C, 19, § 4. 10. The word "township" means any territory erected into a townsbir* by proclamation. M. C, 19, § 5. 11. The terms " circuit '30urt of the county " or " county circuit court " mean the circuit court in and for the county ; and if there is more than one circuit court in the county, they include all that are therein established. M. C. 19, § 9. INTERPRETATIVF. 12. The words "magistrate's court*' or "magis- trate's court of tho county" mean the magistrate's X4. ARTiriE i;J is amendea by adding thereto the ARriCLE 1.) i» ni^ vVhf^never in the school law followint? clauses:— wnenevei lu ^nrfla nuuv elementary school ; the words; ";\«^"^ ;X; o„v i.iimarv intermeaiiite school, and tiie woiub, '"^ca.lemy «oh^l'' >'^ " •'^"'^''■"y ■'"^ t>nmary ™£"cotrs\vhich correspond to these various «rad^^ Tschools are called " ele.nentary courses, , intermediate courses" and " superior courses. control of school commissioners or trustees, school inspectors, professors and teachers of normal schools, male and female certificated teachers teaching in an institution under the control of school commissioners or trustees, or in those subsidized by them or by the Government out of the funds voted for education, but does not include members of the clergy or of religious communities or professors in colleges or uni- versities. R. S., 2238, a7)^. 1^« The words '* teacher " or " professor " apply also to female teacliers and to all persons, whether lay or religious, teaching in virtue of this act. R. S., 1860, § 3. ^ * (1) Teachers are exempt from serving a^ jurors. Art. 2G2I, R. S. Q. Held: — That the salary of teachers is exernj t from seizure. Boy vs. Coderi'e and the School Commissioners of S'. Ours and SCHOOL LAW 16. The words " real estate " " land " or " im- moveable " mean all lands or parcels of land, pos- sessed or occupied by one person or by several persons conjointly, and include the buildings and improvements thereon. M. C, 19, § 24. 17. The term " taxable property " means the real estate liable for school taxes. 11. S., 1860, § 13. 18. The words " school tax " or " tax " design- ate and mean all and every the contributions that may be levied in virtue of this act. New, MeilUnr, T. S. C. Q. B., 1848, Judges Rolland, Day and Smith. — M. 0. R., p. 73, 'ind edition, and Lovejoy rs. Campbell. S. C, Mom real, lb84. Judge Loranger. — L. N., vol. 7, p. 397. (2) Salaries of professors, tutors and school teacliers are exernpt from seizure. Code of Civ. Proc. 599. sec 8. ' (3) Held .-—That art. 628 (now o99) or ihe " Code of Civil Procedure," which declares the salaries of teachers to be exonipt from seizure, does not applj' to a person employee' asa piivate tutor and who, as such, travels with liis pupil. Lafricain r.v, Villeneuve, S. C, Montreal, 1881, Judge Johnson.— L. N., vol. 4, p, 54. (4) Held: — That the appellants (an institution incorporated for educational purposes) were legally responsible for the dtath of respondent's husband; he liaving been killed by the bursting of a cannon, which accident was due to the imprudence and incapacity of two pupils of the institution, who tired the cannon on the appel- la ni's grounds and under the surveillance oi one of the directors of the institution. Cleir>i Paroixsianx de St. Viateur vs. Lahelle. C.Q.B. , Montreal, 1879. — L. >r. , vol. 2, p. 83, confirming judgment of S, C. , Judge Torrance, 1877. -L. N. vol. 1, p. 63. (5) Held: — That an action, taken under the L ssor and Lessee Act (art. 887 and following of the Code of Civil Proc.) to eject a teacher to whom over and above her salirj' the privilege of dwel- ling in the school house had been granted, and who continued to occupy it, against the will of the Commissioners, f,ftpr the termin- ation of her engagement, could not be maintained for want of jurisdiction, there being no lease expressed or presumed. School Com. St. David r*'. De Varenne, C. C, Quebec, 1878, Judge Caron. — Q.L.R, vol. 4, p. 206. 1 taxi 8ch( 2\ tribj this I Neul I INTERPRETATIVE. (( or "im- land, pos- by several dings and ms the real 0, § 13. i. " design- itions that y and Smith. phell. S. C, 97. ira are exernpt Code of Civil to be exonipt ipiivate tutor VillencHi't. p. 54. ;orporated for the dtath of o bursting of nd incapacity on the appel- e directors of vs. LahtUt. ng judgment r and Lessee 3. ) to eject a lege of dwel- continued to the termin- for want of ed. School udge Caron. 19. The words " school assessment " niean the tax which is levied on the taxable property of a school municipality. New.-- '^ 20. The words " monthly fees " mean the con- tribution exacted for each child who, in virtue of this act, should or may attend the public schools. New. 21. The words "valuator" and "assessor" mean any person appointed by school commissioners or trustees or by the Superintendent of Public In- struction to value the taxable property of the school municipality. R. S., 1860, § 8, mod. 22. The term " rate-payer " means any person who, in virtue of any provision of this act,- is liable for the payment of school taxes. R. S , 1860, § 7. 2;5. The word " occupant " denotes the person who occupies any immovable under any title other than that of proprietor, tenant, or usufructuary, either in ids own or his wife's name, and who dwells upon the same and derives revenue therefrom. M. C, 19 § 19. 21. The word " absent " designates all persons residing without the limits of the school municipal- ity ; nevertheless, any person, corporation, railway or other company, which has any place of business within the municipality, shall be deemed present in such municipality. R. S., 1860, § 14, mod. 25. The word " guardian " means, as the case may be, 1. The guardian appointed to a seizure ; 2. Any person who has the care or control of one or more children of school age. R. S., 1860, § 9. 3 ' a 6 SCHOOL LAW 2€« The words " religious majority " or " reli- gious minority " mean the Roman Catholic or Pro- testant majority or minority, as the case may be. R. S., 1860, § 4. . ST. The words " school year " mean the twelve months from the first of July of one year to and including the thirtieth of June of the next year. R. S., 1860, §15. - 88. The term " month " means a calendar month. R. S., 1860, §16. 29- The expression " following day " does not moan or include holidays, except when an act may be done upon a holiday. M. C, 19, § 30. CHAPTER SECOND , V DECLARATORY , ^ ^ APPOINTMENTS BY THE LIEUTENANT-GOVERNOR 30. The Lieutenant-Governor in Council may, at any time, and whenever he deems it necessary, annul any appointment made by him and make new appointments in place of those he has annulled. R. S., 1868, mod. ^ * //eZrZ .—That the Lieutenant-Governor in Council may annul the appointment of a school conimissioner (or trustee) by him made and may appoint another commiffioner (oriiustee) in his stead. Bertrand t^s. Laloixle, S. C. Terrebonne, 1883, Judge Belanger. — L. N., vol. 6, p. 365. DECLARATORY SECTION ir ar " mean the twelve ans a calendar month. OATHS AXD SOLEMN DECLARATIONS ^ •51« All oaths or solemn declarations, required by the laws or regulations concerning education, may J:>e administered or received by the Superintendent of Public Instruction, either of the secretaries of the Department of Public Instruction, any school in- spector, any justice of the peace or any commissioner of the Superior Court. R. S., 18C4ci, am. SECTION III FORMS 32. The forms inserted in this act form part thereof and are sufficient for all cases tor which they are proposed. Any other form to the like effect may also be employed. R. S., 1879. EN ANT-GOVERNOR lor in Council may, deems it necessary, by him and make lose he has annulled. iior in Council may annul |r (or trustee) by him made (or 1 1 ustee) in his stead. 1883, Judge Belanger. — SECTION IV QUORUM 33. The quorum of any corporation, board, com- mittee or other body constituted under this act, shall, unless otherwise provided, be an absolute majority of all the members thereof. R. S., 1861. 34. The members present at any meeting regularly held, at which there is a quorum, may exercise all the powers of the corporation of which they are mem- bers. R. S., 1861, in part, mod. 6 SCHOOL LAW 2lr« The words " religious majority " or " reli- gious minority " mean the Roman Catholic or Pro- testant majority or minority, as the case may be. R. S., 1860, § 4. 27. The words " school year " mean the twelve months from the first of July of one year to and including the thirtieth of June of the next year. R. S., 1860, § 15. 28. The term " month " means a calendar month. R. S., 1860, § 16. 29- The expresFion " following day " does not mean or include holidays, except when an act may be done upon a holiday. M. C, 19, § 30. CHAPTER SECOND DECLARATORY m: SECTION I APPOINTMENTS UY THE LIEUTENANT-GOVERNOR Article 30 is replaced by the following : — " SO. The Lieutenant-Governor in Council, may, [' at anj'^ time, and whenever he deems it necessary, ® annul the administrative acts and appointments made by him and make new administrative acts and appointments in place of those he has annulled." • 11 and may appoint another commissioner (oriiustee) in his stead. Bert rand I's. Lalomle, S. C. Terrebonne, 1883, Judge Belanger. — L. N., vol. 6, p. 365. DECLARATORY SECTION If OATHS AND SOLEMN DECLARATIONS 551- All oaths or solemn declarations, required by the laws or regulations concerning education, may i)e administered or received by the Superintendent of Public Instruction, either of the secretaries of the Department of Public Instruction, any school in- spector, any justice of the peace or any commissioner of the Superior Court. R. S., 1864:(, am. SECTION III FORMS 33. The forms inserted in this act form part thereof and are sufficient for all cases for which they are proposed. Any other form to the like effect may also be employed. R. S., 1879. SECTION IV QUORUM 33. The quorum of any corporation, board, com- mittee or other body constituted under this act, shall, unless otherwise provided, be an absolute majority of all the members thereof. R. S., 1861. 34. The members present at any meeting regularly held, at which there is a quorum, may exercise all the powers of the corporation of which they are mem- bers. R. S., 1861, w party mod. i 8 SCHOOL LAW -.'.:"■ SHCTION V ' '' / . ■ ; ■ DEFAULT OR INSUFFICIENCY OF AND DELAYS AFTER NOTICE 35- Whoever has had knowledge of a matter for which a notice is required cannot take advantage of any default, error in form, or insufficiency of such notice. E. S., 1865, in part. 36. The intermediate delay after a notice dates from the day on which such notice was served, that day and the one given in the notice not counting. M. C, 231. TITLE FIRST DEPARTMENT OF PUBLIC INSTRUCTION — SUPERINTENDENT OF PUBLIC INSTRUCTION— COUNCIL OF PUBLIC , >. INSTRUCTION— SCHOOL VISITORS — SCHOOL INSPECTORS — CENTRAL BOARD OF EXAMINERS * CHAPTER FIRST , : DEPARTMENT OF PUBLIC INSTRUCTION ■,-■■ ■ * ■-" ' '.■ ' ■ . , ' ' /.-'"- '"-.'■"'■ '■;-■'-,■ V J^, ■ ■ '-:'.,',.-;•'■. SECTION I <:-r--'''- ■■■'''■: ■■'-- GENERAL PROVISIONS 37. The Department of Puhlic Instruction forms part of the Civil Service of the Province. R. S., 1881, in part. DEPARTMENT OF PUBLIC INSTRUCTION 9 -allerios founded by such societies, by the Government or by institu- tions receiviui^ a government grant ; {()) Establish competilions and distribute diplo- mas, medals or other nuirks of distinction for scho- lastic, artistic, literary or scientiiic works ; (c) Estahlisli schools for adults for the instruction of the working classes ; ((/) In general, do everything that concerns the encouragomont and advancement of public instruc- tion, arts, letters and sciences. R. S. 1892, §§ 8^>, 8(', SI, 8^'. ' ' - CHAPTER THIRD COUNCIL OF PUBLIC INSTRUCTION AND COMMITTEES THEREOF ' .SKfTfOX I COUNCIL OK rUlJLlC INSTRUCTION' 46. The Council of Public Instruction is com- posed of Roman Catholic and Protestant members. In the performance of their duties the members are subject to the lawful orders and instructions given to them by the Lieutenant-Governor in Council. 14 SCHOOL LAW M/ The Council is divided into two committees, one composed of Roman Catholic members, and the other of Protestant members. R. S. 1893, 1894, 1896, in part: 4'7. The Roman Catholic Committee is com^^'^'^ed of: The Bishops, ordinaries or administrators of the Roman Catholic dioceses and apostolic vicariates, situated either in whole or in part in the Province, who are members ex officio ; An equal number of Roman Catholic laymen who are appointed by the Lieutenant-Governor in Coun- cil during pleasure ; 2. The Protestant Committee is composed of : A number of Protestant members, equal to the number of Roman Catholic lay members, who are also appointed by the Lieutenant-Governor in C n- cil. The I^rotestant Committee may associate with themselves six persons, and the Provincial Associa- tion of Protestant Teachers may, each year, at their annual meeting, elect one of their members to be also an associate member of the Protestant Com- mittee for the following year. The persons so added shall not form part of the Council of Public Instruction, but shall have, in the Protestant Committee, the same powers as the mem- bers of such Committee. R. S., 1896, 1903, iwpart. 48. School questions, in which the interests of Roman Catholics and Protestants are collectively concerned, are under the jurisdiction of the Council of Public Instruction and shall be decided by it. R. S., 1910, mod. COUNCIL AND COMMITTEES 15 two committees, one ', members, and the , R. S. 1893, 1894, )mmittee is com'^'^'^ed administrators of the i apostolic vicariates, part in the Province, Catholic laymen who nt-Governor in Coun- je is composed of : embers, equal to the y members, who are mt-Governor in C n- may associate with e Provincial Associa- ly, each year, at their their members to be the Protestant Com- not form part of the jut shall have, in the c powers as the mem- .,1896, 1903, inpar^. hich the interests of ants are collectively iction of the Council be decided by it. R. 49- School questions, in which the interests of Roman Catholics or Protestants are exchisivcly con- cerned, are decided by that one of the two com- mittees which represents the religious belief which the party concerned professes. R. S., 1911, mod. 50. The Superintendent of Public Instruction is President of the Council. R. S., 1888, 1895, in part. 51. The two secretaries of the Department of Public Instruction are joint secretaries of the Coun- cil. They keep the accounts of the Council and enter the deliberations in a book kept for that purpose. R. S., 1897, in imrt^ mod. 52. The expenses of the Council are paid by the Superintendent of Public instruction out of the funds voted for that purpose by the Legislature. R. S., 1898, am. 8K0T1ON U V ' OOMMITTKES OF THE COUNCIL OF l'L'UL[(J INSTRUCl'ION 53. Each of the two committees of the Council of Public Instruction has separate sittings. It ap- points its chairman and its secretary. R. S., 1901, ill jpart. 54. It is the duty of each committee to make regulations, subject to the approval of the Lieut- enant-Governor in Council, to determine what con- stitutes an elementary school, a model school and an academy. R. S., 1912 § 3, mod. 55. The Roman Catholic or Protestant committee, as the case may be, and as the provisions which m 14 SCHOOL LAW The Council is divided into two committees, one composed of Roman Catholic members, and the other of Protestant members. R. S. 1893, 1894, 1896, in part: 47. The Roman Catholic Committee is composed of: The Bishops, ordinaries or administrators of the Roman Catholic dioceses and apostolic vicariates, situated either in whole or in part in the Province, Article 47 is amended by adding after paragraph 1 thereof, the following clause : " The Lieutenant Governor in council may in addition add to the said committee four officers of instruction, of whom two priests being principals of , normal schools in this Province and two laymen officers of primary instruction, such appointment being made for a term not exceeding three years." '.^,'ti,\J ^ , A.J.W J- X \J \j\J*0\J\.\i^X \J ^^ v^ J themselves six persons, and the Provincial Associa- tion of Protestant Teachers may, each year, at their annual meeting, elect one of their members to be also an associate member of the Protestant Com- mittee for the following year. The persons so added shall not form part of the Council of Public Instruction, but shall have, in the Protestant Committee, the same powers as the mem- bers of such mmittee. R. S., 1896, 1903, inpart. 4H. Schovil questions, in which the interests of Roman Catholics and Protestants are coUectivelv concerned, are under the jurisdiction of the Council of Public Instruction and shall be decided by it. R. S., 1910, mod. COUNCIL AND COMMITTEES 15 49. School questions, in which the interests of Roman Catholics or Protestants are exclusively con- cerned, are decided by that one of the two com- mittees which represents the religious belief which the party concerned professes. R. S., 1911, mod. 50. The Superintendent of Public Instruction is President of the Council. R. S., 1888, ISdb^in part. 51. The two secretaries of the Department of PuIjUc Instruction are joint secretaries of the Coun- cil. They keep the accounts of the Council and enter the dehberations in a book kept for that purpose. R. S., 1897, in part^ mod. 52. The expenses of the Council are paid by the Superintendent of Public Instruction out of the funds voted for that purpose by the Les^islature. R. S., 1898, am. SECTION II OOMMITTKES OF THE COUNCIL OF PUULKJ INSTRUCTION ►3. Each of the two committees of the Council of Public Instruction has separate sittings. It ap- points its chairman and its secretary. R. S., 1901, in part. 54. It is the duty of each committee to make regulations, subject to the approval of the Lieut- enant-Governor in Council, to determine what con- stitutes an elementary school, a model school and an academy. R. S., 1912 § 3, mod. 55. The Roman Catholic or Protestant committee, as the case may be, and as the provisions which 16 SCHOOL LAW concern them require, may, with the approval of the Lieutenant-Governor in Council, make regulations : R. S., 1912. . ; 1. For the organization, administration and dis- cipline of public schools. Id. § 3. 2. For the division of the Province into districts of inspection and for establishing the boundaries of such districts ; 3. For the government of norm schools ; Id. § 2, 2220. 4. For the government of boards of examiners ; R. S., 1913. 5. For the examination of candidates for the office of school inspector ; R. S., 1944, § 5. 6. For determining the holidays to be given in schools. R. S., 1878. 56. Each committee shall approve the text- books, maps, globes, models or other articles for use in the schools of its religious belief, and, when it deems it expedient, it may withdraw the approval it has given. R. S., 1927, mo(Z. \ ■ ■ - 5T. Each of the two committees may revoke the diploma of any teacher of its religious belief con- victed of bad conduct, immorality, drunkenness, or grave neglect of duty, by proceeding in the follow- ing manner: R. S., 1915, mo. The insi)Octors of Roman Catholic schools for the inspection district of Saguenay and the Magdalen Islands, and the inspectors of Protestant schools for the inspection district of Gaspe and the Aragdalen Islands, may be exempted from the above prescribed formalities. R. S., 1*J44, am. HO, The principal duties of inspectors of public schools are : 1. To visit the public schools of eaeh school muni- cipality in their district of inspection ; 2. To examine the registers of the school commis- sioners or trustees and the presence roll of the schools of each school municipality under their control; 3. To examine the accounts of the secretarv- treasurers of the school municipalities under their control, and to assure themselves whether the pro- cedure prescribed by articles 332 and following of this act has been observed. 4. To ascertain whether the provisions of the school law and regulations are there carried out and obeyed ; 5. To conform to the provisions of the school law and regulations which concern them. R. S., 1942, am. SI. Any school inspector may oblige secretary- treasurers and teachers under his control, under a penalty of eight dollars for every refusal or neglect, to exhibit to him all the documents in their charge relating to their offices. R. S., 194u, mod. 24 SCHOOL LAW CHAPTER FIFTH SCHOOL INSPECTORS 70. The Lieutenant-Governor in Council may appoint school inspectors for public schools, selected from the persons who are qualified within the terms of article 78 of this act, whose salary shall not ex- ceed twelve hundred dollars per annum. R, S., 1942, in 'part, 1948, am, •77. Every inspector for public schools shall reside within the limits of his district of inspection, at the discretion of the Superintendent of Public Instruc- tion. In the performance of his duties, each school inspector shall comply with the instructions given to him by the Superintendent of Public Instruction, a!id conform to the roguljitions adopted by the com- mittee of the Council of Public Instruction of the religiouri belief to which Iiq belongs. He can hold no office under the control of the school commissioners or trustees of any municipality in his district of inspection. E. S., 1945, Ui part, am. T8. To be appointed school inspector, it is neces- sary : 1. To have attained the age of at least twenty five years ; 2. To have obtained a certificate oi * oma for ? n academy or model school ; Article 78 is amended by replacing paragraph 2 > thereof by the following : " To have obtained a diploma for an academy." SCHOOL INSPKCTORri 26 IS iieces- ■< p vpftra • 5. To have Hiicccsstully passed an examination in accordance with tlie re^s^nlationa npon tliis Hnbjcot a(h)ptedby either eomniitteo ot'tlie Oonncil of Public Instruction, as the case may be. R. S., 1944, in ptrf. 7?>. The inspectors of Roman (Catholic scliools for tlie inspection district t)fSaguenay and the Maii;m the above prescribed formalities. R. S., Ili44, aut. HO. The principal duties of inspectors of public schools are : 1. To visit the public schools of each school muni- cipality in their district of inspection ; 2. To examine the registers of the school commis- sioners or trustees and the presence roll of the scliools of each school municipality undei- their control; 3. To examine the accounts of the sccretarv- treasurers of the school municipalities under their control, and to assure themselves whether the pro- cedure prescribed by articles 332 and following of this act has been observed. 4. To ascertain whether the provisions of the school law and regulations are there carried out and obeyed ; 5. To conform to the provisions of the school law and regulations which coiicern them. R. S., 1942, aw. Hi» Any school inspector may oblige secretary- treasurers and teachers under his control, under a l)enalty of eight dollars for every refusal or neglect, to exhibit to him all the documents in their charge relating to their offices. R. S., 194u, mod. 26 SCHOOL LAW 82. Upon the order of the Superintendent of Public Instruction, any Bchool inspector may visit the schools in a district of inspection other than his own. E. S., 1953, in paii, mod. 83. Whenever an inspector is appointed by the Superintendent of Public Instruction to make an in- spection, inquiry or investigation, unless such in- spection, inquiry or investigation takes place at the time of his ordinary visit to the schools of the municipality, his travelling and other disbursements and any remuneration which the Superintendent of Public Instruction considers he should allow him, may be paid him. R. S., 19 1 9, am. CHAPTER SIXTH CENTRAL BOARD OF EXAMINERS S4. .The Lieutenant-Governor in Council may, upon the recommendation of the Roman Catholic or Protestant Committee, as the case may be, con- stitute by proclamation a Roman Catholic Central Board of Examiners and a Protestant Central Board of Examiners for the examination of candidates of each of the two relio-ious beliefs for teachers' di- plomas. This Board may issue diplomas valid for the elementary, model, academy and kindergarten schools under the control of the committee which recommended its appointment. R. S., 1966. Si5. The Central Board of Examiners shall be composed of not less than five nor more than ten ■ ' CE>TRAL BOARD OF EXAMINERS 27 EXAMINERS :>lomas valid for the and kindergarten :hc committee which R. S., 1966. Examiners shall be nor more than ten members, and a secretary, who are appointed by • the Lieutenant-Governor in Council, upon the re- commendation of the Roman Catholic or Protestant Committee, as the case may be. It selects its president. R. S., 1967, am, S6. The Central Board of Examiners is gov- erned by the provisions of this act and the regu- lations of the committee which recommended its appointment. The fees exacted from the candilates are em- ployed in paying the expenses of the board, which shall fix the salary of its secretary. R. S., 1969, ia party am.. 87. The Central Board of Examiners shall : 1. Prepare or cause to be prepared the examina- tion questions upon the various subjects of the pro- gramme ; 2. Appoint deputy examiners to supervise the examination, and cause the questions to be submit- ted to the candidates to be sent to them ; 3. Make a careful examination of the answers given b}^ the candidates and deliver, to those de- serving the same, certificates of efliciency, which shall l3e signed by the president and secretary, and to which shall be affixed the seal of the Department of Public Instruction ; 4. Cause to be entered, in a register to be kept for the purpose, the name and surname of each teacher admitted, the class and degree of his diploma, the language or languages which such diploma gives the right to teach, and the standing obtained ; 5. Have a register in which the proceedings of each session are entered, which shall be signed by the president and the secretary ; 26 SCHOOL LAW 82. Upon the order of the Superintendent of Public Instruction, any school inspector may visit the schools in a district of inspection other than his own. R. S., 1953, in part, mod, 83. Whenever an inspector is appointed by the Superintendent of Public Instruction to make an in- spection, inquiry or investigation, unless such in- spection, inquiry or investigation takes place at the time of his ordinary visit to the schools of the municipality, his travelling and other disbursements and any remuneration which the Superintendent of Public Instruction considers he should allow him, may be paid him. R. S., 1919, aw. CliAVlER SIXTH CENTRAL BOARD OP EXAMINERS 84. .The Lieutenant-Governor in Council may, upon the recommendation of the Roman Catholic or Protestant Committee, as the case may be, con- Article 84 is amended by replacing the last clause thereof by the following : " Such boards may issue diplomas valid for the schools under the control of the committee which recommended their appointment and in accordance with the regulations of each committee." scnoois unaer tae coutroi ui urn coiiiniiLiuu wnicu recommended its appointment. R. S., 1966. 85- The Central Board of Examiners shall be composed of not less than live nor more than ten CENTRAL BOARD OF EXAMINERS 27 i wniuu members, and a secretary, who are appointed by the Lieutenant-Governor in Council, upon the re- commendation of the Roman Catholic or Protestant Committee, as the case may be. It selects its president. R. S., 1967, am, 86. The Central Board of Examiners is gov- erned b3^ the provisions of this act and the regu- lations of the committee which recommended its appointment. The fees exacted from the candi lates are em- ployed in paying the expenses of the board, which shall fix the salary of its secretary. R. S., 1969, in part, am. 87. The Central Board of Examiners shall : 1. Prepare or cause to be prepared the examina- tion questions upon the various subjects of the pro- gramme ; 2. Appoint deputy examiners to supervise the examination, and cause the questions to be submit- ted to the candidates to be sent to them ; 3. Make a careful examination of the answers given b}^ the candidates and deliver, to those de- serving the me, certificates of efliciency, which shall be signed by the president and secretary, and to which shall be affixed the seal of the Department of Public Instruction ; 4. Cause to be entered, in a register to be kept for the purpose, the name and surname of each teacher admitted, the class and degree of his diploma, the language or languages which such diploma gives the right to teach, and the standing obtained ; 5. Have a register in which the proceedings of each session are entered, which shall be signed by the president and the secretary ; 28 SCHOOL LAW I! 6. Cause to be registered, by its secretary, tbe certificates of age, morality and capacity which have been produced by the successful candidates ; and the secretary shall also prepare and address the diplomas and perform all the duties which his oflice requires ; 7. Make use of the forms of diploma, which shall be supplied by the Superintendent of Public Instruction. R. S., 1962, §§ 7, 11, 12, 1968,rtw. ^H> Candidates for the various diplomas must, previous to the examination, comply with the re- quireme.-'sof the programme which either commit- tee of the Council of Public Instruction, as the case may be, may, from time to time, establish, with the approval of the Lieutenant-Governor ?n Council. E. S., 1913. 89. The secretary of the Central Board of Exam- iners shall, during the sixty days following the ex- amination, transmit to the Superintendent of Public Instruction alistof the candidates received, mention- ing the class and degree of their diploma, the Ian-, guage or languages which it gives the right to teach and the standing obtained. E. S., 1962, § 10, am. 90. The Central Board of Examiners shall yearly send to the Superintendent of Public Instruction a detailed statement of the receipts and expenditure for each session. New. Ol. The Superintendent of Public Instruction, or any person delegated by him, may examine the re- gisters, books and all other documents of boards of examiners. J^'ew. m( of CENTRAL BOARD OF EXAMINERS 29 tary, the ich have tes ; and Iress the liis office 1 shall be trnction. as must, the re- cornmit- the case with the Council. f Exam- the ex- f Public nention- the Ian-, 'ight to B2, § 10, 02. The Lieutenant-Governor in Council may, upon the recommendation of either committee of the Council of Public Instruction, as the case may be, modify the details of the duties imposed upon boards of examiners. R. S., 'i06S, in part. 03- Unless he has obtained a diploma in virtue of some provision of this act, every person, to be enabled to teach in anv school under the control of school commissioners or trustees, must be provided with a diploma from a board of examiners, saving nevertheless, ministers and members of either sex of a religious corporation constituted for educational purposes, who are exempt. The Protestant Committee of the Council of Public Instruction may, however, by resolution, de- clare that the persons of its religious belief so ex- empted shall-no longer enjoy such exemption ; and after the date of such resolution the privilege grant- ed by this article shall no longer exist for such persons. R S., 1959, 1960, am. - 1 yearly iction a nditure tion, or the re- >ards of ■ , 30 SCHOOL LAW TITLE SECOND SCHOOL MUNICIPALITIES AND DISTRICTS — DISSENTIENTS — SCHOOL CORPORATIONS — SCHOOL COMMISSIONERS AND TRUSTEES — NOTICES — TRUSTEES OF DIS- SFNTIENT SCHOOLS — SECRETARY-TREA- SUKERS OF SCHOOL COMMISSIONERS AND TRUSTEES CHAPTER FIRST SCHOOL MUNICIPALITIES AND DISTRICTS SECTION I SCHOOL MUNICIPALITIES Ol. Each school municipality in the Province shall contain one or more public schools, under the control of school commissioners or trustees. R. S., 1970, mod 05. The inhabitants of each school municipality, unless otherwise provided by special statutes, are, for the purposes of this act, submitted to the jurisdiction of school commissioners or trustees elected or appoint- ed for such municipality. R. S., 1972, am. 06. The Lieutenant-Governor in council may, at the request of the interested parties and upon the recommendation of the Superintendent of Public Instruction, erect school municipalities, divide such municipalities and alter the limits of those already existing. R. S., 1973, in part, am. SCHOOL MUNICIPALITIES liool municipality, al statutes, are, for (I to the jurisdiction selected or appoint- 1972, am. ftT. The erections, divisions, or alterations of the limits of school municipalities may apply only to the Roman Catholics or the Protestants, as the case may be, comprised within their territory. In such case, the notice to he given by the Superintendent of Public Instruction in the Quebec Official Gazette^ as stated in the following article, shall make mention of the fact. E. 8., 1973, in part, am. OS. When the request for the erection, the divj ision, or the alteration of the limits of a municipality is addressed to him, the Superintendent of Public Instruction shall so inform the corporations con- cerned, requiring them without delay to make their objections, if any they have, and, fifteen days after they have given this information, he shall, if the erection, division, or alteration prayed for seems to him to be expedient, publish a notice respecting buch application in two consecutive numbers of the Quebec Official Gazette; but such alteration, division, or erection of a school municipality shall not apply to the dissentient minority existing in any munici- pality aifected by the alteration, division, or erection unless the trustees have consented thereto. R. S., 1973, in part, am. 01>. Erections or alterations of the limits or div- isions of school municipalities cannot be granted until fifteen days after the last publication of the notice mentioned in the preceding article. They do not take effect until the first day of July following the date of the order in council granting them. Notice of such erections, alterations in the limits, or divisions of municipalities shall be published in the Quebec Official Gazette. R. S., 1971, 1973, in part, am. 30 SCHOOL LAW TITLE SECOND u SCHOOL MUNICIPALITIES AND DISTRICTS — DISSENTIENTS — SCHOOL CORPORATIONS — SCHOOL COMMISSIONERS AND TRUSTEES — NOTICES — TRUSTEES OF DIS- SENTIENT SCHOOLS — SECRETARY-TREA- SURERS OF SCHOOL COMMISSIONERS AND TRUSTEES CHArTER FIRST SCHOOL MUNICIPALITIES AND DISTRICTS SECTION I SCHOOL MU.MCIPALITIES 94:. Each school municipality in the Province shall contain one or more public schools, under the control of school commissioners or trustees. R. S., 1970, mod. 05» The inhabitants of each school municipality, unless otherwise provided by special statutes, are, for the purposes of this act, submitted to the jurisdiction of school commissioners or trustees elected or appoint- ed for such municipality. R. S., 1972, am. Article 96 is amended by adding thereto the following clause: — " No change under this article shall be granted except upon the application of the majority of the proprietors of real estate comprised within the limits of the territory whereof the erection into a municipality, or the division, or the annexation to an existing municipality is prayed for." SCHOOL MUNICIPALITIES 81 !>T. The erections, divisioiiB, or alterations of the limits of school municipalities may apply only to the Roman Catholics or the Protestants, as the case may be, comprised within their territory. In such case, the notice to be given by the Superintendent of Public Instruction in the Quebec Official Gazette, as stated in the following article, shall make mention of the fact. E. S., !373, in pari, am. OS. When the request for the erection, the divj iaion, or the alteration of the limits of a municipality is addressed to him, the Superintendent of Public Instruction shall so inform the corporations con- cerned, requiring them without delay to make their objections, if any they have, and, fifteen days after they have given this information, he shall, if the erection, division, or alteration prayed for seems to him to be expedient, publish a notice respecting such application in two consecutive numbers of the Quebec Official Gazette; but such alteration, division, or erection of a school municipality shall not apply to the dissentient minority existing in any munici- pality aifected by the alteration, division, or erection unless the trustees have consented thereto. R. S., 1973, iti part, am. 90. Erections or alterations of the limits or div- isions of school municipalities cannot be granted until fifteen days after the last publication of the notice mentioned in the preceding article. They do not take eftect until the first day of July following the date of the order in council granting them. Notice of such erections, alterations in the limits, or divisions of municipalities shall be published in the Quebec Official Gazette. R. S., 1971, 1973, in part, am. 32 SCHOOL LAW lOtK The Saporintendent of Public Instruction may require that the costs incurred by the erectioi>, alteration of the limits, or division of a municipality be guaranteed by the persons applying for the same, R. S., 1073, in purt, am. lOI. The costs occasioned by tlie annexation of any territory to a school municipality are at the charge of the municipality to which such territory is annexed. 11. S., 1973, in jhui, am. 103* The rate-payers, whose properties are de- tached from one municipality to form a new muni- cipality or to be annexed to another, are obliged to pay all special taxes that have been imposed in the municipality in which such properties were before the application made by tliein to be detached from the said municipality. New, 103. When a municipality is divided owing to the formation of a new municipality or the annexa- tion of its territory to a municipality already exist- ing, the debts or assets, as the case may be, are divid- ed pro rata to the valuation of the real estate. The same rule a.p[)lies when the religious minorit}^ declares itself dissentient. JS^e^v. ^ 104. In the case of an erection of a new munici- pality, the rate-payers of the said municipality shall, upon the first Monday, or if that be impossible, upon one of the other juridical Mondays of the month of f/ * Held: -That the old municipality has recourse against the rate-payers of the uew municipality, or aguiust those of them who are proprietors of lands suhject to a former obligation and not against the new municipality. La Corporation da Sacrc-Cwtir et la Corporation de Einiou-^li, L. N., vol. 7, p. 407. SCHOOL MUNICIPALITIES 33 July following the publication of the notice of such erection in the Quebec Official Gazette^ elect their school commissioners in the manner prescribed in articles 150 and following of this act. If not, such school commissioners are appointed by the Lieu- tenant-Governor in council, upon the recommenda- tion of the Superintendent of Public Instruction. R S., 1974. 105. When, by the erection of one or more muni- cipalities, the municipality or the niunicipalities from which thev have been detached cease to exist, or if one or more municipahties are abolished by their annexation to (mo or more neighboring municii)ali- ties, or by the union of two or more municipalities, the Superintendent of Public Instruction, if a de- mand be made upon him by live interested rate- payers during the six months which follow such annexations or abolitions of municipalities, or any other person appointed by him for that purpose, may enquire into the state of aifairs of the abolished municipalities. R. S., 1975, am, 106. The person charged with the said inquiry shall give a notice of at least eight days to the school commissioners or trustees, as the case may be, of the old and new municipalities interested, of the place where and of the day and hour when the examina- tion in question will be proceeded with, so that they may be present or be represented thereat. For the purposes of the inquiry, the person holding it shall have all the powers conferred by article 44 of this act upon the Superintendent of Public Instruc- tion himself. R. S., 1976, in 2)art. 84 SCHOOL LAW 107. The Superintendent of Public Instruction, after having heard the interested parties, or upon the report of the [jornon whom he has delegated in his stead for that purpose, shall give his decision, which shall have the eHect of an award of arbitra- tors, and shall be iinal and without appeal. R. S., 1976, in part. li\Hm Until the Superintendent of Public In- struction has made his award above-mentioned, the school municipalities interested shall remain in the same state, and the commissioners or trustees shall remain vested with the same rights and powers, as before the said abolition and annexation, as regards the management of the schools ; but they cannot contract any new debt or obligation. R S., 1977, in part. 109. If the Superintendent of Public Instruction decides that the school commissioners or trustees of the abolished municipality shall pay a part of their debts, or do anything whatever which requires the continuation of the existence of their school muni- cipality, he shall expressly so declare it in his award. In such case, the school municipality or municipal- ities in question shall, for the purpose of carrying out the said award, continue to exist as if the aboli- tion of such municipalities and annexation of its territory had never taken place, and may levy taxes until the said award shall be completely carried out, without prejudice to the right of the new school municipality or municipalities to levy and recover taxes, according to the provisions of the law, from the rate-payers under their control. R. S., 1977, in part. SCHOOL MUNICIPALITIES 85 no. The school municipality or municipjilitics, which shall so continue tlieii* legal existence tor the purpose of carrying out the said award, shall every year, on or before the first day of July, make a report to the Superintendent of Public Instruction of all that has been done in carrying out the aw^ard, until the Superintendent declares the award com- pletely carried out. From the day of the publication of such decla- ration in the Qnclxw Ofjiclnl G(tzeft{\ such school municipality or municipalities shall cease to have any legal existence. R. S., 1978, aw. 111. The Superintendent of Public Instruction may, in the said aw^ard, order that the new school municipality or municipalities shall have the right to levy, upon the territory from which they have been detached, or upon the abolished municipality or municipalities, a special tax in addition to the ordinary school tax, during one or more years ; and then the said tax so levied may be recovered at the same time and in the same manner, and with the same rights and privileges aa the ordinary school taxes, whether the new school municipality or mu- nicipalities have or have not a special school law. In all proceedings for the recovery of such special tax, an extract from the award, with the certificate of the chairman of the school municipality interest- ed, or of the clerk of the corporation charged with the collection, shall be proof of the existence of the tax in question. E,, S., 1970. 36 SCHOOL LAW SK(,'TI»tN II SCHOOL DISTRICTS 112. The school commissioners and trustees shall divide their respective municipalities into school districts which they shall designate hy numbers. They may also, ^vhenever they deem expedient, alter, by resolution, the limits of districts already existing and erect new ones or divide them. E. S., 1981, T n 'part. 11*5. School commissioners or trustees need not divide into school districts the incorporated cities, towns or villages, erected into school municipalities. If such division has already taken place, they may, by resolution, annul it, in which case the whole of such school municipalitv shall form one school dis- trict. R. S., 1983, nio'l 114. A description of the limits assigned to each district shall be entered in the register of proceedings of the school board. R. S., 1981, in 'part. 115. To be established, a school district shall contain at least twenty children from five to sixteen years of age. The commissioners or trustees may, for special reasons, however, establish one school district con- taining a smaller number of children. E. 8., 1984, mod. 116. No district shall exceed five miles in length or breadth, unless the school commissioners or trus- tees have provided means for the transport of the children to the school, in conformity with the prov- SCHOOL DISTRICTS 37 isions of article 118 of this act. R. S., 1981, hi part and new. 117. The School commissioners or trustees shall take care that there be, as far as possible, a school in each district ; but they may, when they deem it necessary, unite two or more districts for the same school, and again separate them. The Superintendent of Public Instruction shall, in either case, be notified of any such changes. R. S., 1982. 118. When the commissioners or trustees unite two or more school districts to maintain one school, or when a district is too extended, they may make arrangements for the conveyance to and from school of the pupils living at a distance. Neiv, no. The school commissioners or trustees may, with the authorization of the Superintendent of Public Instruction, build and maintain two or more school-houses in each district in their municipality. E. S., 2050, mod. 120. Children domicii'>d in a district in which there is a school in opera,'.ion cannot attend the school in another district in the municiplity, ex- cept under special permission of the school commis- sioners or trustees, as the case may be. But any rate-payer in a district in which there is no school in operation, may send his children to the school in a neighboring district in the same municipality, upon payment of the monthly fee charged for child- ren ot the latter district. R. S., 2070, am. 121. Any child may attend the model school or academy in his municipality. But no child resident 5 I. ' ■' Li • I i 38 SCHOOL LAW outside the district in which such school is situated can attend the same if he has not the attainments required to follow the model or academy course. .Neiv. 1!22» Model schools, academies and girls' schools •established in virtue of articles 272 and 273 of this act, are oach considered as a school district. R. S'., 2181, in part. CHAPTER SrCOI^D DISSENTIENTS 125$. In any school municipality, any number of proprietors, occupants, tenants or rate-payers pro- fessing a religious belief difterent from that of the ma,]ority of the rate-payers of such municipaUty, may give, to the chairman of the school commis- sioners, a notice in writing by which they inform him of their intention to withdraw from the control of the school commissioners in order to form a se- parate corporation under the administration of school trustees. R. S., 1985, in part^ mod. ^ * Held .■—That in a school municipality, there shall not h*? more than one board of school trus-tees, and eiich of the dif- ferent sects forming the minority caiuiot leg ^ .etuand a school and Imard of school trustees of its own. Ci. uiwi v-^. if SrhonI Tfic•■•<. YoniKf. — C. Sessions of the Peace, 1801, Judge Coursol. L. C. R., vol. 13, p. 473. by in DISSENTIENTS 39 12i. The notice of dissent shall be made in tri- plicate, and be, before the first of May, served upon the chairman of the commissioners or upon their secretary and upon the Superintendent of Public Instruction, and shall be signed by all the rate- payers who wish to be dissentients. One copy of such notice shall be deposited and kept in the archives of the trustees. (6'e6 Form No. 6.) R, S., 1985, in part, mod. 125. The dissent shall take eftcct only on the first of July following the date of the service of the notice mentioned in the preceding article, ex- cept in the qv/^q of the erection of a new school municipality as provided in article 130 of this act. R. S., IdSb, i7ip, in part. 137. When, in any municipality, the rate-payers who belong to the religious denomination of the dissentients become the majority, they may orga- nize themselves as a corporation of school commis- sioners. Held .—That (lissent.ents liave the right l(» (leterfiiiiio and limit the application of their school rates to schools of their own religion ; and, that in the exercise of this right they arc tiDt restricted to the nnuiicipality in which they reside, bnt i hat it hcing a ijcrsonal right, they may exercise it in onmi hxo. The School Com. of St. Bernard dc Lwolh vs. /ion man. S. C. Iberville, 18(5"), Judge JSicotte.— L. C. R., vol. IG, p. 204, and L. C. J., vol. U), p. lt'3. jpStiC^JC 40 SCHOOL LAW For that purpose, they shall give a notice in tripli- cate, like the notice of dissent, which shall be served upon the chairman of the commissioners and upon the Superintendent of Public Instruction, on or before the first of May. (See Form No. 8.) The status quo is maintained up to the month of July following, and at that date an election is held in the usual way for the election of five school commissioners, either for all the rate-payers, if the former majority, which has become the minority, has not declared itself dissentient in accordance with the following article, or for the religious majo- rity, if the minorily has declared itself dissentient. R. S., 1987, mod. VJtH. When the dissentients have declared their intention of organizing themselves as a corporation of school commissioners, in accordance with the preceding article, the former majority, which has become the minority, may at once declare itself dissenli> lit, by giving notice to the Superintendent of Public Instruction and to the chairman of the trustees. (See Form No. 7.) The notice of dissent must, in such case, in order to have efi:ect the same year, be served on or before the fifteenth of June. In the month of July following, the new dissen- tients elect their school trustees in the usual manner. If the notice of dissent is not served before the fifteenth of June, the minority is governed by the school comm'jsioners until it declares itself dissen- tient, in the manner prescribed by articles 123 and following of this act. R. S,, 1987a, mod. 12tf. Dissentients are not liable for any taxes or school rates which may be imposed by the school DISSENTIENTS 41 in tripli- )e served ,nd upon I, on or e month lection is re school •s, if the minority, :cordance )U8 majo- Bsentient. tred their rporation ^vith the hich has are itself ntendent m of the in order )r before [v dissen- manner. ifore the by the If dissen- 123 and taxes or le school commissioners, except for the assessments for the t: ""■■" Article 129 bv replacing the words:—" or those for the building of any school house previously con- tracted for, or " in the third, fourth, and nfth hnes, by the words: *' in virtue of article 253 or those. P a d 130« In the case of newly organized municipal- ities, if the declaration of dissent bo served upon the chairman of the school commissioners within thirty days after the organization of the school cor- poration, the dissentients shall not be liable for any taxes imposed by the school commissioners. During the thirty days which follow the service of the declaration of dissent, the dissentients elect their trustees in the manner prescribed by article 150 and following of this act. li. S., 1988, in jmrt, am. 1S$I« The dissentients in any municipality who, as such, form a school corporation may, upon their application, with the approval of the Superintendent of Public Instruction, unite with a neighboring school municipality of their religious belief, either completely or only for the purpose of sending their children to school. * I[<-/d : — That, in a suit Vxstween ratepayers and School Coni- iiiissioiiers, the organizvtion of a Boar»l of School Trustees, aii'i the fait that the ratepayers are dissentients may he proved hy wrhal testimony, wliore it is evident by receipts for school rates given during several years by the said iJoard of Trusto'is to the said rate- payers, and by otlior (ireuni stances tiiit such a l)oard has d' facto existed. Srhoof Com^. of the Toirnshi/t of' Roxfon r*. Jiostitu i^t at. C. Q. B., Montreal, 1879.— L. C J., \ol.-2t, p. 122. f 40 SCHOOL LAW For that purpose, they shall give a notice in tripli- cate, like the notice of dissent, which shall be served upon the chairman of the commissioners and upon the Superintendent of Public Instruction, on or before the first of May. (See Form No. 8.) The status quo is maintained up to the month of July following, and at that date an election is held in the usual way for the election of five school commissioners, either for all the rate-payers, if the former majority, whi«!h has become the minonty, has not declared itself dissentient in accordance with the following article, or for the religious majo- rity, if the minority has declared itself dissentient. R. S., 1987, mod. VZH, When the dissentients have declared their intention of organizing themselves as a corporation of school commissioners, in accordance with the preceding article, the former majority, which has become the minority, ma}^ at once declare itself dissenti. lit, by giving notice to the Superintendent of Public Instruction and to the chairman of the trustees. (See Form No. 7.) The notice of dissent must, in such case, in order to have eft'ect the same year, be served on or before the fifteenth of June. In the month of July following, the new dissen- tients elect their school trustees in the usual manner. If the notice of dissent is not served before the fifteenth of June, the minority is governed by the school commissioners until it declares itself dissen- tient, in the manner prescribed by articles 123 and following of this act. R. S., 198Va, mod. 12fl. Dissentients are not liable for anv taxes or school rates which may be imposed by the school commissioners, then current yea school-house pre payment of deb always, that sue six months fron declaration of dis DISSENTIENTS 41 commissioners, except for the assessments for the then current year, or those for the building of any school-house previously contracted for, or for the payment of debts previously incurred, provided always, that such assessments are imposed within six months from the date of the receipt of the declaration of dissent. R. S., 1988, in part. ^ 130* In the case of newly organized municipal- ities, if the declaration of dissent be served upon the chairman of the school commissioners within thirty days after the organization of the school cor- poration, the dissentients shall not be liable for any taxes imposed by the school commissioners. During the thirty days which follow the service of the declaration of dissent, the dissentients elect their trustees in the manner prescribed by article 150 and following of this act. R. S., 1988, in part, am. 15$I. The dissentients in any municipality who, as such, form a school corporation may, upon their application, with the approval of the Superintendent of Public Instruction, unite witli a neighboring school municipality of their religious belief, either completely or only for the purpose of sending their children to school. * If' Id : — That, in a suit between ratepayers and School Coni- niissioners. the organization of a l»oar»l of School Trintees, aii'l the fai-t that I he ratepayers are (lis-?entients may he proved by verbal testimony, whore it is evident by reaeipts for school rates given during several years by the said lioard of Trnstcis to t lie said '•ate- payers, and by other i ircuni>tan(.-e-«, tint such a l)oard has d' farfo existed. Scfioo/ Corns, of the Toirtishi^t of Rortoti r<. Bosfoii et al. C. Q. B., Montreal, 1S79.— L. C. J., vol." 21, p. 122. 42 SCHOOL LAW In the case of a completo union, the school funds of the dissentient municipality which applied for the union shall be remitted to the school municipal- ity to which it has been united, and the territory comprised in such municipality shall form part of the municipality to which it has been united for all school purposes. If the union is only for the purpose of send- ing the children of dissentients to the schools of a neighboring school municipality, the school trustees of the municipality who have applied for the union, shall continue to collect the school taxes from the rate-payers bound to the payment thereof, but shall be bound to remit the amount to the school muni- cipality to which they are united within sixty days after the taxes have become due and payable. In both cases above-mentioned, there shall be but one rate of taxation for school purposes for the two municipalities. Such union may be cancelled by the Superintend- ent of Public Instruction upon the petition of either school municipality after twelve months' notice to that effect published in two consecutive numbers of the Quebec Official Gazette. R. S. 1989, am. 132. Any number whatever of the proprietors, occupants, tenants and rate-payers of a township or parish, divided into two or more school municipal- ities, professing a religion different from that of the majority of the said township or parish, may dissent and maintain one or more dissentient schools situat- ed in the said township or parish, by giving notice in writing to the chairman of the school commis- sioners of their respective municipalities according 4? to the mode pre^ of this act. In the month which the above dissentients shall The trustees i diate control, or ligious belief situ R. S., 1990, §§ 1, 13». Whenev school municlpali schools, either in with other schoo adjoining munici they are taking i the Superintendei ing three conseci Gazette to that etl ation of the first o the Lieutenant-Gc corporation of trus municipality. R. S 134. When thi tees is granted, a lished by the Sup in the Quebec Offic ation of the said up to that time, i shall then be subj' commissioners, ai the latter a sum taxes and assessm during all the tin 43 DLSSENTIENTS to the mode prescribed by article 124 and following of this act. In the month of July following the date upon which the above mentioned notice was given such dissentients shall elect three school trustees. The trustees shall maintain, under their imme- diate control, or subsidize a school of their own re- ligious belief situated in the said township or parish. R. S., 1990, ^ 1, 2, vwd. 1S«I* Whenever the trustees of a dissentient school municipality shall have been a year without schools, either in their own municipality or jointly with other school commissioners or trustees in an adjoining municipality, or when it is shown that they are taking no steps toward obtaining schools, the Superintendent of Public Instruction, after giv- ing three consecutive notices in the i^htebec Official Gazette to that effect, three months after the public- ation of the first of the said notices, may recommend the Lieutenant-Governor in Council to abolish the corporation of trustees of dissentient schools for such municipality. R. S., 1991, § 1. 134. When the abolition of a corporation of trus- tees is granted, a notice to that effect shall be pub- lished by the Superintendent of Public Instruction in the Quebec Official Gazette^ and, after the public- ation of the said notice, the ratepayers who were, up to that time, under the control of the trustees, shall then be subject to all taxes levied by the school commissioners, and shall be further held to pay to the latter a sum equal to their share of all school taxes and assessments levied by the commissioners during all the time for which the said dissentient 42 SCHOOL LAW 43 III tlio case of a complete iniioii, the school funds of the dissetitieiit municipality which applied for the union shall be remitted to the school municipal- ity to which it has been united, and the territory comprised in nuch municipality shall form part of the municipality to which it has been united for all school purposes. If the union is ouly for the purpose of send- ing the children of dissentients to the schools of a neighboring school mnniiipality, the school trustees of the municipality who have applied for the union, shall continue to collect the school taxes from the rate-payers bound to the payment thereof, but shall be bound to remit the amount to the school muni- cipality to which they are united within sixty days after the taxes have become due and payable. In both cases above-mentioned, there shall be but one rate of taxation for school purposes for the two municipalities. Such union may be cancelled by the Superintend- ent of Public Instruction upon the petition of either school municipulity after twelve months' notice to that effect published in two consecutive numbers of the Quebec Official Gazette. R. S. 1989, am. 132. Any number whatever of the proprietors, occupants, tenants and rate-payers of a township or parish, divided into two or more school municipal- ities, professing a religion different from that of the majority of the said township or parish, may dissent and maintain one or more dissentient schools situat- ed in the said township or parish, by giving notice in writing to the chairman of the school commis- sioners of their respective municipalities according to of wl dij 43 DISSENTIENTS 3ol funds plied for Liinicipal- territory i part of 3d for all of send- )ol8 of a I trustees le union, from the but shall •ol muni- xty days )le. ill be but the two prill tend- of either iotice to nbers of 3rietors, iship or Jiiicipal- it of the dissent s situat- ; notice ommis- cording to the mode prescribed by article 124 and followin:'' /y ^ OJ^, Photographic Sciences Corporation V\'^o^ Aj V <* "j *. ^ 23 WES' iMIN STREET WEBSTER, NY. 14SB0 (716) 872-4503 44 SCHOOL LAW < ii trustees had neglected to keep one or more schools in operation. The publication of the notice in the Qw bee Official Gazette is made at the expense of the .school board that has applied for the dissolution of the dissentient school corporation. R. S., 1991, § 2, am, 139* One year after the publication in the Quebec Official (razette of the notice of the dissolution of such dissentient school corporation, any number whatever of proprietors, tenants, occupants or rate- payers professing a religious faith other than that of the majority of the residents of 8U«h municipality may again form a new corporation as provided by the provisions of articles 123 and following of this act. R. S., 1992, am. ]' Ton'a nf Wiltiriui Hmrif S. C, Montreal 1855, Judge Mondelet.— L. C. J., vol. 3. p. 189. lidd : — That the members of a school board, who are in good faith, cannot be held pyrsonaliy responsible for iho decisions of fiuch board, even when such decisions are infractions of articles (of the law) which declare that person^ contravening them incur a fine. Andeffe dif Lapohife ef al rv. Dnhamet. S. C, Sorel, 1869, Judge Loranger. — R. L., vol. 1, p. 52. Held : — That a corporation is respoiisible for the aots of its offi- cers if it has ordered th m or if it ins attempted to justify them. Doi/on vs. The Cor)tora'i m nf the Parish of St . Joseph. 0. Q. B., Quebec, 1873.— L. C. J., vol." 17, p. 193. . Held: — That an action for libel may be brought against a cor- poration. That, by art. 350 of the Civil Code, a body politic is regulated by the Civil Code in its relation with citizens indi- vidually. Broicn rs. Thf- Corporation of .Montreal, S. C, Mont- real, 1871, Judge Beaudry.— L. C. J., vol. 17, p. 46 and R. C, vol. 1, p. 473. Held: — That Bchool commissioners or trustees are bound by the acts of their predecessors in office. The School CoinminnonerH of St. Michd de Vandreuit rs. Bastien. S C, Montreal, 1859, Judge (Smith.— L C. J., vol. 4, p. 123. ^mmmmmtm 48 SCHOOL LAW 148. All adminiBtrative acts of school commis- sioners and tnistees shall he made in virtue of re- solutions adopted at regular sessions of their school hoard. Few. 144. Any powers conferred or any ohligation imposed upon any school commissioners also apply to trustees of dissentient schools in reference to the school muni^iipalitiee under their control. R. S., 1862. Held: — That notice of action miwt ba given to school conimis- sioners, before an action for «)araage9 can be brought against theii for any act of theirs done in the exercise of their ninctions. Bann VH. The School GomnuHsiotifn's of St. Auxehne. C. R., Quebec, 1871. — R. L., vol. 3, p. 4"»4 and R.C vol. 1, p. 480. Held: — That corporations have only such powerr" ai are specially vested in them, or wliich are necessary for the accomplishment of the duties imposed on them. That corporations may bo bound in the sf\me manner as individ- uals by quani contracts, and that thcsy are liable fur the legal services of those who procured their acts of incorporition. De Belle- JeiiUle ef at os. The Mnnicipality of Si. Louis of Mile Eh I. S. C, Montreal, 1880, Judge Johnson. L. C. J vol. 25, p. 18. Held : — That corporation-* may transact in all actions for dam- .ages, or actions of any other kind taken against them. That they . are bound by suvih agreanunts, and can be released, from their obligations concerning ihem, only for such reasons as would bo accepted in the case of a mijor in the full enjoyment of all his rights. Backand vs. TheCoiporafioii of St Theodore of AHon. S. C, St. Hyacinthe, 1870, Judge Sicotto.— R. L.. vol. 2*. p. 3i6. Held : — 1. That a corporation may maKe promissory notes. 2. That the mayor and secretary- treasurer who sign a note in the name of a corporation are )»rosumed to have c>uf{icient author- ity to do so, and in a suit to enforce payment of this note, it is not nece.«»8ary to produce the resolution of the council authorizing them to sign. Corporation of Grantham rx. Coitture et al. C Q. B., Montreal, 1879.— R. L., vol. 10, p, 186. Held : — That the chairman and the secretary-treasurer of school commissioners have not the right to sign a promissory nT>te for a debt due by the Commissioners without a special authorization to that effect. Leteilier and the School Commi-ssioiwrti of the Township of Ouiatchouan. C. Q. 13., in appeal, Quol)ec, 1888. — R. L., Vol. 16, p. 449. A ml Martin vx. the City of fJuil, et of. S. C. Montreal. R. L., vol. 10, p. 232. SCHOLL COMMISSIONERS AND TRUSTEES 19 CHAPTER FOURTH SCHOOL COMMISSIONERS AND TRUSTEES SECTION" 1 QUALIFICATIONS REQUIRED TO BE A SCHOOL COMMISSIONER OR TRUSTEE 145. Every Roman Catholic curS or every minis- ter of any other religious faith ministering in the school municipality, although not qualified with res- pect to property, and all male resident rate-payers, able to read and to write, qualified to vote under article 148 of this act, are eligible as school commis- sioners or trustees. R. S., 2006, in jnirt, am. ; 55-56 v., c. 35, 8. 1. # 140. In any municipality in which there is a corporation of school trustees, individuals of the minority, who havr» declared themselves to be dis- sentient, shall not be elected as school commission- ers ; and those of the majority shall not be elected as school trustees. R. S., 2006, mod ; 55-56 V.,c. 35, 8. 1. Held : — That the recourse which a muiiicipality ha'* against the members or ex-memberd of its council, for ma.lver:iation, malice, and bad faith, is not by an action in simple warranty, but by an action for damages. Lerfetr rv. The Gor/torntiou of (h(^ Parish of St. Joachim de fa Poiiitt-Cf aire >t Vnlois ft n/. C. C, Montreal, 1862, Judge Monk.— L. C. J., vol. 7, p. 83. Held : —That an advocate acting for a municipal corporation. is not bound to produce the resolution of the council which author- izes him. Davermiy vh. The Corporation of St. Barth^ny. C. Q. B., 1868.— R. L., vol. 1, p. 714. * Hdd .—That a man who can read and write only with difficulty has not sufficient instruction to told the po8iti'>n of mayor. Turyeon ra. Noreau. C. C, Quebec, 1873, Judge Stuart. -Q. t,. R., vol. 9, p. 363. ' Ij J]JL 60 SCHOOL LAW 147. No person holding an office to which he has been appointed by a school board in virtue of this act, nor one who has a contract for such corpor- ation, nor one who is in the condition provided for by article U 13 of this act, shall be a member of such school board. R» S., 2007, am. - - : , SECTION II. giTALiKicAT;()Ns KKguiKEi) TO b:-: ax KLKCTOR UH* To have a right to vote at any election of school commissioners or trustees, it is necessary to be proprietor of real estate, or to be proprietor of the buildings only upon a lot of land belonging to another, to be entered as such upon the valuation roll, and to have paid all school contributions. R. S., 2005, in imrt, am. 2. In any municipality in which there is a cor- poration of school trustees, individuals of the minor- ity who have declared themselves to be dissentient, shall not vote at the election of school commission- ers ; and those of the majority shall not vote at the election of school trustees. R. S., 2006, jiatt. * * Hefd : — That the absence of the secretary-treasurer from his office during the week immediately preceding the election, thus preventing the electors from paying their taxes and acquiring the right to vote, is not a cause of nullity of an election, if there were just reasons for such absence and it' as a matter of fact only one elector has presented himself to pay taxes. Morrier vh. Rasroni. M.C., Bagot, Judge Lanctot. — R. L., vol. 7, p. 140. Held .—That one who isinscribe>d upon the roll as proprietor of real estate, but who has never really owned said real estate, has not a right to vote. Vinet ■..;'■ quamkicat:(>ns rrijuireu to b:*: ax fxkctor 14H* To have a right to vote at any election of school commissioners or trmaf/ioa U ia naoc^aaaw t.Q f Article 148 is amended: a. By inserting after the word " proprietor " in the second line of the first paragraph, the words : " or husband of the proprietor"; ' b. By inserting after the word " proprietor " in the third line of the said paragraph, the words : " or husband of the proprietor." ifXai vtfa^^A^^ >^ a^a on- Article 148 is amended by adding, after the word: '* necessary " in the second line, the words: "to be of the age of majoiitj'." — his uiiiuu uuriiig me \\eeK immediately preceding the election, thus preventing the electors from paying their taxes and acquiring the right to vote, is not a cause of nullity of an election, if there were just reasons for such absence an«l if as a matter of fact only one elector has presented himself to pay taxes. Morritr m. Rasconi. M. C, Bagot, Judge Lanctot.— R. L., vol. 7, p. 140. Ildd .—That one who is inscribed upon the roll as proprietor of real estate, but who has never really owned said real estate, has not a right to vote. Vill^t rx. Flefchtr. C. C, Montreal, R. L., vol. 18, p. 67>. SCHOOL COiMMSSIONERS AND TRUSTEES 51 ection of oaaarv +0 f in s: 1 140« Whoever votes without having the qua- lifications required to be an elector, incure a penalty of twenty dollars. R. S., 2005^ in party am. ■••> 8K(TIOX III MKKTINii F()R THK Kf.K'TroN OK SCHOOL COMMISMIONKRH AND TUrSTKKS I pre Jul icij tni qui erg Article 150 ia amended by adding thereto the following : — " But for the school municipality of the parish of St. Pierre de la Pointeaux Esquimaux, in the county of Saguenay, such meeting shall be held on the first juridical Monday of the month of March." 151. The secretary-treasurer of the school com- missioners or trustees shall be bound to convene the annual meeting or any special meeting for the elect- ion of commissioners or trustees by public notice given in the manner prescribed by articles 277 and following of this act, seven clear days at least before the da}'^ fixed for the meeting ; in case he neglects so to do, he is liable to a fine of not less than five dollars nor more than twenty dollars. Such meetings shall be convened for ten of the clock in the morning at a central place in the muni- cipality, which shall be indicated in the notice of convocation given for that purpose. {See Form 3.) R S., 1997, 1999, 2003, in part, am. Held : — Thai the qualification should be considered at the very time of the election ; a candidate who is disqualified for non-pay- ment of taxes at the time when he is nominated can be qualified an hour afterwards, during the election, if he pays them in the mean- time, and then his election shall be maintained. Bonner vs. \\U- Ham alias Chagncu. M. L. R., vol. 4, p. 38 J. t{0 SCHOOL LAW SCHOOL C( 192. In the case of an annual mooting, if there be no secretary-treaBurer or if he bo absent from the municipality or incapable of acting, the meeting shall be convened by the chairmiin of the school commissioners or trustees, and in default of either, by the senior member of the school board. R. 8., 1999, in 2>(irf. 15S. The chairman of each annual meeting for the election of school commissioners or trustees shall be chosen from among the rate-payers of the school municipality, able to read and write, and appointed for that purpose b^^ a resolution of the commis- sioners or trustees, as the case may be. He may be chosen from the members of the school board who do not go out of office that year. If the appointment of a presiding officer has not been made, or if the person appointed to perform this duty is absent or unable to act, the secretary- treasurer of the school board shall preside over the meeting. R. S., 2001, mo(L * 154. At the meeting above-mentioned, the rate- payers, qualified to vote in virtue of article 148 of this act, shall elect five school commissioners or three school trustees, as the case may be, who are able to read and write, or the number of commis- sioners or trustees necessary to fill the vacancies * He'd : — That the assistant secretary- treasurer has the same ritiht to preside over the iiieetitig as the aeeretary-treaauror has. Morrierrs. Jtanconi, M. C, B.H^ot, R. L., vol. 7, p 140. Htld : — That according lo the terms of article 296'of the Munici- pal Code the election of Gouncillois cannot be presided over by a member going out of office at that time, and that an election thus held shall be declared null. Oloheniihy ri. ChampatjiK. R. C, vol. 2, p. 235. ELKCTION OF SC SCHOOL COMMISSIONERS OR TRUSTEES 53 caused by the retirement of such coramisHioners or trustees who are to go or have gone out of office R. S.,2004, in part^ am. 155. When the annual general meeting for the election of school comminsioncTS or trustoen cannot be held on the first juridical Monday in July, such meeting and election may be postponed to any juri- dical Monday in the same mo!itl\, by observing the same formalities. . R. S., 1998. 150. If the meeting be the first AA in the municipality for the election of a bojir i of Hchool commissioners or trustees, it shall br (jon^'ened ^ y a residentjusticeof the peace, or, in deiault of ..justice of the j-c;.ce, by any three proprietors of 'cal estate, b^* observing the formalities prescvibd by article 151 of this act. R. 8., 2000. 15y. The first meeting for the election of school commissioners or trustees is presided over by a rate- payer of the municipality, able to read and write, selected by those who compose the meeting. R. Sv 2001, in 'part. SECTION IV ELECTION OF SCHOOL COMMISSIONERS AND TRUSTEES 158. The presiding officer, after having opened the meeting, requests the electors present to propose those persons whom they wish chosen as school commissioners or trustees. He is bound to nominate as candidates the names of all persons submitted to him, whether verbally or in writing, by at least two electors present. R. 8., 2002, § 1 and part § 2. 6 52 SCHOOL LAW t- 152. Ill the case of an annual meeting, if there be no secretary-treasurer or if he be absent from the municipality or incapable of acting, the meeting shall be convened by the chairman of the school commissioners or trustees, and in default of either, by the senior member of the school board. R. S., 1999, in part. 15S. The chairman of each annual meeting for the election of school commissioners or trustees shall be chosen from among the rate-payers of the school municipality, able to read and write, and appointed for that purpose b}^ a resolution of the commis- sioneis or trustees, as the case may be. He may be chosen from the members of the school board who do not go out of office that year. If the appoir.tment of a j^residing officer has not been made, or if the person appointed to perform this duty is absent or unable to act, the secretary- treasurer of the school board shall preside over the meeting. E. S., 2001, mod. ^ 154. At the meeting above-mentioned, the rate- payers, qualified to vote in virtue of article 148 of this act, shall elect five school commissioners or three school trustees, as the case may be, who are able to read and write, or the number of commis- sioners or trustees necessary to fill the vacancies * Hthl ; — That the assistant secretary- treasurer has the same riyht to preside over the meeting as the secretary-treasurer iias. Morrier vx. Rast'oui, M. C, B.ij.,ot, R. L., vol. 7, p. 140. Hdd : — That according to the termi of article 296 of the Munici- pal Code the election of Councillois cannot be presided over by a member going out of office at that time, and that an election tlnis held shall be declared null. Globen.'tes. Boileau vs. Proulx. C. C. Montreal, 1872. Judge MacKay.~R. C, vol. 2, p. 236. * - • • I SCHOOL COMMISSIONERS OR TRUSTEES 65 160- The nomination of candidates shall take place during the first hour after the opening of the meeting. New. * 161. One hour after the opening of the meet- ing, the phairman proclaims elected the candidate or those of the candidates who are unopposed, and when two or more candidates are proposed in oppo- sition, he proceeds without delay to the registration of the votes of the electors. R. S., 2002, ^ 3, 4 in part, mod. f * Held: — That the time allowed, during which to nominate can- didates, is the first hour after the opening of the meeting ; and, that it is not necessary that a written demand be made for a poll or for the registration of the votes of the electors. Marquis r*. Couillard, C. C-. Quebec, 1876, Judge Dorion.— Q. L. R., vol. 10, p. 98. t Held : — That an election of school commissioners (or trustees) which WrtS declared closed before the end of an hour after the opening of the meeting is null. ArmstroiKj et al vh, Panghorn. S. C, Sorel, 1880, Judge Gill. - R. L., vol. 10, p. 540. Held : — Tliat when there is no opposition to a candidate, he shall be proclaimed elected immediately before the poll for the election of the other candidates is held, that is at the end of the first hour after the opening of the election 'meeting. Lizotte vh. Lalancette. C. C, Sorel, 1879, Judge Papineau.— R. L., vol. 10, p. 480. Held : — That after the expiration of the hour allowed for the nomination of candidates while the presiding officer is counting the electors favorable lo each candidate, if five electors demand a poll and the presiding officer refuses it and, notwithstanding the pro- tests of the five electors who persist in demanding a poll, begins anew to count the electors favorable to each candidate, and pro- claims one of the candidates elected, the election is null. — St. George vs. Gadoury, C. C. Joliette, 1885, Judge Cimon. — L. N. vol. 9, p. 59. Held : — That as soon as the presiding officer has declared the proposed candidates elected, the election is closed, and that elect- ors arriving afterwards, cannot legally submit the names of other candidates, and the presiding officer cannot legallv grant a poll ; that the granting of a poll in such a case is illegal, and that any itf" 56 SCHOOL LAW 163. When voting takes place, the chairman ehall enter or cause to be entered, in a register kept for that purpose, and in the order in which they are given, the votes of the electors, indicating the names and qualities of each. R. S., 2002, § 6. '^ 163. Each page of the poll-book shall be num- bered in writing and initialed by the person presid- ing over the election. R. S., 2002, § 10. 104* Every elector may vote for as many can- didates as there are school commissioners or trustees to be elected in the municipality. R. S., 2002, § 7. t 165. Any person tendering his vote must make the following declaration before the presiding offi- cer, if required so to do by him, by riny elector, by any candidate, or by the representative of any can- didate : person voting at it without legal qualification shall not by so doing, incur the fine of twenty dollars decreed by article 316 of the Muni- cipal Code. Melanron vs. SylveMre. C. C. St. Hyacinthe, 1870, Judge Sicotte.— L.C. J , vol. 14, p. 217. Also, Bezi^res vs. Turcotte. C. C, St. Hyacinthe, 1870, Judge Sicotte.— R. L,, vol. 2, p. 129. * Held : — That the omission of the quality of the electors in the Eoll book is not a cause to nullify an election, if no injustice has een done by such omission. Morrier vs. Basconi. M. C. County Bagot, Judge Lanctot. — R. L., vol. 7, p. 140. Held : — That an election of commissioners (or trustees) is hull if the votes have not bf-.en entered in the poll book, and if the names and qualities of the electors have not been mentioned. Pacaud vs. Qagni. C. Q. B., Quebec, 1867.— L. C. R., vol. 17, p. 357. t Held : — That a person illegally deprived of his right as an elector has ground for an action for damages. Bernatchez vs. Hamond C. C, Montmagny, 1881, Judge Angers. — Q. L. R., vol. 7, p. 25. Also, Martin, vs. The City of Montreal, L. N., vol. 1, p. 283. Held :— That the vote is not divisible. If an elector has the right to vote for two persons, both votes should be recorded at the same same time. Vcniier vs. Archer. — Q. L. R., vol. 1, p. 283. SCHOOL COMMISSIONERS OR TRUSTEES 57 »t by so doing, " I swear (or affirm) that I am qualified to vote " at this election, that I am at least twenty-one " years of age, that I have paid all school taxes due " by me, and that I have not already voted at this " election : So help me God." If such elector refuse to take such oath, his vote must be refused and he cannot again present him- self to vote at the election. R. S., 2002, 5 8, am. and new. ^ 166- If an elector take the required oath, or re- fuse to take the same, or if objection be made to his vote, mention of each of these facts must be made in the poll book, in the following terms : " Sworn," " Refused," or " Objected to," as the case may be. R. S., 2002, § 11. 107* "Whenever the presiding officer does not un- derstand the language spoken by one or more of the electors, he must appoint an interpreter, who before acting as such takes the following oath before the said presiding officer : " I swear (or affirm) that I will faithfully trans- " late the oaths, declarations, affirmations, questions ** and answers which the presiding officer shall " require me to translate respecting this election : " So help me God." R. S., 2002, § 9. lOS. If, at any time after the votes have com- menced to be polled, one hour elapses without any votes having been polled, the presiding officer must * Held : — That the vote of an elector, registered after such elector has refused to take the oath required by law, is null. Dolhec vs. Portdaw.e. C. C, Quebec, 1879, Judge Stuart.— Q. L. R., vol. 6, p. 17. 58 SCHOOL LAW close the election. Kevertheless, if a declaration under oath is given to the presiding officer that an elector has been pre?vented from approaching the poll by violence, the election cannot be closed until the expiration of one hour after such violence has ceased. M. C, 324. 160. In case of an equal division of votes in favor of two or more of the candidates, the presiding offi- cer is bound to vote immediately for one or other candidate, under a penalty of not less than twenty or more than fifty dollars. R. S., 2002, § 13. ITO. At the close of the election, which shall 1: 3 at five o'clock in the afternoon, except in the ca^e provided for by article 168 of this act, the presid- ing officer must certify, under his signature, on the poll-book, the total number of votes entered, from the first to the last entry in the book, and also the total number of votes given for each of the candi- dates, and then he declares such of the candidates as have obtained the largest number of votes duly elected. R. S., 2002, §§ 12, 14, 2003. 171. The school commissioner or the trustee so elected is bound to accept office and cannot retire before the expiration of his term. Nevertheless members of the Roman Catholic or Protestant cler- gy, persons over sixty years of age, and all who have been commissioners or trustees within four years, may refuse to accept office, or, having accepted, may afterwards resign. R. S., 2004, 2008 inimri^ am. '^ * Held: — That a school commissioner (or trustee), whose term has expired, cannot be re-elected witliout his consent, and that his nomination shall be considered null, unless his formal consent be given to it. Bdand vs. UHeureux. S. C , St. Johns, 1876, Judge Chagnon.— R. L., vol. 7, p. 232. SCHOOL COMMISSIONERS OR TRUSTEES 69 173* The officer presiding over any general meet- ing for the election of school commissioners or trustees shall, within eight days thereafter, under a penalty of five dollars for failure so to do, notify in writing the school commissioners or trustees elected, and make a report to the Superintendent of Public Instruction mentioning the date and the place at which the meeting was held and the names of the persons elected. R. S., 2009, mod. 173. If the meeting for the election of school commissioners or trustees has not been held, or if, having been held, there has been no election, the secretary-treasurer shall within the same delay so inform the Superintendent of Public Instruction, under the same penalties. New. 174. For the municipalities in which no election of commissioners or trustees has taken place within the time prescribed by law, the Lieutenant-Governor in Council may, upon the recommendation of the Superintendent of Public Instruction, appoint the school commissioners or trustees required. R. S., 2016. SECTION V TERM OF OFFICE OF SCHOOL COMMISSIONERS AND TKUSTEES 175. Except in the cases specified in the follow- ing article, and in article 198 of this act, school commissioners and trustees shall remain in office for three years. R. S., 2017, in part. 176. School commissioners or trustees, forming part of the first board elected, or appointed by the Lieutenant-Governor in Council after the erection of ^ ■60 D'-i •■% .;- SCHOOL LAW a school municipality, are replaced in the following manner : Two of them in the case of commissioners, rnd one in the case of trustees, determined hy lot, shall retire from office at the end of the first year, and from amongst those who have not been re- placed, two of them for commissioners, and one of them for trustees, determined in the same manner, at the end of the second year, and the remaining commissioner or trustee, at the end of the third year. The chairman shall he liable, in common with the other school commissioners, to go out of ofiice, if so determined by lot. The drawing of lots must be held by the secre- tary-treasurer at a regular meeting of the commis- sioners or tr istees, at least eight days before the publication of the notice to be given for convening the meeting for the election. R. S., 2017, in i:)art, and neiv. 17T. Commissioners and trustees going out of office shall be replaced by election, and in default of an election by the Lieutenant-Governor in Council upon the recommendation of the Superintendent of Public Instruction. R. S., 2018. SECTION VI CONTESTATIONS OF ELECTIONS OF SCHOOL COMMISSIONERS AND TRUSTEES ' . .- ., . - .; ■ -^ .. • :■:/ S.^- . .... . ITS. Any election of school commissioner or trustee may be contested by any candidate or by five electors, when it has been carried by violence, <;orruption or fraud, or by the votes of persons who SCHOOL COMMISSIONERS OR TRUSTEES 61 rERS AND have voted without being qualified as electors on the ground of disability, or on the ground of the non- observance of the formalities required. R. S., 2015, § 1, am. ^ *Held : — That the election can be contested only by electors duly inscribed and qualified to vote. Poudrier vs. Ilouin ifit Dtifreme, — M. L. K., vol. 5, p. 56. Htld : — That the enregiatration of illegal votes will not annul the election of a candidate unless it bo alleged and proved that another candidate had a larger number of legal votes enregistered in his favor. Oihh vn. Ponton^ S. C, Quebec. — R. J. R., vol. 15, p. 102. Held : — That not only should the corrupt votes be struck out, but the election should be annulled if there is eutticient proof of general corruption on the part of tnc caballers and the members of the coniniittee of the elected candidate ; and this even when after strik- ing out the said votes there should remain a majority in favor of such candidate. Parent vs. Patnj, C. C. — L. N., vol, 12, p. 370. llefd : — That an election (>f school commissioners (or trustees) which took place under circumstances which misled the voters, and prevented them from exercising their right to vote, is null. Sauvd vs. Boikau. C. Q. B., Montreal, 1882.— L. C. J., vol. 27, p. 359. Held : — That a candidate, or his agent, who iMiys the taxes due by certain electors for the purpose of enabling such electors to vote in favor of such candidate, is guilty of a corrupt act, sutKcient to nullify such votes, and such election if the majority is affected thereby. Dostaler el al. vs. Contu. C. C. Berthier, 1880. Judge Gill. — R. L., vol. 11, p. 109, and Auc/aire vs. Poirier. — h. C. J., vol. 28, p. 231. Held : — That there is no cause to annul the vote of an elector who has not paid all his school taxes, if it is not certain that he owed any more, or if his not paying them within the prescribed time is due to an error on the part of the secretary treasurer. Dosta/er vs. Coutu. C. C, Berthier, 1880, Judge Gill.— R. L., vol. 11, p. 109. Held : — That irregularities, (by presiding officers), which do not interfere in any manner with the right and tlie exercise of the right to vote are causes of nullity only when the law so declares ; and that any omission, which does not prejudice the free exercise of the right to vote does not invalidate an election. Bureau vs. Normand. S. C., Three Rivers, 1873, Judge Sieotte.— R. L., vol. 5, p. 40. 62 SCHOOL LAW WO. The examination and decision of a con- testation of an election of school commissioner or trustee is vested in the circuit court of the district or county, or in the magistrate's court of the county, in which the municipality is situated, to the exclusion of every other court. R. S., 2015, § 2. "^ 180« The contestation is brought before the court by a petition in which are set forth the facts and reasons alleged in support of the contesta- tion. The parties interested may also, in their petition, indicate the persons who have a right to the office in question and state the facts necessary to establish such right. Held : — That a school commissioner (or trustee) elected in an illegal manner may resig^n his office before being prosecuted, and that the otKie made vacant by his resignation may be filled by the Lieutenant-Governor in Council. Laliberte vs. Jiuede. C. Q. B., 1876. Q. L. D., Tol. 2, p. 161. Held : —That the election of a candidate who has been proclaimed elected by the chairman may be contested, notwithstanding the fact that after having been proclaimed elected he has produced his resignation and upon this resignation the lieutenant-governor has appointed another person in his place ; and that in such a case it is not necessary to serve the reqiUile and the contestation on any per- son other than the one proclaimed elected. Vinet vs. Fletcher et al. — R. L,, vol. 18, p. 672. * Held : — That decisions of the Circuit Court in contested elec- tion cases under the provisions of the Municipal Code are not subject to revision. Lacerte vs. Dufreme. C. R., Quebec, 1883. — Q. L. R., vol. 9, p. 190. Held : — That the contestation of the election of school com- missioners must be brought before the Circuit Court or the Magis- trate's Court, such Courts having exclusive jurisdiction in this matter. Metraa vs. Tnideau, at al. C. Q. B., Montreal, 1885. — M. L. R. Q. B., vol. 1, p. 347. SCHOOL COMMISSIONERS OR TRUSTEES ea a con- oner or district ; of the d, to the 2016, § fore the the facts contesta- petition, lie office establish !(;ted in an cuted, and led by the C. Q. B. y proclaimed indirig the •oduced his ivernor has a case it is )U any per- ztchtr et al. tested dec- ide are not ec, 1883.— 3hool com- the Magis- on in this sal, 1885.— Such petition is presented in open court, to- gether with the returns of the preliminary services. R. S., 2015, §§ 3, 8. ^ ISl. A copy of the petition mentioned in the preceding article, with a notice stating the day on which the petition will be presented to the court, is served upon every school comrniasioner or trustee whose election is contested, within fifteen days from the date of such election; otherwise the right of contesting is forfeited. Ko such petition can be presented or received after the close of the first term of the court next following the day when the controverted election was held. ^N'evertheless, if the election was held within the thirty days preceding such first term, the petition may be presented on the first day of the following term. R. S., 2015, §§4, 5. * Iftld : — That in conte8tin>< the election of several coroniis- sioners or trustees, even when the grounds, upon which the election of each is contested, are different, one and ihe same petition in the name of at least live electors and one security for costs are sufficient. Latrford rs. Rohertnon. C. C, Sherbrooke, 1872, Judge Ramsay. — R. C, vol. 2, p. 235. Held : — That the petition of an elector shall not be dismissed for failure to allege that he is such, if as a matter of fact he has all tlie qualifications to vote. Alexander ch. Corporation of Rich- mond. — C. C. Sherbrooke. R. L,, vol. 17, p 402. Held .— That the nullity of an election may be alleged upon the presentation of as many petitions as there are persons whose elec- tion is contested Tremhlay va. Roy. — R. L. , vol. 2., p. 235. Held : — That the petitioner who demands nullity of an election on account of the irregularity of the meeting of electors should allege in his petition in what respect the meeting 'vo., inegular, without which the court will presume that the prescribed formali- ties have been observed. Marquis vs. Couillard. — C. C. Quebec, — Q. L. R., vol. 10, p. 98. 1^ 64 SCHOOL LAW 1S2* The petitioners in the contestation of the election must give security for the costs at least ton (lays heforc the petition is presented to the court ; otherwise such petition cannot he received. R. S., 2016, §6. * ^^ ..-;. 1S!<. The security required by the foregoing article is given before the clerk of the court. R. S. 2016, § 7, in imrt. \H^* The sureties must be owners of real estate of the value of at least two hundred dollars, over and above any incumbrances there may be on such property. One surety suflices, provided he is an owner of real estate of the required value. R. S., 2015, § 7, in part, f tHSi. If, after having heard the parties, the court is of opinion that the grounds set forth in the peti tion are sufficient in law to have the election de- clared null, it orders proof to be adduced and the parties interested to be heard on a day in term. R. S., 2016, § 9. 186. The court proceeds in a summary manner to hear and decide the contestation. R. S., 2016, § 10, in part. X * Held : — That intervenauts in a contested elecLiou are not obliged to furnish security, as the petitioners are. Broiumean vt>, BrouUUt. -R. L. vol. 2. p. 234. t Hdd .-—That the security bond need not neoesaarily contain a description of the real estate of the surety, lioun/eaidt el al. rx. Dalpi et a/.,— L. C. J., vol 16, p. 255.— R. L., vol. 4, p, 74, C. C, St. Hyacinthe, Judge Sicotte. :■ > X Held : — That when an election is contested for illegality and fraud the dismissal of the petition cannot bo demanded on the principle that the other candidate was not qualified. Sarprenant €t at. vs. Tremhlay. — L. N., vol. 11, p. 137. iriiT'iliiaf i>^-^'~^- SCHOOL COMMISSIONERS OR TRUSTEES 66 1H7. The evidence may bo taken orally or in writing, in whole or in part, as the court shall order. R. S., 2015, § 10, in part. IHH* The court by its judgment may confirm or annul the election, or declare another person duly elected. R. S., 2015, § H- * ISO. The court may condemn either party to pay the costs of the contestation ; and such costs are taxed and are recoverable as well against the parties to thn suit as against their sureties. R. S., 2015, § 12, : part. ]!IO. The judgment of the court, in so far as re- fards the costs, is executory against the sureties, fteen days after a copy thereof has been served upon them. R. S., 2015, § 12, in part. 191. The court may order that its judgment be served at the expense of the party against whom the judgment has been rendered, upon any person to whom it may deem it proper to communicate it. R. S., 2015, § 13. ins. If the trial of the contestation of the elec- tion is not concluded at the close of the term of the court during which the petition was presented, the sitting judge must continue it without interruption out of term and during the vacation, adjourning * Held .—That when the law does not declare that if one of the candidates is not qualified and for that reason, incapable of exer* cising the office, the other candidate although he has not the najority of the votes shall be declared elected, the judge cannot declare it, and in that case a new election must take place. Bureau vs. Normnnd. S. C, Three Rivers, 1873, Judge Sicotte. — R. L., vol. 6, p. 40. ee SCHOOL LAW II I; from day to day until he delivers his final judgment upon the merits of such contestation. R. S., 2016, •§ 14. ■" -"■:''■— -'■ -' ■■ -. ' -..■■■:•- :' -■!: ■: 11>3. If the court by its judgment annuls the election of the commissioners or trustees or any one of them, without stating who should fill such offices, the court must in such judgment order a new elec- tion to replace those whose elections are so annulled, name for that purpose a person to preside at such election, and fix the day and hoir for the meeting at which the election is to be held. ^ Such day must not be sooner than fifteen nor later than twenty days from the date of the judgment. R S., 2016, ^ 1ft. 104. The election which is held by order of the court must be announced by public notice given by the chairman of the commissic lers or trustees, or, if there be no chairman in office, or if he be the commissioner or trustee whose election has been annulled, by the secretary-treasurer. If there be neither a chairman nor a secretary- treasurer, the notice is given by a justice of the peace, residing in the municipality or, in default of a justice of the peace, by three proprietors of real estate, as soon as a copy of the judgment has been served upon them. R. S., 2015, § 16, in part. 195. The omission of the notice prescribed by the preceding article prevents a meeting of the electors from being held, and renders the persons, whose duty it is to give it, subject to a penalty of not less than &ve or more than twenty dollars. R. a, 2016, § 16, in part. SCHOLL COMMISSIONERS OR TRUSKES 67 106. In default of the person appointed by the court, the election is presided over by the secretary- treasurer, and, in default of that officer, by a rate- payer of the municipality, able to read and write, eelected by the rate-payers present at the meeting. The election is held and conducted in conformity with the rules and formalities prescribed in articles 150 and following of this act. M. C, 363, in part. 107. The commissioners and trustees elected at the election mentioned in the preceding article are vested with the same rights and are subject to the same obligations and penalties as those appointed at general elections, and remain in office only for the time for which the persons whose elections have been set aside were appointed. M. C, 363, mod. SECTION VII REPLACING SCHOOL COMMISSIONERS AND TRUSTEES WHEN VACAN- CIES OCCUR DURING THEIR TERM OF OFFICE 198. In case of death, change of domicile, lack of qualification, refusal to accept office when the law authorizes such refusal, resignation legally given, or in case of incapacity, during three consecutive months, by reason of absence or sickness, school commissioners or trustees are replaced by the school commissioners or trustees remaining in office, within the thirty days next after the date upon which the vacancy occurred. The secretary of the school board in which such appointment is made shall notify the Superintendent of Public Instruction within fifteen days after the same is made. R. S., 2010, am. and new. 68 SCHOOL LAW 190. Whenever the replacing mentioned in the preceding article has not been effected within the prescribed delay, the Lieutenant-Governor in Coun- cil may, upon the recommendation of the Superin- tendent of Public Instruction, appoint a school commissioner or trustee, as the case may be, to fill such vacancy. R. S., 2011, am. _ . 200. A school commissioner or a trustee who has been appointed by the school board under article 198 of this act, or by the Lieutenant-Governor in Council, to fill any vacancy ceases to hold office at the date when the term of the person whom he replaces would have expired. M. C., 116. SOI. When school commissioners or trustees are prevented from performing their duties owing to sickness, no election or appointment to fill the said office shall take place, unless such incapacity has been established by the certificate of a physician, sw^orn to before a justice of the peace, deposited with the secretary-treasurer of the school board. The vacancy arising from such incapacity shall date from the day of the deposit of such certificate with the secretary treasurer. R. S., 2012. SECTION VIII MEETINGS OF SCHOOL BOARDS /I 202. On the first Monday following the organiz- ation of a school municipality, and, in subsequent years, on the first Monday following the notice of the election of school commissioners or trustees who, in the month of July each year, replace retiring ^m MEETINGS OF SCHOOL BOARDS 69 !(1 in the ithin the ill Coun- Superiri- a school ly be, to stee who [lev article vernor in office at whom he ustees are owing to 1 the said )acity has physician, sited with I. city shall certificate J organiz- ibsequent notice of tees who, J retiring members on the school board, or when no election has been held on the first Monday following the notice given to those appointed by the Lieutenant- Governor in council, the school commissioners or trustees shall meet to elect their chairman, who shall remain in office until the appointment of a suc- cessor. ^ At such meeting also, if necessary, the secretary- treasurer must be engaged. If such meeting cannot be held on the clay fixed it may be held on any day of the same week. R. S., 2020, §§ 1, 3, am., and new. 30«{* Until the appointment of the chairman for the current school year, the first session of the school commissioners or trustees is presided over by one of them. R. S., 2020, § 4, am. 204. If the appointment of a chairman has not been made at the first meeting of the school board or within fifteen days thereafter, it may be made by the Lieutenant-Governor, on the recommendation of the Superintendent of Public Instruction, M. C, 332. S05. In case of the absence of the chairman, the school commissioners or trustees shall name one of themselves as chairman for the time being, who shall then be vested with the same powers and be subject to the same obligations as the ordinary chairman. R. S., 2021. * Held: — That a board of school cnramissionera or trustees cHn- nol di^misss their president from hifl ottice, and appoint anot'i^r iti his place, hefure the expiration of the year for which he wi< >ni- pointed. Vifteneum os. Charest. C. Q. B., Quebec, 1881. — Deci- Bions of the C. of Appeal, vol. 1, p. 235. 70 SCHOOL LAW 206* The chairman may call meetings of the school board by a notice in writing signed by the secretary-treasurer, which shall be given at least two days before the time fixed for such meetings. (See form No. 9.) R. S., 2022, aw. , 207* The omission of the necessary formalities for the convening of a meeting of school commis- sioners or trustees cannot be pleaded when all the members present in the municipality have actually attended. New. ^ 208. Two commissioners, one trustee or five rate-payers, may, by written notice , require the chairman or, in his default, the secretary-treasurer of their respective school boards to convene such meeting. The chairman and secretary-treasurer, so notified, shall thereupon be obliged to convene such meeting under penalty of a fine often dollars. R. S., 2023, am. • r 209. The meetings of school commissioners and trustees are public ; but the commissioners or trustees may refer to a committee, whose meetings shall be private, all complaints made against teachers or pupils, applications for employment or any other subject of a personal nature. R. S., 2024, in part and new. " " '- ' ' ' ' . • ,7 * Held: — That Municipal Councillors can hold a special session without ptevicuB notice provided they are all present ; aad that at special sessions when all are present they may with unanimous consent transact business other than that mentioned in the notice calling the meeting. Paris vs. Couture. C. R., Quebec. Q. L. R, vol. 10, p. 1. MBETINaS OF SCHOOL BOARDS 71 210. School commissioners or trustees may, by resolution to that effect, fix a place for their meetings in a neighbouring school municipality or in an adjacent city, town or village ; but in no case shall such meetings be held in a hotel or other place where spirituous liquors are retailed. R. S., 2024, in part. 211» Meetings of school commissioners and trus- tees may be held on non-juridical days. New. ' 213. At meetings of school commissioners or trustees all questions shall be decided by the ma- jority of votes of the members present. It is not necessary that proposed resolutions be seconded. The officer presiding shall vote upon each question, and in case of a tie is always obliged to give a cast- ing vote. R. S., 2025, and new. 213. The minutes of each meeting shall be en- tered in the register of proceedings of the school board known as the " Minutes of Proceedings. " After having been read and approved at the begin- ning of the following meeting, they are signed by the person presiding and countersigned by the se- cretary-treasurer. {See Form Fo. 10.) R. S., 2096, 2097, mod. 214. Whenever a by-law or a resolution of the school commissioners or trustees is amended or re- pealed, mention must be made thereof in the margin of the minutes of proceedings, opposite such by-law or resolution, together with the date of its amend- ment or repeal. R. S., 2098, mod. 72 SCHOOL LAW -./ ' >■■. ._ ■•; :- SECTION IX .:..•.-, \,; -. '- POWERS AND DUTIES OF SCHOOL COMMISSIONERS AND TRUSTEES J RESPECTING THE MANACEMENT OF SCHOOLS 215. It is the duty of school commissioners and trustees : 1. To engage teachers duly qualified to teach in the schools under their control ; 2. After mature deliberation at a meeting called for that purpose, to cancel the engagements of teachers on account of incapacity, negligence in the performance of their duties, insubordination, mis- conduct or immorality ; =^ 3. To take the measures necessary to insure that the course of study authorized by the Roman Catholic or Protestant Committee, as the case may be, shall be followed in each school ; * Held :- -Thsit the power granted to school commissioners and trustees to remove teachers for misconduct or incapacity, does not relieve them from liability to damages if such removal take place without su+^'cient cause. Broinie rs. The School Gommissioiurs of Laprairie. C. R., Montreal, 1856. — L. C. J., vol. 1, p 40, and Gaxidry vm. Marcotte. S. C. , Quebec, 1861, Judge Stuart. — L. C. R. , vol. 11, p. 486. Held: — That a teacher, who has been illegally dismissed and who has declared his readiness to fulfil Ids obligations, may instead of taking an actiou for r^^mages, demand the instalments of his salary as they become due. That the suit taken by the teacher to enforce payment of the first instalment prevents prescription from running with respect to instalments due subsequent to such action, if the right to the entire salary was contested in the first action, and admitted in principle > \ ' ' - Court'. Barette vs. The School Commissioners of St. Cyprien. < V^ atieal, 1880.— La Themis, vol. 4, p. 49. iv whool commissioner is not obliged to refund a surn of . "• ; t' \ to a teacher, illegally engaged in the place of another ^en wrongfully dismissed and who has obtained judgment for her naiary. The School CommisHioiiers of Ste. Martha vs. St. Pierre tt al. S. C, Montreal, 1879, Judge Torrance. — L, N., vol. 2, p. 343. SCHOOL COMM.SSIONERS AND TRUSTEES 73 4. To require that no books be used in the schools under their control other than those authorized, which must be the same for all schools in the mun- icipality ; the cur^ or the priest in charge of the Roman Catholic Church, however, has exclusive right to choose the school books having reference to religion and morals, for the use of pupils of his religious belief, and the Protestant Committee has the same powers respecting Protestant pupils ; 5. To make regulations for the management of their schools, and to communicate them in writing to the teachers under their control ; 6. To fix the time of the annual public examin- ation, and to attend the same ; 7. To make and carry out regulations respect- ing hygiene in schools, provided such regulations are not contrary to those of the central board of health ; 8. To name two or more from among themselves to visit each school under their control at least once every six months, and to report to the corporation of which they are members the state of the school, and whether their regulations are strictly observed, also the progress of the scholars, the character and capacity of the teachers, and every other matter relating to the management of the schools ; 9. To comply, as regards the accounts and re- gister kept by their secretary-treasurer, with all instructions, whether special or general given them by the Superintendent of Public Instruction ; 10. To cause to be made each year, before the fifteenth of July, a report to the Superintendent of Public Instruction upon a form which he shall fur- nish them. 74 SCHOOL LAW 11. To keep a register in which are entered the minutes of their meetings, which are signed by the chairman and by the secretary-treasurer, in accord- ance with the provisions of article 213 of this act ; {See Form No. 10) 12. To keep books of account in the manner and form indicated by the Superintendent of Public Instruction ; 13. To settle all disputes arising in relation to the schools in their municipality between the pa- rents or children and the teachers ; 'i 14. To dismiss from the school any pupil who is habitually insubordinate or whose conduct is im- moral either in word or deed ; ^ 16. To furnish, if necessary, text-books to indi- gent children attending the schools under their control, the books being paid for from the funds of the municipality ; 16. To pay their teachers at the end of each mouth of teaching. R. S. 11026, am. ; ii040, mod. • SECTION X ' : • DUTIES OF SCHOOL COMMISSIONERS AND TRUSTEES RESPECTING TEACIiERiS 216. The engagement of a teacher shall be for the term of a school year, or to complete a year * Held : — That a teacher has a right of moderate chastisement against disobedient and refractory pupils, but it is a right which can only be exercised when necessary fortUe maintenance of school discipline, and to a degree proportioned to the offences committed. Any chastisement exceeding this limit, and springing from motives of caprice, anger or bad temper constitutes an offence Kunishable like ordinary delicts. Brisson vs. Lafontaine. S. C, lontreal, 1864, Judge Loranger. — L. C. J., vol. 8, p. 173, and L. C. R., vol. 14, p. 377. SCHOOL COMMISSIONERS AND TRUSTEES 75 ''^(i already begun, or for more than one school year in special cases approved by the Superintendent of Public Instruction. R. S., 2027, in p%rt, am. -^ 217* The engagement is made in writing in vir- tue of a resolution adopted by the school board. R. S., 2026, § 1, mod, 21S* The deed of engagement may be drawn up according to form No. 19 of this act. R. S., 2027, in part, 210. In the deed of engagement the school board is represented by its chairman or in his absence by the secretary-treasurer. New. 220» Engagements of teachers are made in trip- licate. A copy is sent to the Superintendent of Public Instruction within fifteen days next after its com- pletion, another is given to the teacher, and the third is deposited in the archives of the school board. New. 331* When a teacher has not reached the asje of majority, his engagement is nevertheless valid for all purposes, and he may sue and be sued for any purpose connected with such engagement, as if he had attained his majority. New. * Held : — That an offer of engagpnieiit liaving been luado to a teacher by a Board of School Commissimiers withnur, any limit of time for acceptance and not having been withdrawn, thu teacher could validly bind them and effect the engagement by her verbal or written acceptance given at a regular meeting of the commissioners, about twelve days afterwards", notwithstanding that in thu interval she had, in answer to a demand made to her by individual mem- bers of the Board, refused to accept the offer. Devarfuines vt. HaXU. Q, R, Quebec, 18S1.— Q. L. W , vol. 7, p. 2o2, and l^mmles vs. The School Commissionnerft of St. Dominique de Joiiqxutres. C. B., Quebec, 31 March, 1888. 76 SCHOOL LAW t$22. Excepting in the cases specified in article 93 of this act, or in the regulations of the com- mittee of the Council of Public Instruction, school commissioners or trustees shall employ as teachers only those who are provided with diplomas, on pain of losing their share of the Government grant, R. S., 1969, mod. 22S» School commissioners and trustees, after having decided by resolution at a regular meeting not to re-engage for the following year a teacher already in their service, shall, before the first of May preceding the expiration of the engagement of such teacher, notify him in writing of their in- tention to terminate the said engagement. (See Form No. 20.; R. S., 2028, in 'part, am. ^ 324. Teachers who have not received the noti- fication mentioned in the preceding article shall be deemed to be re-engaged for the following school year, for the same school and upon the same terms, unless one of the causes specified in paragraph 2 of article 215 of this act may be invoked against him. R. S., 2028, in fart, am. f * Held : — 1, That school Commissioners or trustees sliall, if they do not wish to coniinue the engagement of any teacher under thi'ir cuTitrol, notify such teacher of their intention, two months before the expiration of his or her engagement ; 2. That iho rosohitiun, for this purpose, shall not be adopted at any but a regular meeting of said commissionners or trustees ; and tliat notice of such resolution shall be given in writing, to the teachei'. Oaiiron rs-. The School CommisHionerf* of St. Louis de Lo'hiin^re. C. C, Quebec, 1881, Judge Casault. — Q. L. R., vol. 7. p. 251. t Held: — That a teacher dismissed without notice at the end of his eivgagement, has a right to liis salary for the following year, and the oommissionners cannot discharge their obligation by oflfer- ing him another school. The School Commissioner.^ of St. George de Claremeville and Cawfield. C. Q. B., L. R., vol. 18, p. 297. irticle com- icliool ichera as, on grant. after eetiug eacher arst of ;enient eir in- (See e noti- hall be school terms, h 2 of t him. shall, if Ir under mouths >pted at js ; and to the jouis lie vol. 7. end of |g year, )y oflfer- "George >97. SCHOOL COMMISSIONEKS AND TRUSTEES 77 235. In the notification Driven to teachers inform- ing them that their services will not be required for the following year, the school commissioners and trustees are not bound to state the reason for their decision. New. 324S. AH notices given collectively or simultan- eously to teachers by commissioners or trustees and all agreements made with them, with the view of evading the provisions of the school law or regula- tions, are null. But the commissioners or trustees may, by one resolution, declare that the services of several of their teachers are not required for the following school year. R. S., 2029, am. ^ 237. Every teacher, who does not intend to con- tinue his engagement for the following year, must give notice of his intention to the school commis- sioners or trustees, as the case may be, before the HcJd : — That tho notice required toteriuinite the engagement of a teacher should he given hy ihe secretary- treasurer acting in virtue of a resolution adopted hy the school eon)nii.ssior)er9 and entered in the minutes of their proceodinps, otherwise tlie engage- ment shall continuo the following year. Tin Sc/ioot Commt.'<.sio)iers of St. Dominique vs. Demnda-^. C. Q. B,, (,)iiebec, 18HS. C^ L. K., vol. 1'), p. '2-20, Jlehl : — That a clause in a teacher's engagement statitig that such engagement shall terminate on a certain dale is null, and that the two moiiths' notice must always he given. IVafsh r.s'. The. School Coinmitfioiier-i of Tiii;/irirk: C. Q. B. , Quebec, LS87. * Jlehl : — 1. That acollective notice, given hy a single resolution and simultaneously to all tho teachers of a munii-ipdlity, i;* null, and that it decs not prevent the engagement, of the teachers who receive it, from continuing for tho following year. 2. That the notice to a teacher that his engagement is not con- tinued for the following year need nut l)e giv TRUSTEES RESrECTINO S(JMO()L TAXES 3othecary action, against the holder [tievH detentenr) of an immoveable, f r school taxes is appealable, and thus subject to revision by three judges of the Superior Court. The School Commissioners of St. Xorhert i's. Cr^^peau. C. R., Que- bec, 1883.— Q. L. R., vol. 10, p. 49. i I 80 SCHOOL LAW All sales of school property authorized by this article must be made by auction by the secretary- treasurer, after public notice. R. S., 2035, am. and new. 233. Any school corporation in a city, town or incorporated village ma}, with the authorization of the Lieutenant-Governor in Council, upon the report of the Superintendent of Public Instruction, capita- lize the debts by it lawfully contracted or to be contracted, and stipulate for the payment thereof by annuities covering a period of not more than fifty years. R. S., 2035rt. Such annuities include the interest and the por- tion of the capital which is to be paid yearly to extinguish the debt at the date agreed upon. R. S., 20356. Such corporation may, with the authorization of the Superintendent of Public Instruction, issue, for the payment of such annuities, debentures maturing every six months or every year until the loan is paid oif. R. S., 20Sbc. 234. Any school corporation may also, with the authorization of the Lieutenant-Governor, upon the recommendation of the Superintendent of Public Instruction, borrow moneys, and, to that end, issue debentures or obligations, but only in virtue and under the authority of a resolution indicating : 1. Tlie obiects for wbioh tliA Innn i^a i■,^ ho ^on- I Article 234 is amended by adding after the word : | ''Lieutenant-Governor" in the second line, the words: " in Council." 5] the 3| her* witlJ here! P^ visi( Dn SCHOOL COMMISSIONERS AND TRUSTEES 81 L by thia ecretary- am. and town or zation of le report 1, capita- or to be ■j thereof ilian fifty the por- y^early to n. R. S., zation of Issue, for naturing ji is paid with the upon the Public [id, issue Itue and 1 ^Ci n on- 5. All other details relating to the issue and to the loan. 235. Any issue of debentures or obligations heretofore made and which may be in conformity with the requirements of the preceding article is hereby declared good and valid. Pending cases shall not be affected by these pro- visions. SKCTION XI 1 DUTIES OF SCHOOL COMMISSIONERS AND TRUSTEES RESPECTINtJ SCHOOL TAXES S36. It is the duty of school commissioners and trustees to cause to be levied by taxation, in their respective municipalities, the taxes necessary for the support of the schools under their control. R. S., 2036. ^ 337. School assessments shall be imposed uni- formly according to valuation upon all taxable pro- * field : — That the limits of the town of St. Johns extending to the centre of the Richelieu river, the corporation of the said town has the right to levy taxes on that part of the railway bridge, crossing the Richelieu river, which is situated within the limits of the town, as defined by an act of the Quebec Legislature. The Centra/ Vermont Raihray Co. and The Totrn of St. Johns. C. Q. B., Montreal, 1886.- L. C. J , vol. 30, p. 122. Held : — That the limits of the municipality of the town of Lon- gueuil extend to the centre of the River St. Lawrence, and that a wharf situated within said limits, occupied and used as the prop- erty of a ferry company, is liable to taxation by the municipality. The Ton-n of Longucuil *w. The Lonrjueuil Xavujation Go. S. C, Montreal, 1883, Judge Taschereau. — L. N., vol. 6, p. 291. Ncfd .— That a hypothecary action, against the holder (tier/i detentevr) of an immoveable, f r school taxes is appealable, and thus subject to revision by three judges of the Superior Court. The School Commimoners of St. Norhert rx. Crf'peau. C. R., Que- bec, 1883.— Q. L. R., vol. lo, p. 49. i 1 ^2 SCHOOL LAW perty in the municipality, and shall be payable by the owner, occupant, or possessor of such property. If not paid, such assessments shall be a special charge upon such property, bearing hypothec and not requiring registration. R. S., 2038. S3S. Every person, being a rate-payer in a muni- xjipality in which there is a corporation of commis- sioners, and also a corporation of trustees, or in a municipality erected for either of the two religious denominations, who has children of from five to six- teen years of age not belonging to the religious belief which he professes, shall pay his taxes to both these corporations in proportion to the number of such children of the religious faith of each. New. SS9. The following are exempt from the pay- ment of school assessments : 1. All property belonging to Her Majesty, or held in trust for the use of Her Majesty ; and that owned or occupied by the municipal corporation in which they are situated, as well as buildings in which are held courts of justice and registry offices ; 2. All property occupied by or belonging to either the Federal Government or the Government of the Province of Quebec ; 3. Property belonging to /afen^'i^es, or to religious, charitable, or educational institutions or corpora- Htld :~Th:\,t the purchaser of property from Government, in the middle of the civic year, after completion of roll, is not liable for taxes tor the remainder of the year. Hogan vs. The City of Mont- real et al. G. Q. B., Montreal, 1884.— L. C. J., vol. 29, p. 29. Held : — That property belonging to educational corporations or occupied by such corporations, for the ends for which they were established, and not possessed solely by them to derive a revenue therefrom, is exempt from all municipal and school taxes. '(, \ SCHOOL COMMISSIONERS AND TRUSTEES 83 ible by operty. special lec and a muni- jommis- orin a eligious 3 to six- eligiouB I to both mber of . New. the pay- esty, or nd that ation in lings in offices ; :o either of the iligious, jorpora- [nt, in the liable for of Mont- 29. |rporation8 bhey were revenue tions legally constituted, or property occupied by such fabriques, institutions or corporations, for the purposes for which they have been established and not possessed by them for purposes of revenue ; 4. Cemeteries, bishops' palaces, presbyteries and their dependencies ; 5. Every private educational institution receiving no grant from the municipality in which it is situat- ed, and the land on which it is erected, and its dependencies ; but every private educational insti- tution that wishes to take advantage of this ex- emption shall be obliged, after having its title to such rights fyled in the Department of Public Instruction, to make each year to the Superin- tendent of Public Instruction, according to a form which shall be furnished for that purpose, a report establishing the fact that it has at least ten pupils, and the number ofpupils attending such school, and all information that may be required by the Super- intendent of Public Instruction ; J 6. All property belonging to or used especially for exhibition purposes by agricultural and horticul- tural societies. R. S., 2044, am. That the farm, known as Maizeret, utilized by the Quebec Serai- nary : 1° for its produce, the greater part of which is used by the Seminary ; 2° as a place of recreation, since more than a century, for the priests, ecclesiastics and pupils of this institution, is exempt from school taxes. The School CommisHioners of St. Boch Nord vs. The Quebec Seminary. C. Q. B., 1884.— Q. L. R., vol. 10, p. 335. X Held: — That a private boarding and day school (for young ladies), receiving no grant, employing several teachers and having on an average eighty-five pupils per year, is '* an educational establishment " within the meaning of the law and exempt from municipal and school taxes. Wylie and The Corporation of the City of Montreal. Supreme Court, March 8, 1886. i I d4 SCHOOL LAW 240. The Superintendent of Public Instruction may authorize the school commissioners and trustees of a municipality in which a town or village is com- prised, to levy, upon the real estate of such town or viUage, a different tax from that which they levy upon the real estate outside such limits; but in such case the tax upon real estate situate outside the limits of such town or village must not be less than one-half of that imposed upon the said town or vil- lage. R. S., 2039, mod. Ildd : — Tliat a .. )n? .tuated on the same lot of land as the Morrin C'»llegi3, to whi.;h it belongs, and ocoupied a^^ a private dwelling l)y two of the professors of this college, is tinploytdfor the purpo.se o/educaftvii ar: ' on t' ; account is exempt from municipal taxes, although part of tiie salaries of the professors was deducted as rent. The Trea^mrer of the City of Quebec w. The Morrin CoUe(/e. C. Q. B., Montreal, 1881.— R. L., vol. 11, p. 335. Held: — That where an annual assessment, extending over a term of years for the purpose of meeting debentures issued to pay for the constructiun of a market hall, etc., is validly imposed by a munici- pality on all the rateable property within its limits, any part of such property is not purgefl from the tax, although it subsequently becomes non-rateable, through its baiiig acquired by a charitable or educational institution. That the making of a valuation roll subsequent to the by-law imposing such assessment, does not constitute the levying of a new tax, but merely determines the annual amount of the tax to be levied under such by-law. The Sisters of the Holy Names of Jesus and of Mary vs. The Corporation of the Village of Waterloo. C. Q. B., Montreal, 1887.— L. C. J., vol. 31, p. 279 ; M. L. R., Q. B., vol. 4, p, 20, and L. N., vol. 11, p. 131. Held : — That municipal taxes assessed on a property, situated in the town of Sorel belonging to Her Majesty and held in trust for her by the Secretary of State for the War Department, cannot be lecovered from the occupant of the property, in spite of the fact that his name is on the valuation roll, and that he has neither peti- tioned nor asked to have it taken oflF. Parsons vs. The Mayor of Sorel. C. Q. B., Montreal, 1873 — R. L., vol. 15, p. 417. Held : — That the exemption from taxes in favor of educational institutions comprises special taxes. The Seminary of St. S id pice and the City of Montreal Supreme Court of Canada. L. C. J., vol. 23, p. 197. L. N., vol.12, p. 178. SCHOOL COMMISSIONERS AND TRUSTEES 85 'uction nistees 8 com- )wn or y levy n such :le the 3s than or vil- d as the I private edj'or the ouiiicipal liediicted II College, er a terra i,y for the \i munici- part of equently citable or e by-law of a new lax to be of Jesus C. Q. B., i. , vol. 4, uated in trust for annot be the fact her peti- layor of icational SiUpice J., vol. I 'f 341. The school commissioners or trustees shall collect from the rate-payers in their municipality a sum sufficient to pay the salaries of the teachers, at the expiration of each month of teaching, and their report to the Superintendent of Public Instruction shall show that this has been done. R. S., 2040. , 343. The school commissioners or trustees shall value and tax any lot of land separated from any land already valued and taxed, upon wliieli one or more buildings have been erected since the public- ation of the valuation roll then in force, and make, in such vahiation roll and in the collection roil, such alterations as become necessary by the separ- ation of such lot, or the erection of such building. The commissioners or trustees shall, however, not be bound to make such valuation when the alter- ations resulting therefrom are unimportant. R. S.^. 2045,^^96^^,2046. 34t$. All alterations in the valuation and collect- ion roll shall be made and published in the manner prescribed for the making and publishing of the valuation and collection rolls in any school munici- pality. R. S., 2046, in part. 3 II. The school commissioners or trustees, as the case may be, may also, every year, with the au- thorization, or upon the order of (he Su])erintendent of Public instruction, exempt from school contribu- tions any rate-payer living more than five miles from the nearest school of his religious belief, proviuld have been e model school- lunicipahty, the n as specified in in part. k ,. 255. No assessment exceeding the sum of three thousand dollars shall be levied for the purchase or construction of a house for a superior school, aca- demy or model school, nor exceeding the sum of sixteen hundred dollars for the purchase or con- struction of an elementary school-house and its dependencies, unlest? the school commissioners or trustees are specially authorized by the Superin- tendent of Public Instruction to levy for such pur- poses a larger sum. R. S., 2058. * 350. In the case of a special assessment imposed upon one school district, or upon the whole muni- cipality, for the purchase, building, rebuilding, en- larging or repairing of a school-house, or its depen- dencies, any rate-payer may, after the imposition of such assessment, appeal therefrom, in virtue of article 482 and following- of this act, to the circuit court of the district or county in which the muni- cipality is situated. R. S., 2052, am. . ,. 2»57. If, after having selected a vacant lot of land as a site for a school-house, or for enlarging the same, the school commissioners or trustees, as the * Hdd : — That Boards ot School GoinmissioiiH.r.H, or Trustees, cannot levy a tax exceeding three thousand ilollars for the con- struction of a model school-house. Th<- School Coni',' >^ wiier.s of Laprnirie vs. Bros-^eaxi et a1 . C. (J. B. , Montreal, 188-*. -J, C. A., vol. 4, p. 42. Held: — That the oblig'itions of municipal corporations are n\ea- fiured by their powers. That, consequently, sohool commissioners (or trustees) are not liable for the balance of an. obligation, given for the erection of a model school-house, when such balance is in excess of the amount authorized by law to be so expended. Adams r.s. The Sdwol Com- mimone)\t of fhirnston. C. Q B., Montreal, 1800. — L. C. J., vol. 4, p. 363 aiid L. C. R., vol. 11, p. 46. 88 SCHOOL LAW SKCTION XIV DUTIES OF .'•C'HOOL ('O.M M ISSIONKKS AM) TUl'STKKS IlK.SI'KCTINO SCHOOL-IIOl'SKS AND .S<.IlO()L-I-OTS 25?. School-houses shall be built in accordance with and upon plans and specifications approved or furnished by the Superintendent of Public Instruc- tion. R. S., 2053, in part, 25;5. If it bo necessary to purcliasc or enlarge a school site to build, rebuild, enlarge or repair one or more school-houfes or dependencies, or to pur- chase or repair school furniture or equipment, the school commissioners or trustees may, for this pur- pose, tax either the particular district or the whole mrk \-%w\ r»Tr\n If + TT n i^/./-\»»/l ti-» m* c\ r\ /"\ v^ /\ r\%* + V-\ . » 4- It r\^m ■*% I <^ «i^ Article 253 is amended by adding- after the first clause thereof, rhe following clause : " The tax so imposed may be payable by annuities for a term of years not to exceed five." '' ';'';■ n ''■,:■ ■ . ";' . I ueeii given lu luc iiiiu-paj'tJiB, jii uuiiiuimiL^ with the provisions of article 293 of this act. R. S., 2041), in pavf^ am. and nriu. 254. If the assessment for a model school or academy be in question, the district in which the said school is situated, if it is obliged to bear the tax provided for in the preceding article, is first assessed for an amount which would have been necessary for an elementary school. The additional sum required for the model school- house shall be levied on the whole municipahty, the district also paying its share. The notices required shall be given as specified in the preceding article. R. S., 2049, in part. SCHOOL COMMISSIONERS AND TRUSTEES ae rst in 55155. No assessment excee(lin. * 2»>0. In the case of a special assessment imposed upon one school district, or upon the whole muni- cipality, for the purchase, builf'ing, rebuilding, en- larging or repairing of a school-house, or its depen- dencies, any rate-payer may, after the imposition of such assessment, appeal therefrom, in virtue of article 482 and following of this act, to the circuit court of the district or county in which the muni- cipality is situated. R. S., 2052, am. 25T. If, after having selected a vacant lot of land as a site for a school-house, or for enlarging the same, the school commissioners or trustees, as the * Held: — That Bjards of Sohool GornmissioiiHr.-t, or Trustees, cannot levy a tax exceeding three thousand dollars for ilie con- struction of a model school-house. Tlw School Commissw^K rt of Laprairie (••■(. Brosxeau et a(. C. Q. B. , Montreal, 18S4. — D. C. A., vol. 4, p. 42. Helfi : — That the obligations of municipal corporations are n\ea- sured by their powers. That, consequently, school commissioners (or trustees) are not liable for the balance of an. obligation, given for the erection of a model school-house, when sucli balance is in excess of the amount authorized by law to be so expende. In either of the cases mentioned in the preceding article, the school-house and the site upon which it is built are, in case of contestation, valued by valuators as follows : When two school boards are interested, each names an expert, or if two schools in the same municipality are in cpiestion, the school board of such municipality appoints the two experts. If the two experts cannot agree, they shall appoint a third. R. S., 2057, in part. * JId'l .— Th;it a si.hot)lhoiise, purchased, or built by the rate- payers of a ili-slriot, shall, if su';h tli.strict is auppressofl by being annexed to atinilitM", or to others, bsoirna tlie property of the school niiniicipality of which sir;h district form^ part aft^ir its annexation ; if such sc-iioolhiiu-;e is koIiI, the pro(!eed3 shdU be pai; K::K 20«. Upon d its expert or hot in a delay of on default so to do 1 appointment of e or any of the ii county or of the is situated when that purpose and the prothonotary 2«T. The exp <;eding articles ha witnesses, swear, award is final ; it and the land, as \ the valuation and the same. R S.J tins. Wlien th the school commi pality or municij apportion betweei to be paid, collect suit or seizure as taxes and render R. S., 2064, § 5. 209. Two or m to build or mainti school or an acadt control of the scIk in which it is situi Nevertheless, tl of the other mun; are united for tin SCHOOL COMMISSIONERS AND TRUSTEES 200. Upon default by a school board to appoint its expert or both experts, as the case may bo, \yith- iu a delay of one month after having been put in default so to do by one of tlie interested parties, the appointment of such experts is made by the iudge or any of the judges of the superior court of the county or of the district in which the municipality is situated when an application iR made to him for that purpose and, in the absence of the judge, by the prothonotary. R. S., 2057, § 2. 207. The experts appointed in virtue o^'the pre- ceding articles have all necessary powers to summon witnesses, swear, examine and hear them. Their award is final; itiixestlio value of therchool-liouse and the land, as well as the amount of the costs of the valuation and designates the party who shall pay the same. R S., 20-^7, §§ 3, 4. 20cS. Wlien the experts having given their award, the school commissioners or trustees of the munici- pality or municipalities concerned, without delay, apportion between the proper persons the amount to be paid, collect the money as soon as possible by suit or seizure as in tbo-case of the collection of taxes and render account to the persons interested. E. S., 2064, § 5. 20f). Two or more school municipalities may unite to build or maintain an elementary school, a model school or an academy, which shall bo then under the control of the school corporation of the munici[>ality in which it is situated. Nevertbeless, the school commissioners or trustees of the other muti'icipality or municipalities, which are united for the purpose of contributing to the 92 SCHOOL LAW 2<5 1« AVhen a school district is divided by the formatio!! of a new district or of a new municipality, or by the annexation of a part of its territory to a nH]nici[»ality or district already existing, tlie part on which the school-house is situated shall retain the property thereof, but shall refund to the other an amount which shall be established pro rata by the valuation of the real property which was taxed for its erection. The same rules shall be followed when the re- ligious minority sliall declare themselves dissentient ; unless an understanding to the contrary be come to Avith the minority, the majority shall keep the said school-house on i)ayment of an amount determined as above. R. S., 2064, in parf^ am. ^ 2<»''5. In either of the cases mentioned in the preceding article, the school-house and the site upon Avhicli it is built are, in case of contestation, valued bv valuators as follows : When two school boards are interested, each names an expert, or if two schools in the same municipality are in question, the school board of such municipality appoints the two experts. If the two experts cannot agree, they shall appoint a third. R. S., 2057, in part. * Jlel'l : — Tiiat ;i sclioolhoiise, piirchasod, or built by the rate- payers ni a liistrict, shall, if such /» rx. The Srhoof Commis^tioiK rs of f Chnrfcshonrff, 9, p. 31-2. C. C. Quebec, 18S:?, Judge Casaulr.--Q. L. R., vol. th( SCHOOL COMMISSIONERS AND TRUSTEES 93 rate- itioii ; school r the back Com- on. — r.s' of , vol. h y>^ ettdid! •'»->'-»•-• 'l<->4V>i.1+ 1at» «^ 11 /-ill />/->! l^/^r»i»/l +r4 or%i->rM lit Article 2G0 is amended by replacing all the words after the words: " interested parties," in the fourth line, by the words : " the lot and school house shall be sold by auction and the price of the sale shall be divided between each of the parties in the manner provided in article 2(34 of this act." that purpose and, in the absence of the judge, by the prothoiiotary. R. S., 2057, § 2. 207. The experts appointed in virtue Oif the pre- ceding articles have all necessary powers to summon witnesses, swear, examine and heor them. Their award is final ; it fixes the value of the rchool-house and the land, as well as the amount of the costs of the valuation and designates the party who shall pay the same. R. S., 2057, §§ 3, 4. !:20cH. When the experts having given their award, the school commissioners or trustees of the munici- pality or nuinicipalities concerned, without delay, apportion between the proper persons the amount to be paid, collect the money as soon as possible by suit or seizure as in the -case of the collection of taxes and render account to the persons interested. R. S., 2064, § 5. 2GIK Two or more school municipalities may unite to build or maintain an elementary school, a model school or an academy, which shall be then under the control of the school corporation of the municipality in which it is situated. Nevertheless, the school commissioners or trustees of the other municipality or municipalities, which are united for the purpose of contributing to the 94 SCHOOL LAW erection or maintenance of such elementary or model school or academy, shall have the right to be repre- sented by one or more of their number at all meetings of the school corporation of the municipality in which such school is situated, to take part in the discus- sions, and to vote upon all questions respecting the administration of the affairs of such school. In the absence of an agreement to the contrary, the right to attend such meetings of the school board extends to all the school commissioners or trustees of the said municipalities. R. S., 2065 am. 2TO- All school corporations that desire to co- operate,* in the manner above set forth, in the erection of such elementary or model school or academy build- ing, shall pass a resolution to that eifect, naming the amount which it shall furnish as its share. Such sum may be paid in one amount, but at least one instalment shall be paid annually till the whole is paid. 2. All school corporations that desire to partici- pate in the maintenance only of one of such schools shall also pass a resolution naming the amount to be levied annually for that purpose. 3. The resolution adopted in either of the cases above-mentioned shall be submitted by the school board at a meeting of the rate-payers of the munici- pality, called for that purpose in the ordinary man- ner. The notice calling such meeting shall contain a copy of the resolution to be submitted. At such meeting, the persons qualified to vote shall record their votes for or against the resolution in the manner provided for the election of school commissioners and trustees. 1 If said rity ofth inth to tl the 4. scho by SCHOOL COMMISSIONERS AND TRUSTEES 95 i^; If the majority vote against the resolution, the 8aid rosolution shall become null ; but if the majo- rity are in favor of the resolution, the school board of the said municipality shall levy the amount named in the resolution, and shall pay the said amount over to the board of the school municipality in which the school is situated. 4. The amount named for the maintenance of the school shall be paid over each year until it is decided by vote of the rate-payers to discontinue such pay- ment. R. S., 2066. S71* When a school board accepts from another school municipality aid for the construction or main- tenance of one of the above-mentioned schools sit- uated in its territory, the children in the municipa- lity which has furnished such aid shall have the right to attend such school upon the sarre conditions as the children of the municipality in which such school is situated. R. S., 2067. SECTION XV DUTIES OF SCHOOL COMMISSIONERS AND TRUSTEES RESl'KCTINU SCHOOLS FOR GIRLS AND Bv)YS 27li. School commissioners or trustees may estab- lish in their municipality girls' schools distinct from those for boys, and each of these schools for girls or for boys shall be considered as a district. R. S., 2076, mod, 278. A religious community that places its school under the management of commissioners or 96 SCHOOL LAW trustees, shall be entitled to all the advantages granted by this act to public schools. R. S., 2077, mod. SKCTION XVI DrTIRS OK SCHOOL (JOMMlHSroXKRS AND TRI'STKKS RRSPECTIXn TFIK ANNI'AL CKNSrs OK CHILDREN 2T4. School commissioners and trustees shall cause their secretary-treasurer to make, between the first day of September and the first day of October of every vear, a census of the children of their school municipality. In such census he must dis- tinguish those children who are from seven to four- teen years of age, those from five to seven, and those from fourteen to sixteen, showing the num- ber in each of these categories actually attending school. R. S., 2078, am. *27*i» School commissioners and trustees shall, in their report, transmit such annual census of children in their municipalities to the Superintendent of Public Instruction. R. S., 2078, am. ti7iU Every head of a family, tutor, curator or guardian who refuses to give to the secretary- treasurer the information prescribed by article 274 of this act, or who makes a false declaration, is liable to a fine of not less than five nor more than twenty-five dollars. R. S., 2079, in ijart. ill the advantages lools. R. S., 2077, irSTEKS RKSPKrTINf! THK LDRKN and trustees shall • make, between the first day of October children of their census he must dis- from seven to four- five to seven, and showing the num- actnally attending I md trustees shall, in census of children Superintendent of am. ', tutor, curator or to the secretary- ibed by article 274 alse declaration, is five nor more than ), in 'parL ^f PUBLIC NOTICE CHAPTER FIFTH n PUBLIC NOTICES — SPECIAL NOTICES— NOTICES TO BK GIVEN RESPECTINQ CERTAIN ACTS OF SCHOOL COMMIS- SIONERS AND TRUSTEES SECTION I PUni-lC NOTICES 277. The publication of a public notice for school purposes is made by posting up a copy of such notice at two different places in the municipality, indicated by resolution of the school commissioners or trustees, as the case may be. R. S.,1869, am. 278. In default of localities indicated by the school corporation, the public notice must be posted upon the principal door of at least one place of public worship of the religious belief to which the commis- sioners or trustees concerned belong, if such place exists, and at some other public place in such muni- cipality. R. S., 1869, aru. 27l>. The school corporation may also, by resolu- tion, fix one or more localities in the municipality or in a neighboring city, town or village munici- pality, if such city, town or village municipality forms part of the same parish or of the same town- ship, where such notices are to be posted. R. S., 1870, in part, am. 2MO. The publication of a public notice n^ ist bo made at one of the places where the posting must 96 SCHOOL LAW trustees, sliall be entitled to all the advantages gianted by this act to public scliook. R. S., 2077, viod. HKCTION XVI PUBL t\ f'fiif f.^ Article 274 is replaced by the following : — •• 2T4. The secretary-treasurer is bound to make, between the first day of September and the first day of October of every j^ear, a census of the children of the school municipahty , and the school commissioners and trustees shall see that he performs his duty. In such census the secretary-treasurer must distinguish those children that are from seven to fourteen years of age, those from five to seven, and those from fourteen to sixteen, showing the number of each of these categories actually attending school. 55 i hall the >ber leir dis- )ur- and im- ing 9>i^ 275. School commisHioners and trustees shall, in their report, transmit such aimnal census of children in their municipalities to the Superintendent of Public Instruction. R. S., 2078, am. 2TU. Every head of a family, tutor, curator or guardian who refuses to give to the secretary- treasurer the information prescribed by article 274 of this act, or who makes a false declaration, is liable to a tine of not less than five nor more than twenty-five dollars. R. S., 2079, in 'pari. ntasjea , 2077, i bill jthe iber ueir (lis- )ur- aiid lin- ing hall, in lilclren ent of itor or [retary- jle 274 [ion, is 'e than '^' h rUBLIC NOTICE CHAPTER FIFTH 97 PUBLIC NOTICES — SPECIAL NOTICES— NOTICES TO BE GIVEN RESPECTING CERTAIN ACTS OF SCHOOL COMMIS- SIONERS AND TRUSTEES SKCTKIN I I'l'llLIC NOTICES 277. The publication of a public notice for school purposes is made by posting up a copy of such notice at two different places in the municipality, indicated by resolution of the school commissioners or trustees, as the case may be. R. S.,1869, am. 27S. In default of localities indicated by the school corporation, the public notice must be posted upon the principal door of at least one place of public worship of the religious belief to which the commis- sioners or trustees concerned belong, if such place exists, and at some other public place in such muni- cipality. R. S., 1869, am. 27!K The school corporation may also, by resolu- tion, fix one or more localities in the municipality or in a neighboring city, town or village munici- pality, if such city, town or village municipality forms part of the same parish or of the same town- ship, where such notices are to be posted. R. S., 1870, in pari, am. *^HO» The publication of a public notice must bo made at one of the places where the posting must ■» SCHOOL LAW bemude under the preceding articles, by reading it aloud, in a distinct manner, on the Sunday next fol- lowing the day on which the same was published, at the close of divine service in the morning, if such service has been held. The omission to read such notice docs not in- validate the publication of the notice, but the per- sons who were bound to read it thereby incur a penalty of not less than two or more than ten dollars. R. S., 1870, 1)1 part^ mod. 2?*1« Every notice which should be published in the newspapers, must be inserted in those published at least once a week in the county, or if there are none in the county, in the district in which is situate the municipality giving the same, or in the neigh- boring district if none are published in such county or district. The same rule applies when such notice must appear in two newspapers ' published in diiFerent languages. R. S., 1871, mod. 282. No notice can be inserted in English and in French in a newspaper published in one of these languages only. R. S., 1872. 283. Every public notice convening any public meeting or given for any other object what. -^ must be given and published seven clear days ^re the day appointed for such meeting or other ^ oct, except in cases otherwise provided for by this act. R. S., 1878, mo(^. o284* The delay upon a notice published in a newspaper counts from the day of the first insertion _. "■-■•'J' '- ling it ;xt tbl- lirtliecl, if such not iu- hc per- ncur a an ten shed in blislied lere are situate ) neigh- county e must liferent ish and )f these public re L <^ct, is act. jd in a isertion ,*»■■ SPECIAL NOTICES 99 of the notice in tlie paper, and if the notice he puh- lishcil in several papers on different days, the delay counts from the first insertion in the newspaper which has last published the same. M. C, 239. 2.H5. Except in cases otherwise provided for, public notices are binding upon proprietors or rate- payers domiciled out of the municipality, in the same maimer as they are upon residents. R. S., 1874. HKCTION n HVKCTAT, NOTUKS 280. Every special notice must be drawn up in writing in the language of the person to whom it is addressed, unless such person speaks a language other than French or English. M. C, 224. 3M7. The special notice addressed to any person who speaks neither the French nor the English language, or who speaks both of these languages, is given to him in either language. (See. Form No. 2.) M. C, 224. 28H. The service of a special notice is effected by leaving a copy of the notice with the individual to whom it is addressed, in person, or with a reasonable person at his domicile or at his place of business, except in cases where the service is made by mail in virtue of any provision of this act. M. C, 225. 389. Every special notice addressed to an absent proprietor or rate-payer, who has appointed an agent residing in the municipality, must be served on such agent. lOU SCHOOL LAW If ail ageijt, resi'leut in the inuiiicipality, has not been appointed by such absent rate-payer, every Buch notice is Bcrved by lodging in the post-office of the locality a copy thereof in a sealed and regis- tered envelope, addressed to the absent proprietor or rate-payer. M. C, 2^6. *^iHU No one is bound to give a special notice to any absent rate-payer, who has not appointed {in aii;cnt, unless such rate-payer has nuuh; kiiovrn his address in writing by tiling the same in the office of the secretary-treasurer of the school board. M. C, 228. *Ji^t* Special notices may be served between the hours of seven o'clock in the morning and seven o'clock in the evening, on juridical days. However, they cannot be served at places of business, except between the hours of nine in the morning and four in the afternoon. M. C, 229. 20Ii« If the doors of the domicile or place of business, where service of a special notice in writing should be made, are closed, or if there is no reason- able person therein, service is effected by affixiiig a co[»y of the notice to one (^f the doors of tlie domicile or place of business. M. C, 230. sKrrioN m NOTICKS TO BE CIVKN llKSriX'Tl Mi (ICHTAIN ACTS OK SClUKtl* COM- MISSION EKS AM) TliUSTEES 2^>J5. The secretarv-treasurer of a school board shall, under penalty of a line of ten dollars, read and post up, in accordance with article 277 and follow- 3 municipality, has 3ut rate-payer, every ^f ill the post-office 1 a sealed and regis- e absent proprietor jive a special notice ) has not appointed r has nuuh; knovrn lo* the same in the of the school board. served between the morning and seven lical days. served at places of ours of nine in the )on. M. C, 229. omicile or place of 3ial notice in writing f there is no reason- Ifected by affixiiig a loor^of tlie domicile CI. TRUSTEES OF DISSENTIENT SCHOOLS 101 inscofthis act, durinsj tlie fifteen davs followini!* their adoption, the resohitions adopted in the follow- ing cases 1. When the school commissioners or trustees estabhsh new school districts, alter the limits of districts already established, re-unite two or more districts or separate such districts, iix the location of a schooMiouse, decide to ac(pnre a site for a school-house^ or to build, enlarge or repair a school- house or its dependencies ; 2. When the school commissioners or trustees have imposed a special assessment for the purchase of land for a school-house, for the building, enlarg- ing, repair or maintenance of a school-house and its dependencies, or for the purchase and repair of school furniture ; 3. When the school commissioners or trustees have chanf!;cd the svstem of assessment followed in the municipality for the purj)Oses mc!itioned in the preceding paragraph. (See Form No. 21.) No resolution passed under the provisions of the preceding i»aragraplis shall come into force before thirty da^^s after the publication of the above-men- tioned notice. Neiv. JN ACTS OK SCHOOL COM- •STEKS of a school board ten dollars, read and icle 277 and folio w- CIIAPTER SIXTH TRUSTEES OF DISSENTIENT SCHOOLS !21He School trustees form a corporation for the purposes of tlie dissentient schools of their munici- pality. They are subject to the same duties and 9 100 SCHOOL LAW If an agent, rcrii'leiit in the municipality, has not been appointed by such absent rate-payer, every such notice is served by lodging in the post-office of the locality a copy thereof in a sealed and regis- tered envelope, addressed to the absent proprietor or rate-}>ayer. M. C, 226. tJOO. No one is bound to give a special notice to an}' absent rate-payer, who has not appointed an agent, unless such rate-payer ha-; niadi; kiiovrn his address in writing by tiling the same in the office of tlie secretary-treasurer of the school board. 1 «• r> acta Article 291 is replaced by the following: — " 291. The service of the special notice may be made between seven o'clock in the morning and seven o'clock in the afternoon, everj^ day in the year, and even on non-juridical days. But it cannot be made at a place of business except on juridical days and between nine o'clock in the morning and four o'clock in the afternoon." n )f le )f cr shoul.. be made, are closed, or if there is no reason- able [lerson tlierein, service is effected by uffixing a coi>y of the notice to one of the doors of the domicile or place of business. M. C, 2;]0. '> SECTION III NOTICKS TO RK CIVKN llKSi'KC I'l N) J < IIKIAIN ACTS OK SCilOOl, C.O.M- MIS.S10NEK.S AND TUUSTKKS 2^>55. The secretarv-treasurer of a school board shall, under penalty of a line of ten dohars, read and post up, in accordance with article 277 and follow- has ;e n le . TRUSTEES OF DISSENTIENT SCHOOLS 101 ins: of this act, diirincr tlie fifteoii clays tbllowinij!: their rtdoptioii, the resohitions adopted in the t'ol low- ing cases 1. When tlio school comniissioners or trustees establish new school districts, alter the limits ot" districts already estaldished, re-unite two or more districts or separate sueli districts, iix the location ol'a school-liouse, decide to acfpiire a site for a school-house, or to build, enlarge or repair a school- house or its dependencies ; 2. When the school commissioners or trustees have imposed ii special assessment for the purcliase of land for a school-hoUoO, for the building, enlarg- ing, repair or maintenance of a school-house and its dependencies, or for the purchase and repair of school furniture ; 3. When the school commissioners or trustees have changed the system of assessment followed in tlie municipality for the purposes mentioned in the preceding paragraph. {See Form i^o. 21.) No resolution passed under the provisions of the preceding paragraphs shall come into force before thirtv (hays after the : ablicjition of the above-men- tioned notice. New. COM- CHAPTER STXTII TRUSTEES OF DISSENTIENT SCHOOLS 201. School trustees form a corporation for the purposes of the dissentient schools of their munici- pality. They are subject to the same duties and 9 102 SCHOOL LAW exercise the .same powers as school corniiiisKioners I'or the iiaUty as the numher of children attending such dissen- tient schools hears to tJie entire number of children attending school in ^he whole municipality. K. tS., 2081, in 'part, invd. 300* Trustees of dissentient schools alone have* the right to impose and collect the taxes to he levied upon the dissentient inhabitants. K. S., 2082. SOT. Whenever the school trustees in two ad- joining municipalities are unable to sujiporta school ill each municipality, it shall he lawful for them to unite and to establish an/iiiii/ r^. (h, Srlti><>! Tru-'^- tees of Acton Vale. — S. C, St. llyacintliu, 187.'>, Jmlge hicotte. L. C. J., vol. 18, p. 2L ■ GENERAL PROVISIONS 103 .sioiiorfci jipality 085, m iluirc of propor- cipjility (lisseii- jhiltlreu U. tS , lie have* s to bo 5., 2082. t\V(j ad- a school blioiu to or thoir loai* tho IS to bo lOir (loci- id out of of tlio r ol' tho porsoti tmn* The trustees have the right to obtain a coi)y of the collection roll in force, of the list of children capable of attending school, and of all other documents in the hands of the school com- missioners or of their secretary-treasurer which con- cern them. R. S., 2084, § 1. . ^ SJO!>. If there is no collection roll, or if tho assess- ment imposed does not appear to them a proper one, the trustees may, during the two months following their election or thoir appointment, impose a new assessment upon tho dissentient inhabitants accord- ing to the procedure prescribed by articles 363 and following of this act. R. S., 2084, § 2, avi. •SOO. Trustees may constitute their own school districts, disiinot and separate from the school dis- tricts established by the school commissioners. K. S., 2085, in party am. CII AFTER SEVENTH SECRETARY-TREASURERS OF SCHOOL COMMISSIONERS AND TRUSTEES SECTION I iDi Ic more (; (lin'tuciil scIp ol and ■!„.■••! Trii-^- ue Mcolte. c3 gp:sehal pkov^ikions ;JOI. Every school board shall have an officer <;alled the secretary-treasurer, whom it aj^oints and 104 SCHOOL LAW may dismiss at pleasure, and whose remuneration it tixes by resolution, li. S., 2087, am.^ 2110. ^ S02. In every newly formed municipality, the secretary-treasurer must be appointed within thirty days after the election or the nomination of the members of the school board. M. C, 142, in pavl^ Yiiod. J50J5. Every secretary-treasurer, before acting as such, must make oath faithfully to discharge the duties of his office, and must have given the security required by article 308 of this act. {See Forms Nos. 1 and 11). M. C, 144, part, mod. «S04. The secretary-treasurer may reside beyond the limits of the municipality, but he must have his office in the place where the sessions of the school board are held, or in any other place iixed by resolu- tion of the school board ; provided the same be not in a hotel, inn, or in any other place where intoxicat- ing liquors ar^ sold. M. C, 171, in ^^ar^, mod. •S05. The school board shall also fix by resolution the days and hours during which the office of the secretary-treasurer is open to the public. New. 306. The secretary-treasurer may appoint an assistant secretary-treasurer, with the same rights, powers and obligations as the secretary-treasurer himself. * Hihl : — That tlio sccnitary-treasurer of a municipality remains in office only during the good pleasure of tiio council. Loisiau w. Lacailh. C. (J., Montreal, 1872, Judge Mackay.— K. C, vol. 2, p. 280. JIdO : — That the secretary- treasurer cannot claim payment from school commissioners or trustees for 8upplenu!ntary services. Pclle- tier i\on him hy this aet. R. 8., 2112, inpnrf. # 320. The secretary-treasurer is the keeper of all the registers, hooks, plans, maps, and other docu- ments produce(l, tiled and preserved in his otlice. lie catmot divest himself of the custody of any documents couTaiiied in the archives of the school hoard, oxcei)t with the permission of such hoai'd or •■ //(/'/ .—That a scH-futarv-treastuv-r cannot claim payiiuMil from siliuol commissioners or trustees for siippleuicntary siM-viecs. /'(/ lider >•<. Ill' School ('ni)ini>^^iini( rs o/'Sh P/il/oiixiii ,i>. C, Montreal, l^5i, Jiulgos Day, Smith, and Mondolet — L. C. R., vol. i, p. 391. iiii ilcr a of all (locu- irO. any lioo! I I'd or it iritiu r,i iitreal. \ SECRETAUY-TKEASURKRS 100 under llic (»rasiirer iVoni all hooks, ri\i;-isters, archives, aiul other documents, are deemed authentic. U. S., 20IM>, 3!2!i. The secretarv-troasurer collects and has charge of all the moneys of the school corporation. II. 8*:, 2100, am. J * //(/'/ .•—Thill lliu socrutiiry cannot \w (!i)ni|iull, Cllji of Moittrnil . K.',. i). 15., iVIi)Ulrc;tl, IS77. ti. ('. •! , ^<>l. 21, p. "JliK A .similar (kui.siDu in Worhii'ui rs. CI/,/ ,,f M,,„iri'!i. V.. C, Montreal, 187(i, Judge Tor- rance. -L. (J. .1., \(>1. "iO, p. "J 17. ] J tid'/Ditii/ npdii ilii 'n)liii>ii liilUiii of n )'l . \7t~i of Hit M iniii'iinl Coih'. Ihlil : — Tliat tlio secretary is not hound to ont( f at once during tlie nicctin;^, in the niinutc-liook tlie resolutions and nt-^dations of the counri!, I)nt he may wiili; tin ni on loose sljcets in order to write tliem out in full in tin; minute-hooU after the nn (.'ting. Marthi r^. Tin Ci)ri><)ri(ti. .Xo(i"nt muf /In (Jor- /lonifioii of lh( /'iin'sli (>/ S/. A//)h'. () li. K. vul. .'5, p. IIS. :I; //*/'/ : —Tiiat a secretary- 1 reasiuer, wiio had delivered a cheque, received from tin; (lovernment for ! < hool purposes, to the cliairmaii of the school connnissioners of his nnnn'cipality, in oidcr to liave it cashed, could not he held responsible for the loss by theft of a part 110 SCHOOL LAW ) III !01> Tlie secretary-treasurer shall pay, out of the funds of the school corporation, all sums of money due by it ; but he shall not make any payments except when authorized so to do by resolution of the ichool board. If, however, the sum to be paid does not exceed ten dollars, the aulhorization of the chairman is sufHcient. R. 8., 2IOI, mod. its*'). In the absence of authorization from the school corporation or from itschairnnni, the secreta- ry-treasurer may pay, out of the funds of the cor- poration, any draft or order drawn u[)on him, or finy sum (lema,nde. ('« /•,■///< C. »,). H., Qii'ibnc, ISSO. — Q. L.' U., vol. 7, {). M lUhl : — 'I'hat unilcr our iniiniiijial law a S'vrolary-Troasurcr, the fiistotlian of Coi-porat ion nionf.y, carmot. hvs^ally divest hini^^elf of tli'> sauio, exoept in tlu> inauMcf ])!••■!( rih<>.d !iy tho C'ode ; and that in I ho present case, although he had paid the same over to tlie then mayor for safe Uei'piiiLi;, lie was not liieifliy r«di'"ved from the liability to aeeount to tli(^ Corporation. T/if (Jorjtornfldii of Md- hoiini' 'iiitf /irf>i))/itoii. (Jor< rs. ,/ohii Main d a\ . — L. N., vol. 11, p. 3V»4. < oftlie uoney ments ion of exceed nail is 111 the ocreta- lio cor- or Riiy ) do by lis. Y paid, ie sum a poll- er per- i til out li dis- iml that V^rrilh. [■nasiiror, iiimselt rdc ; ami '!• to iho pjrn the nf Mr/. vol. 11, SECRETARY-TREASURERS 111 2. Lend, directly or indirectly, to rate-jta^'ers, or to any other persons, luoney belonging to the school corporation. E. 8., 2104.'^ J527. Tlie Hccrc^tary-treasurer is bound to keep, in the form prescribed, books of account, in which he enters, according to date, each item of receipt and expeiuliture, mentioning tlierein the names of all persons who have paid money into his hands, or to whom he has made any payment. U. S., 2105. !{2S. The secretary-treasurer must keep, amongst the archives of the school (M^rporation, all vouchers for his expenditure. R. S., 2106. •i2tl. The secretary-treasurer is bound to keep a " repertory," in which he mentions, in a sum- mary maimer and in the order of their ies which they re- quire. R. S., 2108. ' Jfdil : — That, flio so(r(itary-li'<'iimut'r of acily has not the rit^ht to ;i' cept a rntto for mmiii-ipal ta\<'!-\ /hiinniin r-^, 'Hit Coi i>(>iii- tion ojWoulnnl. — II. C, vol. I., j>. 47"). 112 SCHOOL LAW tliii. The secretary-troiisuror Is bound to deliver, upon piiynieiit of liis fees, vvliicli iire ten cents per luindred wurdfi, to any person ii{>[>lyinji; lor the same, co[»ies of or extraets Irorn any Ijook, roll, re- gister, document, or otlier paper which forms part of the archives. He is, nevertheless, bound to furnish, gratuitously, any copy or extract re([uired by the Lieutenant-Gov- ernor, the Superintendent of I'ublic Instruction, the Council of I'ublic Instruction and its committees, or by mendjers of the school corporation or its offi- cers. II. S., 2109. am. HKCXroN V AC(J()CN'TlN(i I'.Y SKlJKETARY-TkKASUKEUiS •itii*i. Unless otherwise specially provided, every eecretary-treasurer shall prepare and submit to the school commissioners or trustees, during the first week of the month of July in each year, a detailed statement, duly ai.dited, of the receipts and expend- iture of th(^ municipality for the year ending on the }>receding tliirtieth of June. R. 8., 2114, § 1, atti. •$•$»{• FAich year, during the month of July, the scliool commissioners and trustees shall have th accounts of the secretary-treasurer audited by one oi more auditors whom they appoint. Before entering into office, such auditors phall tnke an oath to conscientiouly perform the duties of their ofKce. II. S., 2115, a//^ •i!( !• As soon as his accounts have been audited under the provisions of the preceding article, the FKCRETAKY-TREASURERS 113 )uik1 to deliver, e ten cents per jilyinji; lor the ])ook, roll, re- liicli forms part >li, gratiiitonsly, jieutenant-Gov- [nstrnction, tlie its committees, ation or its offi- lUKERS provided, every submit to the hirinii: the first year, a detailed ^s and expend- ondinui: on the 2114, § 1, iiiii. ]\ of July, the shall have th lited by one oi itors shall take ilntiesof their e been audited ig article, the I secretary-treasurer shall prepare a summary of re- ceipts and expenditure, as well as of assets and liabilities, which he afterwards submits to tlie rate- payers of the municipality at a meeting called by him for the pur[)Ose, which he must convene in the same manner as a meeting for the election of com- missioners or trustees. II. S., *2114, § 2, i)i juiit, Uiii. ^ !{*.{5. On the Sunday preceding the meeting which he shall convene in virtue of the preceding article, the secretary- treasurer shall read or post or read and post the summary of his statement of accounts in the manner prescribed by articles 277 and following of this act, or he causes the same to be inserted in a newspaper at least eight days before sucli meeting, in conformity with the [)rovisions of article 281 of this a(;t. Tie shall furnish to every rate-payer, recpiiring the same, a copy of such summary in consideration of the payment of the sum of twenty-tive cents or a copy of the statement as approved by the school board, upon payment of ten cents per hundred words for each copy. R. S., 2114, hi jxni, §§ 2, (>. ^ '' //'/. ]>., Qiiehoc. !S77. — 11. L., vol. M, p. Kil. H'lil : 'I'hat faihire to r^ad a rcgnhitioii doi*s not annul th«' retxuhition, but reader.-' the ofhier eliarged wiih rt'a■. Thi (Uirponition of th J^iiri'Ji n/'St. Siuireiir. C. C, Queljce, IhTlf, Jutlm' Meredith. — Q. L. K.", vol. 2, p. 2o8. .i'M 1! 112 SCHOOL LAW 3;5I« The secretary-treasurer is bound to deliver, upon pi ynieiitof his fees, vvhicli are ten cents per hundred words, to any person ai>i»lyin«z: I'or the Article 331 is amended by replacing the words: " members of the school corporation or its officers" in the tenth and eleventh lines, by the words: " the school corporation." V^V^ II llVvl I V^ 1 -1- 1.K«^11LV -t- KlkJVX V-IV^VA* or by members of the school corporation or its offi- cers. R. S., 2109. am. SECTION' V AOCOUNTfNd l',Y SliCKETA HY-TUKASUKERS i$3!S. IJidess otherwise specially provided, every Bccretary-treasurer shall pre[)are and submit to the school commissioners or trustees, during the first week of the month of July in each year, a detailed statement, duly audited, of the receipts and expend- iture of the municipality for the year ending on the preceding thirtieth of" June. K. S., 2114, § 1, ai)i. 3«itS. Each year, during the month of July, the school commissioners and trustees shall have the accounts of the secretary-treasurer audited by one or more auditors whom they appoint. Before entering into office, acli auditors phall take an oath to conscientiouly pejform the duties of their ofHce. K. S., 2115, rn/^ JiJ5 I. As soon as his accounts have been audited under the provisions of the preceding article, the SECtlETARY-TREASURERS 113 ed .ci- vile tl le he ike :ed ;he , secretary-treasurer shall prepare a summary of re- ceipts and expciidilure, as weli as of assets and liabilities, which he afterwards submits to the rate- payers of the luuiiicipality at a meetiu<^ called by him for the [)ur[)Ose, which he must convene in the same mantier as a meeting for the election of com- missioners or trustees. I\. S., 2114, § 2, in jutrt, (int. ^ li'ia. On the Sunday preceding the meeting which he shall convene in virtue of the preceding article, the secretary'- treasurer shall read or post or read and post the summary of his statement of accounts in the manner prescribed by articles 277 and following of this act, or he causes the same to be inserted in a newspaper at least eight days before such meeting, in conformity with the [)rovisions of article 281 of this ixcA. He shall furnish to every rate-payer, re([uiring the same, a copy of sucli summary in consideration of the payment of the sum of twenty-live cents or a copy of the stateme?it as approved by the school board, upon payment of ten cents per hundred words for each copy. R. S., 2114, in yxt/'/, §§ 2, 3. =^ * //(/., Quehcc, 1S77.— K \. , vol. y, p. 1(51. ■" H>lil : — That failure to rf*ad a rcgulatioi) does not annul tlio rogulation, hut renderti tlic ofliror eharged with reading it lial>le to the penalty imposed l)y law. /'<(/■' nf /v. TIk ('nrfKirnticii of tin Ptirixli ofSf. Sanrenr. C. C. Quehei;, IhT.'J, .ludye Meredith. — Q. L. R", vol. 2, p. 258. : Hi i- 114 SCHOOL LAW HKUTION VI EXAMINATION OK TllL; ACCOUNTS 01' .SKCIlETAUY-TUlUSURLliS Si!iO. Wli(3ncvor tlicy flcein it necessary, or upon a written applieation addre.sscd to them ])y at least iiv(! rate-])ayer3, or by the seeretary-treasurc^r liini- Bolf, Bcliool eornmissioners and trustees shall order an audit oC the accounts of the secretary-treasurer in ofiice or out of office for the year ending upon the iirst of the preceding July, or for any of the iive previous years, hy one or more auditors ap- pointed by them for that purpose, even when the accounts have already been audited in conformity' with the provisions of article 833 of this act. The costs of such audit are payable by the secre- tary-treasurer if there is a deliciencv in his accounts, if not, they are chargeable to the persons who have demanded it, if it did not l)enelit the school miini- cii)ality concerned. R. S^, 2121, 2X2"^^ a in. and new. »^>i»7. In the case of any regular or special audit of the accounts of the secretary-treasurer, the auditor or auditors shall, at least live days before the date fixed for the audit, give special notice to the secre- tary-treasurer ill couformity with the provisions of this act or a written notice served by a baililf upon him wIk^ makes a return of such service, re(|uiriiig such secretarv-treasurer to attend, so as to "'ive all the exphmations or documents that may be re(piired of him. Iv. H., 211(1, § 1, (tm. IVt^H, If the secretary-treasurer reluse or neglect to comply with the order served u[>on him, unort estahlish a deliciency in the accounts, the secretary-treasurer shall, within fifteen days after such service, pay the amount which shall have heen so found doticient. K. S., 2117, am. *>10. If the secretary-treasurer refuse or neglect to com[)ly with the provisions of the preceding article, he may be sued by the school hoard or by any interested rate-payer before the circuit court of the county or distri(;t, and may he condemned to ]tay tin; amount wiiich he admits or which lias been (leclarent'ts (in icL^uIar niieting asscnililiMli aii•. (iru.idin. C. (l B., <,>uebcL, 1S84.— K. L, vol. IS,, [i. OoS. % II G SCHOOL LAW Such judgment carries with it coercive impnson- ment iftlie hjiuio hjis l)een demjUKhMl in the a(;tion. M. 0., 167, mnil. ^ S{ll. All actions or claims against tlio secretary- treasurer resulting from liis administration are pre- scril)e(l in live years from the (hay on wliich such actions or chiims originated. AI. (J., 170. TITLE THIRD. VALUATION OF PROPERTY — SCHOOL TAXES CITAI'TER FIRST VALUATION OF PROPERTY !S42. The vahiation of property, wliich has been made by order of the municipal authorities, sliall servo as tlie basis of the assessments to be imposed by school corporations. R. S. 2V2't^^inpavt, wod. "' Jfro- prietor or occupant any useful information. Iv. S., 2133, in part. '^ §2, VALUATION OF I'KOI'EIITV 110 luill lit cc»lii- u. s., jccding iiB the itioii of 5 u peril 1- t three )aUty to 1 formed 11 a part r already Lied at a con 1 mis ■ licipaUty another sc to be therein, 11 it ft. If c Super- :ase i>ro- il31,§l, ic vahia- iici]>aUty at any jO inspect the pro- Iv. b.j I Ji»50« All jicrsonrt who interfere with a valuator ill the exercise of liis duties, or who refuse to give liini the information which he demands, are liahle to a tine of four dollars. K. S., 213->, >v fKirt. J5»>l. After the completion of tli(» valuation roll which they were instructed to make, the valuators fihall, after having certilied to the same hctore a justice of the peace, (le[)osit the valuation roll in the oflice of the sccretarv-treasurer of the Hchool hoard for which it was made. R. S , 2131, § 2, in part. ^ •S»>!2. The secretary-treasurer of the school hoard must then, without delay, give notice, in the main)er prescribed by article 277 of this act, that the valua- tion roll has l)cen deposited in his oilice, where it will remain during thirty days for examination by those interested, {^ee Form Xo. 14). R. S., 2131, § 2, am. i(5ii. The school commissioners or trustees shall, during the thirty days that iollow the notice given in virtue of the preceding article, even when there have been no com[)laintB, examine and amend the valuation roll, correct any errors made in entering valuations or the names of persons assessed, in the description of the lands included and in the calcula- tion of the assessments, and strike out or insert the " Ifild : — Tliit tli»; valuation roll uf a nimiicif)ality must l>o >iotin-'< of St. Horli tie. QuehecXortl rs. Ji'ou-i^ciii. ('. C. , (^hiuljec, ISOo, Judge Tasche- reau.— L. C. R., vol. 14, p. ! o. IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.! * i;£ lljiio 2.5 1.8 1-25 II 1.4 III 1.6 ■« 6" ► m Va /: m % '-^ '/ Hiotographic Sciences Corporation 23 WEST MAINS. <(EET WEBSTER, N.Y. 14580 (716) 872-4503 // ^ v^ '*>" '4iA ' < % M ^ 120 SCHOOL LAW names of persons, and the description of the lands which have been inchided or omitted by error. M. C, 734. 354. Any rate-payer may demand that the vahia- tion roll be amended, either by making written application at the office of the secretary-treasurer, on or before the ihy fixed for the examination of the roll by the school l>oard, or by making verbal complaint before t})e school board at the time of the examination. M. C, 735. 855. The school board shall, before proceeding to the examination of the vahiation roll, prescribed in the preceding article, make known to the rate- payers of the municipality, by public notice, the day and the hour of the session at which th3 same is to be commenced. M. jC., 736. 356* The school board, during the examination of the valuation roll, shall take cognizance of tlie written complaints produced at its office and hear all interested parties present, as well as their wit- nesses. M. C, 737. t . 357. After the expiration of the thirty days men- tioned in article 353 of this act, the commissioners or trustees may amend the valuation roll when they deem it expedient, after having, by public notice to that effect, given eight days in advance, indicated the day and the hour when they will hold the meet- ing during which the amendment will be made. The roll is homologated pfeno jure if the com- missioners or trustees neglect or refuse to examine it during the thirty days mentioned in article 353 of this act. R. S., 2131, § 3, mod. 31 possi whic vahn- atio in th a fin VALUATION OP PROPERTY 121 1 35^* Every amendment made to the valuation roll shall be entered on the roll itself or annexed to it on a sheet of paper initialed by the secretary- treasurer. M. C, 7'6S, 3511. A declaration, bearing the signature of the chairman and of the secretary-treasurer, attesting the. correctness of the amendments and determining their number, also the date on which they were made, should there be any, shall be inscribed on the roll or be- annexed thereto, whereupon the roll is pleno ywre homologated. M. C., 738. 300. The valuation roll shall serve as a basis for the collection roll of the school commissioners or trustees, and it remains in force until such time as the municipal or school authorities have made ano- ther according to law. R. S., 2131^ 4. 361. The valuation roll can be amended only by the authority which had ordered its preparation. But the assessment based on such valuation roll shall be amended ordy by the school commissioners or trustees, as the case may be. R. S., 2134, mod.- 3(ld. Every valuator for school purposes shall possess immovable property in the municipality in which he is called upon to act, representing a net value of four hundred dollars according to the valu- ation roll of the municipality, and any one acting in the capacity without this qualification is liable to a fine often dollars. R. S., 2135, am, =^ fhhl : — That a valuation roUmade by three valuators of whom only two were legally appointed ia null, ffof/r (I n/. r-i. Cotporation ofthr, Towmhip of Stoke. C. Q. B., Moiilreal, 1880. M, p. '-^13, L. C. J., vol. isiniiBpBjiBBii ! I !i ( 122 SCHOOL LAW CHAPTER SECOND SCHOOL TAXES. SK«.TlON 1 FMI'OSITION «)K SCIIOOI. TAXKH 363. School aasessments and monthly fees are imposed by till school corporations, whether school commissioners or trustees, between the first day of July and the first day of September in each year. The imposition of these taxes shall not, however, be consi^lercd null if made after the delay fixed. R. S., 2136, §§1, 2, in part. 3ie et rir. C. C, Quebec, 1880, Judge Casault.— Q. L. II., vol. G, p. 34(). Jlcid : — Tiiata usufructuary is reRponsible for the taxes. Thf. Corjtorat ion of the Git tf of Montreal rn, Confant. S. C, Montreal, 187:i, .Tudge Be.m< 37M« Fifteen days following the service of the notice prescribed by article 375 of this act, the secretary-treasurer may levy the sums due and costs by seizure and sale of all the goods and chattels of the persons entered on the roll, which may be found within the limits of the municipality. R. S., 2137, § 4, ara. ^ * Held : — That a corporation's claim is extinguished as recrards the doblor personally, by the sale thropgh an assignee, of the hypo- thdcated property. That a corporation is liable in damages for an illegal seizure of the debtor's effects in those circumstances. 126 SCHOOL LAW !l collect the taxes of such school municipality at the same time as its own. R. S., 2141, in part, am. :i74. The sccrotary-trcasurcr of the municipal council charged, under the preceding article, with the collection of school taxes, shall, so soon as he has collected them, hand over the entire amount to the secretary-treasurer of the school hoard to which they belong. R. S., 2141, in part, am. 0. M.. 952. 51T*5. If the school commissioners or trustees, as the case maybe, have not availed themselves of the provisions of article 373 of this act, the secretary- treasurer of the school board, at the expiration of the delay of twenty days prescribed by article 36G of this act, shall demand payment of all sums en- tered in the collection roll and remainini? uncol- lected from the persons liable for the same, by serving or causing to be served upon them a special notice to that elFect, accompanied by a detailed state- ment of the sums due by them. {See Form No. 10.) R. S., 2i37, §§ 1, 2, in part, am. M. C, 961. ^ * Held : — That a demand of payment of taxes addressed to a wif« separate as to property, and transmitted to lior in an en- volp«»5 addressed to her husband, is sufticient ; that the Circuit Court has jurisdiction in these cases, no matter what the amount. The, Corporation of the ViUnt/e of liienville r.^. G'i/laMjne et vir. C. C, Quebor, 1880, Judge Casault.— Q. L. R., vol. G, p. 34(}. Hdd : — That a usufructuary is responsible for the taxes. The CornorationoftheGityofMontrenl m. Coniatit, S. C, Montreal, 1872, Judge Be.iudry.'— R. C vol. 2, p. 482. Held: — That the Corporation of the City of Montreal, in ex- acting under threat of execution, the tax imposed by a collection roll apparently clothed with all legal formalities, but which was subsequently set aside by the courts, was not in "bad faith" within the meaning of art. 1049 of the Civil Code, and therefore was not hound to pay interest on the money from the time of receiving it, but only from the date of the action en rdpcHilion. Wilnon et al. vs. The City of Montreal. C. Q. B., Montreal, 1880. —L. C. J., vol. 24, p. 222. SEIZURE OF MOVEABLES 127 at tho tm. nicipal 3, with as }ic )unt to which L. 952. teoH, as I of the •rctary- ition of iclc 36G ms en- uncol- me, hy. special (I Htute- Yo. TO.) 1. ^ 870. The flervice preacrihod hy the precedinpf article is effected, as rcHpccts rate-payers residing in the nuinifipality, l>y leaving a <;opy of the special notice with tbo person to whom it isadilressed, in person, or witn a reasonahle person at his domicile or place of husiness ; as respects non-reside!it rate- payers, hy depositing a copy thereof in a sealed and registered envelope, addressed to tlie person for whom it is intended at the place of his residence or business, or at the nearest post-ottice. But no non- resident rate-i>ayer can plead that he has not receiv- ed such notice, if he has not a known agent in the municipality, or if he has not left his address in writing at the ottice of the secretary-treasurer ot the school hoard. R. S., 2137, § 3, 'm purt. 5J77. Tlie fees to which the secretary-treasurer has a right for such special notice and for the costs of service shall he fixed hy resolution of the school board. 11. S., 2137, § 3, in part. SKCTION III sed to a in an en- e Circuit amount. t dr. C. (). xeH. The Montreal, al, in cx- collpction vhich was 1(1 faith" therefore lo time of r6fn''tilion. real, 1880. SEI/rRE OK MOVEABLES 37M* Fifteen days following the service of the oTc ^c xi :_ I Article 378 is amended by adding thereto the ^ words: ''saving those which are exempt from ^ seizure." ^ **, am. * * Held: — That a corporation's claim is extinguished as regards the debtor personally, by the sale through an assignee, of the hypo- thecated property. That a corporation is liable in damages for an illegal seizure of the debtor's effects in those circunistanees. I i 128 SCHOOL LAW STO- The seizure and sale, which are liad in con- formity with the provisions of tlie preceding article, are made under a warrant signed hy tlie chairman of the school board. {See Form Ko. 17.) R. S., 2137, § 5, in 2>cirtj mod. "^ SHO* The warrant issued for the seizure and Bale is addressed to abailift", who shall execute it That in an aclion fur ilaniagus against a corporalion for an illegal seizure, llio corporal ion is not entitluil to a month's noiicu of action under art. 22 Cotl«5 of (.'ivil Proo. /i/nlii rs. ilu Cor/torufiou of (,'miih,/. (J. H., Monlroal, 1873. ~K. L., Vol. 5, p. KSOand L. C. J. vol. 18, p. 182. * Hdtf .—That a writ of prohibition docs not legally lie af^ainst a cor()oration, to stay procuedingH on a warrant of distross signed L.. Th vol. Cor 5, p. hy tlu; mayor to (;onip(d payment of taxes, /ifitln jioritdon of (trnnhy. C. R. , Montrcil, 1873. — R. 180. //fVf / ; — That a corporation, whiuh lias the rii;ht to isHUo war- rants for the payment of taxes due to it, is an inferior tribunal to which writs of prohibition will Ho when it has exceeded its juris- diction. JinwH Ann-*()'oii;/f petitioner for prohibition. S. C, Richelieu, 18(59, Judge Lorangor. — R. L.. vol. 1, p. 48. Hefd : — That a writ of prohibition does not lie where no excess of jurisdiction appears on the face of the proceefling-*. Tin M'fi/or ef af. o/Sord tfs. Armxfroii'f. C. Q. B, , Montreal, 187'*). —L. C J., vol. 20, p. 171. HcM : — Tliat municipal (iorporations are strictly bound to fol- low the formalities prescribed by law, to have the right of exact- ing from the rate-payers the payment of their taxes, and, parti- cularly, when they want to seize the defendant's moveables ; That the public and private notices, which municipal corpora- tions must give, arc formalities, Mhich take the place of the ordin- ary legal procedure which it is neccsEary to follow to have the right of seizing the moveables of a debtor. That in an action for damages by a ratepayer, against a cor- poration for illegal seizure of his goods, the corporation must prove that tT^ seizure was legal, and that nil the formalities re- quired by law were strictly observed, notwithstanding the fact that such rate-payer in his declaration had simpl3' alleged that the seizure M'as illegal and malicious, without making any specific accusation of non-observance of formalities. Malthetvti »•«, The City of Montreal. C. Q. B., Montreal, 1870.— R. L., vol. I, p. 610. SRIZURB OF MOVEABLES 129 ^ under his oath of oflico and according to the same rules as a writ ot'exejntion de bonis issued hy the circuit court. The chairman of* the flcliool hoard, in issuing such warrant, docs not incur any ])ersonal responsibility ; he acts under the responsibility oi the school cor- poration in whose interest the distress is made. R. S., 2137, §§ 5, C, in jxirf, mod. 5IHI. The day and place of sale of the goods and chattels so seized must bo announced •/ tlm seizing hailifl'hy TM blic notice in the ordinary mm ;ier. Such notice must also stale the name .iiui quality of ti.u person whose goods and chattels are to ho sold. {See Foi-ni No. 18.) K. S.,2137, § 7. 3W2. If, at the time of the seizure or sale, the dehtor is absent, or if there is no person to open the doors of the house, cupboards, chests or olhrQ closed places, or in tlie event of refusal to open the same, the bailiff may, by an order of the chair- man of the school commissioners or trustees, or of any justice of the peace, cause the same to he opened by the usual means in presence of two wit- nesses, wMth all necessary force. U. S., 2137, § 8 ; M. C, 9G5. > SIXTION IV OI'POSITIOKS TO THE SETZITRE AND SALE OF MOVEABLES AND OPPO- SITIONS FOR PAYMENT. 5liH3. The party seized upon and any person having a right of property or of pledge in the efiects seized may oppose the seizure and sale, the former for any of the reasons enumerated in article 045 of 130 SCHOOL LAW the Code of Civil I'rocediire, and the hitter for any of the reasons enumerated in artiele 646 of the suid Code. ^ l^Htm The opposition must be accompanied by an affidavit attestini^ tliat the alkiosit, and make a return of all his proceedings respecting the seizure and sale to the court mentioned in the opposition. The opposition is afterwards contested, heard and decided according to the rules of procedure govern- ing oppositions for payment before the court before winch it is brought. The proceeds of the sale are distributed by the court, and they are p}»id by tin' secretary-treasurer according to its order. K. 8., J 138, ^§ (J and 7. SiOO. If there be any suriihis, it is [taid by the secretary-treasurer tu the rate-payer whose goods and chattels were sold. 132 SGHOOL LAW SECTION V SAI.K OF IMMOVABLES FOR TAXES HOI. The secretary-treasurer must prepare, in the course of the month of November in every year : ^ 1. A statement of the scliool assessments anil monthly fees remaining due l)y rate-payers residing in the municipality and hy those who are absent. 2. A statement of the school assessments and month- ly fees due by rate-payers residing in the municipality and by those who are absent, with respect to whom either a warrant of distress or a writ of execution has been returned unsatisfied, and of any costs in- curred and unpaid ; showing the names and quali- ties of such rate-payers, and a description of the lands liable for the payment of such taxes, according to the valuation and collection rolls. R. S., 2139, am., 2140 in part. Ii%y2» Such statement shall be submitted to the school commissioners or trustees, as the case may be, and must be approved by them. R. S., 2139, am., 2140, iwpaTt. * JfeUl:--Thait a personal action for arrears of school taxes cin be taken only against the person who was the proprietor or occu- pant of an immovable at the time when such taxes were imposed, an 393* The secretary-treasurer shall, before the twentieth day of December, transmit the statements mentioned in the preceding article to tjie secretary- treasurer of the county council ; and the latter shall proceed to the sale and adjudication of the lands mentioned therein in the same manner as in the case of a statement of muaicipal tax arrears trans- mitted by the secretary-treasurer of a local munici- pality. ^ 394. The provisions of the Municipal Code res- pecting the redemption of immovables sold for * Held: — That the corporation that has hinfor taxes. At kin r-s. The City of Montreal and the Corporation of the Count}/ of Hodiehnja Ji. L. vol. 14, p. 606. JMd : -That a county corporation whicli has sold an immove- able is not responsible for the irregularities committed by the local corporation which has caused the sale, when ail the proceedings of the county corporation are regular. Brunet on. The Count;/ Cor- poration of HocheJatja. R. L. vol. 1, p. 166. JIdd : — That the local corporation which causes the sale of land for taxes, &c., and the county corporation which sells it upon demand of the former, are jointly and severally liable for the ille- galities and errors of their resi)ective .Hocretary-troasurors. That the defendents have not a right to the notice of art. 22 of the code of Civil Procedure. 11 'm'mm 134 SCHOOL LAW arroiirn ofmunicipiil taxes apply to the rcdoiiiption of imraovables sold in virtue of this article, li. B., 2140, in 'part, am. ^ That the sale may bo annulled even after a lapae of two years. Jkiiihjaud Boot). C. R., Quebec, 1874, L. C. J. vol. 10, p. 10. * ill Id .-That a corporation may be summoned in a cause to defend a rate-payer when it has caused an immovable to bo sold for taxes which were alrcivdy paid, wlien the rate-payer who has sold the immovay>le to a third party is summoned in warranty by his pur- chaser who is disturbed in his possession by the purchaser from the municipal corporation, even after the lapse of two years from the municipal auction sale. Wnrtilt /x thtcorjior;lic Instruction, commute for the payment an- nually of a certain determinate sum of money for a number of years not to exceed ten, the school assessments on immoveable property belonging to any person, firm or company lawfully constituted for carrying on any manufacturing or industrial undertaking within the limits of their municipality. R. S., 2048, in imrt. 40i. School trustees may, in the same manner as school commissioners, commute their share of such school assessments. But in such case, the school commissioners shall collect from such person, firm or company mentioned in the preceding article, the sum for which the said dissentient school trus- tees have commuted and account to the latter. R. S., 2048, in part. 403. If the school trustees do not deem it ad- visable to commute their share of school assesroonts. COLLECTION OP TAXES 137 nner of the son, icle, tras- R. the school commissioners shall continue to levy and collect from any such person, firm or company above- mentioned, and shall pay annually to the school trustees, the amount of the assessments which the said trustees would have been entitled to receive, in accordance with article 397 of this act, if the commissioners had not commuted their share of the said school assessments. R. S., 2048, in imrt, 403. Unless there is an agreement to that effect, the commutation of assessments shall not apply to the special assessments which may be imposed in virtue of any of the provisions of this act. New. 404. No religious, charitable or educational in- stitution or corporation shall be assessed, under any provision of this act, on the property occupied by them for the objects for which they were instituted. R. S. 2144, in fart ^ * Held : — That a religious educational institution, having neither branch ner school in a municipality, in which it possesses real property, the products of which are consumed at the Mother House, situated in another municipality, holds such property for the purpose of deriving a revenue therefrom, and not for the pur- poses of education, and that therefore such property is subject to municipal and school taxes. The Corpormtion of the Village of St. Oahriel ( Verdun) vh. The SitN VIII . SPKCIAL ASSESSMENTS Fort CKUTAIX ITIU'OgES 40S. Whenever a general or special assessment imposed by the school commissioners or trustees in any school municipality, is annulled, such school commissioners or trustees shall forthwith, in a sum- mary manner, cause an assessment roll to be made, which new assessment shall have eftect in such municipality for the whole time, past and fiiture, for w^hich the assessment so annulled or set aside would hnve been in force if it had been valid. R. S., 2142, §1. 400. Every assessment annulled shall be declared invalid for the future only, and shall not aftect any judgments then already rendered to enforce such payments. R. S., 2142, § 2, in port. 410. In every school municipality, the school commissioners or trustees may levy special assess- ments with the approval of the Lieutenant-Gov- ernor in Council, given on the recommendation of the Superintendent of Public Instruction, for the payment of debts contracted in good faith, for the construction of model or elementary schools, for an amount greater than that authorized by article 256 of this act ; and the collection of such special assess- ment cannot be opposed by any judgment annul- ling a previous assessment, either because it exceed- ed the amount permitted by law or because of the omission of certain formalities. 140 SCHOOL LAW Such Rpccial assessment may also include the costs incurred by tlie school corporations for suits to re- cover asBessments previously levied. R. S., 2146tt, in part. 411. In case a special assessment is annulled as mentioned in the preceding articles, tlie rate-payers who have f)aid their share of such assessment shall not have the right to be reimbursed ; but in any subsequent assessment imposed for the same pur- pose, they shall have credit for the sums paid on the assessment bo annulled. R. S., 2146ci, in part, 2142, § 2. . * SECTION IX CIRTAIN EXECUTORY PROCEEDINGS AGAINST INDEBTED SCHOOL CORPORATIONS 412- The Superintendent of Public Instruction may authorize or order special assessments to be levied in any school municipality or district for the payment of the debts incurred by the school commissioners or trustees within the limits of their powers, or which have been adjudged by a court of justice to be due by such school municipality or district. R. S., 2146, in part, am. • 418. Debts which have been contracted by a mu- nicipality, subsequently divided into several munici- palities or the limits of which have been subse- quently altered, are apportioned by the Superin- tendent of Public Instruction among the several municipalities liable for the same. R. S., 2146, in part^ am. EXECUTORY PROCEEDINGS 141 414* Whenever a copy of judgment condemning a school corporation to pay a sum of money has been served at the office of the secretary-treasurer ofsucli corporation, he must forthwith convene a meeting of the school board which must then order the payment of the amount due. If the school board has no funds at its disposal, or if those at its disposal are insufficient, it must apply to the Superintendent of Public Instruction for authorization to levy a special assessment to pay the amount of the judgment. R. 8., 2147. 41 5« If, for the reasons specified in the previous article, the Superintendent of Public Instruction authorizes the levying of such special assessment, steps shall be taken without delay by the school board to prepare a special collection roll, in the manner and with the formalities required for com- pleting an ordinary collection roll. R. S., 2148. 416. The creditor who has a judgment against a school corporation may obtaina writ of execution against such school corporation on production of a copy of the judgment and of one or more affidavits establishing to the satisfaction of the court or judge : 1. That the Superintendent of Public Instruction has not given, within the fifteen days that have followed the demand therefor, the authorization to impose the special assessment ; 2. That the special assessment which had been authorized has not been collected ; 3. That the school commissioners or trustees have not proceeded to complete such roll within the fifteen days following the date when the Superin- tendent of Public Instruction authorized or ordered them to impose the special s^sessmeut ; 142 SCHOOL LAW 4. That the Bchool commisaionerfl or trustees re- fuse or neglect to proceed witli tlie silecial assesb- ment, tlie completion of the roll, or the collection of the asgoBsment, in whole or in part. R. S., 2149, mod. 417. The court which has rendered the judg- ment, or a judge of such court, may, on petition, grant to the Superintendent of Public Instruction, or to the commissioners or trustees, the delay deem- ed necessary by the court or judge for completing the collection roll, or for levying the sums of money specified the rein, or for any other purpose con- nected with such roll. R. S., 2150. 41S. The writ of execution, issued under article 41 6 of this act, is addressed and delivered to the sheriff of the district in which the school municipal- ity in question is situated, and enjoins him : 1. To levy from the school corporation, without delay, the amount of the debt with interest and the costs of the judgment and of the execution ; 2. In default of immediate payment by the school corporation, to seize and sell the moveable property of the school corporation, if any, and the real estate belonging to it upon which the judgment creditor may have a privilege or hypothec, and of which the seizure and sale are ordered by such judgment. 11. S., 2151. 419. In the event of there being no moveable or immoveable property belonging to the school cor- poration: to be seized and sold, or, in the event of any such property being insufficient to satisfy the judgment, on the production of the return of the sheriff to the court to that effect, or after the homo- 2. EXBCUTORT PROCBBDINOB 143 pustees re- ial aBseBb- llcctioii of . S., 2149, the judg- i petition, istruction, lay deera- )mpletiiig of money pose Con- or article id to tlie lunicipal- I witlioiit t and the he school property Bal estate ; creditor idiich the lent. 11. veable or liool cor- event of tisfy the n of the le homo- logation of the judgment of distribution establish- ing its insufficiency, an alias writ of execution may be issued against the school corporation in default, addressed to the sheriff and enjoining him : 1. To levy from the school corporation the whole or th« sum remaining due, as the case may be, of the debt, with interest and costs, including those of the judgment and the subsequent costs iiicurred, by apportioning tbo sum required on all the taxable immoveable prt, jrty in the school municipality liable for the judgment ; 2. To collect the assessment thus imposed and to report to the court as soon as the amount of the debt, interest and costs has been collected, or from time to time, as the court may order. R. 8., 2152. 430. The sheriff shall, on payment of the usual fees, to the secretary-treasurer or secretary-treasurers of the municipal corporation or corporations in which the school municipality is situated, procure from him or them a copy of the valuation roll in force ; and, on the refusal or neglect of such secretary- treasurer or secretary-treasurers to furnish such copy, the sheriiF is authorized to take possession of the valuation roll or rolls and to make a copy. If the sheriff cannot obtain the valuation roll, or if none exist, the sheriff proceeds to make a valu- ation of the taxable property of the school munici- pality himself. R. S., 2153. 481. The fees and costs of the sheriff in connec- tion with the writ of execution shall betaxed by an order of the court or of a judge thereof ; and such fees and costs, with all lawful disbursements, are added to the amount to be levied. R. S., 2154. 141 SCHOOL LAW 4!t2. The sheriff shall proceed to apportion the sura to he levied on all the taxable immoveable pro- perty in the school municipality in proportion to its value, according to the valuation roll in force, or ac- cording to the valuation made by himself, as the case may be ; and he shall make a special collection roll in accordance with such apportionment. R. S., 2155. 423* The sheriff, after having given a similar notice to that prescribed by article 366 of this act, shall collect the assessment, proceeding in the same way as the secretary-treasurer of a school corpora- tion. Such special assessment is payable at the office of the sheriff. R. S., 2156, 2157, 2168. 424. The proceeds of the sale, a' sing from any seizure in virtue of a warrant issued by the sheriff, shall be paid to the sheriff himself, and not to the secretary-treasurer of the school board. R. S., 2169, in imvt. 425- Any rate-payer or other person having a right of property in or a privilege over the mov- eables and effects seized, may make an opposition to such seizure or sale or to the payment of the pro- ceeds thereof, for the causes, in the manner and to the ends mentioned in articles 383 and following of this act. R. S., 2160. 426. The sheriff shall collect the unpaid assess- ments of the resident and non-resident rate-payers, which he had been unable to collect from the sale of their chattels and effects, by the sale and ad- judication made by him of their immoveable pro- perty for the amounts for which such property is EXECUTORY PROCEEDINGS 145 id to apportion the )le immoveable pro- in proportion to its I roll in force, or ac- by himself, as the a special collection )rtionment. R. S., g given a similar cle 366 of this act, ceeding in the same •f a school corpora- ble at the office of 168. J, a- sing from any ued by the sheriff, jlf, and not to the )oard. R. S., 2169, Jr person having ge over the mov- ike an opposition ayment of the pro- he manner and to and following of ;he unpaid assess- ident rate-payers, lect from the sale the sale and ad- immoveable pro- sucli property is liable, on the first Monday of March in any year, in the manner and according to the rules laid down for the sale of immoveable property for arrears of municipal assessments, after having given or caused to be made or given the publications and notices required to be made or given by the secretary- treasurer of a county council. R. S., 2161. 427. If any land advertized to be sold by the sheriff is advertized to be sold on the same day by the secretary-treasurer of the county, the latter cannot sell the land, but must forthwith transmit to the sheriff a statement of his claim and costs, which the sheriff shall levy with the special assess- ment, and shall hand over to the secretary-treas- urer. The provisions of the Municipal Code respecting the redemption of immoveables sold for arrears of municipal taxes apply to the redemption of immov- eables sold in virtue of this article. R. S., 2162, am. 428. The title for lands sold by the sheriff which have been redeemed shall be granted by him, and, if the redemption has not taken place, he shall give the deed of sale. R. S., 2163, am. 429. After having levied the whole amount set forth in the alias writ of execution, with costs and interest, the sheriff must transmit to the com- missioners or trustees, a copy of his special collection roll shewing thereon what amounts have been col- lected frotn each rate-payer. If any surplus remain in the hands of the sheriff, he shall pay it over to the school corporation to which it belongs. R. S., 2164. 146 SCHOOL LAW 430. All arrears shall belong [to the school cor- poration, and may be recovered in the same manner as ordinary contributions. R. S., 2165. 431* The sheriff may obtain from the court any order calculated to facilitate and ensure the execu- tion of the writ addressed to him. R. S., 2166. 432. The sheriff shall be entitled, with respect to the special notices to rate-payers, to such fees and disbursements as may be fixed by an order of the court or of a judge thereof, and with respect to the sale and adjudication of lands, to the same fees and disbursements as the secretary-treasurer of the county. R. S., 2167, 488. When judgment is rendered against a school corporation for a debt due for the building of a school-house for which a portion only of the school municipality is liable, the judgment, the writ of ex- ecution and the alias writ of execution shall mention such fact. The assessment, in such case, shall be imposed only upon the immoveable property situated in that part of the school municipality which is liable under the judgment. R. S., 2168. 484. When the school corporation, against Avhich any judgment has been rendered, ordering the payment of any sum of money, holds any im- moveable property, other than school-houses, which is not affected by privilege or hypothec in favor of the judgment creditor, such property may, with the authorization of the Superintendent of Public In- struction, be seized and sold in the manner presr pribed by the Code of Civil Procedure. ThI ill tli( may R. B.J EXECUTORY PROCEEDINGS 147 e flchool cor- jame maimer ). - ■-. ■ i ^^, be court any e the execu- S., 2166. ivith respect o such fees an order of h respect to le same fees isurer of the against a building of 'f the school writ of ex- all mention )e imposed ted in that iable under u, against ordering ds any im- ses, which in favor of with the Public In- nner pres? The moveable property of the school corporation in the possession of a third party and debts due to it may also be attached' and sold in the same manner. R. S., 2169. TITLE FOURTH PUBLIC SCHOOL FUND — SUPERIOR EDUCATION FUND — POOR MUNICICIPALITIES' FUND CHAPTER FIRST PUBLIC SCHOOL FUND SECTION I APPLICATION OF PUBLIC SCHOOL FUND 435. The grant voted annually by the Legis- lature for public schools is payable upon the applica- .tion of the Superintendent of Public Instruction, who shall deposit it in a bank indicated to him by the Lieutenant-Governor in Council. R. S., 2173, in parf^ am. 430. The sums^destincd for public schools are distributed by the Superintendent of Public Instruc- tion among the school municipalities in proportion to their population, according to the preceding census. R. S., 1802, §1, 2l73,'i/i2?rt7/. , 4*17- The Superintendent of Public Instruction shall pay semi-aimually to the school commissioners ' k ' n r. 148 SCHOOL LAW and trustees the share helonging to the school cor- porations they represent hy cheques payable to the order of their respective secretary-treasurers. In this division the share of the school trustees is in the proportion provided by article 295 of this act. R S., 2173, 2174, in 2mrt 43S. To have a right to a share of the Public School Fund a municipality must furnish proof: 1. That it has been under the management of school commissioners or trustees in the manner directed by this act ; 2. That its schools have been in actual operation during the school year ; 3. That each of its schools had been attended at least by fifteen children, excepting the case provided for by article 439 of this act and when epidemic or contagious diseases have raged in the municipality ; 4. That a public examination of each school has taken place at the end of the school year ; 6. That a report signed by the majority of the commissioners or trustees, and by the secretary- treasurer, has been transmitted to the Superinten- dent of Public Instruction, before the fifteenth day of July in each year ; • 6. That the monthly fees have been collected ; 7. That teachers with diplomas have been employ- ed therein, having the case provided for by article 93ofthisact; - • ' 8. That the teachers have been regularly paid ; A 9. That only authorized books have been used ; 10. That the regulations of the Council of Public Instruction or of either committee thereof, as the '^i^^M^.. APPLICATION OF PUBLIC SCHOOL FUND 149 school cor- i^ablo to the mrers. In istees is in of this act. the Public 1 proof: igement of he manner I operation ittended at 5e provided pidemic or inicipality ; school has Aty of the secretary- Juperinten- eenth day llected ; ?n employ- by article ly paid ; een used ; of Public of, as the case may be, and the instructions of the Superinten- dent of Public Instruction have been observed. R. S., 2175. 4;itt. If, however, the school commissioners or trustees, as the case may be, of a school municipality, have endeavored in good faith to have the law car- ried out, a share of the school fund maybe allowed them. R. S., 2176. 440. The Superintendent of Public Instruction may refuse the school grant to any municipality in which the school commissioners or trustees have not rendered sufficient acconnts, accompanied by vouchers, or have refuse d or neglected to observe any of the provisions of this act. R. S., 2183, 2184, in part. ' SFXTIOX II DISPOSAL OF LOCAL SCHOOL FUNDS 441. In every municipality, all sums of money, which have not been specially appropriated by pro- vision of the donors, vendors, or others, form a com- mon fund for all the schools, and shall be employed for the payment of teachers, the maintenance of school-houses, the purchase of books and school fur- niture, and other school purposes, without regard to the amount which each district sliall have con- tributed to the common fund. R. S., 2180, in parf^ am. . ' •' . ^^ . 442* The school commissioners and trustees may direct the payment, out of the fund of their school corporation, of such expenses as are not specially provided for by this act. R. S., 2174, in part. V2 ■■ 150 SCHOOL LAW SECTION III • DISPOSAL OF LOCAL SCHOOL FUNDS IN CEUTAIN CASKS 443* Whenever the school funds of a municipa- lity have not been completely disbursed, the surplus shall, at the end of each school year, be deposited in the name of the school corporation, at interest, in a legally constituted bank. R. S., 2186, in i)art. -»:»•■: CHAPTER SECOND SUPERIOR EDUCATION FUND— POOR MUNICIPALITIES' FUND 444. The Sijperintendent of Public Instruction shall, upon the recommendation of the Roman Ca- tholic or Protestant Committee of the Council of Public Instruction, as the case may be, annually apportion to and amongst the universities, colleges, seminaries, academies, high schools, superior schools, model schools and educational institutions other than the ordinary elementary schools, the whole or so much of the grants voted for education as pres- cribed by the Lieutenant-Governor in Council, and in the proportion approved by him. Such grants shall be paid by the Provincial Trea- i,^ ' , on the warrant of the Lieutenant-Governor, t ■- iiuperintendent of Public Instruction, who '^ .J M '• chesame to the institutions entitled thereto. 445. The aid granted for the purposes of supe- rior education shall be divided each year between the IJr'^^v Cfltholic and Protestant institutions in SUPERIOR EDUCATION— POOR MUNICIPALITIES 151 the relative proportion of the rc8[>ective Roman Catholic and Protestant population of the I'rovince according to the then last census. The aid granted under this distribution is for one year only. The Lieutenant-Governor in Council may attach to the grants such conditions as he may deem to he for the advancement of superior education. R. S., 2204, am. 44<>. The Superintendent of Puhlic Instruction shall refuse a grant to any school or institution which has not produced in support of its demand a report during the month of July, showing : 1. The composition of the governing hody ; *2. The number and names of the directors, prin- ciimls, professors, teachers or lecturers ; 3. The number, the names, the nationality and the religious belief of its pupils, indicating those who are under, and those who are over, sixteen years of age ; 4. The course of instruction and the books used ; 5. The annual cost of maintaining the institution, and the sources from which its revenues are derived ; 6. The value of its immoveable property ; 7. A statement of its liabilities ; 8. The number of pupils taught and boarded gra- tuitously, or taught gratuitously only ; 9. The number of books, globes and maps, and the value of any museum and physical and chemical ajiparatus belonging to it. R. S., 2208, (un. 4 IT". The Superintendent of Public Instruction may in addition require all the information that he 152 SCHOOL LAW I i i i i ! : I I may think necessary, and, in an eh case, the report mentioned in tlie preceding article must contain the same. New. 44S. To he entitled to a grant, every superior school or educational institution must have heen actually in operation at least one year, and have fulfilled all the conditions required hy law. R. S., 2207, am. 440. The sum annually voted hy the Legislature in aid of poor municipalities shall be distributed by the Superintendent of Public Instruction, in propor- tion to the Koman Catholic and Protestant popula- tion of the Province, and in accordance with the division made upon the recommendation of the Committee of the Council of Public Instruction of the religious belief to which such municipalities belong, which has been approved by the Lieutenant- Governor in Council. R. S., 2179, am. 450- The sums paid over to the Provincial Treasurer, arising from licenses for the celebration of marriages by Protestant ministers, shall be by him annually paid over to the Superintendent of Public Instruction to be apportioned, under the authority of the Lieutenant-Governor in Council, upon the recommendation of the Protestant Committee of the Council of Public Instru.ction, among the Prot- estant institutions of superior education or Protestant poor municipalities or both, in addition to and in the same manner as the other grants to these institu- tions and municipalities. R. S., 2205, am. NORMAL SCHOOLS 153 TITLE FIFTH NORMAL SCHOOLS — l'"A lUUQUK SCHOOLS — COUNTY ACADEMIES CHAPTER FIRST NORMAL SCHOOLS SEOTIOX I KSTAIILIHHMKNT OF NOKMAI. SCHOOLS 4*>]. The Lieutenant-Governor in Council may adopt all needful measures for the establishment and maintenance of normal schools, for the training- of teachers for public schools in the science of educa- tion and art of teaching in the Province. Model schools may be conducted in contiection with these normal schools. R. S., 2209, mod. 4ri2. The sum necessary for the estal)lishment and maintenance of normal schools is voted by the Legislature. Neiv. skctiOn ir MAXAUEMENT OF NOUMAL SCHOOLS 4»'!^3. Normal schools shall be under the control of the Superintendent of Public Instruction and shall be subject to the regulations concerning them. R. S., 2215, i?t ^^^n*/. 4»I4. The principals of the normal schools shall, yearly and whenever re(|uired so to do by the Super- 154 SCHOOL LAW intcndent of riil)lic IiiHtrnction, make a report to liim concerning their a^lministration, furnisliii.g a detailed statement of their receipts and ex[)enses. 11. S., 2215, in part. 4^ii» Tlie professors, directors and i)rincipals of normal schools are appointed or removed l)y tlie Lieuteiuuit-Governor in Conncil, on the recommend- ation of the Koman Catholic or Protestant (commit- tee of the Council of Public Instruction, according as such appointments or removals concern Roman Catholic or Protestant normal schools. R. S., 221 C. 450. Pupils shall he admitted to a normal school upon tlie order of the Provincial Secretary in accord- ance with a report of the ])rincipal showing that they have fulfilled the conditions rerpiired hy the regulations for that purpose made hy the Committee of the Council of Public Tnstrnction of the religious belief to which such normal school belongs. Ncio. 4»5T. The principal of a normal school sliall, before admitting any pupil into such school, make him sign, in presence of two witnesses, a document, hy which he shall bind himself to pay his board therein, or if he be a l)nrsar, to refund the amount of his bursary if he does not fulfil the conditions required by the school law and regulations, and to pay, if necessary, the fines which may be imposed by the Lieutenant-Governor in Council. 2. Every father, tutor or friend of a pupil, may become responsible for the payment of all sums exigible under the above-mentioned document and the conditions so fixed by tlie Lieutenant-Governor in Council. iy MANAGEMENT OF NORMAL SCHOOLS inn b',) i 3. The Attorney-General, upon the rcconiTnend- ation of the principal of a normal school, may sue in any com[)etcnt court of juatice, for the recovery of all sums due under such obligation. Tlic action shall be brought in the name of the principal of the normfil scliool who shall be designated in such suit by the words " the principal of the normal school of " (name of the school.) ' 4. The principal shall account to the Superin- tendent of Public Instruction for all sums collected in virtue of this article, which applies also to the recovery of any sum due to normal schools under regulations in force. R. S., 2217, 7nod. 4I^H* The Superintendent of Public Instruction shall grant a diploma of qualification to any pupil of a normal school who has obtained from the prin- cipal thereof a certificate showing that such student has successfully followed a regular course of study therein. R. S., 2218, mod. 45tl. By virtue of such diploma and while it re- mains valid, such person sliall be eligible to be em- jjloyed as teacher, according to the grade of the diploma obtained by him, in any academy, model school or elementary school under the control of school commissioners or trustees. R. S. 2219. CHAPTER SECOND FA B lilQ UE SCHOOLS 460* The Fabrique of any parish, and the school commissioners or trustees of the school municipality '"^'^^S^ST'I Tf ''1 '■ 154 SCHOOL LAW iiitcndcnt of Piil)lic Instruction, niuko a report to liim concerning their administration, furniHliing a detailed statement of tlieir receipts and expenses. K. »., 2215, in part. 4fS*l. The professors, directors and ]>rincipals of normal schools are appointed or removed hy the Lieutenant-Governor in Conncil, on tlie recommend- ation of tlje Koman (Catholic or Protestant Commit- tee of the Council of I'uhlic Instruction, according as such appointments or removals concern Koman Catholic or I'rotestant normal schools. R. S., 22 10. 4«5<(. ]^lpils shall l)e admitted to a normal school U[)On the onler of the Proviticial Secretary in accord- ance with a report of the i)rincipal showing that they have fidfilled the conditions rerpiired hy the regulations for that purpose made hy the Committee of the Council of Public Instruction of the religious belief to which such normal school belongs. Neiv. 457. The principal of a normal school shall, before admitting any pupil into such i^chool, make him sign, in presence of two witnesses, ii documejit, by which he shall bind himself to ])'.\y liis boanl therein, or if he be a bursar, to refund the amount of his bursary if he does not fulfil the conditions required by the school law and regulations, and to pay, if necessary, the lines which may be im|)0sed by the Lieutenant-Governor in Council. 2. Every father, tutor or friend of a pupil, may become responsil)le for the payment of all sums exigible under the above-mentioned document and the conditions so fixed by the Lieutenant-Governor in Council. MANAGEMENT OP NORMAL SCHOOLS i5r. I I 3. Tlio Attoriicy-Gcnt'ial, upon tlic rcoommond- ation oftlie principal ol a normal school, may .sue in any competent court of Justice, tor the recovery of all sums due under such ohligation. The action shall he hrought in the name of the principal of the normal school who shall be designated in such suit by the words "the principal of the normal school of " (name of the school.) Article 458 is replaced hy tlie following: " 458. The normal sclux^l grants diplomas for ele- mentary schools, model schools and academies, and the Superintendent of Public Instruction shall grant a diploma of qualification to any pupil of m normal school who has obtained from the principal thereof a certificate showing that such pupil has successfully followed a regular course of studies therein in ac- cordance with the regulations of the Roman Catholic or Protestant committee, as the case mav be." "f mains valid, such person shall be eligible to be em- }>loyed as teacher, according to the grade of the diploma obtained by him, in any academy, model school or elementary school under the control of school commissioners or trustees. R. S. 2219. CHAPTER SECOND Governor FABIilQUE SCHOOLS 460« The Fahrique of any parish, and the school commissioners or trustees of the school municipality ■HHinnMi t ■.A 156 SCHOOL LAW of which it forms part, may, by mutual agreement ill due form, unite, for one or more years, the Fab- rique schools in operation with any of the public schools held under this act. R. S., 2'J,2'2, § 1.- 461. Any Fabrique contributing not less than fifty dollars annually towards the support of any school under the management of school commission- ers or trustees shall thereby acquire a right to the curS and church-warden in office to be commissioners or trustees for the management of that school only, if they were not so before. R.S., 2222, § 2. ^ 4 lawj municipality in any county, coun- ties or parts of counties, may combine for the pur- pose of establising one or more academies therein, by proceeding in the following manner : * Held : — That wlien a Fahriqur contributes aiinunlly .^iiO towards Iho support of a school which is under the control of school commissioners (or trustees), the cure and churchwarden in ottjco become ip.w-/'rt<7o school commissioners. Chnnst r/i. VcilhMX, p. 9. B., (^uebec/1881.— (^. L. R., vol. 8, jj. 230. ■^mwMwm^w 1 1 H.H 1 IU I U ' s ' wjmij i i mm 1 COUNTY ACADEMIES 157 rcement he Fab- 3 public 1. JS8 than of any mission- it to the issioners )ol only, # to those another d formal trustees as the ]y, CO un- file pur- therein, ually ijsno control of wnrden in Will tux, 1. Tlie chairmen of the said school cor[>orations may be appointed academy delegates to represent tlic said corporations by virtue of a resolution adopted for that purpose by each. The last of the delegates who have been appointed shall convene the first meeting of the delegates by giving a written notice of eight days of the time and place of such first meeting. 2. At the first meeting, the' delegates shall elect a chairman and a secretary. If the majority of the delegates pass a resolution by which they declare that it is necessary to estab- lish one or more academies in a county, counties, or parts of counties, a petition to that cflTect, founded on such resolution, may be forwarded to the Roman Catholic or Protestant Committee, as the case may be, stating the facts of the case. Such petition sliall be signed by the chairman and secretary of the meeting. 8. At the next ensuing meeting of the Roman Catholic or Protestant Committee of the Council of Public Instruction, as the case may be, or at a meeting specially called for that purpose, the said petition shall be taken into consideration, and, if approved by the majority of the members of the committee, the said petition shall be delivered to the Superintendent of Public Instruction for trans- mission to the Lieutenant-Governor in Council. If the Lieutenant-Governor in Council approve such petition, he may, by proclamation in the Quebec Official GazettCy establish such academy or acade- mies, and designate them as the " Academy " or " Academies of the county of " or " counties of , " if academies of county or counties, or " County of Academy No. I," (2 or 3; aii the case may be, if an academy of parte of counties. 158 f?cnOOL LAW 4. Within the thirty days whicli follow the pro- clamation establishing an academy, the board of delegates shall again meet, and shall elect three of their members to act as the first trustees of such academy. Such trustees shall remain in office until the first juridical day of the month of August then ensuing, when tliere shall be a regular annual meeting of the board of delegates. R. S., 2232, §§ 1, 2, 3, 4^^ in part. 404. At the first meeting and at the meeting which takes place yearly on the first juridical day of August, the board of delegates shall, under the provisions of the preceding article, appoint three of their number to act as trustees of the said academy for the ensuing year. They shall also appoint an auditor or auditors to examine the accounts of the academy. R. S., 2232, § 4, in pi/rt. 405. The academy trustees shall present annually to the said board of delegates at such annual meet- ing a report of the educational work of such jjaca- demy for the past year, with a balance sheet and fitatement of income and expenditure, duly audited. li. H., 22^2, ^ i, in 2)art. 400. The secretary of the board of delegates may be the secretary-treasurer of a board of academy trustees. R. S., 2232, § 4, in part. 4f5T. The academy trustees, the secretary-treas- urer and auditors shall, in the performance of their several duties, conform, in all respects, to the provi- sions of the school law which refer to school corpo- rations and their ollicers, and also to the rules and R. COtJNW ACADEMICS ir)9 he pro- oard of hree of of such the first ensuing, ^ of the in part. meeting cal day der the it three cadcmy ►oint ail s of the unually xl nieet- cli Jaca- aiid Get indited. tes may cademy 'y-treas- of their e provi- 1 corpo- iles and regulations of the Roman Catholic or Protestant Committee of the Council of Public Instruction, as the case may be. R. S., 2232, § 4, i^i imH. 40H. To provide for the buikling and mainte- nance of any county academy or academy of parts of counties, the Roman Catholic or Protestant school commissioners or trustees, as the case may be, who liave contributed to the establishment of such academies, may levy a tax on the taxable immoveable proporty of the school municipality un- der their control, sufficient in amount to provide a sum not exceeding three thousand dollars for the purchase of the site for and the building of an academy, and not less than three hundred dollars ])er animm towards the payment of the teachers and the incidental expenses of such academy, as may be agreed on by the i^aid board of delegates. R. H., 2233. 400. The school commissioners and trustees, as the case may be, shall be jointly and severally re- sponsible for the paymejit of the sums mentioned in the preceding article, and sliall pay over th(^ said sums to the said academy trustees by equal semi- annual payments on the second day of January and second day of July in each year or the following juridical day. R. S., 2233, t(r)i. 4TO. The academy trustees shall be entitled to charge monthly fees to the pupils attending the same, varying with the course of study followed, su(;h fees not to exceed one dollar and fil'ty cents per month, to be paid monthly in advance. Ko pupil, being two months in arrear for sucli fees, shall be permitted to attend such academy* R. S., 2234. ! 160 SCHOOL LAW 4T1. Each academy fulfilling the conditions of the preceding articles of this chapter, and conform- ing to the regulations in respect to academies adopted or which may be adopted by the Roman Catholic or Protestant Committee, shall be entitled to a share of the legislative grant for superior education in the discretion of the committee of its religious faith. R. S., 223.^. TITLE SIXTH PROSECbTIONS — PENALTIES — APPEALS CHAPTER FIRST PROSECUTIONS 472. The school commissioners or trustees of any school municipality may institute such suits or prosecutions as they deem necessary for the recov- ery of sums due as well for school assessments and monthly school fees as for the arrears of such taxes. R. S., 2189, in imrt, # * Hthl : — That in a suit for arrears of municipal taxes, it is not nooessary to produce the original eolleclion rolls, and that proof of the public noliio required by art 060 of the IMunicipal Code and of tiue abstracts from the (ollection roll arc sutiicient. The Cor- poration of the. Toiruxhip of Acton vs. Ftiton ct at . C. R.*, Montreal, L C. J., vol. 24, p. 113. Iftld : — That in an action for taxes the legality of the exiptenco of a corporation established dc facto for several years caji not: be put- ill question incidentally. . The School Coinmissioners of the Vif/atje ofLauzonvn. Back. S. C, Quebec. Q. L. !<., vol. 1(5, p. 390. PROSECUTIONS 161 tions of !on form- adopted Oatholic ) a share ation in us faith. stecs of suits or recov- euts and ih taxes. it is not thrtt proof Code ano crs o/fht k'ol. 16, p. 4'7S. All suits or prosecutiona, instituted under the preceding article, may be brought before the circuit court, or before the magistrate's court of the district, provided the amount does not exceed the lawful jurisdiction of the said courts. In all such suits or prosecutions, judgment may be rendered with costs. R. S., 2190, am. ^ 474, Every action shall be brought in the name of the school corporation, in virtue of a resolution adopted for that purpose. R. S., 2192, am. f * Held : — That school taxes cannot be sued for in the Superior Court. The School CommiHtio tiers of Siller}/ ?'.<». Oiiujraa. C Q. IJ. Queb'o, 1880. — Q. L. K , vol. 0, p. 355 and The Corporation of the Tointship of Adon vs. Ftllon. C. R., Montreal, 1879. — L.C.J, vol. 24. p. 113. Held .—On a declinatory exception in an action for $780, due for taxes imposed on the immovables of the defendants, that the iSuperior Court has no jurisdiction to hear suits for the recovery of school taxes. The School Gommimoners of Hochelaija vx. Hoqan etal. S. C, Montreal, 1876, Judge Torrance.— L. C. J., vol.'20, p. 208. Held : —\. On a writ of certiorari to quash the decision of a court of inferior jurisdiction, in the matter of school taxes, that in spite of the apparent observance of legal formalities by the school commissioners, courts of inferior jurisdiction have a right to inquire into and demand proof that the regulation, by which the tax was imposed, was adop'.ed in keeping with the provisions of the law. 2. That if the regulation is not regular rate-payers are not obliged to pay a tax imposed by such regulation. 3. Tiiat an action taken against a rate-payer must specify whether he is sued as proprietor, possessor or occupant. Daud.eiin vs. The School CommisHioners of St. Jude. S C, St. Hyacinlhe, 1876, Judge Sicotte.— R. L., vol. 7. p. 433. i Held : — That the chairman of school commissioners, prose- cuting in the name of the corporation, is not obliged to allege in his declaration that he has been authorized to prosecute ; it suffices to produce this authorization if objection is made by the opposite party. The school commissioners of Sts. Anges and Augustin vs. St. Hilaire. C. Q. B., Quebec. R. L., vol. 19, p. 474, and the Sc. Com. of St. Norltert va. Cr^au, C. R., Quebec, Q L. R., vol. 11, p. 119. 162 SCHOOL LAW CHArXER SECOND PENALTIES 4T5. Every person lawfully called upon lo accept any office or perform any functions under this act, who refuses to accept or neglects to per- form the same, or who, in any way, wilfully con- travenes the provisions of this act, or of the regu- lations thereunder shall for each such otFence, whether of commission or omission, incur a penalty of not less than f\ev; hilars nor more than ten dol- lars. R. S., 2193. * 476. If any school commissioner, trustee, secre- tary-treasurer or other person makes any false cer- tili(;ate or return, by means of which he fraudu- lently obtains, or seeks fraudulently to obtain, money provided for the purposes of education under any of the provisions of this act, he shall not only restore the money so obtained, but shall also incur a penalty of not less than ten dollars nor more than forty dollars. If the penalty which may be imposed as afore- said is not paid within ten days after judgment, it shall be levied, w^ith costs, by seizure and sale of the goods and chattels of the defendant. In default of sufficient goods and chattels, the defendant may be committed to the common gaol and detained therein one day for each sixty cents * Held : — Thit in any action takon un-ler the provisions of art. 1-25, dup. 15 of tho R. 8. of L. C. (art. 219.3 R. S. Q.,). it must he nUegerl ihat the ofTonce was wilfully coinmiLtod. Audelte dit Lapointe et al. vn. Dnhamel. S. C, Sorel, 18G0, .Judge Lorati^or. __R. L., vol. 1, p. 52. PENALTIES 163 upon to «; under > to per- lly con- regu- le of Fence, penalty- ten dol- B, secre- tilse cer- fraudu- obtain, [ucation le shall Lit shall dollars s afore- gment, id sale Is, the n gaol J cents s of iirt. inusL l)u lette. (lit oruri or. of the amount of the fine and costs, or of Ihe balance which may be due. R. S., 2190, mod. ^ 477. If any school commissioner, trustee, or secretary-treasurer, after dismissal, or retirement from office, or any other person whosoever, re- tains, keeps, or takes possession of or refuses to de- liver up any sum of money, register, book, paper, or other article belonging to a school corporation he shall thereby incur, for each day during which he retains, appropriates or refuses to deliver such sum of money, register, book, paper, or other article whatever, a fine of not less than five dollars nor more than twenty dollars, from the day follow- ing that upon which the notice mentioned in the following paragraph has been served upon him. Such suit shall be instituted by the school corpor- ation interested, which, in the same action, may require the return of the moneys, registers, books, papers or other articles whatever above-mentioned. 2. Before instituting a suit for the recovery of such fine, notice shall be given by the Superin- tendent of Public Instruction to the person who retains the sums of money or articles above-men- tioned, ordering him to deposit or deliver them within a specified time into the hands of the person indicated in such notice. Such notice shall be served by a bailiff of the superior court upon the * HcJd : — That the seLTOtary-troasiiror r>f a V»ojuy hia refusal to carry the archives and other objects of which ho was the depository to his successor when the latter lives in a neighbor- ing municipality and has no office in the school municipal.ty. But he must transmit these things to his successor, without previous notice, when occasion offers, e. g., when his successor comes to his house after his dismissal, and his neglect to do so will give right to an action. Ouimet us. Migneaidt. 0. R. Quebec, — Q> L. li., vol. 15 p. 333. PENALTIES 165 some Dr the ircuit may, after judgment, cause the penalty and costs to bo levied under a warrant or order for the seizure and sale of the goods and chattels of the offender. R. S., 2194, § 1, am. 4SO« Save in the case specified in article 477 of this act, any person intrusted with its execution or qualified to vote at an election of school com- missioners or trustees may prosecute in his own name for the recovery of the fines imposed in virtue of any provision of this act. R. S., 2195, am. 4S1- The amount of every penalty levied in virtue of the preceding articles shall be paid into the school funds of the corporation of the com- missioners or trustees of the municipality in which the offence has been committed. R. S., 2194, § 2, mod. CHAPTER THIRD APPEALS 482. An appeal or recourse lies to the circuit conrt of thft r.onntv or difit.rip.t r Article 482 is amended: — h^ IS si re m (a) By adding after the word : ' ' district " in the second line, the words: " or to the ma I- -J stoppages which her husband neglected to pay into the pension fund. R. S., 2255. I 172 SCHOOL LAW 500. The widow of an officer of primary in- struciiou claiming the pension is bound to furnish, in addition to the t ouchers which her husband would have been obliged to produce : 1. Her certificate of birth ; ;, 2. The burial certificate of her husband ; 3. Her marriage certificate. {See Form 24.) R. S , 2256. CHAPTER THIRD INSTALMENTS AND STOPPAGES 510. Any officer of primary instruction, w^ho, before the first of January, 188*7, has paid into the pension fund the stoppages required by this title, for the years of service immediately preceding the 24th of July, 1880, may count the said preceding years of service to establish his right to a pension. R. S., 2257. ,;. 511. The stoppages upon the salaries of officers of primary instruction for the years previous to the 24th July, 1880, were five per cent per annum without interest. Two-fifths of the total amount of the stoppages for the said years previous to the 24th July, 1880, should have been paid before the first of January, 1887 ; and one-fifth of the total amount of the said stoppages shall be deducted from the annual pen- 'sion of the officer for each of the first three years after he retires. INSTALMENTS AND STOPPAGES 173 The sums so stopped do not form part of the yearly revenue of the pension fund, but shall be placed in the capital fund. R. S., 2258. , 513. The officers of primary instruction, who, between the 24th of July, 1880, and the 1st July, 1886, paid the stoppages required by the act 43-44 Victoria, chapter 22, for their years of service previous to the 24th July, 1880, have a right to interest, at the rate of five per cent, upon the sums so paid in, up to the first of July, 1886, such in- terest to be deducted from the stoppages to be hereafter paid by them, out of their salary or pen- sion, as the case may be. R. S., 2259. 513. The pension fund of officers of primary in- struction is made up of : . 1. A reduction or stoppage at the minimum rate of two per cent, and a maximum rate of four per cent., per annum, from the pension of every pen- sioner and from the salary of every officer and of every layman teaching without a diploma in schools of commissioners or trustees or in those subsidized by them or by the Government ; 2. A reduction of four per cent., annually, from the Public School Fund, as well as from that por- tion of the Superior Education Fund, appropriated to the support of institutions managed or directed by officers of primary instruction ; 3. An annual grant not exceeding five thousand dollars from the Government of the Province. ' R. S., 2260, am. Sl'i. The total amount of those various stop- pages and grants, made from the 24th July, lo80, tp the 1st July, 1886, shall be deposited with the 172 SCHOOL LAW 500. The widow of an officer of primary iu- strucliou claiming the pension is bound to furnish, in addition to the vouchers which her husband would have been obliged to produce : ^ , 1. Her certificate of birth ; 2. The burial certificate of her husband ; 1 3. Her marriage certificate. (See Form 24.) R. S , 2256. CHAPTER THIRD INSTALMENTS AND STOPPAGES 510. Any officer of primary instruction, w^ho, before the first of January, 1887, has paid into the pension fund the stoppages required by this title, for the years of service immediately preceding the 24th of July, 1880, may count the said preceding years of service to establish his right to a pension. R. S., 2257. 511. The stoppages upon the salaries of officers of primary instruction for the years previous to the 24th July, 1880, were five per cent per annum without interest. Two-fifths of the total amount of the stoppages for the said years previous to the 24th July, 188C, should have been paid before the first of January, 1887 ; and one-fifth of the total amount of the said stoppages shall be deducted from the annual pen- •sion of the officer for each of the first three years after he retires. INSTALMENTS AND STOPPAGES 178 ary lu- funiish, lusband L) R. S , I, who, nto the is title, ing the ^ceding ension. officers s to the annum ppages -, 188C, miiary, lie said il pen- j years The suras so stopped do not form part of the yearly revenue of the pension fund, but shall be placed in the capital fund. U. S., 2258. 512. The officers of primary instruction, who, between the 24th of July, 1880, and the 1st July, 1886, paid the stoppages required by the act 43-44 Victoria, chapter 22, for their years of service previous to the 24th July, 1880, have a right to interest, at the rate of five per cent, upon the sums so paid in, up to the first of July, 1886, such in- terest to be deducted from the stoppages to be hereafter paid by them, out of their salary or pen- sion, as the case may be. R. S., 2259. 513. The pension fund of officers of primary in- struction is made up of : 1. A reduction or stoppage at the minimum rate of two per cent, and a maximum rate of four per Article 513 is amended by adding the following clause to paragraph 1 thereof: " except professors of music, drawing or other specialties of that nature." I F i i t 2. A reduction ot lour per cent., annually, trom the Public School Fund, as well as from that por- tion of the Superior Education Fund, appropriated to the support of institutions managed or directed by officers of primary instruction ; 3. An annual grant not exceeding five thousand dollars from the Government of the Province. * R. S., 2260, am. 514. The total amount of these various stop- pages and grants, made from the 24th July, 1880, to the 1st July, 1886, shall be deposited with the 174 SCHOOL LAW Provincial Treasurer, and be by him converted into Provincial or Dominion bonds, at the current price of such bonds, and capitalized for the benefit of the pension fund for officers of primary iustruc- tiou. R. S., 2261. 515. The fund arising from the stoppages shall not form part every year of the Consolidated Re- venue Fund of the Province, notwithstanding any provision to the contrary in the act respecting the Treasury Department, but it shall be held in trust by the Provincial Treasurer for the purposes of this act. R. S., 2262. 516. If the interest on the said capitalized fund and the total of the dill'erent stopj>ages and grants do not suffice to pay the })ensions applied for, the stoppages from the salaries of the offi<^ers of primary instruction, and from those of any other layman teaching in schools under control or subsidized, may be increased to the amount of four per cent., the maximum rate of the stoppages. R. S , 2263, am. 517. Every excess of receipts over expenditure in the pension fund shall be first employed in pay- ing the deficits of previous years, if any, and the balance shall be placed w^ith the Provincial Trea- surer in trust for the purposes of this act. R. S., 2264. 5IS« If the stoppages and grants be not sufficient to pay the pensions as above established, the ad- ministrative commission shall reduce the pensions and proportion them to the amount at its disposal. R. S., 2266. INS' 51». Thepor by tho act pas (19-20 Victoria, from time to ti provisions of th( officers, shall be lished by this a( in when the las 520. The Su shall retain, ha to each munici the stoppages oi should pay the s authorities are aries of such offi each year, and ii by the Superint For the same ] tion shall be m officers of prima Department of I 521. The pe primjxry instru< whh n his salar widow, when ( and following ( the locease of h INSTALMENTS AND STOPPAOES 175 519. The portion of tho pension fund ostablishecf by tho act passed on tho 22nd December, IHAO, (19-20 Victoria, chapter 14, section 7), which shall, from time to time, be relieved, according to tho provisions of the said act, by the death of pensioned officers, shall be paid into the pension fund estab- lished by this act, so that the whole shall be so paid in when the last of such officers dies. R. S., 22C0. 530. The Superintendent of Public Instruction shall retain, half-yearly, out of the grant payable to each municipality, the sums necessary to pay the stoppages out of the salary of every person who should pay the same under this act ; and the school authorities are authorized to deduct, from the sal- aries of such officers, when paying the said salaries, each year, and not afterwards, the amount retained by the Superintendent of Public Instruction. For the same purposes also, a semi-annual deduc- tion shall be made from the salaries of all other officers of primary instruction paid directly by the Department of Public Instruction. 11. S., 2267, mod. CHAPTER FOURTH PAYMENT OF PENSIONS 521. The pension in the case of an officer of primary instruction shall run from the day on w^hit n his salary ceases to be paid, and in that of a widow, when entitled thereto under articles 504 and following of this act, fiK)m the day following the decease of her husband. R. S, 22G8. TT 174 SCHOOL LAW ' i Provincial Treasurer, and be by him converted into Provincial or Dominion bonds, at the current price of such bonds, and capitalized for the benefit of the pension fund for oflicers of primary instruc- tion. R. S., 2261. 515. The fund arising from the stoppages shall not form part every year of the Consolidated He- venue Fund of the Province, notwithstanding any provision to the contrary in the act respecting the Treasury Department, but it shall be held in trust by the Provincial Treasurer for the purposes of this act. R. S., 2262. 516. If the interest on the said capitalized fund and the total of the d liferent stopj)ages and grants do not suffice to pay the pensions applied for, the stoppages from the salaries of the officers of primary instruction, and from those of any other layman teaching in schools under control or subsidized, ma3" be increased to the amount ol four per cent., the maximum rate of the stoppages. R. S , 2263, am. 517. Every excess of receipts over expenditure in the pension fund shall be first employed in pay- ing the deficits of previous years, if any, and the balance shall be placed with the Provincial Trea- surer in trust for the purposes of this act. R. S., 2264. 51^* If the stoppages and grants be not sufficient to pay the pensions as above established, the ad- ministrative commission shall reduce the pensions and proportion them to the amount at its disposal. R. S., 2265. c,:.t-/::-. :,;:.;, :,::;';-;-;- "«WP" INSTALMENTS AND STOPPAGES 175 519. The portion of the pension fund established ' by the act passed on the 22nd December, 1856, (19-20 Victoria, chapter 14, section 7), which shall, from time to time, be relieved, according to the provisions of the said act, by the death of pensioned officers, shall be paid into the pension fund estab- lished by this act, so that the whole shall be so paid in when the last of such officers dies. R. S., 2266. 530. The Superintendent of Public Instruction shall retain, half-yearly, out of the grant payable Article 520 is amended by striking out the words: " half-yearly" in the second line of the first clause, and the words: " semi-annual " in the first line of the second clause. " each year, and not afterwards, the amount retained by the Superintendent of Public Instruction. For the same purposes also, a semi-annual deduc- tion shall be made from the salaries of all other officers of primary instruction paid directly by the Department of Public Instruction. 11. S., 2267, mod. CHAPTER FOURTH PAYMENT OF PENSIONS •^21. The pension in the case of an officer of primary instruction shall run from the day on which his salary ceases to be paid, and in that of a widow, when entitled thereto under articles 504 and following of this act, fiJom the day following the decease of her husband. R. S., 2268. 176 SCHOOL LAW 1^ ill if i 522. All pensions shall be paid half-yearly ; but if an officer should die, without leaving a widow entitled to receive a pension, his lawful heirs shall bo entitled to receive his pension for the current six months. R. S., 2269. 523* Every officer of primary instruction, who has resigned his office, or whose diploma or com- mission has been cancelled for any causes provided by law, shall forfeit his right to a pension and also his stoppages ; but if his diploma is restored or he is reinstated, his former service shall count. R. S., 2270. 524. Pensions, if they have not been claimed, shall be struck from the books of the pension fund after three years, and their replacement thereon shall not entitle to arrears prior to the olaim. The same forfeiture shall apply to the heirs of pensioners, who do not establish their rights within three years from the death of the person whom they represent. R. S., 2271. 525. An officer of primary instruction who, after resigi i.ig his office opens a private school or temporarily accepts a position therein, with the authorization of the Superintendent of Public Ins- truction, to whom he must apply therefor, shall not forfeit his right to a pension, provided he re- gularly pays the stoppages on his salary. (See form No. 25.) R. S., 2272, am. 520. All claims for pensions must be made before the first of November of each year ; pen- sions claimed after that date will only be paid the following year. (See form No. 22.) R. S., 2274. tj tl till xrly ; but I widow 3irs shall current on, who or com- ^rovided and also ed or he t. R. S., claimed, on fund thereon im. heirs of rights person I who, hool or ith the lie Ins- r, shall he re- ee form 5 made pen- lid the !274. Valuation op salaries 177 CHAPTER FIFTH valuation of salaries 537* The salary of ofl&cers of primary instruc- tion, employed in private schools, subsidized by the Government or by school municipalities, shall be valued by the school inspector of the division to which such officers belong, to the satisfaction of the Superintendent of Public Instruction, who may order an enquiry for such purpose, in accord- ance with the laws respecting education. R. S., 2275. 528. In no case shall the value of the annual salary, including benefits, in private schools sub- sidized by the Government, exceed the following amounts, to wit : For male teachers of elementary schools : — in towns, four hundred dollars, — in country munici- palities, two hundred and fifty dollars ; .For female teachers of elementary schools : — in towns, two hundred dollars, — in country muni- cipalities, one hundred and twenty-five dollars ; For male teachers of mc Jel schools : — in towns, five hundred dollars, — in country municipalities, three hundred dollars ; For female teachers of model schools : — in towns, two hundred and fifty dollars, — in country muni- cipalities, one hundred and fifty dollars ; For male teachers of academies :— in towns, six hundred dollars, — in country municipalities, four hundred dollars ; For female teachers of academies : —in towns, three hundred dollars, — in country municipalities, two hundred dollars. R. S., 2276. 178 SCHOOL LAW 530. Officers of primary instruction may, in addition to the specific salary agreed upon be- tween them and the school commissioners or trus- tees, include, as forming part of their salary, all the benefits derived from their position, such as lodging, light and fuel. If, however, such officers give private lessons or exercise at the same time any profession, trade or business whatsoever, the benefits they derive therefrom shall not be included in such valuation. R. S., 2211. 530. The valuation of the benefits so derived by officers of primary instruction shall be made by the school inspector of the district, certified to be correct, and revised by the administrative commis- sion. R. S., 22*78. 5*51. It shall be the duty of school boards or administrative bodies, employing officers of pri- mary instruction, to make a yearly report stating the name, office and salary during the previous year of each certificated and non-certificated lay teacher teaching in the schools under their con- trol. R. S., 22^9. 533. In no case shall the valuation of such bene- fits in the schools under control exceed the follow- ing amounts, to wit : For an elementary school : — in towns, one hun- dred dollars, — in country municipalities, thirty dollars ; For a model school : — in towns, one hundred and fifty dollars, — in country municipalities, fifty 4ollars ; VALUATION OF SALARIES 179 For an academy : — in towns, two hundred dol- lars, — in country municipalities, seventy-five dol- lars. R. S., 2280. CHAPTER SIXTH jommis- ADMINISTRATIVE COMMISSION 533. The pension fund for officers of primary instruction is administered by an administrative commission composed of the Superintendent of Public Instruction as chair man and of four deleg- ates appointed as follows : one by the convention of Roman Catholic teachers in Montreal, one by the Convention of Roman Catholic teachers in Quebec, and two by the Provincial Association of Protestant teachers. Their services are gratuitous, but their travel- ling expenses are paid out of the pension fund. These delegates remain in office until they are replaced by those who appointed them. The commission appoints its secretary. R. S., 2281, 2282, in part, am. 534. In case of absence, through illness or for some unavoidable cause, any delegate may have himself replaced by an officer of primary instruc- tion being a member of the Convention of Roman Catholic teachers or the Provincial Association of Protestant teachers, as the case may bo, to which he belongs. R. S., 2283, am. «135. The administrative commission deter- mines all questions connected with the pension fund and pensioners, and its decision is final. R. a, 2282, in part. i Ill 180 SCHOOL LAW 530. The minutes of each meeting of the ad- ministrative commission of the pension fund of the officers of primary instruction shall be publish- ed in the French and English journals of educa- tion in the Province. New. 53T. The administrative commission shall be bound to make all regulations wrhich it may deem necessary to put this title into operation and to provide for unforeseen cases. Such regulations, v\rhen sanctioned by the Lieut- enant-Grove rnor in Council and published in the Quebec Official Gazette, shall have operation of law for the carrying out of the present title of this act. R. S., 2285. CHAPTER SEVENTH , MISCELLANEOUS PROVISIONS V t ', 538. The accounts of the pension fund are kept by the Department of Public Instruction, certified yearly by the Provincial Auditor, and published in the report of the Superintendent of Public In- struction. R. S., 2286. 539. It shall be the duty of the school in- spectors, whenever they make their official inspec- tion, to visit, at least once a year, the pensioners in their respective districts, and to report to the Super- intendent of Public Instruction, every year, before the month of November, upon the state of the health of the pensioners, and upon their qualifications for receiving a pension under the terms of the law. MISCELLANEOUS PROVISIONS 181 They shall also indicate the date of the death of any pensioners who may have died during the year, and add any remarks which may assist the work of the administrative commission. R. S., 2284. 540. Pensions are not assignable and are not liable to seizure. R. S., 2287. 541. The provisions of this title do not apply to teachers receiving pensions before the first of July, 1886. R. S., 2288, mod. TITLE EIGHTH TEACHING OF DRAWING, HYGIENE AND AGRICUL- TURE—SCHOOL LIBRARIES — SCHOOL BOOKS — S( HOOL EXHIBITIONS CHAPTER FIRST TEACHING OF DRAWING, HYGIENE AND AGRICUL TURE IN SCHOOLS SECTTOX I TEACUINO OF DRAWING AND HYGIENE IN SCHOOLS S42» Drawing shall be taught in all schools. R. S., 1875, in part, am. 543. Hygiene shall be taught in all schools. 14 I \'VSSZ 182 SCHOOL LAW SKCTION II TEACHING OF ACJKICULTUKE IN SCHOOLS 544* Agriculture shall be taught in all schools in rural municipalities. New. CHAPTER SECOND SCHOOL LIBRARIES 545. The Lieutenant-Governor in Council, may order that a sum, not exceeding two thousand dol- lars, may be appropriated annually, or during a certain number of years, cut of the Superior Educa- tion Fund, to assist the establishment of city, town, -village, parish or township libraries, in school municipalities in which suitable contributions have been made by school corporations for that purpose. 2. Such assistance shall be given in money or in books, upon the conditions deemed expedient by the Lieutenant-G-overnor in Council. 11. S., 22?(5. 546. School corporations may, for the establish- ment and maintenance of libraries, appropriate any sum of money whatever, and, with the authoriza- tion of the Superintendent of Public Instruction, issue debentures to create a fund for that purpose. Such libraries shall be under the management, inspection and regulations which the Eoman Catholic or Protestant Committee, as the case may he, of the Council of Public Instruction may, with the approval of the Liei|tenant-Q-overaor in Coun* SCHOOL LIIRARIBS 183 oil, prescribe ; and such regulations shall be pub- lished by the 8ui)erintendent ol' Public Instruc- tion in the Quebec Official Gazette. K. S., 2237. CHArTER THIRD SCHOOL BOOKS , SECTION I ACQUihliiOM OF BOOKS, MAPS, ETC. 547. The Lieutenant-Governor in Council may acquire, for the Province, the copyright of books, maps and other publications whatsoever, approved by either committee of the Council of Public In- struction. R. S., 1912 § 5, am. SECTION II. " 'I--'-;V/'/''',/.,C~^i;. ■"'-■';: ,;',:" GRATUITOUS DISTRIBUTION OF SCHOOL BOOKS. ' 54S. The Lieutenant-Governor in Council may distribute gratuitously to pupils in schools, under the conditions which may be imposed, books, or series of books, maps, and other publications what- soever selected, from among those that have been approved by either committee of the Council of Public Instruction in accordance with article 56 o{ this act. Netv. 184 SCHOOL LAW • CHAPTER ^FOURTH SCHOOL EXHIBITIONS 549. The Lieutenant-Governor in Council may, on the report of the Superintendent of Public In- struction, or on the recommendation of the Council of Public Instruction or of either of its committees, promulgate regulations for establishing, holding, directing and maintaining school exhibitions, and may appoint one or more commissioners for that purpose, whose duty it shall be to obey the instruc- tions given by him. Such regulations shall be published in the Quebec Official Oazette. R. S., 1S11. TITLE NINTH LAWS REPEALED, TEMPORARY PROVISIONS- COMING INTO FORCE 550« Title fifth of the Revised Statutes respect- ing public instruction and the laws amending the same are repealed. 551. Such repeal shall in no way affect or in- validate any matter proceeding, or thing com- menced, done or completed in virtue of the repealed provisions, or any regulation respecting school matters now in force, but they shall be continued or terminated in virtue of the provisions of this act, in so far as such provisions allow of the same. LAWS, AC. — COMING INTO FORCE 186 uncil may, Public In- he Council ommittoes, r, holding, itions, and 3rs for that he instruc- 55S. The present ofRccrs of the Department of Pablic Instruction, school inspectors and other employees exercising functions under the school laws, shall continue to perform their duties until it is otherwise ordered by the Lieutenant-Grovernor in Council in accordance with this act. 553. This act shall come into force on tho> day which the Lieutenant-Governor in Council shall fix hy proclamation. the Quebec ISIONS— V .:i ., .,-1 %.■..>:- tes respect- ending the ffect or in- hing coni- he repealed ing school i continued I of this act, 3 same. S^O'Rli^S No. 1— OATH OF OFFICE Province of Quebec, ) School Municipality of . J 1. A. B. having' been duly appointed {arbitrator, secretary -treasurer) of this municipality, make oath that I will well and faithfully discharge the du- ties of my office, according to the best of my judg- ment and ability. So help me God. Sworn at this day of ] the month of {insert the date) | g^ f^^^ ,f ,,,, ,. beiore me > ^ t i- *i ii ., , . 1 • .• pi son takinq the oath. the undersigned justice oi | ^ the peace. J Signature oj the justice of the i)eace No. 2 —SPECIAL NOTICE IN WRITING Province of Quebec, J School municipality of . J To Joseph B (name and occupation of person to whom notice is given,) -_LjI FORMS 187 Sir, Special notice is hereby given you by the under- signed, L. M. {name and occupation of 'person giving notice) that (the object oj the special notice). Given at month of this one thousand day of the hundred and Signature of person giving notiee. {arbitrator, make oath !?o the du- of the per- 7 the oath. [NO No. 8. -NOTICE FOR ELECTION OF SCHOOL COM- MISSIONERS OR TRUSTEES .! Province of Quebec, School municipality of Public notice is hereby given that there will be held on Monday, the day of July, one thousand hundred and at the hour of ten of the morning, at the door of the church in the said municipality {or at indicate any other place), a meeting of the proprietors of real estate of this municipality, entered as such upon the valuation roll and having paid all their school taxes and other contributions, to i)roceed with the election of a board of school commissioners, or trustees, {or of one or more school commissioners or trustees, Given at one thousand this hundred and day of ce is given,) (Signature of person or persons giving the notice,) 188 SCHOOL LAW No. 4— REPORT OF ELECTION OF SCHOOL COMMIS- SIONERS OR TRUSTEES Province of Quebec, Schc >1 municipality of ,! To the Superintendent of Public Instruction. Sib. On Monday, the day of July, one thousand hundred and , at a public meeting of the electors of this muni- cipality, duly convened and held according to law^, at the door of the church in the said municipality or at (mention the place), at the hour of ten in the morning, Messrs. {insert the names and surnames written very ijlainly) w^ere elected as school com- missioners (or trustees, as the case may be,) for the said municipality. Griven at this day , {Signature of the Presiding Officer.) No. 5— NOTICE TO SCHOOL COMMISSIONERS OR TRUSTEES ELECTED Province of Quebec ) School municipality of . J To Mr. A. B., School Commissioner (or Trustee.) Sir, I hereby notify you that, at a public meeting FORMS 189 ►L COMMIS- of the electors of this municipality, duly convened according to law, and held on the day of one thousand eight hundred and you were elected a school commissioner {or trustee, as the ease may be.) Given at this {Signature of the Presiding Officer.) No. 6. — NOTICE OF DISSENT. fERS OR Province of Quebec, I School municipality of ,] To the Chairman {or secretary -treasurer) of the school ♦ jmmissioncrs of the municipality of county of Sir, We, the undersigned, proprietors, occupants, tenants and rate-payers of the municipality of , county of , professing the religion, have the honor, under article 123 of the Education Act, to notify you of our intention of withdrawing from the control of the school cor- poration of which you are the chairman {or secre- tary-treasurer) from the first day of July next. Given at this day of {i:>i CS u O Oi o u a S u <» I, V "« <•/.>•" .2^2 S 5^ ?! ? = s o « y m rr. -i . CO e3 r-; ^ ^ o o H ^ S !/: .ti ^ J> l-»< I— . x.« X 12 '^ fc< «*^ *^ ^ — 0) o , 1) ^ _, o u .2 ^ i; => 0) •^ >— 3 E «*-> I— < 5« c-S-S"^ o s> V 5 «-5 c S =7 5 1* il '^ ^ — JJ 5 o •_ ^ «-< o 1 = 2 £ ^ c 2i "■• 9 'S a, 5i 0) <3 ii if y o o (■/j(0 io ^ O >- t» o H 3 O X o u 83 !2 U •J 03 O a 2 a"' 11,0 §^ ^ a ^Jjf^^^*^¥*^¥*^^^^**)^^ O (^ o w o > o o /J . I c a o o O ^ «/» I I o u ...4 o •^ «3 H CO 8 8 .H o u CO «ft 5 ^ IMAGE EVALUATION TEST TARGET (MT-3) // 1> .#^ 1.0 I! 1.25 25 2.2 2.0 U IIIIII.6 v^ Va ^- -^ o 7 / /«^ Photographic Sciences Corporation m «^ ^\ <^ 23 WEST MAINS :i(EET WEBSTER, N.Y. 14SS0 (716) 872-4503 A' O^ 200 SOHOOL LAW No. 17 — WARRANT OF DISTRESS FOR SCHOOL TAXES Proviuce of Quebec, School municipality of .[ The school commissioners (or trustees) for the municipality of : , in the county of : To any bailiff of the Superior Court, acting in and for the district of : Whereas {name and description oj the debtor) has been required by the secretary-treasurer of the school commissioners (or trustees) for the munici- pality of , in the county of , to pay into his hands, for the use of the said school commissioners (or trustees,) the sum of , being the amount due by him to the sai^ school commissioners (or trustees) as appears by the col- lection roll of the said municipality for the year 18 ; and whereas the said (name of the debtor) hath neglected and refused to pay to the said secre- tary-treasurer, within the delay required by law, the said sum of (the amount in words) with the costs of notice and service amounting to (the amount in words ;) these are therefore, to command you to seize, without delay, the goods and chat- tels of the said (name of the debtor) which may be found within the limits of the said municipality; if, within the space of eight days after such seizure, the above mentioned sums, with the reasonable expenses of the said seizure, be not paid, then you shall sell according to law the said goods and chat- tels so by you held, and you shall pay over the moneys arising from such sale to the secretary- FORMS 201 treasurer of the said school commissioners (or trus- tees,) so that he may apply the sum as by law directed, and return the surplus, if any, when demanded, to the said {name of the debtor,) or to whom it may concern ; and, if cuch seizure cannot be effected, in default of goods liable to seizure, you shall then certify the same to me so that such pro- ceedings may be had as the law may require. Given under my hand and the seal of the said corporation of school commissioners (or trustees) this day of the month of in the year of Our Lord one thousand hundred and at in the aforesaid district. {Signature of the Chairman of the School Commissioners {or Trustees,) No. 18. — NOTICE OF THE DAY AND PLACE OF SALE OF GOODS AND EFFECTS SEIZED FOR SCHOOL TAXES PUBLIC NOTICE Is hereby given that on {day of the week) the day of the month of instant {or next) at the hour of in the noon at {designate the place) the goods and chattels of {name of the person) now under seizure in de- fault of payment of the taxes due to the said school commissioners {or trustees) will be sold at public auction at {name the place.) Given under my hand at {place), in the district of this day of Signature of the Bailiff, 202 SCHOOL LAW No. 19. — FORM OP teacher's engagement. Province of Quebec. School municipality of .! On the day of the month of in the year 18 , it is mutually agreed and sti- pulated between the school commissioners {or trustees) of the municipality of , in the county of , represented by (name of chairman) their chairman, under a resolution of the said commissioners {or trustees) passed on the day of 18 , and (name of teacher) teacher holding a diploma for a (insert grade) school, residing at , as follows : The said teacher makes an engagement with the said school commissioners (or trustees) for the school year from the first of July (unless the diploma of the said teacher be withdrawn, or any other legal impediment arise) to teach the (grade of school) school in district No. , according to law, and to the rules and regulations established or to be established by the competent authorities, and, amongst others, to exercise an efficient supervision over the pupils attending the school ; to teach the subjects authorized, and to use only authorized text-books ; to fill up all blank forms required by the Department of Public Instruction, the school inspectors or commissioners (or trustees) ; to keep the required school registers ; to preserve amongst the archives of the school such copy-books and other work of the pupils as may be ordered to be put aside ; to keep the school rooms in good order FORMS 208 and not to allow them to be used for any other than school purposes without permission to that effect ; to follow such rules as may be established ; in a word, tofulRl all the duties of a good teacher ; to hold school every day, except during the vaca- tions, and on Sundays and festivals and on the holidays authorized by law and the school regula- tions. The commissioners (or trustees) undertake to pay every month to the said (name of teacher) the sum of {state sum in full) for the said school year in current money and not otherwise. In default of any other engagement, the pre- sent agreement shall continue to remain in force between the parties until it be legally set aside. And the parties have signed, after hearing the same read. Made in Triplicate at the day of one thousand hundred and (Signature.) Chairman of the School Commissioners (or Trus- tees.) (Signature) Teacher. 204 SCHOOL LAW No. 20.— NOTICE TO TEACHERS, INFORMING THEM THAT THEIR SERVICES ARE NO LONGER REQUIRED Province of Quebec School municipality of .1 To Mr. Sir, Teacher of school district No. I have the honor to inform you that, by a reso- lution adopted at their meeting of (insert the date), the sohool commissioners {or trustei»s) of this mu- nicipality have decided that they will not require your services for the next year. Date, (Signature of the Secretary- 7 reasurer.) No. 21. — NOTICE RESPECTING RESOLUTIONS ADOPTED IN CERTAIN CASES Province of Quebec, J School municipality of . J PUBLIC NOTICE Is hereby given that at a lueeting of the school ■I FORMS 205 commissioners (or trustees) of this municipality held on the day of the month of one thousand hundred and , it was resolved : (Enter the resolution adopted,) Dato (Signature of the Secretary^ Treasurer,) No. 22. — APPLICATION FOR PENSION To the Superintendent )f Public Instruction. Sir, I have the honor to submit for your consideration the following reasons which constitute my right to the pension enacted in favor of officers of pri- mary instruction : I was born at , county of , on the day of the month of (state the dale) I am a (Roman Catholic or Protestant or as the case may be) If the officer be married add : I am married to (name in full) since the (date of the marriage) I reside at , in the county of , (If the officer reside in a city or town^ he rt^'et give the name of such city or town, the name of the street and the number of his residence.) : i w^ 206 SCHOOL LAW Letters for me should be addressed to the Post Office of I hold a school diploma which I obtained from the board of examiners (or normal school) of on the 18 I commenced teaching school in (state the date) and ceased teaching on the day of the month of 18 I taught school for years. Since the first of July (state the date), I taught in the following municipalities : At (I) from (2) 18 to (2) , My reasons for making the present application are the following : (Give the reasons) At this day of 18. (Signature oj the officer). No. 23— MEDICAL CERTIFICATE I, the undersigned physician, domiciled at , county of solemnly declare that en the day of the month of , I examined an officer of primary in- struction, and T found that is affiscted by (state the cause, duration and gravity of the disease so as prima facie to establish that the officer is unable to teach)^ which renders FOtlMS 207 J Post liich I 8 ". *' g date) of the completely incapacitated from performing duties as an officer of primary instruction. Sworn before me at this day of A.D. 18 (Signature of the Justice of the Peace) J. P. Signature of the Physician. [aught icatiou leer). niciled re that iry in- jected gravity that the No. 24. — APPLICATION FOR PENSION BY WIDOW .} Province of Quebec, School municipality of To the Superintendent of Public Instruction. Sir, I, the undersigned (family name of widow) was the wife of the lute {name of deceased teacher)^ in his lifetime an officer of primary instruction, who died on the {date of decease)^ at parish and county), I was born on the (date of hirth)^ and was mar- ried to the said (name of deceased teacher), on the (date of marriage), as shewn by the annexed docu- ments ; and in consequence, 1 claim the pension allowed to widows of officers of primary instruc- tion in virtue of the Education Act. Dated at the day of 18 (Signature of the widow). (1) Name of the municipality in which officer taught school. (2) Dat«. 208 SCHOOL LAW No. 26. — REQUEST FOR AUTHORIZATION TO TEACH IN AN INDEPENDENT SCHOOL Province of Quebec, School municipality of .1 To the Superintendent of Public Instruction. Sir, I have the honor to inform you that I have abandoned the occupation of a teacher under the control of the school commissioners {or school trus- tees) of {name of the municipality), for the reason that {give reasons), and I have accepted employment in {name of the institution), under the control of {name of person in charge), with a salary of dollars per annum. Or that I keep a private school in the munici- pality of , county of , and that inj salary has been valued by Mr. {name of the school inspector of the district), inspector of schools, at the sum of ( , as appears by the annexed certificate, and that in virtue of article 625 of the Education Act, I desire to continue my contribu- tions to the Pension Fund, if the reasons stated above be approved by you. Dated at the day of 18 {Signature of the teacher.) '' O TEACH ction. k I have ider the ool trus- e reason loyment >ntrol of munici- , and me of the schools, annexed 55 of the ontribu- 8 stated 18 icher,) ^^^F1l'^^^"»ip>i»P HI 1 1; III ' I it i ^■B^WPm^^^ PR< (i!^t!3SmSSJSt,SSO/tk KEGULATIOXS OK THE PROTESTANT COMMITTEE. a Migjrn.1 .■"-.' ■ ' . .^^. . " '"- * * ■ , • " r ' ».' .■■ " ■ - :' '■'-, :' ' • S "■•■.•-' ' . y ' : ■ ' - ' ': ■■■ '^: ' ' ■* ii * '■. . ■' '"^^ 1 1 ■ -1 ■■ *■■' * o > » .-• '- *. ■'' - ■■" -y' • '■ —" 1 .---'■ >"'- 7" '-'3 - ' .-' - ■■ --/■.^■^' ■ r 1 . • " 1* •\ ■■■'■ \ '■■ /U':. f 1. . -''^i- "■■■■.;.^ ■■/■'■" - ■■ '-?■■' "" ■ ". ' •**'v- "" --'"^-l""' ,' ^ amin{ ! V ■Vx;r:;^^'X:;-'"-K: * of Pr of wli ;'/!."<■, ;.: ' , /^ ^,^ •!-' ;. , ' ;',,'' Sclioc i ;*. 7A,. '■ '■ ^' -. '■; • ed by Instri { — fr- 2. i • i ■ 1 V » 4 « - be jm partlj ment c '^^SSSSSS^^SBHK-' SCHOOL REGULATIONS REVISED KY THE Protestant Committee of the Council of Public InstructiSn, And apjiromd hi/ (h'(kr in Council. < WITH AMKNDMP:NT.S to JULY, 1890. 1 CONCERNINf! SCHOOL INSrECTORS. \. Examination. V !• There shall be a Board of Examiners for the ex- , ainination of candidates for the position of inspector of Protestant schools, composed of three membors, one of whom shall be the principal of the McGill Normal School. The remaining two Uiembers shall be appoint- ed by the Protestant Committee of the Council of Public Instruction. 2. The expenses of this Board of Examiners shall be paid, partly from the deposits of the candidates and partly from the contingent expanses of the Depart- ment of Public Instruction. 16 REGULATIONS OF THE PROTESTANT COMMITTEE 8. The examiners shall prepare the questions, con- duct the examinations in writing, value the answers, and make a* written report of the results to the Pro- testant Committee at tlie first meeting after the examination. , . 4. Candidates for the position of inspector of Pro- testant schools shall appear before the Board of Exam- diners, or before a sub-committee of the Protestant Com- mittee appointed for the purpose, at Quebec, at the time appointed by advertisement given by the Super- intendent of Public Instruction. 5« Each candidate shall forward to the Superintendent of Public Instruction, at least six days before the time appointed for the examination, the following docu- ments. (a) A written application for appointment stat- ing the religious belief of the candidate, and his age, which must not be less than 25 nor more than 50 years ; (6) Testimonials of good character and conduct, according to Form No. 1, prescribed for teachers ; (c) Certificates of literary attainments and qual- ifications, of university degree, and of honors, if any, and other particulars bearing upon his quali- ^^ fications; A ((£) Certificates showing (1), that he holds a diploma, (2) 'that he has taught at least five years, (3) that he has not discontinued teaching more than five years. 6* Each candidate shall deposit six dollars to defray the cost of advertising in the Quebec Oj/icial GazeUet and for other necessary expenses. to 2. by 3. TTEE SCHOOL INSPECTORS ions, con- 1 answers, the Pro- after the or of Pro- of Exani- tant Coni- ec, at the he Super- rintendent e the time ing docu- ment stat- nd his age, re than 50 d conduct, teachers ; and qual- honors, if his quali- le holds a five years, ling more } to defray I Gazelle, T« Each candidate sliall be examined witli reference to : (a) The methods of teaching the sul>jects of the authorized course of study ; (6) The organization, discipline and nuinagement of schools; (c) The duties of inspectors, school hoards and teachers, {ind the operation of tlie school law and regulations of the Province. Fifty per cent, of the marks in each of the three divisions of the examin- ation will he required for passing. 8- The documents produced by the candidates, and the results of their examination shall be submitted to tlie Protestant Committee for their approval, and the candidates found qualified ])y the Committee for the position of inspector shall be granted certificates of the first or second class, according to Form No. 2. • Dulles of School fnspeclors, 0. It is the duty of school inspectors : 1. To hold educational conferences with the teachers, school commissioners and trustees of their respective inspectorates at suitable and convenient centres during the first half of each scholastic yea •, and to visit each school under their control during the second half, giving two hours on an average to the inspection of each school ; 2. To examine the pupils upon tl\e autliorized course of study, and to insist upon the course being followed by teacher and pupils ; 3. To transmit to the Superintendent (a) the names of those teachers who are eminently successful in carry- 6 REGULATIONS OF THE PROTESTANT COMMITTEE ing out the course of study, and (b) the names of teachers wlio, after warning, neglect the course of study or teach without a proper time-table ; 4. To ascertain whether the regulations for teachers and for pupils are observed, and to note especially the classification of the pupils, the arrangements and allot- ments of the time-table, and the manner in which the school journals and registers are kept ; 5. To examine the methods of instruction followed by the teacher ; 6. To give a few model lessons in the presence of the teacher ; 7. To ascertain what methods are used in maintain- ing discipline ; 8. To give such advice to the teacher as may be deemed necessary ; 9. To encourage teachers to preserve the best speci- mens of their pupils* work on the authorized form of test-sheets, in order that the inspector may examine them at liis next visit and transmit to the Superinten- dent specimens worthy of being exhibited ; 10. To ascertain whether the regulations concerning schoolhouses, closets, appamtus, etc., are observed, and especially whether the necessary air space per pupil has been provided, and whether proper attention is paid to the heating and ventilation of the school rooms ; 11. To fill up a bulletin of inspection for each school, and to transmit the bulletins of each municipality to the Superintendent as soon as the inspection of the municipality is completed ; 12. After inspecting the schools of a municipality, to report the results to the commissioners (or trustees), under the following heads : (1) (2) (3) 13. T intender ates uni Good ; i the men ification of which 1. • .. 2. 1 •» f o. 4. : 5. [ 6. ' ITTEE SCHOOL INSPECTORS names of le of study ir teachers cially the and allot- which the Q followed iresence of maintain- is may be best speci- ed form of y examine ^uperinten- concerning served, and e per pupil tion is paid rooms ; each school, licipality to 3tion of the unicipality, or trustees), (1) Condition of the schools of the municipality as to ; (a) The use of the course of study, (6) A uniform series of text-books, (c) The use of definite time-tables, ; " \d) Schoolhouses and closets, (e) Apparatus (blackboard, authorized jour- nal, etc.) . r ' ^ ■'-■'". ' (2) Serious defects in ; -. (a) The municipality as a whole, (6) Particular schools, , (c) Individual teachers, (3) Any action that should be taken by the school -' commissioners (or trustees) to improve ' ~: the condition of their schools ; 13. To classify, in their annual reports to the Super- intendent, the school municipalities of their inspector- ates under the following heads : — 1, Excellent ; 2, Good ; 3, Middling ; 4, Bad ; 5, Very bad ; arranging the members of each class in order of merit. The class- ification shall be based upon the following points, each of which shall be valued at ten marks : — 1. The length and arrangement of the school year. 2. The condition of schoolhouses, closets and V,,. grounds. , . . 3. The supply of apparatus, blackboards, author- ized school journals, maps, etc. 4. The use of the course of study. 5. The use of a uniform series of authorized text- books. . „ - 6. The salaries of teachers and the method of payment, 8 REGULATIONS OF THK TROTESTANT COMMITTEE 14. To examine tlu) books of the socretary-treasun^rs and to ascertain wli ether they are kept in accordance with tlie authorized form ; 16. To hold a meeting of teachers in eacli county, when rec^uired by tlie Superintendent, for the purpose of considering tlie ditliculties, defects and desirable im- provements of the schools of the county and the best methods of organizing and teaching elementary schools ; 16. To co-operate with the directors of Teachers' In- stitutes in making all necessary arrangements for the institutes to be held in their respective inspectorates ; ].7. To forward their annual reports and statistical tables to the Superintendent before the first of August each year. - Prize Books. lO. The inspectors shall distribute the prize l)ooks lurnished by the Department of Tiiblic Instruction as follows : — 1. In the municipalities that are (endeavour- ing to comply with the provisions of the school law and regulations ; 2. In the schools in which the teach- ers are endeavouring to carry out the course of study in accordance with a definite time-table ; 3. To the pupils who are taking regularly the subjects of the course of study. ■••::■'';':;.' ■--.-::.:.■■-■'- m-^^^^; , II- Prizes shall be awarded for general proficiency in all the subjects of the course of study, but if the examination is unsatisfactory no prize shall be given. 12. Prizes shall be given upon the actual results of the examination by the inspector and upon the inform- ation obtained from the teacher. It is desirable that one prize at least should be given in each of the classes of the school. An extra prize may be given for attend- EE BOARD OF EXAMINERS 9 asurers mlaiice county, purpose ble im- he best chools ; Qva' In- fer the borates ; atisticnl August e l)ooks ction as oavour- ool law ) tcacli- study in e pupils ouvso of )ficiency t if the given. ssults of inforni- ble that classes • attend- ance and conduct as shown by the school journal, but this shall be distinct from the prizes for proficiency, and shall not be given unless a school journal has been regularly kept. 13. Prize books given by the inspectors shall not be distributed at public examinations or closing exercises in lieu of prizes to which pupils are entitled from the teacliers or school boards. 14. The inspector shall fill up and sign the label to be found in each prize book. - i -; ; 15. The inspector shall enter on the school visitors* register the name of each pupil to whom he gives a prize, his age, the subject for which it was awarded, and tlie title of the book given. The inspector shall see tliat the teachers are provided by tiie school commis- sioners (or trustees) with a school visitors' register, separate from the school journal, and in schools where there is no register, he shall give no prizes. lO. The prize books are divided into two classes, Roman Catholic and Protestant, distinguished by spe- cial labels, and inspectors shall observe this division in distributing the prizes to pupils. CONCERNING THE PROTESTANT CENTRAL BOARD OF EXAMINERS. IT. The Protestant Central Board of Examiners shall alone have the power to grant diplomas valid for Protestant Schools. 10 REGULATIONS OF THE PKOTESTANT COMMITTEE 1H» The diplomas granted by the Central Board of Examiners shall be of four grades, viz : Elementtiry, Model School, Kindergarten and Academy, and these are valid for any Protestant School of the same grade in the Province. 10« There shall be two classes of elementary dij)- loraas named respectively, elementary diplomas, and advanced elementary diplomas. 20. The only persons eligible for examination by the Central Board of Examiners are : . ?; 1st. For elementary diplomas, such persons as have completed a four months' course of training in the McGill Normal School. 2nd. For advanced elementary diplomas, such per- sons as have completed a nine months' course of train- ing in the McGill Normal School. 3iJ. For model school diplomas, such persons as have completed a nine months' course of training in the model school class of the McGill Normal School. 4th. For Kindergarten diplomas, such persons as have completed a nine months' course of training in the kindergarten class of the McGill Normal School. 6th. For academy diplomas, graduates in arts of some Canadian or other British university. 6th. For any grade of diplomas, such persons as may have received from the Protestant Committee of the Council of Public Instruction, permission to enter upon any examinations specifically indicated by that Committee. 21» The examinations for elementary, kindergarten and model school diplomas shall be tlie sessional exam- inations of the McGill Nornjal School, together witl^ ^ em^ BOARD OF EXAMINERS II reports on ability to teach and to govern, rendered by tlie Principal of the school. For all such examinations one half of each exam- inatioa paper may be set by the Central Board of Ex- aminers, and such tests of ability to teach and to gov- ern as may be indicated by that Board must be given. All results, including examination questions and an- swers shall be submitted to the Board by the Princij»al of the Normal School : and in view of these results diplomas shall be granted by the 13oard. 22- The examinations for academy diplomas shall be the examinations in aits and in education of Cana- dian and other British universities. All holders of model school diplomas that liave been granted by the McGill Normal School or that shall hereafter be granted by the Central Board of Exam- iners shall be entitled to receive academy diplomas on graduating in arts at some Canatlian or other British university, provided that they pass in mathematics. Latin, Greek and French at the degree examinations or, failing this in any subject or subjects, pass exami- nations in such subject or subjects as are certified by the universities to have given to the graduate con- cerned a standing not lower than that of second class at the close of the second year in arts. All graduates in arts of Canadian or other British universities who have passed in mathematics. Latin, Greek and French as above defined and have taken a course and haA^e passed satisfactory examinations in education and in jiracticul teaching under the control of the universities or of tlie McGill Normal School as approved by the Protestant Committee of the Council of Public Instruction, shall be entitled to receive acad- emy diplomas, The Central Board of Examiners shall 12 REr,ULATIONS OF THE PROTESTANT COMMITTEE determine who have passed satisfactory examinations in education and in practical teachin«]f in view of the results, wliich, includin^j; exaniinationquestions andanswers shall be remitted to tlic ]'>oard l>y the university examiners, and in view of tlie recommendation of tlie professors of education The Central lioard of Exaijiiners is em- powered to set one half of the <|uestions in education, and to prescribe tests of ability to teach and to govern, which must be followed in snch examinations. (b) Women graduates who have taken German in- stead of Greek may receive academy diplomas entitling them to act as assistants in any academy. They are subject to the same conditions as to ranking in their subjects as are the men. , ^ , .. ,. , 23. A person holding a diploma as teacher grantcMl by extra provincial examiners, who desires to obtain a diploma for this Province, shall submit to the l*ro- testant Committee the following documents : (a) A programme showing the subjects and the nature of the examination upon which he obtained hh extra- provincial diploma ; (b) A certified statement of the marks obtained in each subject of the examination ; (c) The diploma which he holds ; - - ^ (d) A certificate of age, and a certificate of moral character according to the authorized Form No. 1 ; If these documents are satisfactory the Superinten- dent may, if necessary, grant a permit to teach until the date of examination. In view of these documents the Protestant Com- mittee shall determine wdiat examinations if any the candidate is to undergo, and to what di})loma he shall be entitled, and shall notify the Secretjxry of the Central Board of Examiners accordingly. The candidate shall ■■i'< nOARD OF EXAMINERS 13 remit for tho Contriil Boanl of Examiners a fee of live dollars \vitli his application and shall roceivc notiH- cation of the days of examination, wliii'h shall he held in the McGill Xornial Si'hool at the same time and on the same exanjiiiation ]»apers as those of the eorres- pondinjj; examinations for teachers-ij-tiainin«^'. If no examination is recpiired the diploma as recom- mended hy the Trotestant Committee shall he issned by the Central I)oard of examiners at its annnal meet- ing, after payment of the ahove fee. 34. When a teacher-in-trainini^^ through sickness or other cause fails to pass the requisite examinations to receive a diploma the Central Board of Examiners may on the recommendation of the Principal of the Normal School, hy a two-thirds vote of those ])resent at the dis- cussion of the cage, grant a diploma, or ])ermit the return of the candidate to renew his course tlie next year or permit him to return for any of his examina- tions at the close of the next year, and, if he be suc- cessful, grant him a diploma. ' ■ ^ ■ 25. Upon representation made in writing to the l*iotestant Committee of the Council of Public In- struction by the inspector of any district, or by the inspector of superior schools, that a teacher holding a diploma and teaching in a certain school within his inspectorate, is not in his judgment qualified for the due discharge of the duties of the otlice held by such teacher, the said teacher may be required l)y the l*ro- t(^stant Committee to present himself, or herself, before the lioard of Examiners and Ix; re-examined. Tn such cas(; the Protesiant Committee shall inform the Central Board of Examiners, as well as the teacher I' 1 14 REGULilTIONS OP THK PROTESTANT COMMITTEE concerned, what examinations will be required, and what grade of diploma shall be issued if the candidate be successful. 36* Each person who is not a teacher-in-trainin«,' of the McGJll Nonnal School, but who applies for a diploma under the provisions of sections 22, 24, or 25 must send an application for admission to such exam- inations as may be requisite, according to form No. 3, to the Secretary of the Central Board of Examiners on or before April 15th preceding the examination together with the certificate of character, form No. 1, duly signed, an extract from a register of baptism or other satisfac- tory evidence showing that he is of the age required, and the requisite examination fee. In these cases, the examination fee shall bo for each elementory diploma two dollars and for each model school diploma three dollars, and for each academy diploma four dollars, hut no examination fees shall be required from t-eacliers-in- training attending the McGill Normal School in ele- mentary, model school or kindergarten classes. The fees sliall be used in paying the expenses of the Central Board of Examiners. The fee shall not be returned to a candidate who has failed to obtain a diploma, but at the next examination such candidate may again pre- sent himself without extm payment. 2T« Candidates holding model school or elementary diplomas granted under the regulations of the Protes- tant Committee before 1st of January, 1887, or second class model school diplomas or elementary di])lomas granted before tlie 1st of Se])tember, 1897, who pre- sent to the Central Boaixl of Examiners a certificate or certificates from a school inspector or schools inspectors that they have taught successfully for five years after M ROARD OF KXAMINKRS 16 ;"?^; Ms obtaini?ig such diplomas may oxchange them for dip- lomas for the same grade of school, under these re- gulations, on payment of a fee of two dollars. 28. To the Central hoard is committed the power of admitting teachera-in-truining to the several classes of the McGill Normal School. Its powers in this behalf are defined under the head " Normal School." 30. The Central Board of Examiners is empowered and required : (a) To ]) nare and issue all forms of diplomas, cer- tificates ano tabulated reports which it may retjuire in addition to the forms provided in the law or in these regulations. {b) To determine the time and the manner in which any report required by it shall be made. (c) To determine all details of time and manner of conducting examinations for admission to the Normal School and for teachers' di])lomas, not provided for by law or by the regulations of the Protestant Committee of the Council of Public Instruction. (d) To be custodian of all examination papers, keep- ing them for one year subject to the call of the Prot- estant Committee of the Council of Public Instruction. {e) To observe and to cause to be observed all laws and all regulations of the Protestant Committee of the Council of Public Instruction, touching the duties com- mitted to the Central Board of Examiners. (/) To report to the Protestant Committee of the Council of Public Instruction as that body may direct. I 16 KEGULATIONS OF THE PROTESTANT COMMITTEE : KULES FOR EXAMINATIONS ; • ." J50. The following rules sluill govern uU cxiiniin- ations conducted for or by the Central J'oiird of Kxiun- iucrs, and shall be read to candidates before the lirst of the series of examinations. 1. The cpndidatesare to be placed in the examination room, so as to prevent copying, or communication of any kind between them. One candidate only shall be placed at each desk which he shall occupy throughout the examination. 2. At the hour appointed for the examination, the candidates being in their allotted places, the examination papers for that hour shall be distributed to the can- didates. o. The examination papers or any question therein may be read aloud to the candidates by th' de])uty examiner, but no explanation whatever shall ue given as to the meaning or purport of the questions. 4. No candidate shall be permitted to enter the ex- amination room after the expiration of one half hour from the commencement of the examinations, nor after a candidate has left the examination room. Any can* didate leaving the examination room after the issue of the examination papers in any subject shall no' be per- mitted to return during the examination of the subject then in hand. 6. No candidate shall give or receive assistance of any kind in answering the examination questions. Any candidate detected (a) in taking into the examination room or having about him any book or writing from which he might derive assistance in the examination, (6) in speakingto or applying to other candidates under aviy circumstances whatever, (o) in answering under any A- -■Jf,: TEE cxuiiiin- L)f Kxaiii- le first of "^5 ,s. .- EXAMINATIONS 17 jiiinatioii cation of acli (k'sk atioii. itioi), tlio iiiii nation the can- in tlieicin ;' de])iity oe given the ex- lalf hour nor after Any can* e issue of c' be per- e subject ice of any IS. Any imi nation ;in<4 from niination, tes under mder any ':j^- circumstances wliateyer a])j)lication3 from oilier can- didates, (d) in ex])osing written papers to tlie view of other candidates, (e) in endeavoring to overlook the work of other candidates, shall be immediately dismissed from the examination. The plea of accident or forget- ful ness shall not be received, 6. Candidates shall write their answers on one side only of the pa])er, and shall use no other paper than that provided for them. The use of blotting paper for rough drafts or for any writing whatever is strictly forbidden. But rough drafts may be made on the back of the paper provided. 7. At the close of the examination all the paper, in- cluding the blotting paper, furnished to a candidate must be returned to the deputy examiner. 8. No candidate shall have access to his answers, and no alteration shall be made in a candidate's an- swers after they are delivered to the deputy examiner. 9. No persons, except those taking part in the ex- amination, shall be admitted into the examination room during the examination, and no conversation nor anything that may disturb the candidates shall be allowed. 10. The candidates shall be under the direct and careful supervision of the deputy examiner from the beginning of the examination to its close. 11. The deputy examiner of each local centre shall sign the following declaration at the close of the ex- amination and forward it to Quebec. " I hereby solemnly declare that the examination of has been conducted strictly in ac- cordance with the special regulations prescribed for such exannination, that the envelopes containing the 18 REGULATIONS OF THE PROTESTANT COMMITTEE printed examination papers furnished by the Central Board of Examiners were opened in tlie presence of the candidates, that the answers were collected at the time specified, and that the answers as forwarded to the secretary have been given, to the best of my know- ledge, by the pupils themselves, without assistance from the deputy examiner, fellow pupils, memoranda or text book, during the time of examination, and liave not been accessible to unauthorized persons. (Signature,) Deputy Examiner." 12. The deputy examiner shall send with the above declaration a i>hin of the examination room setting forth the position occupied by each candidate. ;{|. The secretary of the Central Board of examin- ers shall cause to be provided at each local centre (a) a suitable room in which to conduct the examination, (h) a supply of stationery, and (c) the required number of examination papers. ■.> . III. CONCERNING THE MCGILL NORMAL SCHOOL. 33. The McGill Normal Scliool in the city of Mont- real is estiiblished chiefly for the purpose of training teachers for the Protestant population, and for all other religious denominations of the Province of Quebec other 'EK MCGILL NORMAL AND MODEL SCHOOL 19 Central lence of at the rdcd to y know- isi stance, noranda nd liave >> nner. lie above inu" forth examin- re (rt) a ition, (h) nil)er of than the Roroan Catholic. The studies in this school are carried on chiolly in English, but French shall also be taught. . ' ' ' 3S> The Corpciatioa of McGill University is asso- ciated with the Superintendent of Public Instruction in the direction of the McGill Normal School under the regulations of the Protestant Committee and it is au- thorized to appoint a standing committee, consisting of five members, called " The Normal School Committee," which shall have the general supervision of the affairs of the Normal School. 34- It shall be the duty of this Committee, in con- junction with the Superintendent of Public Instruction, under the regulations of the Protestant Committee of the Council of Public Instruction, to watch over the interests of the school, to supervise its expenditure, to make by-laws for its government, to provide for 'all un- foreseen emergencies, and to employ from year to year assistants in the Normal and Model Schools other than the principal and professors of the Normal School and the head master and head mistresses of the Model Schools. THE STAFF OF THE MCGILL AND NORMAL SCHOOLS. r.. )f Mont- training [ill other )ec other 35* The Professors of the Normal School shall be divided into two classes, ordinary professors and associate professors. These shall be under the direction of a principal, who, as such, will have particular duties to perform, for which he will bear the responsibility. Any one of the ordinary professor^ may be chosen to till the office. 17 20 KEGUIATIONS OF TUB PROTESTANT COxMMITTEE 2. Each oivlinary professor may be rer^uired to teach several branches of study, and to devote the whole of his time to the Normal School. 3. Tlie associate professors shall teach one or more separate branches, and shall not be required to devote the whole of their time to the school. «J6. There shall be a head master of the Boys' Model School, a head mistress of the Girls' Model School and a head mistress of the Primary School, and they shall be under the general direction of the prin- cipal of the Normal School. ANNUAL SESSIONS OF THE NORMAL AND MODEL SCHOOLS. SIT* The Annual Sessions of the Normal and Model Schools shall begin on the first school day of September of each year and end in the Normal School on the last school day of May, and in the Model School on the last school day of June. Such holidays shall be ke]>t as are prescribed by the Protestant Committee of the Council of Public Instruction, or bv the Normal School Committee. 88* The course of study in the Normal School shall be drawn up by the Principal of the Normal School, and submitted to the Protestant Committee of th6 Council of Public Instruction for approval. The model schools shall conform as closely as pos- sible to the authorized course of study for elementary and model schools. :f^^' •U: f Mi 4;*- : ■ ADMISSION TO THE NORMAL SCHOOL MODE OF ADMISSION TO THE NORMAL SCHOOL. 21 5IO. The Central Board of Examiners alone have the right to admit to the several courses of study in the McGill Normal School. 40« Any British subject who produces a certificate of good moral character from the minister of the con- gregation to which he belongs, and evidence to show that at the time of his application he has entered upon the seventeenth year of his age, may be admitted to examination for entrance into the Elementary Class of the McGill Normal School. 41. Each candidate for admission to the Elementary Class shall notify the Secretary of the Central Board of Examiners, in accordance with Form No. 3, on or before the loth April next preceding the examination, of his intention to present himself for examination. Each candidate shall at the same time deposit with the Secretary of the Central Board, first a certificate of good moral character, according to the authorized Form No. 1, signed by the minister of the congregation to which he belongs, and by at least two school commissioners or trustees or school visitors of the locality in which he has resided for six months during the preceding two years ; second an extract from a register of baptisms or other sufficient proof, showing that he is of the re- quisite age. Each candidate shall at the same time pay to the Secretary of the Central Board of Examiners the sum ' of two dollars. This fiio shall be used in paying the expenses of the Central Board of Examiners. The fees shall not be returned to a candidate who has failed to enter the Normal School, but at the nex t 22 REGULATIONS OF THE PROTESTANT COMMITTEE examination such candidate may again present himself without extra payment* 42. On receiving the candidate's notification, cer- tificates of moral character, satisfactory evidence of age, and examination fee, the Secretary of the Central Board shall notify the candidate of the place and time of the examination, and shall also notify the deputy examiner or examiners at the centre of examination chosen, to admit the candidate to the examination of the second grade academy, or to such of the examinations as may be indicated by the Central Board of Examiners. The answers of all such candidates shall be written on a paper of a special tint, shall be promptly read and valued with other answers to the same questions ; then collected and sent with another copy of the questions submitted and a statement of the results to the Secre- tary, who shall submit the whole to the Central Board or to a sub-committee of that Board. In view of the results and tLe answers submitted the Central Board of Examiners or its sub-committee shall authorize the candidate to enter the Normal School for the four months' course or for the nine months' course in the elementary school class, or shall refuse admissio-n, as each case may warrant. But when a candidate is authorized to enter for the four months' course he may, if he choose, enter at the beginning of the session for the nine months' course. ;r.f 'loiders of elementary school diplomas are ex- s . ■ . ii examination for entrance to the elementary 44- Any British subject who produces a certificate of good moral character according to the authorized form, and evidence to show that at the time of his ADMISSION TO THE NORMAL SCHOOL 23 i-.,'. application he has entered upon the eighteenth year of his age, may be admitted to examination for entrance into the model school class of the McGill Normal School. 4»5. Each candidate for admission to the Model School shall at the same time and in the same manner as candidates for admission to the elementary school class give notification and deposit a certificate of good moral character and satisfactory evidence of age, together with an examination fee of four dollars, which sum shall admit, in case of failure, without further pay- ment to the examination of the year next ensuing. 46. Examination for admission to the model school class shall be either the examinations in the Normal School for the advanced elementary diploma, or the A. A. examinations of the universities. On receipt of the notihcation, certificate of moral character, examination fee and satisfactory evidence of age, the Secretary of the Central Board shall notify the candidate of the place and time of the examination, and shall also notify the Principal of the Normal School or the Secretary of the university examiners, as the case may be, to admit the candidate to examination. If the examination chosen be that of the A. A. exam- iners, he shall remit the examination fee to their Secretary. 4'7. Persons who already hold elementary school diplomas are exempt from the examination fee and will be liable to examination only in Algebra, Geo- metry, Latin and French, with such additional sub- jects as in the judgment of the Central Board or its sub-committee may be deemed necessary in particular ijistances. But satisfactory evidence of having taught m 24 REGULATIONS OF THE PROTESTANT COMMITTEE successfully for eight months shall give exoinption from such examinations. 48. No evidence of standing at the A. A. examina- tions other than the certificate of the universities shall be taken. For admission to the model school class of the Normal School such certificate must sliovv that the candidate has j)assed in Latin, Frencli, Algebra, Geo- metry, and English Language or English Literature, Such* candidate, who has failed to enter the Model School Class, may be admitted to the Elementary Class. 40« Admission to the class for Kindergartners shall be granted by the Central Board of Examiners or its sub-committee only to such persons as holding advanced elementary school diplomas, notify the Secretary of the Central Board on or before the fifteenth day of April in any year, of their wish to enter this class, and are re- ported by the Principal of the Normal School to possess the necessary special fitness for Kindergarten work. 50« Authorization to enter any class of the McGill Normal School holds good for two years from the date of the issue, but no longer, and is forfeited by failure to pass the semi-sessional examinations to tlie satisffxction of the Principal of the Normal School. 51» The Central Board of Examiners may admit to any class, in exceptional cases, persons whose qualifi- cation may be insufficient for entrance. Such persons may be excluded from the school by the Principal when- ever he may judge it best so to do; but none shall be permitted to enter or to remain on trial after the semi- sessional examinations. It . CONTINUANCE IN THE NORMAL RCIIOOL 25 52. No candidate is admitted to the Normal School until the })rovisiong of the school law respecting admis- sion have heen fultilled. CONDITIONS OF CONTINUANCE IN THE NORMAL SCHOOL. 58. Persons admitted to tlie Normal School must attend on the first day of the opening and must there- after attend punctually every day of the session, or give reasons satisfactory to the Principal of the School for their absence or tardiness. 54. In order to continue in the Normal School teachers-in- training must maintain conduct and char- acter suitable to their present i)osition and their future calling. 55. Each Drofessor, lecturer or teacher shall have tlie power of excluding from his lectures any student who may be inattentive to his studies, or guilty of any minor infraction of the regulations, until the matter can be reported to the Principal. 50. The Principal of the school shall have power to suspend from attendance any pupil, for improper con- (hict or neglect of duty, for a week, or when he deems it advisable to submit the case to the Normal School Committee, until the next meeting of that body. 57. Tiie Normal School Committee shall be em- powered for any grave cause to expel any teaclier-in- training from any class. 5S. Teachers-in-training vvlio leave the Normal Scliool in the middle of a session, are expected to assign ""r'^jiy? "fyjiLi"" "* 26 RKGULA.TIONS OF THE PROTESTANT COMMITTEE to the Principal satisfactory reasons, accompanied in case of failure of health by a medical certificate. Neglect to comply with this regulation will be a bar to future admission to the Normal School. 59. Teachers-in-training must give their whole time and attention to the work of the school, and are not permitted to engage in any other course of study or business during the session of the school. OO. All teachers-in-training in order to continue in the Normal School must pass the Christmas semi- sessional examinations to the satisfaction of the Prin- cipal. ATTENDANCE ON RELIGIOUS INSTRUCTION. 01« Teachers-in-training will be required to state with what religious denomination they are connected ; and a list of the students connected with each denomina- tion shall be furnished to one of the ministers of such denomination resident in Montreal, with the request, that he will meet weekly with that, portion of the teachers-in -training or otherwise provide for their re- ligious instruction. Every Thursday after four o'clock shall be assigned for this purpose or such other hour as may be determined by the Normal School Committee. In addition to punctual attendance at weekly religious instruction, each student will be required to attend public worship at his own church at least once every Sunday, 'j-^^y. r::^. ;■.■■-<...;.:'■/..; ',;;>, \^v'-.n':v/-.:'v^:^':..- v ;f i ^■\y EE BOARDING HOUSES 27 iiied ill 'tificate. 1 bar to )le time are not Ludy or tinuo ill 3 semi- le Prin- io state nected ; lomina- of sucli request, of the lieir re- o'clock hour as imittee. eligious attend B every - ♦■/?•••..■ . BOARDING HOUSES. OU. The teacliers-in-training sliall state the phice of their residence, and those who cannot reside with their parents will be permitted to live in boarding lionses, but in such only as shall be specially approved of. No boarding houses having permission to board male teachers-in-trdiiijiig will be permitted to receive female teachers-in-training as Ijoarders, and vice versa. 2. They are on no account to be absent from their lodgings after half-past nine o'clock in the evening. 3. They will be allowed to attend such lectures and public meetings only as may be considered by the Principal conducive to their moral and mental im- provement. 4.^ A copy of the regulations shall be sent to all keepers of lodging-houses at the beginning of the session. 5. In case of lodgings being chosen by parents or guardians, a written statement of the parent or guardian shall be presented to the principal. 6. All intended changes of lodgings shall be made known before hand to the Principal or to one of the professors. 8. Special visitations shall be made in case of sick- ness being reported, either by professors or by ladies connected with the school ; and, if necessary, medical attendance shall be procured. 9. Students and lodging house keepers are required to report, as soon as possible, all cases of serious illness and all infractions of rules touching boarding-houses. ,v.^-' •T*^ » II»'-UJ — . 28 RKGULATIONS OF THE PROTESTANT COMMITTEE PEES. OSI. KiiL'li teai'liur-iii-ti'ainiiig, wliudiii'in;^ {ittondanco at the school resided at home with parents or guardians shall pay montldy in advance the sum .^f four dollars ,s(;hool fee. The Principal of the school is ])ermittedto wait until the end of the fifth day of the mouth for payment, hut no longer; if the amount he not then paid the teacher-in-training must withdraw from tlie school until the amount is paid, hut if it ))e not jmid within the next five days, that is l)efore the tenth day of the month the delinciuent teachcr-in-training shall he held to have witlidrawn, and his name shall he re- moved from the l»ooks of the school. BURSARIES. 64- Each holder of an advanced elementary dip- ' loma or of a model school or kindergarten diploma on * • showing that he has taught successfully in some school . of tliis I'rovince under the control of school commission- ers or school trustees other than thi' Protestant Board of School Commissioners of Montreal -hall he paid hy ■ the Principal of the Normal School, out of its funds, : the sum of two dollars for each month cf such success- ful teaching, not exceeding eight months in each year, (luring each of the two scholastic years immediately ' succeeding the award of his diploma. If in two years of consecutive attendance at the Normal School a teacher-in-training has taken an advanced elementary diploma and either a model school diploma or a kinder- garten diploma the amount to be paid shall be four ' , rTEE TRAVKLLING EXPENSES 29 itondaiicu guardians ir dollars •mi tied to 1101 ith for not then from tlie not paid ientli day in.i^ shall all 1)0 re- dollars for each month ; if three sessions of the Normal Sehool elapse between the admission of the teacher-in- training and the conferring of the second diploma the amount to be paid bhall. be three dollars for each month. ^ HSi» Succ(!ssful teaching shall be shown by sub- mitting at the annual meetiuij; of the Central Board of Examiners a certificate according to form ;"> signed by the chairman or by the secrettiry-treasurer of each board under which the teacher has tauglit and by each school inspector in whose district of inspection he has taught. But the signature of any school inspector stating that he was unable to visit the school during the incumbency of that teacher shall be accepted. iary dip- iloma on le school mission- nt Board J paid by ts funds, success- ich year, lediately wo years school a mentary I kinder- he four . TRAVELLING EXPENSES. IJO. On being awarded an advanced elementary dijdo- ma, a model school diploma, or a kindergarten diploma, each teacher-in-training at the McGill .Normal Irfchool shall be paid by the Brincipal of the Normal School, out of its funds, the sum of three cents lor each mile that his home, in the Province of Quebec, is more than lifty miles distant from the city of Montreal. 07« All teachers-in-training who pass the semi- sessional examinations in the Normal School with GO per cent., of the total marks and who have not fallen below 50 per cent., in anyone of the groups of sulijects, English, Mathematics, French and MiscellaiUMjus, nor in any one of the subjects re(iuired by the authorized course of study for schools of the grade which they 30 REGULATIONS OF THE PROTESTANT COMMITTEE aspire to teach, nor make more than one mistake in S])elling in one hundred words of dictation chosen from any authorized text book, shall be entitled to continue in their classes after Christmas. Except by the special permission of t^e Principal, no others shall be entitled to this privilege, 68. All teachers-in-training who attain the stand- ards defined above at the final examinations in the Normal School shall be entitled to diplomas of the grade of the class to which they belong ; and except with the concurrence of two thirds of the members of the Central Board of Examiners who may be present at the discussion no others shall receive diplomas. But the Central Board of Examiners may grant an ele- mentary diploma to a teacher-in-training who frils to pass the examinations in the Model School Class, or the examinations for the advanced elementary diploma. 69. All holders of elementary school diplomas ob- tained by reaching the standards defined above shall be entitled to admission to the Model School Class ; no others without the special permission of the Central Board of Examiners. TO. Whenever it is evident, from the report to the Superintendent, or from the papers of the candidates submitted to the Protestant Committee, in accordance with E .;. 2y (d) or for other reasons, that any partic- ular examination has not been conducted in accordance with the provisions of the law and these regulations, the Protestant Committee of the Council of Public Instruction may declare, either, first, one or more dip- lomas gmnted at said examination, or, second, the wliol e or any part of the proceedings of said Central Board of Examiners f^t any meeting, null aud void, in which cage ITTEE mistake in losen from 3 continue the special be entitled the staud- ns in the las of the nd except lembers of present at mas. But Qt an ele- hio fpils to I Class, or y diploma. plomas ob- ^^e shall be Class ; no le Centml 3ort to the candidates iccordance ny partic- iccordance gulations, of Public more dip- the whol e Board of i^hich cage CLASSIFICATION OP SCHOOLS 31 the Central Board of Examiners and the candidates who received diplomas shall be notified thereof by the Super- intendent. IV. l CONCERNING THE CLASSIFICATION OF SCHOOLS. Tl. The educational institutions of the Province are divided into Elementary Schools, Institutions for superior education and Normal Schools for the instruc- tion and training of teachers. T2« Protestant Institutions of Superior Education are classified as follows : 1. Chartered Universities and incorporated Colleges affiliated thereto, which are required to make a return of their annual written examinations to the Superin- tendent in addition to the annual report made by such institutions. 2. Academies and High Schools providing instruc- tion, in English, French, Classics, Mathematics, and Science, adequate to the standard of matriculation in the Universities or for the Certificate of Associate in Arts. 3. Model Schools providing instructiou in Algebra, Geometry. French and the Latin elements, in addition to the subjects of the elementary schools. TS- The following shall be the course of study for Protestant Elementary Schools, Model Schools and Academies. .■-• COURSE OF STUDY. 37 ACADEMY GRADE III MODEL SCHOOL AND GBA^E I. AGADEHT. GRADE II. GRADE III Easy exercises in siiii- ple Equationsof one unknown quantity the simple tules. Euclid, Book 1, 1-26, with at least five deductions. Adjectives and Pro nouns, with written Exercises, Regular Verbs of the four conjugations. Trans- lation, Dictation. The four conjuga- tions. Regular and Irregular, with written exercises, Coesar's Helvetian War, Chap. I. 10, Welch & Duffield. Factoring, Fractions, C. C. M. & L. C. M., Simple Equa- tions and Review. Euclid, Books 1 and II, with at least ten additional de- ductions. Verbs, Regular and Irregular, written Exercises, Trans- lations, Dictation, Memoriter repro- duction of a brief narrative read in French. Caesar Bell. Gall., Lib. I., Grammar and Syntax. Basy Prose Composition. Grammar, accidence with exercises. Quadratic Equations, Involution and Evo- lution and review, as in A. A. Exam- inations. Books I, II and III, M'ith at least fifteen additional deduc- tions. Grammar, easy trans- lation from French into English, and from Eiiglish into French. The repro- duction in French of an easy narrative read in French. Re- petition, Caesar. -Bell. Gall., Bks. I. and II. Latin Grammar. Virgil.— ^neid, Bk. X* Prose Composition, based on the pre- scribed prose text, and Easy Transla- tion at Sight. Xenophon. — Anaba- sis, Bk. I. Greek Grammar. Prose Composition, based on the pre- scribed prose text, and Easy TransU' lion at Sight, 38 REGULATIONS OF THE PROTESTANT COMMITTEE. MODEL SCHOOL ii^ SUBJECTS. GRADE I. GRAD15 II. • Hygiene Onu half-hour per week for each grade. Draxoing No. 2 Dominion Free- hand Drawing Course. \ 1 No. 3 Dominion Free- hand Drawing Course. Special Ooiirse, Grade Subjects. As above Scripture, English, A- rithmetic, Geography, History, French, Hy- giene, Drawing, and at least one of the fol- lowing : Algebra or Latin. % V r Note. — I. One or more of these subjects, as may be determined by II. The examinations in Reading, Writing, Oral French, ed by the local school authorities, but the Inspector Pupils are required to pass the Provincial Examiiia- grades. COURSE OF STUDY. 39 rACADEMY GRADE III. MODEL SCHOOL AND GRADE I. AOADEMY. GRADE II. GRADE III. No. 4 Dominion Free- hand Drawing Course. Scripture, English, Arithmetic, Geo- graphy, History, French, Hygiene, Drawing, and at least one of the following : Alge- bra, Geometry or Latin. No. 5 Dominion Free- hand Drawing Course. Botany, Chemistry, Physics, Physiolo- gy, »nd Agricul- ture. — See Note I. Scripture, English, Arithmetic, G e o- graphy, History, French, Drawing, and at least two of thefollowinggroup I : Algebra, Geometry, Latin, Greek. And at least one of the following group II : II. Physics, Chemis- try, Botany Phys- iology, Agricul- ture. General Review of Freehand and Geo- metrical Drawing, with Perspective and Model Draw- ing. Trigonometry, Bota- ny, Physics, Che- mistry, Physiolo- gy, and Agricul- ture. — See Note I. At least six subjects as prescribed for the A. j^A. Certi- ficate. the local school authorities. Hygiene, Drawing and Book-keeping, are determined and conduct- of Superior Schools will inspect and report on thest subjects, tion iff the rea|<:^inin^ subjects as indicated under the tespectiy^ 40 REGULATIONS 01? THE PROTESTANT COMMITTEE (D ^ 0) 0) H-3 .S'- _^>S« . It, u ^'Mft* 0} • ^H • • R .^ to ^5 "^ t-3 2 ^•5 2 ^L H CO w O « 0) » *■* t) o ®^ • as ^•^ » a* a .Son O CO — ; - -c S "^ > ►^ rt 'oo "x _/;> jH o si c 3 4) 2 >x O 00 O Ml 1-3 X O "X O rS O "^ « ^ S ''' ® -a Id '. h5 .C r- QO , 1^ CO ■^ •> ^ ^ o c S CO ^ PU_ Q o o c . S o O «j CO CO I 1^ o C ^ P4I-H o ! W 43 «a OB o O Q I' S M ?! g S 52. -rt-i < OS « -1-. s ^> Ucs B o — X «*5 M *- O «5j 4 -, ^ © ft* .2©ft,^ jSs5g^^^ = ?o\ © H d" s < Bini.K STU1>Y 41 £ ui JW, s> it ©no > S ®l-5 O c » •^ ai^ e^ y-» I O cS p.ii o- O Ui CO u « > « ^ s 2 c Q 5 c y X ^ c T ^ [> r a) «S i5§ CO l~^ © ssia 0} (M ^ ^^i2 ?o « *» Ph "v e jj a T 1^^ » m tj a 2 ».^ G 5? fci C ■" B . PC a a ^ fS H s;^ 2 'HH n H O 'M o © ©^ © CO 5 « w ! 42 REdULATIONS OF THE PROTKSTANT COMMITTEE Academies and Model Schools. T4% In order that an institution may be recognized as an Academy it must fulfil the following conditions : 1. It must he under the control of, and receive finan- cial support from, the school board of the municipality in which it is situated. 2. A suitable school building, furnished with the necessary appliances, must be provided. 3. It must be organized in three departments, viz : Elementary, Model School and Academy. 4. Three teachers must be employed, one of whom must hold an academy diploma. 5. The teachers must be engaged at fixed salaries by the school board. 6. The authorized course of study must be followed in each department. 7. The pupils must pass satisfactorily the annual written examination prescribed for such schools. 8. It must remain in session at least one hundred and eighty days during the year. T5. In order that an institution may be recognized as a Model School it must fulfil the conditions prescribed for Academies, except that it may be organized in two departments, elementary and model, under two teachers, one of whom must hold, at least, a model school di- ploma, « •76. It shall be competent, however, for the Pro- testant Committee to recommend a special grant to one school in a county, when the conditions requisite for a Model School or an Academy have not been fulfilled, ACADEMIKS AND MODKL SCHOOLS 48 - 77» No institution is allowed to rliiinj^c tln) title under which it is known, so as to trausft3r it from onu grade of institution recognized by law to a higher grade, without being previously authorized to do so by the Protestant Committee. •78. Every pupil desiring to enter the moilel school department of a superior school must undergo an examination in the subjects of Grade 111. ElementJiry Course, and pupils desiring to enter the academy department must undergo an examination in the sub- jects of the Grade II. Model School Course. TO. The school board shall fix a uniform scliool fee for each department of a superior school so that there may be one fee for the whole course of study of each department. SO. Academies and Model Schools, that receive no grant in any year, must make application if they desire to be inspected by the inspector of superior schools the following year. 81, Academies and Model Schools are required to send to the Department of Public Instruction, before the first of July each year, specimens of school exer- cises in Writing, Drawing, Map Drawing and Mathe- matics, prepared upon the approved form of paper, and these specimens shall be taken into consideration in the distribution of the grants. Inspection of Academies and Modhl Schools. H2* It is the duty of the Inspector of Superior Schools : 1. To inspect the Protestant Academies and Model Schools of the I*rovince at any time from the Xst of 44 REGULATIONS OF THE PROTESTANT COMMITTEE October to the Ist of May, giving one day at least to- tlie inspection of each Model School and two days to the inspection of each Academy ; 2. To examine the buildings and furnishings of each school, and the condition of the outhouses ; 3. To note the number of pupils on the roll, and the number present on the day of inspection ; 4. To ascertain how far the course of study is being carried out in each school and what, if any, are the obstacles to this being done fully ; 5. To inquire into the work and tlie progress of the work in the several grades ; 6. To examine the time-table, and ascertain whether it is judiciously framed or not ; 7. To take notes of each teacher's method of con- ducting his clases, whether he enlists the interest and attention of his pupils, whether there are indications of careful preparation for the work on his part or not ; 8. To note t^e strong and weak points of each school ; 9. To give each teacher, privately, such judicious hints and suggestions in the conduct of his school as may seem necessary in the circumstances ; 10. To fill up the bulletin furnished by the Super- intendent for each school ; 11. To submit a general annual report upon the prescribed work of inspection at the September meeting of the Committee, along with the tabulated returns of the results of the writter lamination, and to submit an interim report upon ae work of inspection at each of tlie three remaining quarterly meetings of the Com- mittee ; 12. To prepare the examination papers in accordance with the authorized course of study, in Academies aud Model Schools, and to submit them to the sub-com- mittee on examinations, for revision and approval. iji in tlTTEE ACADEMIES AND MODEL SCHOOLS 45 at least to iwo days to ugs of each d[], and the dy is being ly, are the ress of the lin whether lod of con- nterest and dications of or not ; iiich. school ; h jiidicions s school as the Super- t upon the 3er meeting returns of to submit ion at each )f the Corn- accordance xlemies and e sub-com- )roval. HHm The Inspector of Superior Schools shall, in the tabulated returns of the written examination, report in regard to each school : — 1. The number of pupils on the roll for the term in which the examination is held, and the number present on the day of examination. 2. The number of pupils presented for examination iji each grade. 3. The number of pupils not classed in any grade, and the subjects taken by them. 4. The number of pupils that have passed in each grade, and the number that have failed in each. 5. The information required in the form of report, in which the standing of the pupils in the several grades shall be given, and separately the standing of tlie ungraded pupils in the subjects which they have taken, along with a copy of the examination papers. = Written Examination of Academies and Model ■y^\''''^' ^v'-v Schools. , : — ■ ' . - '^■,., S4. There shall be an annual written examination of the Protestant Academies and Model Schools hehl simultaneously under the direction of local deputy- examiners appointed by the Protestant Committee. The examination papers shall not be sent to a school which refuses to remunerate its deputy-examiners. HSi. In these written examinations pupils shall be considered as having passed in their respective grades provided they pass in all the grade subjects specified in the course of study, However, pupils who fail in not more than two subjects may be passed at the dis- cretion of the examiners when the aggregate of marks is high euougli to justify sucli exceptional action. 46 REGULATIONS OF THE PROTESTANT COMMITTEE L— ^Jl' 86. The papers for these examinations shall be prepared by the inspector of superior schools. Pupils who pass in the subjects prescribed for their respective grades will be entitled to receive certificates to this effect from the Department of Public Instruction. HT. Pupils of Grade III. Academy Course, shall take t]ie University School Examinations for the Cer- tificate of Associate in Arts and those who pass for t' certificate of Associate in Arts shall be held to ha » e passed in their Grade. 2. No pupil shall be allowed without the concurrence of the Inspector of Superior Schools, to proceed to these examinations from any of the Superior Schools under the supervision of the Protestant Committee bfjfore having passed in Grade II. Academy. •< . 3. No pupil shall be accepted for these examinations from a Model School that is not equipped as an Acad- emy in point of staff. ,i 88. The examination of the pupils of Grade III. Academy Course, for the certificate of Associate in Arts, will be in accordance with the Standard prescribed in the course of study for that grade. H9o The examination shall be held during the third week m June, 00« Pupils over eighteen years of age may receive the certificates of the Universities and the title of Associate in Arts, but they shall not be ranked with the other candidates. m. The examination papers, including those for the A. A. Examination, shall be distributed from the De- partment of Public Instruction by the inspector of superior schools, and the answers of the pupils shall be ACADEMIES AND MODEL SCHOOLS 47 returned to the Department in accordance with instruc- tions to deputy-examiners. The answers of the pupils of Grade III, Academies shall be transmitted directly to the secretary of the Board of Examiners of the Uni- versities, for examination and report thereon for the information of the Protestant Committee. 02- The maximum number of marks for each subject shall be as follows : — In Gmde T. 50 ; in Grade II. 75 ; and in Grade III. 100. In the examination, pupils shall not be considered as having passed in any subject unless they have obtained at least forty per cent (and in the case of Reading and Dictation seventy-five) of the marks attainable in that subject. 93. The examination papers prepared by the inspector of superior schools shall consist of nine questions in each subjecit, aiTanged in three groups, only one ques- tion from each group to be answered by pupils of Grade I. and II. Model School Course, and two from each group by pupils of other Grades. » 94« Two papers shall be prepared for the Academy Grades I. and II. on each of the subjects of English, Geography and History in accordance with the course of study, but at the option of the teacher, the deputy- examiner may adopt one of tht3 two as the examination ppper for the two grades. No pupil, however, shall select questions from more than one of such papers. 95. In order to be eligible for examination a pupil must be in attendance ninety days at least, during the current scholastic year. 96- 1. Associates in Arts who have passed in Latin, Greek, Algebra and Geometry, may, without further examination, enter the Faculties of Arts of the two 48 REGULATIONS OF THE PROTESTANT COMMITTEE Universities of McGill College and Bishop's College. Those who have passed in Algebra, Geometry and Tri- gonometry, may enter the Faculty of Applied Science of McGill University. 2. The Secretary of the Protestant Committee will, on application, furnish successful pupils with evidence of theii {jualifications with reference to the Normal School ano the Board of Examiners.* 1I7» Deputy-examiners shall observe the instruc- tions given in regulation 30. V. CONCERNING THE DUTIES OF SCHOOL COMMISSIONERS AND TRUSTEES School Grounds 9Hm School sites shall, when possible, be in dry elevated positions, easily accessible, and provided with good water. 00« School sites shall, when possible, be isolated and so situated that the surroundings will not interfere with the work of the school room nor with the morals of the pupils. lOO* School sites shall be as far removed as possible from swamp, or cemetery. * Note. — No fees will be exacted for the examination of pupils of Academies under the control of the Protestant Committee, but in order to obtain the certificate from the Universities the pre- scribed fee, viz. ; $4.0U for A. A. certificates, niu^t be paid to the Secretary of the University Examiners. 1 I rTEK College. r and Tri- 1 Science ttee will, evidence 3 Normal \ instruc- JIONERS 3e in dry ided with )lated and rfere with rals of the ,s possible n of pupils miltce, but es the pro- >aid to the COMMISSIONERS AND TRUSTEES 49 lOl* The school grounds shall be properly levelled and dmined, planted with shade trees and enclosed by a substantial fence. They shall, when possible, not be less than half of an acre in extent, A larger area shall be provided for large schools. 10!?« Separate closets or privies shall be provided for the sexes. A close fence, at least six feet in height, extending from the closets to the school building, shall separate the approaches to these closets. 103* Proper care shall be taken to secure cleanliness in these closets and to prevent unpleasant and unhealthy odours. The approaches from the schoolhouse to the closets shall be so kept that the closets may be reached with comfort in all kinds of weather. Schoolhouses. 104« The school house shall, when possible, be placed at least thirty feet from the public highway. 105* When the number of children of school age in a district exceeds seventy-five, the schoolhouse shall contain at least two rooms, when it exceeds one hun- dred and twenty-five, three rooms, an additional room, at least being required for each additional fifty chil- dren. 106« In each school room the area shall be at least fifteen square feet for each pupil, and the height from floor to ceiling at least ten feet, so as to give at least one hundred and fitty cubic feet of air space per pupil. * * This minimum space is sufficient on);^ when provision is made for ventilation upon the most recent And approved plans. In or- dinary cases nearly twice as much space is needed. G. W. P, 50 REGULATIONS OF THE PROTESTANT COMMITTEE lOT. There shall be ante-rooras or cloak rooms for pupils of both sexes, separate from the school room, warmed and ventilated and supplied wi£h hooks, and with shelves for the pupils* luncheon. (The outside door should never open directly into the school room.) lOS* The heating apparatus shall be so placed as to give c uniform temperature of sixty-five degrees, deter- mined by a thermometer, in the school room during school hours. 109« The windows of a school room shall be placed on both sides of the school room, or on the left side of •le pupils and behind them, but never in front of the pupils. The area of the windows, collectively, shall not be less than one-sixth of the floor surface of the school room. The top of each window shall be carried up as near the ceiling as possible ; and the bottom" of the side windows shall be at least four feet from the floor of the room, and the bottom of the windows behind the pupils at least six feet from the floor. 109* The windows of a school room shall be placed on both sides of the school room, or on the left side of the pupils and behind them, but never in front of the pupils. The area of the windows, collectively, shall not be less than one-sixth of the floor surface of the school room. The top of each window shall be carried up as near the ceiling as possible ; and the bottom of the side windows shall be at least four fF;et from the floor of the room, and the bottom of the windows behind the pupils at least six feet from the floor. no* The windows shall open readily from the top and bottom, and when double windows are used a ventilator shall be provided at the top and bottom of each double window. .IMITTEB COMMISSIONERS AND TRUSTEES 51 ak rooms for school room, li hooks, and (The outside ichool room.) placed as to legrees, deter- r«jom during hall be placed he left side of Q front of the ectively, shall mrface of the hall be carried the bottom' of feet from the p the windows he floor, jhall be placed the left side of in front of the ectively. shall surface of the jhall be carried the bottom of r feet from the the windows the floor. y from the top )ws are used a and bottom of 111- There shall be in every school room ample provision for the admission and circulation of pure air and for the escape of impure air, 113* The schoolhouses are to be built in accordance with plans and specifications furnished or approved by the Superintendent. 113. School boards shall see that each schoolhouse is kept in good repair, that the windows are properly filled with glass, and that suitable fuel is provided ; that the desks and seats are in good repair, that the outhouses are properly provided with doors and kept clean, that the blackboards are kept painted, that there is a supply of good water, and that everything that is necessary for the comfort of the pupils and the success of the school is provided. When a manager is ap- pointed, the school board shall see that he performs his duties in a proper manner. 114. No public schoolhouse or school ground or any building, furniture, or other thing pertaining thereto, shall be used or occupied for any other purpose than for the use or accommodation of the public school of the district, without the express permission of the school board or the chairman thereof, and then only on condition that all damages are made good by the per- sons obtaining permission, and that the school room is properly cleaned before the time for opening the school. 115. The teacher has charge of the schoolhouse on behalf of the school board. He has no authority to use the schoolhouse other than as directed by them, without their sanction. At the request of the school board he must at once deliver up the key of the schoolhouse to the chairman. 19 52 REGULATIONS OP THE PROTESTANT COMMITTEE School Furniture and Apparatus. IIH. A sufficient number of seats, provided with backs, and desks shall be provided for the accommoda- tion of all the pupils ordinarily in attendance at the school. 11T« The seats and desks shall be so arranged that the pupils may sit facing the teacher. Not more than two pupils shall be allowed to sit at one desk. lis* The height of the seats shall be so graduated that all pupils may be seated with their feet firmly upon the floor. (To a^icommodate pupils of all ages the desks should be of three different sizes). no* The seats and desks shall be fastened to the floor in rows with aisles at least eighteen inches in width between the rows ; passages, at least three feet wide, shall be left between the outside rows and the side and the rear walls of the room, and a space from three to five feet wide, between the teacher's platform and the front desks. ■ »: • ' ' ■'■ , ■ "'• ■" ■' 120« Each desk shall be so placed that its edge will be directly over the edge of the seat behind it. The desk shall be provided with a shelf for pupils' books. ISl* There shall be a teacher's desk of convenient form with lock and key, placed upon a dais or platform at least six inches in height. 132* There shall be a cupboard, provided with lock and key, for the preservation of school records and apparatus. 138. There shall be a blackboard, at least three feet six inches wide, extending across the whole room in rear of the teacher's desk, with its lower edge not COMMISSIONERS AND TRUSTEES 53 more than .two and a half feet above the floor or plat- form ; and, when possible, there shall be an additional Vjlack board on each side of the room. At the lower edge of each blackboard there shall be a shelf or trough for holding crayons and brushes. 124« There shall be in every school room a jacket- ed stove (unless another system of heating is used) a wood-box or a coal-bucket, a shovel, a poker, a broom, a water-bucket, a drinking cup, a hand bell, a clock, a thermometer, a copy of the school regulations, a copy of the authorized course of study, and an authorized school journal ; and in every school a standard diction- ary, a visitor's register, a set of tablet lessors of Part I. of the First Reader, a supply of crayons and black- board brushes, a waste paper box, a map of North America, a map of Canada and a map of the Province of Quebec. 125« Provision shall be made by every school board for sweeping each schoolhouse daily and for scrubbing the floors at least once every two months, and for making fires one hour before the time for opening school when requisite ; but it is not the duty of teachers to do this work. Tfie School Year. 126. All schools shall be closed from the 1st July to the 15th August each year ; but any school board may, with the approval of the Superintendent, open one or more of its schools during this period when the circumstances of the school render it necessary. 127* The schools of a municipality shall open each year after the 15th of August, and not later than the first Monday in September, as may be determined by ^resolwtiop of the school board pf the mumcipalit/. 54 REGULATIONS 0^ THE PROTESTANT COMMITTEE 128. The schools of each municipality shall con- tinue in session each day, except the holidays herein- after provided, from the date appointed for the opening until the close of the school session. In school muni- cipalities where the school session is less than ten months the school boards may provide by resolution for closing the schools during the breaking up of the roads. 121I. The holidays for the Protestant Schools of the Province shall be as follows : Every Saturday and Sunday ; From 24th Decemlier to 2nd January inclusive ; Good Friday ; The Queen's Birthday ; Dominion Day ; and such days as are pro- claimed by authority or granted by resolution of the school board of the municipality or by the Superin- tendent of Public Instruction. Also the two days upon which the Protestant Teach- ers' Association meets yearly, provided the teacher con- cerned actually attends the sessions of the Associa- tion after giving notice in writing to the school board. ^ J y ^ : School Hours. 130* The school hours shall be from nine o'clock in the forenoon till four o'clock in the afternoon, unless the school board by resolution prescribes a shorter period. There shall be a recess of not less than ten minutes each forenoon and afternoon, and a recess of one hour at least shall be allowed for recreation during the middle of the school day. .^1 COMMISSIONERS AND TRUSTEES 55 hools of the Engagement of Teachers. 131* Each scliool board shall engage its teachers for the time, at least, that the schools are to be in opera- tion during the school year, and not for any less period, except to replace a teacher retiring before the end of the scliool year. 18!3« Each school board shall appoint a day, and give due notice thereof, upon which they will meet and receive applications and engage teachers for all the schools of the municipality. v " 138. In the engagement of teachers the school board shall consider the special needs and circum- stances of the several schools under its control and shall allot the teachers among these schools so as best to promote the interests of the whole municipality. 1.34* No school board shall require or permit any teacher under its control to *' hoard around " among the inhabitants of the district. 135. The teacher's engagement for Protestant schools shall be made in accordance with Form No. 4. i36« Whenever the average attendance of an ele- mentary school exceeds fifty, a second teacher shall be engaged for that school by the school board. MeligiouH Instruction. 137* Religious Instruction shall be given in all public schools, but no person shall require any pupil in any public school to read or study in or from any religious book, or to join any exercise of devotion or religion, objected to in writing b^ his or her parents pr guardians, 56 REGULATIONS OP THE PROTESTANT COMMITTEE 13S. Every Protestant school shall be opened each day with the reading of a portion of the Holy Scrip- tures followed by the Lord's Prayer. 130* In all gmdes of Protestant schools the first half hour of each day shall be devoted to the opening exercises, (prescribed by the preceding Kcgulation,) instruction in morals, and Scripture History. The Holy Scriptures and the authorized text-books shall be used for this purpose. No denominational teaching shall be given in such schools. Authorized TexUBooks and Forms. ir 140* Each school board shall, during the year fol- lowing each revision, select from the authorized books a list of text-books for use in the municipality, naming one book, or one graded set of books, in each subject of the course of study, and shall insist upon their use in the schools of the municipality to the exclusion of all others. A copy of this list shall be placed in each school of the municipality, and a copy shall be sent to the English Secretary of the Department of Public Instruction. (An additional series of reading books may be selected for supplementary reading.) 141- School boards shall provide and use the author- ized forms of teachers' engagements, account-books, school journal and school visitors' register 'in tl ir municipalities. - ; . . Secretary-treasurer^ 8 expenses. 143. The secretary-treasurer shall be provided by the school commissioners or trustees with a suitable MMITTEE COMMISSIONERS AND TRUSTEES 67 opened each Holy Scrip- 3ols the first ) the opening Regulation,) [istory. The ;-book3 shall Dnal teaching the year fol- orized books .lity, naming )h subject of their use in lusion of all ced in each I be sent to of Public tding books ) the author- ount-books, ler'in tl' ir Tovided by a suitable minute-book, account-books, and other stitionery re- quired for their work. 143« The school commissioners and trustees shall, if possible, hold their meetings in the most central , school of the muncipality, and if they hold their meet- ings at any other place, they shall not pay rent there- for without the permission of the Superintendent. 144* When a secretary-treasurer travels upon busi- ness of the school corporation he shall he paid his just travelling expenses ; but any indemnity which may have been accorded him by a court of justice or by any legislative or municipal body for the same journey shall be deducted from his expenses. 145« A secretary-treasurer shall only be consider- ed to travel upon business of the corporation when he is specially authorized to do so by a resolution adoptt^d at a regular meeting of the school corporation stating the object of the journey, or, if there is not time for a meeting, upon an order signed by the chairman or in his absence by two members of the school corporation. 146. In the cities, towns and municijjalities, of which the population amounted at the taking of the last census to more than three thousands souls, or of which the extent is more than nine miles in length, there shall be allowed a certain sum for tjikiiig the census of the children, upon a requisition to that effect addressed by the commissioners or trustees to the Superintendent and approved by the school inspector. 147- Every sum allowed to the secretary-treasurer, or otherwise paid out in accordance with the preceding regi . lations, shall be paid out of the funds of the school municipality and shall be acounted for in the ordinary manner. J ^1 58 REGULATIONS OF THE PROTESTANT COMMITTEE , Poor Municipalities. ''r'...::>:^^.i.--r 14M» Those school municipalities only, whose annual share of the government grant is less than two hundred dollars, are eligible for a grant from the Poor Munici- nalitv Fund. . 140* Municipalities, desiring to obtain a grant from the Poor Mmnicipality Fund, must make application to that effect to the Superintendent on or before the 1 st September each year. .,. ISO* This application must be accompanied by a certificate from the school inspector stating (1) that the school law and regulations have been faithfully carried out in the municipality ; (2) that the teachers are com- petent; (3) that there are no arrears due by solvent persons ; (4) that the municipality is poor and cannot contribute more than it does for school purposes. 131* School municipalities that have failed to comply with the instructions of the Superintendent shall receive no share of the Poor Municipality Fund. VI. CONCERNING TEACHERS. 13!3« When two or more teachers are employed in a school one shall be the head teacher. Tli(3 head teacher shall be responsible for the organization, classi- fication, and discipline of the whole school, and shall prescribe, (with the concurrence of the school board), the duties of the assistant-teachers. 193* Teachers shall not absent themselves from school nor close their schools on regular school days IMITTEE DUTIES OF TEACHERS 69 .^hoso annual wo hundred oor Munici- i grant from application before the anied by a (1) that the fully carried ers are com- j bv solvent r and cannot •poses. e failed to perintendent )ality Fund. eni])loyed in The head iition, chissi- dI, and shall ihool board), selv(!s from school days without permission from the school board or the chair- man thereof, unless in case of sickness or other un- avoidable cause, in which case the absence shall be immediately reported to the school board. 154* It is the duty of a teacher in a public school : 1. To see that the schoolhouse is ready for the reception of the pupils at least fifteen minutes before the time prescribed for opening the school in- the morn- ing, and five minutes before the time for opening in tlie afternoon ; 2. To give vigilant attention to the ventilation and temperature of the school rooms, and to determine the temperature by a thermometer. At each recess the windows and doors shall be opened for the purpose of changing the atmosphere of the room ; 3. To give strict attention to the pro})er cleanliness of the schoolhouse and outbuildings, to make and en- force such rules as will ensure the keeping of the school grounds and outbuildings in a neat and cleanly condi- tion, and to inspect these at least once each day ; 4. To see that no damage is done to the furniture, fences, outbuildings, or other school property, and to give notice in writing to the school board of any such damage and also of any necessary re])airs ; 5. To see that the schoolhouse and outbuildings arc locked at all proper times, and when not locked to see that they are under the charge of a teacher, or of a monitor for whose faithfulness the teacher shall be re- 8[)onsible, (or of a caretaker after school liours ;) 0. To classify the pupils strictly according to the authorized course of study ; 7. To re ■IV^ ;:, CONCERNING PUPILS. .2 135. It is the duty of every pupil to attend school punctually and regularly, to follow the authorized course of study, to conform to the regulations of the school, to obey promptly all the directions of the teacher, to be diligent in study, respectful to teachers, kind and obliging to schoolmates, clean and neat in habits, person and clothing, and to refrain entirely from the use of proxane and vulgar language. 156. No pupil who is affected with, or exposed to, any contagious disease shall be permitted to attend school until he produces medical or other satisfactory evidence that all danger from his mingling with the other pupils, or from his exposure to the disease, has passed away. 157. Pupils are required to procure the text-books and other school requisites indicated by the course of study for the class to which they belong. 13S. The school board may provide and lend to indigent pupils with due precautions for their proper preservation, text-books and other school requisites. l*IO. In all cases of absence pupils are required to furnish from their parents or guardians on returning to school sufficient reasons for such absence. 160* No pupil shall be permitted to leave at any time before the regular hour for closing his class, except in case of sickness or on a written or personal remiest of his parent or guardian, men 1 shall and 1 scho of tl 1 OMMITTEE » attend school he authorized ilations of the actions of the il to teachers, 11 and neat in frain entirely lage. or exposed to, ted to attend )r satisfactory- ling with the e disease, has 'he text-books the course of and lend to their proper requisites. e required to on returning 36. leave at any ng his class, I or personal DUTIES OF PUPILS 63 1B1« Each pupil is required to he present at each inspection and examination of his school or depart- ment, or to present a satisfactory excuse for absence. 16S* Each pupil shf.ll have a particular desk, and shall keep the same and the floor beneath it in a neat and orderly condition. 163* Pupils of one district shall not attend the school of another district unless by special permission of the school board. 1^i?,,p>^y„,tl?iC?fy f^^^/pepii^liim from the sq^o?! fr(»;'[^iIHffio4f)n9^,ft^ce^f?^g,ftvp^pt^qJ days. ^^^hfto•§i^lffi>ftn?iq«M■]?. The said , agree to pay to the said teacher the sum of for the said school year, payable monthly in current money and not otiierwise, and neither the secretary-treasurer nor any person shall alter this method of payment. ^ . . ^ Done at the day and date first above men- tioned, and the parties have signed after hearing the same read. Chairman of the Schojl Teacher II i I 70 RBQULATIONS OF THE PROTESTANT COMMITTEE FORM No. 6. This is to certify that who holds a diploma from the McGill Normal School, dated has taught in the School at in the County of , during the montiis of July August , September , October November , December , January , February March , April , May , and June. of the scholastic year , and has been assiduous in duty , been punctual in attendance , been observant of regulations governed her pupils well secured good progress in study , been polite and tactful in intercourse with parents, commissioners and the in- spector and maintained a character above reproach , Signed Chairman or Secretary-Treasurer School Commissioners of » « School inspector N". B. — Let each person signing this certificate insert his initials after each month for which he gives it, and after each clause which he approves. ^'mmmmttM. fcflTTEE .who holds rill Normal ught in the in the i montiis of September • •••• » , February , May e scholastic JUS in duty I ••• ••• ••• ••*) . governed od progress d tactful in nd the in- maintained I ••••••••• •••! • •■I •••••• ••• lool • ••*••• •••••4 certificate h he gives ( . '■ "a " ■ . i i 1 , ACADF • / AOADT Appe.a AlITHi AUTtK BULLF Black • Boar I BOARl Centi ^ , ' 1 " 1 INDEX. , Academy :— Conditions 74 Special 76 Change of name 77 Fees of 79 Specimens of work SI Inspection of 82, S3 Examination of 84-96 AC'ADEMY Diplomas : — From Central Board 18 Conditions for graduates 22 Examination for 22 Appeals to Protestant Committee. 171 Authorization of Text-Books 172-176 AuTHoRizEn Forms 141 Bulletins of Inspection 9-11 Blackmoari) 123 • BoARDiNCJ Around 134 Board of Examiners: — Central Board 17-31 For Inspectors 1-8 Central Board : — Powers and dulies of 17, 28, 29 Grades of diplomas 18 Classes of diplomas 19 Time of examinations 21, 22 Notice reijuired 26 Certificate 26 11. Fees 23, 26, 27. Subjects of examination 21, Extra provincial certificates Exemptions granted Records and reports 42, 43, 46, 47, Action annulled. Re-examination Examiners Rules for candidates Duties of secretary Classification of Schooi^ 71, Course of Study : — For three grades of schools 73 In relation to inspectors 9 —2, 3, 13, 10 In relation to superior schools 74—6, 82—4, 12 Of Normal School 38 In relation to teachers 9-3 In relation to pupils 9-2 Diplomas :— Grades of 18 Classes of •■"•.... 19 Academy 22 Cancelled 70 Engaoemknt of Teacjheks : — Length of 131 Day for 132 Form of 135 Educational Journals 154-23 Fees : — For examination of inspectors 6 *• " "teachers 23,26,27 Fur superior schools 79 For university certificate 45 Holidays 129 Head Teacher i 45 22 ■-': 23 Dut 24 49 70 25 48 30 31 72 Inspe 73 Dut Maps . SI^ode; Norm Insi'E(;tor : — Examination of. Composition of board 1 Expenses of hoard 2 Duties of board 3 Time of examination 4 Subjects of examination J •wraarsrss 111. .23, 26, 27, 45 21, 22 23 24 13,46,47, 49 70 25 48 30 31 71,72 73 9-2,3, 13, 10 -6, 82-4, 12 38 9 3 9-2 18 19 22 70 131 132 135 15*'23 6 .23, 26,27 79 1 2 3 4 7 i Certificates 5, 8 Deposits required 6 Duties of Concerning Schools 9-1 •♦ Teachers 9, 1, 4, 5, 6, 7, 8. 9 *• Pupils 9 2 ** Commissioners 9 — 10, 12 " Teachers' Meetings 9,1,15,16 " Superintendent 9—9, 11, 13, 17 •* Secretary-Treasurers 9-14 " Prize-Books 10-16 Inspector of Superior Schools : — Duties of. To inspect model schools and academies 82-1 To prepare , 36 Annual Session 37 Course of study 38 Admission 39-52 Condition of continuance 53 (JO Boarding houses C2 Religions instruction 61 Priv-.leges of teachers 6(>-()9 Diplomas 18 23 Fees 63 Bursaries , 64 H S. ;'V M J.:. iv. OUTBUILDINOR 102, 103, 154-S, 4, 5 Prizr-Bookr , 10-10 Poor MuNicirALiTiEH 169-172 Pupils : — Duties ©f , 153 Classification . . 154-6, 164 Work of 154-7 Discipline of 154-16, 167-170 Conduct of 153-18, 165 Contaj?iou8 diseases 156 Text-Books for 157, 158 Reasons foi absence 159 Cannot leave school 160 To be present at inspection 161 Of adjoining district 163 Damages by 166 Punishments 154-16 Rklkhous Instruction 137-139 School Boards : — In relation to school grounds 98-103 '• ♦' " schoolhouses • 104-116, 125 " •♦ " school furniture 116-124 •* •' •' teachers' engagements 131-136 '• " " text- books 140 Authorized Forms 141 Secretary-Treasurer's Kxpenses 142-147 School Journal , 124, 141, 154-19 S. HooE Year 126 129 School Hours 130 School Grounds 98-101 schoolhouse : — Position 98-100 Size 105, 106 Plans 133 Windows 109, 110 Repairs 113 Use of 135, 136 Furniture 116 124 Cleaning and fires 125 Damages 114, \53-4, 166 To be locked 115, 154-5 In charge of teacher 115 V. [)3, 154-3, 4, A \ ../..... 10-16 169-172 lo3 ...154-6, 164 154-7 54-16, 167-170 ,. 153-18, 165 156 157, 158 159 160 161 163 166 154-16 137-139 98-103 ..104-116, 125 116-124 131-136 140 141 142-147 24, 141, 154-19 126 129 130 98-101 98-100 105, 106 133 109, 110 113 135, 136 116 124 125 114, '53-4, 166 115, 154 5 115 Speoimens of Sriiooi. Work :— Elementary S