-J - , ,1 "g 
 
 41 
 
 ^ —^ : — r 
 
 SCHOOL LAW LECTURES— PART I. 
 
 THE 
 
 LAW AND OFFICIAL REGULATIONS 
 
 RKI.ATINO TO 
 
 PUBLIC SCHOOL TRUSTEES 
 
 IN 
 
 RURAL SECTIONS, 
 
 AND TO 
 
 PUBLIC SCHOOL TEACIIEES 
 
 (INCLUDING DECISIONS OF THE SUPERIOR COURTS THEREON, ; 
 
 f 
 
 AS PRESCRIBED FOR 
 
 SECOND AND THIRD CLASS 
 
 PROVINCIAL AND COUNTY CERTIFICATES 
 
 OF QUALIFICATION. 
 
 BEING THE SUBSTANCE OF LECTURES TO NORMAL SCHOOL STULiENTS 
 
 BV 
 
 J. GEORGE HODGINS, LL.D., Barnster-at-Law, 
 
 Deputy SuptrintenJtHt of Education /or Ontario. 
 
 ;$ 
 
 TORONTO: 
 COPP. CLARK & CO., 17 & 19 KING STREET EAST. 
 
 1872. 
 
f- 
 
 ♦ . 
 

 SCHOOL LAW LECTURES— PART T. 
 
 '1- 1 1 !•; 
 
 LAW AND OFFICIAL REGULATIONS 
 
 RF.I.ATP.T, TO 
 
 PUBLIC SCHOOL TRUSTEES 
 
 RURAL S I : C T I O N S , 
 
 AND To 
 
 PUBLTC SCHOOL TEACHERS 
 
 (INCLUDING DKCISIONS OP I'Hr: SrPF.RIOR COrRTS THKREON' : 
 
 A'-. I'lil'MlilllRI) lOU 
 
 SI'XOXl) A\T) TfllRI) CLASS 
 
 PROVINCIAL AND COUNTY CERTIFICATES 
 
 111' (,)IAI,I1MC ATIDN. 
 
 KF.INO THF SrnSTANCK OF l.F.l rri;KS TO NORMAL SCilOOL STUDENTS 
 
 HV 
 
 J. GRORC.i: HODCrlNS. 1,L.])., n^vristrr-at-Lau; 
 
 Deputy SiipeiintcuJciit of Education for Ontario. 
 
 T O R C) \ r O : 
 ("Orr. CLARK \- CO., 17 .^- 19 \k\\(\ street 1: VST, 
 
 1872. 
 
Entered acconliiif; \o Act of the rarliamcnt of Cnnadrt, in llio year 
 one tliousand ei.i;lit hundred and s(■\■enty-t^\o, hy JoilN (iKORC.K 
 IIoDc.lNS, LL.l)., liavrisier-nt-I-aw, in llie Office of the Minister 
 of Agriculture. 
 
PilEFATOKY NOTE. 
 
 The K''C'it clifticiilty wliich iruslcrs, touchers ami others connectccl with 
 the public schools experience in unclerstantlin^ the precise meaning of 
 the technical and fonnal words of the Statute Law, has induced nic to 
 prepare in this popular form the various proviiiions of the School Law. 
 The work itself is a reproduction in a connected form of a course of 
 lectures, which I have for some time graluitously delivered, with more or 
 less variation, to the students of the Normal School. Mj- object has been 
 to give, as far as possible, in familiar larguage, the substance and pith of 
 the School Law and Regulations, together with the decisions of the supe- 
 rior courts on various points. I have \ery rarely given the ipsissima verba 
 of the Statutes, since they are, as a general rule, so purely technical and 
 formal, that without explanation they are not so easy to understand. 
 
 Our Public School Acts and Regulations, (Jv:c., may now, in their present 
 form, be regarded in the light of a school code. This code embraces the 
 following statutes, regulations and decisions : 
 
 1. The original School Law of 1850, (embodying, with additions, the 
 main feature^> of the School Laws of 1841, 1846 and 1847). 
 
 2. The .School Law Amendment Act of i860. 
 
 3. The School Law Improvement Act of 1871. 
 
 4. The (^fticial (Recommendatory) Regulations of 1871. 
 
 5. The School Law Decisions of the Superior Courts. 
 
 6. The Official Decisions of the Education Department. 
 
 I have endeavored in this portion of my lectures to gi\e the substance 
 of the three School Acts, so far as they relate to the powers and duties of 
 public school trustees in rural sections, —including the law relating to 
 public school meetings and trustee elections, as well as the law and regu- 
 lations alTecting public school teachers, — their qualifications and duties. 
 
 One of the qualifications now very properly required of each candidate 
 for a certificate as a Public School Teacher, is a knowledge of certain 
 portions of the School Law, etc. With a view to aid those who attend 
 the Normal School to obtain this infonnation, the Council of Public In- 
 struction appointed me in 1866 to deliver a course of lectures on the sub- 
 
IV I'KKl'ATOUV XOTIC. 
 
 jcct ciich scsbiuii to ihc students of lli;it iiistiuuiun. The small salary 
 atlaclicd to tin. lectureship was (liscontiiuicd by the (ioveniinent in 1868, 
 but I have, nevertlieless, eniuimied to deh\er tliese lectures gratuitously 
 to the students. It h;is occurred to nie, however, that as many candidates 
 for certificates do not attend the Normal Scliool, they would be placed at. 
 a great disadvantage in competing for certificates with Normal School 
 students, unless they could obtain the s.ime information as these students 
 on a subject so technical in many of its features as the School Law. 
 I have, therefore, proposed to supply this information in this form. 
 
 I intend shortly to issue in the same form lectures on the remaining 
 portions of the ;■'. hool Law and Regulations relating to municipal coun- 
 cils, city ar.d town boards of trustees, inspectors, etc., as prescribed for 
 teachers' tirst-class certificates. 
 
 J. (;. 11. 
 
 Toronto, February, 1S72. 
 
PEELIMOTAKY EEMAEKS 
 
 IN 
 
 REGARD TO THE OFFICE OF TRUSTEE 
 
 NoTH.— 'I'hcre are certain e«iuitable principles which appl;.' to the trustees anil their office, (xome 
 of which do not arise inulcr the School Law,) to which it is proper to refer in this introductory 
 part of my lectures as fnllows :-- 
 
 I. A tntstct: dcjiiud. A trustee niuy be rcgiirdcd as a person to whom 
 money, or other property or vahiables, is entrusted to expend or manage, 
 under certain rules or directions, for the use or benefit of another party. 
 
 z. What a trustee is expected to do -Aw the discharge of his duties, a 
 trustee is iec|uired to use the customary care and dihgencc usually exer- 
 cised by a man of ordinary prudence and \igilancc in the management of 
 his own affairs. 
 
 3. Responsibilities of a trustee.- A trustee is responsible : 
 
 (A.)- For his own acts, and for the acts of his colleagues done with his 
 knowledge. 
 
 (H.)- For all breaches of trust or defaults committed by himself, or by 
 his colleagues, to which he is privy, or in which he expressly, or tacitly 
 acquiesces, or which would not have happened but for his own negligence, 
 act or default. 
 
 (C.) — (Under the School Law) a trustee is personally responsible for 
 neglect of duty, refusal to act, when lawfully required to do so, or for loss 
 of money, through his wilful act, negligence or carelessness. 
 
 4. WluU a trustee can do. -He may, with the consent of his colleagues: 
 
 (A.) — Defray out of the trust fund expenses legitimately and properly 
 incurred. (See Decisions of the Courts, page 15 — (10) on page 32.) 
 
 (B.) — (Under the School Law) — Receive remuneration as collector of 
 school rates. 
 
 (C.)— (Under the School Law) — Receive payment for a school site. 
 
 5. What a trustee cannot do. — Unless modified by Statute, or other 
 authoritative direction, a trustee cannot lawfully: 
 
 (A.) — Receive, even with the consent of his colleagues, any salary or 
 remuneration for his services. 
 
 (B.) — Make any personal profit out of the trust. 
 
 (C.) — Mix up trust money or accounts with his own. 
 
 (D.)— (Under the School Law) — Enter into a contract with, or have a 
 pecuniary claim (except in two instances ; see above) on the corporation 
 of which he is a member. 
 
CONTENTS. 
 
 PRKFATOin- NOTK. 
 
 I'RKI.IMINAKY KK.MAKKS IN KI.<;AKI) H > IIIK (lIKK K OT IKI STF.E. 
 
 I, A Trustee dcHncd. 2. What a Trustee is expected to do. 3. Res- 
 ponsibilities of a Trustee. 4. What a Trustee cannot do. 5. What a 
 Trustee can do. 6, 
 
 CHAPTER I. 
 
 rilK UKKICK OK TRISIKK. 
 
 r. Who nuy be a Fubhc .School Trustee. ::. Who iiKiv not be a 
 Trustee. 3. How the Office of Trustee may be \ acated. 4. Declaration 
 of office. 5. Term of office. 6. Trustees in altered sections. 7. Power 
 of retiring Trustee. 8. Personal liabiUty of 'i'rustees. y. Decisions of 
 the Superior Courts on the subject. 
 
 CHAPTER II. 
 
 I'OWKRS AM) Dl'TIES OK 'IRl .iTKKS. 
 
 I. Trustees to be a Corporation. 2. Powers and lialjiHiics of a Corpo- 
 ration. 3. Decisions of the .Superior Courts in regard to School Trustees. 
 4. Duty of Trustees in regard to a school site. 5. Trustees to accjuire 
 and hold school property. 6. Necessity of a deed for scliool site- 
 Form of deed. 7. Registration of School title. S. When Trustees may 
 sell School site or other properly. 9. What constitutes " adcc(uate School 
 accommodation" - (General directions to Trustees. 10. Erection of a 
 School-house, Teacher's residence, &.c. ti. Use of School-house. 12. 
 Duty of Trustees in regard to care and repair of School-house. 13. Deci- 
 sions of the Superior Courts in regard to School sites. 14. Right of 
 Trustees in regard to Teacher, apparatus, books, &c. 15. Who shall 
 determine the expenses of the .School. 16. Free Public School Library. 
 I/. Who have a right to attO"d School. 18. Authorized text-books to 
 be used. 19. Trustees' visitation of Schools. 20. Second, or Female 
 School. 21. Duty of Trustees and Teacher to report. 32. Orders to 
 qualified Teachers only. 
 
 CHAPTER III. 
 
 POWERS AM) DUTIES UK A SIXRKTARV-TREASURER AM) COI.I.KcruR. 
 
 I. Appointment and duties of Secretary-Treasurer. 2. Penalty on 
 Secretary-Treasurer and Trustee for refusing to account. 3. Action of 
 Trustees against Secretary-Treasurer. 4. Appointment and duties of 
 School Collectors — Form of bond of Collector and Secretary-Treasurer. 
 
CONTRNTS. VP 
 
 5. School rate roll and warrant— Form of rate roll and warrant. 6. For 
 what a School rate may and, 7, may not be collected. «. Township 
 Assoss()r'^> and Collector's rolls. 9. How the 'rrustccs must be guided in 
 makinjj out their roll. 10. Powers, duties and liabilities of .School Col 
 lectors, ri. Decisions of the Superior Courts in regard to School rates 
 and Collectors. 12. Application to 'I'ownship Council to collect rates. 
 13. Township Council required to raise money for Trustees. 
 
 CHAPTER IV. 
 
 TIIK \.\\\' KKl.ATINC. TO NON-RKSIDENTS. 
 
 I. A Resident detined. 2. A Non-resident defined. 3. Non-residents 
 liable in their on n section. 4. Rights of Non-residents. 5. Restricted 
 authority of Trustees. 6. Definition of the Lands of Non-residents. 
 7. Unoccupied land, but ow ner known. <S. Owner non-resident and un- 
 known. 9. How to collect rales from non-residents. 10. Decision of 
 the Courts in re;;ard to Non-resident rates. 
 
 CHAPTER V. 
 
 SCIIOOr. SKCTION AUDITORS— ACCOU.NTAim.nY OF TRl'STKES. 
 
 I. When, and by whom, must School Auditors be appointed. 2. Audi- 
 tors' time of meeting. 3. Object of the audit. 4. Duration of the audit. 
 5. When, and to whom, is the Auditor's report to be presented. 6. Au- 
 thority of the Auditors. 7, 8. Obligation on Trustees and others in 
 regard to the audit. 9. Responsibility for lost moneys. 10. Lawfulness 
 or e\|)edieiicy of 'I'rustecs' expenditures, il. What are lawful expendi- 
 tures. 12. .Summary in regard to School Section accounts. 13. Sum- 
 mary of duties of Trustees. 
 
 CHAPTER VL 
 
 IMIU.IC SCIIOOI, MKF.TIXGS. 
 
 I. Day of Annual Meeting. 2. Public Notice of Meeting. 3. Who 
 are School Electors. 4. Declaration of Electors. 5. Appointment of 
 Chairman and Secretary. 6. Duties of Chairman. 7. Duties of Sec- 
 retaiy. 8. Prescribed Order of Husiness. 9. Rules to be observed. 
 10. (Optional Rules. 11. Business of the Annual Meeting. 12. Trustees 
 and Auditors' Report. 13. Who may be a Trustee? 14. M#des of 
 'irustcc Election. 15. Con. plaints to the Inspector. 16. Appeals to the 
 Chief Superintendent. 17. Special School Meetings. 18. What a 
 Special Meeting can do. 19. What a School Meeting cannot do. 
 
 CHAPTER VII. 
 
 SKl.ECTION OK SCIIOOI. SITES. 
 
 I. When a School Site must be chosen. 2. Joint action of Trustees 
 and Rate-payers necessary. 3. When a meeting cannot be adjourned 
 without appointing Arbitrators. 4. Remedy in case of failure to call a 
 Meeting or appoint an Arbitrator. 5. Remedy in case an Arbitrator 
 refuses to act. 6. Power of the Arbitrators — Kind of site to be selected. 
 7, "Making" and "Publishing" an award. 8. Summary of General Rules 
 in regard to Arbitration. 9. Power of and restrictions in School Meet- 
 ings in regard to "awaids." 10. Power of Trustees in regard to enlarging 
 
Vlii CONTENTS. 
 
 a School site. ii. Sale or exchange of the old site. 12. Owner of l.-ind 
 must cither sell it, or submit the matter to arbitration. 13. Power and 
 privilege of the owner only relate to a new and not to an old School site. 
 14. Township Councils may purchase School sites. 15. Decisions of the 
 Superior Courts in regard to School sites. 
 
 CHAPTER VII I. 
 
 rUllMC SCIIOOI, TKACHERS. 
 
 I. What constitutes a Public School teacher. 2. Who cannot be a 
 Public School ♦eacher. 3. Assistant teachers. . 4. Who shall be the 
 master of a Public School. 5. (leneral powers of tlie Master. 6. Disci- 
 pline in the School — Authority over Pupils. 7. Duties of Masters and 
 Teachers in regard to government. 8. Duties of Masters and Teachers 
 in regard to teaching, 9. in regard to School premises. 10. in regard to 
 Library, Register and Reports. 1 1. in regard to absence, sickness, 
 visiting, visitors, presents. Teachers' meeting. 12. Decisions of the 
 Courts in regard Teachers. 
 
 CHAPTER IX. 
 
 RKLATlON or [NSPKCTORS TO IMUMC SCIIOOI. TKACHERS. 
 
 I. Power and duty of an Inspector. 2. Visitation of Schools. 3. Au- 
 thority of an Inspector in a .School. 4. Procedure in visitation. 5. Inter- 
 course with Teachers and Pupils. 6. .See to attendance at School. 
 7. Teachers visiting other .Schools. 8. Payments to Superannuation Fund. 
 '9. Cheques to Teachers. 10. Granting Special Certificates. 11. Suspen- 
 sion of Certificates. 12. Verify attendance of Pupils. 13. Check .against 
 incorrect returns. 
 
 CHAPTER X. 
 
 DUTIES OF rvi'ii.s IN' TiiK. rrni.ic sriior>T.s. 
 
 CHAPTER XI. 
 
 TERMS AND VACATIONS IN TIIK millC SriinOIS. 
 
 CHAPTER Xll. 
 
 PROGRAMME FOR THE IXAMINATION AND CI^SSIFICAJION OF ITIJIK 
 
 .SCHOOL TEACHERS* 
 
 I. Conditions required of Candidates. 2. Value and dur.ation of Certi- 
 ficates. 3. Qualifications of Third-class Teachers. 4. Qualifications of 
 Second-class Teachers. 5. Additional for Special Agricultural Certifi- 
 cates. 6. Qualifications of First-class Teachers. 
 
 CHAPTER XIII, 
 
 REGULATIONS IN REGARD TO THE SIPERANNUATION FUND. 
 
■ « > 
 
 SCHOOL LAW 
 
 RELATING TO TRUSTEES IN RURAL SECTIONS. 
 
 CHAPTKR I. 
 
 THE OFFICE OF TRUSTEE. 
 
 Section 1. Who may be a Public School Trustee- 
 Any assessed freeholder, or lioiiseholder, i-esideiit in a pulilic school 
 section, may be elected a trusti^e of such section. 
 
 2.— Who may not be a Public School Trustee. 
 
 Th(! law exclndes the following i)erHons from the office of school 
 ti'iistee : — 
 
 {A.) A nou-i"esideiit. ; 
 
 (JJ.) A resident who is not an assessed ratt^payer. 
 
 (('.) An ins])ector of public schools. 
 
 (/>.) A teachtM' in a high or jiublic sch(»ol. 
 
 3- The Office of School Trustee may be Vacated as follows: 
 
 (.1.) Bi/ ref'tisal to act, and payment oi Jim dollars, as a penalty for 
 such refusal, immediately aftei- (flection to office. 
 
 (/>.) II n resi(/)mtlou, with the ctmsent, in wiiting, of his colleagues, 
 and of the inspector of public schools. 
 
 (C.) Keijlect to iiiake Verbal Declaration. — On being fined tioenti/ 
 
 dollars by a magisti*ate for neglect, oi- refusal to make a verbal de- 
 
 (rlai-ation of office before the chairman of the school meeting, within 
 
 two weeks after election. 
 
 Note. — The declaration of office, if made at any time i)efore being summoned 
 before a magistrate, njay be held to rebut the " evidence of refusal to .serve "a.s 
 trustee. (For powers of trustee-elect, before being fined for not making the 
 declaration of otfice, see cliapter on "/'///>//'(■ StZ/oo/ Jlll'eiiuj^^s.") 
 
 (D.) Neglect of Duty.— On being fined twenty dollars for neglect- 
 ing or refusing to pei-fonn the duties of his office — not having, on 
 
:, ^0 . ' 
 
 his election (as in A, iibovo), refused to accept office, and piiid tlie* 
 pi-escribed j)enalty ot\fin' dollai-s for sncli n^fusiU. 
 
 (fiJ.) lieinoml. — By actual removal from the section. 
 
 (F.) XoH- Residence. — By six months' continuous non-residence. 
 
 'Note. — Tlie distinction Ijctwcen these two latter cases is this — that in the one 
 case the office is vacated immediately on the removal of the trustee's residence 
 or domicile from the section : in the other, the individual tnistec must he absent 
 iix months consecutively from the section (while his residence or domicile vtill 
 remains in it) before his oflice is vacated. 
 
 ((f.) Ontifbh the JioniKfaridK. — t)n being phumi outside the section 
 boundaries by reason of their alteration. (See section G, below.) 
 
 4.- Verbal Declaration of OiUce required to be made. 
 
 Within two weeks after his election, the new trustee is j*e(]tiired 
 to make the following verbal declaration of offict^, in presence of the 
 chairman of the school meeting: — 
 
 " I will truly and faithfully, to th<' best of my judgmtMit and al)ility, 
 "discharge the duties of the office of school trustee, to whicli I have 
 " been elected." 
 
 NoTK. — If 'tic chairman himselfbe clecteil trustee, he is re(|uired to make the 
 foregoing declaration of oflice in presence of the secretary of the school meeting. 
 In case of neglect or refusal to dc) so —in eitiier case — the tnistee elect subjects 
 himself to a tine of hventy dollars, to lie recovered before a magistiatc, for the 
 benefit of the section. Immediately on the imposition of this fine the oflice is 
 vacated, and a \\v:\\ election should be held, but, in the meantime, the hoiia fuir 
 acts of the trustee (if he should perform any) are buiding upon the section. (Sec 
 note to (6'.) of section 3, and note to section 6.) 
 
 5.— Trustee's Three Years' Term of Office. 
 
 Each trustee holds office for three, yeai-s, aiwl until his succ(vssor is 
 elected. This rule does not iil>ply to the second and third tru.stees elected 
 at a first school meeting in a section. One of these trustees (the second 
 elected) holds office foi* two years, and the other (the third elected) 
 for one year, and, in all cases, until their successoi-s are elected. 
 
 NoTK. — After serving his full tmi, a tnistee cannot be compelled to act as 
 trustee until after the e.xpiration of four years ; but he may, with his consent, be 
 re-elected. This privilege docs not extend to a pei^son who declines to act as 
 trustee, and pays the fine oi Jive dollars for non-service. Such a person may be 
 elected to fill the next succeeding vacancy, but may again decline to serve, on 
 payment oifive dollars, as before. 
 
 6.— Who are the Trustees of altered School Sections- 
 
 That pai-t of a divided or altered section, in which the .sc1kx>1- 
 house of the section continues to Ije situated, is held to be the 
 old or original section. The trustees who live in this part i-emain 
 the lawfid trustees of the section, and oidy go out of office on the 
 exi)iration of their term of service. Those only who, by the altei-a- 
 tion, are placed outside of the new bovnidaries, oeaiie to be tnistees 
 when the alteration takes eftect. (As to a new election, see "Note,") 
 
Tims, the Court of Comuion Pl(;a.s has decided that alterations in 
 
 the bouiidanes of a school section, or tho change of many ff the nite- 
 
 payei-H originally taken, did not relieve the trustees of the .•es])onHi- 
 
 i>ility of j)aying a just debt due by the original section befoi-e any 
 
 alter-ition was nuide. (See decision (4), section 13, of chapter II,) 
 
 NoiK. — As a general nile, it is scarcely worth while to anticipate the an:iual 
 meeting, and elect a trustee or trustees in place of the one (or two) who may cease 
 to hold office on the 25th Deeemlier, by reason of noii-r^-sidence, caused by bijinij 
 placed outside the new boundaries, a.v explained above. The remaining trustee 
 or trustees (as well as the secretary or inspector) can give notice of the annual 
 school meeting. Should, however, an election be held before tlie annual meeting, 
 another election must be held on the secoml Wednesday in January, to fill up' 
 the usual vacancy caused by the retiring trustee. 
 
 7.— Power of the Retiring Trustee at the Close of his Term. 
 
 The restriction on the power of thi; '' retiring trustee," at the close 
 of his term of oftice, having been removed by the School Act of 1871, 
 lie has now ecjual ])ower and authority with either of his colleagues, 
 up to the day of his leaving office. 
 
 8.— Personal Liability of Trustees— How it arises. 
 
 The pei-sonal responsibility of trustees arises in various ways, (under 
 the School Acts and Regulations), among others, as follows: — 
 
 (A.) For neglect to keep open a school during the whole school year,.^^ 
 and the consequent loss of any jiai"t of the school fund to the section. 
 
 (Ji.) For loss, in consequence of neglect to take security from their 
 secretary -treiusurer, or collector. 
 
 (6'.) Neglect to transact ti'ust<w business, or authorize contracts,, 
 at trus^^ee meetings, pro))erly called. ., 
 
 NoTK. — Trustees are, of course, free to converse at pleasure with each other, 
 and informally to agree on any school business; but the law declares that "No- 
 act or proceeding of a school corporation shall be deemed valid or binding on 
 any party, which is not adopted at a regular or special meeting [of the Corpora- 
 tion] of which notice shall be given [personally or in wrilingj to all the trustees 
 by the secretary, or by one of the trustees." Thus, if a-verbal contract or agree- 
 ment is made by two Trustees, with other parties acting in good faith, without the 
 knowledge of the other trustee, such agreement or understanding would not bind 
 the corjjoralion, but only the individual trustees who entered into it. It is also 
 doubtful whether such an agreement or understanding could be enforced under 
 the statute against the third party, although it might be enforced against the 
 trustees who made it in violation of the express jirovisions of the Act. It is, of 
 course, a question whether a contract signed by two trustees, and sealed with the 
 corporate seal, could not be enforced against me corporation ; at all events, it is 
 presumed that it could be enforced against the individual trustees who knowingly 
 entered into it without the knowledge of their colleague. This rule does not apply 
 to minor purchases, or unimportant orders for work required to be done for the 
 corporation, and involving a small outlay. In such cases tmstees should authorize 
 one of themselves, or their secretary, to attend to such matters on their behalf. No 
 trustee (as we have shown) can enter into a contract with the corporation of which 
 he is a member, or have any [)ecuniary claim on it, except for a school site, or as 
 collector of school-rates, when duly appointed by his colleagues. No act of the 
 school corporation requires llic assent, or, necessarily, the presence, of each indi- 
 
vidual trustee. It is cno'.igli that the three trustees have been individually notified 
 of the tnistce-meetinjr, and that a majority of the three trustees thus notificil 
 concure in the aet itself. The following decisions of the Superior Courts sustain 
 this view : — 
 
 (1.) Tivo School Trustees can cuter intoa Contract a^^alust the •d<ishcs of a third. — 
 The Court of Common I'leas has decided that a contract entered into by two 
 trustees under the School Acts, with tiie corjioraic seal attached, is sufficient ; and 
 a plea that it was sif^ned by the two subscrihinji trustees without the consent or 
 approbation of the third, was held to be bad. — Forbes v. Trustees No. 8, Plynipton. 
 8 C. P. K. «77. 
 
 (2.) But two Trustees cannot act liuthoiit eonsultiit}:; a third, -'['h^i Court of 
 Queen's Hench has decided that two of the Trustees of a school are not comjietent 
 to act in all cases without consulting a third, and giving him an o])portunity of 
 uniting in or opjiosing the acts of his colleagues.— t^;-;- v. Ranuey et al. No. 15, 
 Westminster. 12 Q. 15. R. 377. (See decisions in section 13, chapter IF.) 
 
 (/>.) For wilful ne.(/feH ov refusal "to exorcise all the corporate 
 "powei-s vested iti them for tlu; ftilHliiieiit of any contract or agroe- 
 "meiit made by them." (See next .s(!ction, !).) 
 
 (E.) Declaration of Office — Dafi/.—Fov refusal or ne<^lect to make 
 the declaration of office, or to perform their lawful duties after having 
 accepted office, a line of tiveiUi/ dolhirs may hi\ ciil'oiced hy a magis- 
 trate. (8e»i wetion 4 of this chai)ter.) 
 
 (F.) Notes of llauil.—Yov all notes of hand, even for a lawful 
 purpo.se, wliich they may sign. 
 
 NoTl'.. — The signature of two or more trustees to notes f)f hand, and even the 
 affixing to them of the corporate seal, do not necessarily relieve individual trustees of 
 personal responsibility in regard to them, or give lo such notes a corporate charac- 
 ter. (See section 3, chapter II.) The School Law does not authorize or require 
 trustees to give promissory notes of hand. It is silent on the subject ; but it gives 
 them ample powers at all times to jirocure by rate, imposed by themselves, or by 
 the township council; such money as they may rei|uire. ll is, therefore, no part 
 of their duty as tnistees to give promissory notes. If they do so, the individual 
 members of the corporation who sign them are /^ri ma facie personally responsible 
 for their payment, and they- cannot bin<l the corporation by such note of hand, 
 even should they affix to it their corporate seal. Trustees who reipiire to borrow 
 money for school purposes can only do so witli the consent of the ratepayers, and 
 by permission of the municipal council ; and the council is alone authorize<l to pro- 
 vide for the repayment of such borrowed money. The only apparent exception to 
 this gencial nde is contained in the 276th section of the Municipal Institutions Act. 
 This section authorizes the trustees, with the consent of the ratepayers of their 
 section, as "obtained at a special meeting," to borrow from a municipal council 
 .surplus clergy reserve money for the sole purpose of paying for a school-site, or for 
 erecting a school-house. The authority of the ratepayers to borrow the money, 
 as well as the terms agreed upon, and rate of interest, must be embodied in a 
 by-law of the trustee corporation, but the law says nothing of notes of hand or 
 debentures — simply a "by-law." (See di'-inion 8 of the Courts, section 5, 
 chapter in.) 
 
 (6r.) Unqualified Teachers. — For the salaiy of tetichei-s, or assistants, 
 ^employed V)y tliem), who do not jjossess legtil certificates of cpialilica- 
 tion duiing the whole period of theii* engttgement. (See chapter 
 IX.) 
 
 (//.) Refusal to aecmint. — For their own refusal, or that of their • 
 aecretary (on their belialf) to furnish either of tlie school section 
 
13 
 
 auditors with the papers or information in their possession, or within 
 their jiirisdiction, relative to their seliool iiccomits. (See chapter V.) 
 (/.) Account /or Afoneyx. — For negh'ct, or refusal, to account to 
 competent authority for school moneys or other school pro{)erty 
 entrusted to thciu, or in their possession. (See chapter V.) 
 
 (./.) Neylect of /\'cf/itf(dtont<. — b'or loss to the section of any portion 
 
 of the Lejnrislati ^e j^raut (or coimty assessment), in consecpience of 
 
 their refusal to conduct l-heir school according to the lawful official 
 
 regidations (which have the force of law). . - 
 
 (K.) Further I'emilties for Neylect of Dutif: — 
 
 (1.) Twcutji doUai-s for making a false return to the Inspector. 
 (2.) Fit>e (loUai-s for every week of delay in forwarding their 
 
 annual repm't to the Insjtector. 
 (3). Five doUai-s for ueghict in not calling annual or other 
 necessary school meetings. 
 
 9— Decisions of the Superior Courts as to the Personal 
 
 Liability of Trustees- 
 
 (l.) Persoual Liability ou nci^Lrt or refusal to exercise their Corporate pmvers. — 
 The Court of Queen's Hencli has decided as follows, in a case where a mandamus 
 nisi having been issued to school trustees to levy the amount of a judgment obtained 
 against them, no return was made, and a nde nisi for an attachment issued. In 
 answer to this nde, one trustee sw(jre that he always had been and still was desirous 
 to obey the writ, and had re[)eate(lly asked the others to join him in levying the 4 
 rate, but that they had refusecl. Another swore that owing to ill-health, with the 
 consent of his co-tnistees and the local superintendent, he had resigned his office 
 before the writ was granted. The court, under these circumstances, discharged the 
 rule nisi as against these two, on payment of costs of the application, and granted 
 an attachment against the other trustee, who had taken no notice either of the 
 mandamus or nde. —Re'^iua v. Trustees of School Section No. 1 7, Tycndinaga. 
 20 Q. IJ. R. 528. 
 
 (2 ) The Court of Queen's Bench has deci<led, that, as by the [truentieth^ clause 
 of the \hventy-snienth\ section of the Consolidated School Act, the trustees can 
 only be personally liable when they have wilfully neglected or refused to exercise 
 their corporate powers ; such neglect or refusal should have been alleged and shown 
 in the award, to warrant its directions to levy on the trustees personally. — Kennedy 
 V. Ihirness et al.. No. 5, Oneida. 1$ Q. B. R. 473. 
 
 (3.) Ncf^lect of Jrustecs to exercise their Corporate Pirdvrs must be prcn'ed. — The 
 Court of Common I'leas also decided another similar case as follows : — In an action 
 of replevin for goods of school tnistees distrained under an award for the salary of 
 a school teacher, declaring the trustees individually liable on the ground " that the 
 trustees did not exercise all the corporate powers vesteil in them by the School 
 Acts for the due fulfilment of the contract" made by them with such teacher. Held, 
 that the award as evidence tlid not sup]5ort pleas which averred as required by the 
 [tioentieth}^ clause of the \hi<rnly-seTenth\ section of the Consolidated School Act, a 
 wilful neglect or refusal by the trustees to exercise their corporate powers as the 
 ground for making them personally liable. 2. That, on the facts, the defendants 
 as tnistees were not personally liable, the award ascertaining for the first time the 
 exact amount due to the teacher, and declaring the tnistees personally liable 
 without giving them any opportunty to exercise their corporate powers to raise the ■ 
 money to pay it, — A'ennedy v. Hall et al., /Vo. j, Oneida. 7 C. P. R. 218. 
 
 Note. — An award for a teacher's salary cannot nov be made. All salary disputes with teachers 
 must be settled iu the Divisiuu Cuurts. 
 
 
.14 
 
 (4.) The srtinc Court has decided tliat wlierc tiiisiLCs become personally liable 
 under the statute, it is necessary to show that tlure lias been scne adjudication of 
 the (iicl of wilful neglect or refusal to exercisi- the corporate powers vested in ti.em 
 for the fulfilment of any contract or ajjreenient made by them, before such 
 liability can be enforced. — A'(f//«it^' V. Miuklciii d al. C P. R. 192. 
 
 (5.) When }\rM<ual Liability of 'J'nistcc arises. — 'Vlie Court of (Queen's Ilench 
 has decided that trustees cannot be held liable unless they wilfully nej^lect to do 
 their duty : not where they decline in g()o<l faitli to exercise their corporate ])owers, 
 on account of any iloubt or legal difTiculty which they suppose to exist. — Vanliinrn 
 V. Bull it al. .Vu. 2, Jiuiinloii. U) (). 15. K. 633. 
 
 CIIAPTEIJ II. 
 
 rOWKRS AND DUTIES OF TRUSTEKS. 
 
 I. — (iENKRAIi ('((Kl'OHATK PoWKHS. 
 
 1.- Rural Trustees to be a School Corporation. 
 
 The law (Icdart'S tlijit " the 'riustccs in cacli scliool scc;ti()ii sliall lui a 
 •coi-ponitioii, imdor tlic name of Thr Pi(hlir Sc.IiodI. TnistccH of Seetloih 
 
 J^o. — , in the Toioiif</i!/> «/' , iit fJn' ('.)iuif[i 0/ . And 
 
 no such corporation sliall cease i)y reason of" want of trustees; l)ut in 
 cjuse of such want [the ins|H'ct()r or] any two assessed freeholders or 
 householdei's of the section may, l»y giving <!//.»• days' notice, * * * 
 call a meeting of the assessed fr<'eholders or householders, who shall 
 proceed to elect th !•<■(> trustees; * * "' and the trustee„s thus 
 elected shall hold, and retire from, otlice in the mannei' prescrilKjd, for 
 trustees." 
 
 2.--6eneral Powers and Liabilities of a Corporation. 
 
 The Consolidated Cleneral Interpretation Act further declai-es that 
 " Words making any association oi- numher of persons a corjioration, 
 or body jnditic a,nd corporate, shall vest in such corporation power to 
 sue and lie sued, contract and be contracUnl with, by their corporate 
 name; to have a. common seal,* and to alter or chang(! the same at 
 ploiusiu'e, and to have [)erpetual succession, and power to acciuire and 
 hold pei-Konal property and nio\(;ables for thc^ i)ur])0.ses for which the 
 co)-poration is constituted, and to alienate th(^ same at jilea.sure; 
 and shall also vest in any majority of tla; iru'udiers of the coi-poration, 
 the power to bind tin; others by their acts; and shall exempt the 
 individual members of the cor))oration from jtersonal liability for its 
 
 * A corporation beinn an invisible body, cannot manifest its will by oral comniunicaiion : a 
 jiecuiiar mode bas therefore been devised for the authentic expression of its intention^ — namely, 
 the affixing of its common seal ; and it is held that though the particular members may express 
 their private consent by words or signing their names, yet this docs not bind the corporption ; it 
 is the fixing of the seal, and that only, which iniilcK the several assents of the individuals com- 
 posing it, and mr.kes one joint assent cjf the wholt. Smit/i's MeraiHtile Law, U. /, Chap. 4, 
 
ilebts or obli^atioim oi- iu;tH, provided tlicy do not coutnivonc th(5 Act 
 incorpoi'iitinjj tlieiii; — But no corjioi-iition sliall cany on the busiueHS 
 of biinkinf^ [i.e.. taking or isHuing promissory notes, itc], unless wIkmi 
 sijch j»o\voi' is expressly conferred on tlieni by Statute. »See '■'■ ])eclsioti8 
 ofCoartu" next section (1). 
 
 3. Decisions of the Superior Courts with regard to School 
 
 Trustee Corporations. 
 
 (l.) Ciniiliitioii of School Orders on 'J'rcasiircr an Acl of liaiikbii^ contrary to 
 Law. C'liicf Juslicc Draper thus condemns unaulhuri/ed acts of banking on the 
 part of corporation. lie says: "The evidence i;iven at this trial shows that a 
 practice liad jjrown \\\i for the defendants to j;ive orders on their treasurer, which, 
 w lien he had accepted iheni, j^ot into circulation, anil at hist found their way into 
 the collector's hands, i i payment of taxes. Such a practice seems to me at vari- 
 ance with the spirit, '.f not the intention, of the Consolidated Municipal Act, 
 which enacts that no council shall act as a hanker, or issue any bond, bill, note, 
 debenture, or other undertakinj^ of any kind, or in any form of the nature of a 
 liank-hill or note, or intended to form a circulatiii}^ medium, or to pass as money; 
 and any bond, bill, note, debenture, or other undert.iUin;.; issued in contravention 
 of this section shall be void. — In re A/nnson v. the J/iinicipality of Colliuj^Xi'ood. 
 9 C. v. R. 497. 
 
 (2.) ./ Corporation a;^grcf;atc is not fionnJ to appear as ll'itncssrs in Conrt, Intt its 
 fndividnal Mcnihcrs may Iw siiffaiiatd.--'Vhii Court of Common Pleas has decided 
 that a cor[)oration aj^j^rejjate is not bound to .ippear at the trial as witnesses, under 
 a notice served on its attorney under the Consolidated Statute 22 Vict., chap. 32, 
 sec. 15. If the individual members are re(|uired to ap[)ear, ihey must be individually 
 subjxjL'naed. — Trustees Afo. 2, J)ninoie/i v. MeBeatli, 4 C. 1'. K. 228. 
 
 (3. ) Tioo School Trnstees can enter into a Contract against the ~,eislies of a third. — 
 The Court of Conuuon JMeas has decided that a contract entered into by two 
 trustees under the .School Acts, with the corporate seal attached, is sufficient, and 
 a plea that it is sijjned by the t\No subscribing tnistecs, without the consent or 
 approl)ation of the third [but not without his knowledge,] was held io be bad. — • 
 Forties \. 'J'rnstces, iVo. i, P/ymfton. S C. I'. R. 74. (See next decision.) 
 
 (4.) Jhit two Trustees cannot act without consulting a third. ~-Thc Court of 
 (Queen's Hench has decided that two of the trustees of a school are not competent to 
 act in all cases without consulting the third, and giving him an o)>portunity of 
 uniting in or opposing the acts of his colleagues. — Ranney et at. N'o. 15 West- 
 minster. 12 (^. H, R. 377. 
 
 (5.) .'/ 'JVustee, when sued for a Corporate Act entitled to Notice of Action. — The 
 Court of Common Pleas has decided, in a case of alleged trespass under a warrant, 
 that a school tnistee who is sued for any act done in his corporate capacity, is 
 entitled to notice of .action, and that the actit)n must be brought within six months; 
 and that a school tnistec, acting in the discharge of his duty as such, is entitled to 
 the protection of, and ctnnes within the Consolidated Statute, 22 Vict., chap. 126, 
 notwithstanding he should have signed a warrant individually, instead of in his 
 corporate capacity. — Spry v. Munby et al.. No. if, Kawdon. il C. P. R. 285. 
 
 (6.) Protection of Trustees, Collectors, and other lawful .School Officers. — The 
 following are the provisions of the act for the i)roleclion of magistrates and others, 
 to which the judge in the foregoing decisions referred., 
 
 Sec. I. Every action brought against any Justice of the Peace for any act done 
 by him in the execution of his duty as such Justice, with respect to any matter 
 within his jurisdictiou as said Justice, or against any other officer or person fulfilliiig 
 ■any public duty, for anything by him done in the performance of such puldie duly 
 
[inteiprclc<l by the court in the foregoing case (i I C. P, R. 285) to apply to scliool 
 trustees and to collectors of sclujol rates, when acting under tlie trustees' lawful 
 warrant] whether any of such duties arise out of the common law or be imposed 
 by Act of rarliarnent, either Imperial or Provincial, shall bean action on the case 
 ns for a tort, and in the declaration it shall be expressly alleged that such act was 
 done maliciously and without reasonable and probable cause ; and if at the trial 
 of any such action, up6n the general issue pleadetl, the piainlifT fails to prove 
 such allegation, he shall be non-suite<l, or a venlict shall be given for defen- 
 
 Sec. 20. So far as aj>plical)le, the whole of this Act shall apply for the orotection 
 of every officer and person mentione<l in the first section hereof, for anything done 
 in the execution of hisofl'ice, as therein expressed. 
 
 NoTK. — The /7<r//'W// section of the School I.;iw Ameiidtiicnt Act of i860, .ilso proN ides th.it 
 " 'I'nistees sh.ill not be M.-ible to ;in v prosecution, or the payment of any duniugC!. for ucting iinJci 
 any byelaw of a municipal Council before it has been t|nashed." 
 
 II. — P0Wli:KS AND Dl'TlKS OF TrUSTi-^ES IN AEUAllU TO THK SiTK 
 
 AND 8i;itOOt.-H(>lSK. 
 
 4. —Duty of Trustees in regard to the Site of a School-House- 
 
 Iiv any school section, should a n«w school site Ih^ (IociikhI tlosirahle, 
 the trustees,, or tlic County InsjKictoi- shall call a school niomtinjj; to 
 •leciile the tjuestion. Should a difterence of opinion aiise hetwtn^n a 
 majority of the trtistees and the rate|)ayers on the subject, the matter 
 must he referred to arbitration, as exjdained in the chapters relating 
 to " School Meetings," and " School Sitt^s," hut the trustees alone 
 have the legal right to decidt^ upon tht* size or enlargement of a school 
 site, as provided in section 7. , 
 
 5.— Trustees to acquire and hold, by any Title, School 
 
 Property. 
 
 Ti'ustees are required by law to "Ttike possession and hnvo the 
 
 ctistody and safe keeping of all public school property which has been 
 
 acquired or given for public school pur|)oses in such sectit)n, and to 
 
 acquire and hold as a corporation, by any title whatsoever, any land, 
 
 movable proj)erty, moneys, or income for public school puiposes, ami 
 
 to apply the same according to thtj tt?rms on which the same wevo 
 
 acquired or received." 
 
 6.— Necessity for a proper Title to the School-Site. 
 
 Tlie provision of the law, and esi>ecially tlie following one, which 
 vests all school property in the trustee corporation for the jjurposes of 
 sale, i-equires that trustiees should, whenever pi-acticable, obtain a tleed, 
 a bond for a deed, ti lea«e, or other iegjil instniment, granting quiet 
 po.ssession to them of the property in their section, in Cfise they have 
 not sufficient title to it. Objection is frequently made to the right of 
 tinistees to assess the section for the repairs or building of the school- 
 house, where no full legal title to the school pi-emises is vested in 
 them. To remove this objection (although it is only a technical one), 
 tnistees should obtain the legsU instrument refen-ed to, and have it 
 
17 
 
 rogisternd without ilehiy''' Kvcry ]tublic Hcliool Iiouhp iintl Hit© am 
 oximqit from taxation, as i)rovitlp(l in tlu^ AssoHsnu-nt Aft. ■ • 
 
 7.— Registration of Trustees' Title to School Premises. 
 
 The trustees shouhl not fail to rej^ister their title to the school sit«\ 
 In ease tlie owner of a site! nifuses to 8(^11 it to the trustees, and they 
 ure compelled to take possession of it under an awiivd of arhitratom 
 (as authorised by the School Act of 1H71), they should register the 
 award, if the owner should refuse to give them a title luider the 
 award. 
 
 Noi K. — Want of registration of title does not dejirive llie trustees of the right 
 to assess ami collect money for any of the scliool purposes of the section. 
 
 8 —When Trustees may Sell a School Site or other Property. 
 
 School trustee cor|>orations can disjjose, by sale or otherwise, of any 
 
 bchool site or school ju-ojierty which may not be re(juii-ed by them, in 
 
 • The folhnvhig k the form of DccJ: — 
 Fonn of Deed for the Site of the Sshool-Honse, Teacher's Beaidence, &c. 
 
 THIS INDKNTURE, made the day of , in the year of our Lord one thousand eight 
 
 hundred and , in pursuance of the School Acts of Ontario, and of the Act respecting the 
 
 transfer of real property, between , of the J'ow.iship | /'VZ/rri'-c, Ttmni, or City] of , iu 
 
 the tjonnty of , and Province of Ontario. \liitsiness or Cnlli>iff\, of the first jiart ; 
 
 , wife of the said party of the first part, of the second part ; and the Public School Tnistees 
 
 of Section No. , in the 'i'ownship of , in the County of , and Province aforesaid, of the 
 
 third part : 
 
 WITNKSSETH, that in consideration of dollars of lawful money of Canada, now p.iid by 
 
 the said 'J'rustees to the said party of the first part Cthe receipt whereof is hereby by him acknow- 
 Icdged), he, the .said party of the first part, doth grant inito the said Tnistees of the .School 
 Section aforesaid, their successors and assigns for ever, all and singular that parcel of land [licscril'- 
 ill f^ it injiill] : 
 
 TO HAVE AND TO HOF.D the same, in trust to .ind for the use of a Public School [and 
 
 Te.acher's Residence}, in and for School Section No. — , in the Township of , and in the 
 
 County and Province aforesaid, according to the provisions of the School .\cts of Ontario, and for 
 the education of the resident youth of said School Section, 
 
 The said party of the first part COVENANT'S with the said Trustees that he hath the right to 
 convey the said lands to the said Trustees, notwilhstanding any act of the said party of the first 
 part: And that the said Trustees shall have quiet possession of said lands, kkkr from At.i. 
 INCUMURANCKS : And the said party of the first part COVENANTS with the said Trustees, that 
 he has done no act to encumber the said lands : and the said party of the first part releases to the 
 .said trustees all his claims upon the said lands : A'ld the said party of the .second part hereby bars 
 her dower in the said lands. 
 
 IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals, 
 in the day and year before mentioned. 
 
 \.C..\^Setler'sSi-al.] 
 Signed, sealed, and delivered, F. R. [Seller's H^i/e's Seal.] 
 
 in presence of T, H. 1 ... . . 
 
 H T ) M H f- Jriistees 
 
 ,, ■ .p ■ ;- H' itnesses. .■ '., ' 1 Corporate Seal. 
 
 NoTK. — When the land has descended to the wife in her own right, she must, besides joining 
 with her husband in the Conveyance, appear before two Justices of the Peace, to declare that .she 
 has parted with her estate in the land intended to be conveyed, without any coercion, or fear of 
 coercion by or on the part of her husband ; and the certificates of such Justices must appear on 
 the back of the conveyance on the day of its execution. The form of their Certificate is as follows : 
 
 " We [inseriiit,^ the names]. Justices of the Peace for the County of , do hereby certify 
 
 that on this day of , 187 , at , the within deed was duly executed in our oresence, 
 
 by , the wife of , one of the grantors therein named ; and that the said wife of said 
 
 — ; , at the said time aad place, being examined by us, apart from her husb.ind, did appear to 
 
 give her consent to convey with her estate in the lands mentioned in the said deed, freely and 
 voluntarily, and without coercion or fear of coercion on the part of her husband, or of any other 
 person or persons whatsoever. 
 
 "R. W , 7. P. 
 
 Dated this — day of ,187. " " A. M ,7.1\ 
 
 ■■;/• 
 
18 
 
 coMHcquenco of ii diaiimi of kcIiooI sito, and convey tl»« vnxww. uiulcr 
 their cor]>orat(* s«ial. Tliey aro n'(|uir(i(l to apply tlic protMu^ds of tim 
 Kale to lawful sc^liool piiipoHeH. All siU's and other property <j;iven or 
 acquin^l for puldic school purposiis vests, thei-efore, al»soiiit<fly in the 
 trustee corporation for this purpose. (Si^c^ chapter on " Sdiool tSitus") 
 
 9.— What constitutes adequate School Accommodation. 
 
 The law declares that trustees "shall provider ade(piat(Miccoinnioda- 
 tions for all tla; children of school age [/.»', hetwiuMi the a;^t!S of live 
 and twenty-one years, ntsident] in their school division" {i.e., school 
 Hection, city, town, or village). The "acoonnnodatit)n," to he adecpiate, 
 should inclu(hi: 
 
 (1.) Size oj' Sid}. — A site of an acre in cxtenl, lnit not less than 
 half-an-acre. 
 
 (2) Sizf, (>/' J'<>niiiH.—\ school house (with se|»arate looms where 
 the number of pupils on the roll excecids lifty), the walls of which 
 Khali not he less than ten fe(!t high in the clear, and which shall not 
 contain less than nhw sijuare feet on tla^ floor fol- (iacli child in 
 atttMidance, so as to allow an area in each room for at htast one 
 hundred cuhic feet of air for each i-hild.'' The rooms iinist also l»(» 
 siifliciently warmed and vcMitilatcnl, and the jacmises properly drained. 
 
 (3.) Fence. — A sufficient {onco or [)aling round the school prcMuises. 
 
 (4.) A Plan (rvniuul, or other satisfactory provision for )»hysical 
 exei'cise, within the fences, and off the road. 
 
 (5.) A Well, or otiiei' means of procuiing water foi- the scliool. 
 
 (0.) Septintfe (JJfires. — Projier and s(!parate offices for V)oth sexes, 
 at some little distance; from the school house, from each otln;r, and 
 enclosed with a high ami secure fence. 
 
 (7.) A/a/»i, A i)j)(U'atns, mul Lihrarfi. — Suitable school fiu'niture aiid 
 apparatus, desks, seats, blackboards, maps, library, }>r(!sses, and books, 
 «fec., necessary for the efficient conduct of the school. (See section 14.) 
 
 Note. — Goicral dirirtions to Trusttvs in iri^ard io .Sr/ioo/ /-"yvw/.ir.f.— 'l'liu scliool 
 jji'ouiid slioulil, in the nual sections, enilir.ice nn acre in extent, and not less than 
 half-an-acre, so as to allow the school-house to lie set well hack from the roail, and 
 to furnish play-j,noun(ls within the fences. A convenient form for school grounds 
 will be found to l)e an area often rods front by sixteen nxis deep, with the sciiool- 
 housc set back four or six ro<ls from the road. The {^rounds should be stron}j;Iy 
 fenced, the yards and outhouses in the rear of the scliool-honse being invariably 
 .separated by a high and tight board fence; the front grounds being planted with 
 shade trees, shnibs, and flowers in their season. Various simple plants, re(|uireil 
 for illustration in the lessons on botany, niight be cultivated near the school-house. 
 Flowers, i)eautiful in themselves, have a most delightful and humanizing influence 
 on children and youth, who should be taught to care for ami preserve them from 
 harm on the school jiremises. 
 
 10.— Erection of School House, Teacher's Residence, &o. 
 
 The tnistees alone have the light to decide upon the cost, size; and 
 -description of school house, or teacher's I'esidence, which they shall 
 
 * Thus, for instance, .1 room for fifty children would require space for Sjooo cubic feet of air. 
 This would be equal to a cube of the following dimensions in feet, viz. : 25 x 20 X 10, which is 
 ■equivalent to a room 25 feet long by 20 wide and 10 feet high. 
 
rrcct. No nit<>|)aycr, imltlic nicntiii^', or (roiiiniittoi! Iitui iiuy uutiiority 
 to iritcrf'orci with Uic.in in tliiw iiiiittcr. Tiny iuivri also full powttr to 
 (Iccidf wliat f(Uic(>s, oiitl*iiil<liii<,'H, kImmIn and otli<>i' a('<;<)tiiino(latioiiH 
 nhall \tv provided, as t-xplaiiu'd in wction !». To tliciii also ox- 
 cluNivoly l»«'lon;^H the (hity of having,' the st-hool j,'ro\iiidH planted with 
 shade tif* s, and pi'operly laid out. The power of tlu^ scthool iiieetiuf^ 
 is limited to the siiij^le (pieslicui as to /i<iin the nioiiey re»|uir(Hl hy tho 
 truster's shall he raised, whether hy the trustees theinsidvtss, or by tlu) 
 Township (!ouneil. 
 
 11.— Restriction on tho Uso of tho School House. 
 
 No sehool house or lot (unless so pro\ idcd for in the deed), or any 
 l)uil<lin;^^ furniture, or other tiling piMtiiiniuL; thereto, shsdl htMised or 
 oeeupied for any other purpose than for the usc^ and aceomniodatiou 
 of the pul)lie schools of the section or division, without the express 
 permission of the trustee corporation, nnd tiien only alter school 
 hours, and on condition that all (hunajL^'es he made K***J<1) and cleaning, 
 sweeping, tfec, ])roniptly done, or compensation nuuh;. 
 
 12.— Duty of the Trustees in Regard to tho Care and Repair 
 
 of School House. 
 
 Trust^'es are recpiested to ajtpoint one «»f their numlier, the Secre- 
 tary -Treasurei- or other i-esponsihle ])erson. and giv(! him authority, 
 as Weil as make it his duty, to keep the school-ho\ise in good repair. 
 He should also .se(^ to it that th»^ windows are properly tilled witli 
 glass ; that, at a pro)ier sea.son the stove and pipe are in a tit condi- 
 tion, and suitalde wood provith^l ; that the desks and seats arc in 
 good repaii' ; that the outhouses aie properly j»rovi(led with doors, and 
 are frecpiently cleaned ; that the hlack-lioartls ai-e kept painted, the 
 water supjdy ahundant, and (iverything is pioviih'd neces.sary foi' the 
 comfort of the puj)il and the elliciency of the school. 
 
 13. Decisions of the Superior Courts in regard tc the 
 
 School-House. 
 
 (l.) 'I'n(slt\\< (itii /,~[v ii idtr/or t/ir mrlioii o/a St/zoo/- /A'/ts^.Thi: Vo\nt of 
 ^J'lH.'cn's Heiicli ll^^ decided tliiit. uiidi-r the School Acl, school trustees are autho- 
 rized to lew a rate for the erection of a sdiool-house in their section. — Chief 
 Supcriiitt'itiliiit of /u/iii-iUii>)i, ij/^f'dlant in ir Kdly \. lLili:;cs, Biiifoni, and 13, 
 Windhant. 12 (). H. K. 531. 
 
 (2.) Sc/icol-I/oNs,- Coii/ntifs not ihdid 'oitlioiit Trnslcc Corporate .SVv//.- The Court 
 of C'onuuon I'leas lias decided llial tiie Trustees of a School Section, beinjj a cor- 
 l)oration under the .School Acts, are not liable as such to pay for a school-house 
 erected for and accepted i)y them, not having contracted under seal for the erection 
 of the same. The seal is re(|uire<l as authenticating the concurrence of the whole 
 l)o<ly corporate. — Afars/ial/ v. Trnstca:, No. 4, Kilhy. 4 C. P. K. 375. 
 
 No IK. -Such a contr.ict, not beiiis liiiidiiiK on the corporation, would be binding on the 
 individual trustees who niaclc it with a liiird party, acting in good faith. Query, whether the 
 truslcc-corporation woidd not, by subsequently takinji; possession of the schoorhouse, or by some 
 other act, recognise the validity of the contract ? 
 
 (3.) Contract under Seal, signed liy a majority of the Corporation, binding. — The 
 s.ime Court has also decided tl.e following ca.se: — -A contract was entered into by 
 tii'o of the tru.stees of a section under their corporate seal for building a school- 
 
houfte; after the house was built the Trustees refusal to pay, on the plea that the 
 contract was' not legal, a jury havinjj yiven a verdict in favour of the trustees, a new 
 trial was ordercil, and the l<)nner verdict in favour of the trustees was set aside. — 
 The Court held that a contract entered into by ht>o trustee^ under the School Act, 
 with the cor|)()rate seal attached, is sufficient ; and a [)lea that the C(jntract was 
 signed by the hvo sui)scrii)ing trustees, without the consent or ap|)rol)ation of the 
 ////>•</ was //<■/(/ bad. — Forks v. Trustees, No. S, Plymfiton. 8 C. I'. U. 73, 74. 
 
 (4. ) Alteration 0/ bonnJaries no valid pvnnd/or refusing to levy A'tite to f>uyfor 
 n Sehmd-IIouse. — ^'I'lie same Court has decideil the following case : —The plaintiff 
 recovered a judgment in March, 1858, against the school tru ;tees for a ilebt due to 
 him for building a schooNhouse for the section, and made several unsuccessful 
 attempts to obtain payment of the same from the trustees and their successors in 
 office. The trustees always refused to levy a rate, or to |)ay the judgment. To an 
 application for a mandmnus, to compel the trustees to levy a rate for ])ayment of 
 the judgment, the C!ourt held that it was no answer that, since the recovery of 
 the judgment, two alterations had been made in the limits of the section, and that 
 many changes had taken place among the rate-papers originally liable; or that the 
 merits of the claim upon which the judgment was founded were capable of being 
 impeached, — yohnstou v. Seliool Trustees of Hiunvieh, 20 Q. B. 264, distinguished. 
 Scott \. Trustees, No I. /iuri;ess, and 2 Biit/iurst. 21 C. I'. K. 398. 
 
 (5. ) Sehool-] louse and Site iu use not liahle to he sold on Judgment against Trustee 
 Corporation. -'\'\\c Cowr\. of (Queen's IJencli has given judgment as follows: In a 
 case in which a school-site had been given to the trustees for the purposes of a 
 school (with the condition that it shoulil revert to the giver in case it should cease 
 to be use<l for school purposes^ and on which they had erected a school-house, 
 judgment was obtained against the corporation for the money due on the building 
 contract. The school-house and site were actually sold and ileeded by the Sheriff; 
 Init the Court held, that the house and land could not lawfully be sold— it being 
 contrary to public policy that a school-house in daily use (any more than a court- 
 house or jail) should be held liable upon a writ of execution, as not the trustees, 
 but the inhabitants of the section, are the eestuis que trust (i.e., the jiersons for 
 whose benefit the trust is held). The jjlaintifT should have resorted to his other 
 remedies against the trustees for neglect of duty, <X:c. [as provided in Xhc tioentieth 
 clause of the tiventy-snjenth section of the Consolidateil School x\ct.]--.Si('// v. 
 Trustees of Union Section, A^o. i Burgess and 2 Bat/iurst. 19 (^. U. R. 484. 
 
 (6.) Trespass on the School-House. — The Court of (Queen's liench has decided 
 that the trustees of the school, and not the teacher, should sue for a trespass on 
 the school-house; unless it can be shown that the trustees have given the teacher 
 a particular interest in the building, beyond the mere liberty of occupying it during 
 the day for the purpose of teaching. — Afonat^han v. J-hg/ison et al., A'o. — , /.on- 
 don. 3 Q. H. K. 484. 
 
 (7) The Assessment Act <t\.itm\>{s Winn taxation " every [jublic school-house, with 
 the land attached thereto, and the personal jiroperty belonging to it. " 
 
 Note. — See chapter on ".School Meetings," .ind Decisions of the Courts in regard to School 
 sites. 
 
 III. — PowEK A>fD Duties of Trustees in ueoakd to the 
 School, Teachers, kc. 
 
 14.— Bight of Trustees in regard to Teacher, Apparatus, 
 
 Books, &c. 
 
 The tiiistees alone, and not amy imblii; rueethuj, liave the right to 
 decide what teacher shall be employed, how much shall be paid to 
 him, what apparatus, library, prize, and text books shall be purchased, 
 what i-epairs, contingent expenses for stationery, postage, wanning 
 
 "• ♦, 
 
niid clcaiiiii^ tli<' kcIiooI-Iiouhc, S:r., hluill lie tiiil]iori/i>i] (iw cxitluiittHl 
 ill hcrtioii 12, itmccdiii^) ; in hIidH. every tliiii;^ tliey limy tliiiik 
 t'X|M>(li('.iit to »!(• lor the in t( rests of tlie kcIiooI. 
 
 16.— Who shall Dotermino tho Expensos of tho School. 
 
 The iimjority of tho triiKtecK of eveiy »«ch()(>l Heetioii have tii(' ri^ht 
 to decide what expeiiseH they will iiiciii' for iii;i)»h. M-hool fiiniidiro, 
 apparatus, iihrary and pri/c liooks. snhiries of teaeliers. rent of seliool- 
 lioiine, wiinninji^, eleaiiin;,', repnirs, (•(Mitin^'ent and nil otln>r expeiiHcs 
 of tJieir Heliool (as exphiinc i| in the precediii;^ section). The tniNte(« 
 lire not reipiired to vcfi'V such matters to any public meeting,' what- 
 ever, since th(\v alone have the ri;,dit to decide as to the nature and 
 iiiiioiiiit of any expenses which they may jmi;,'e it expiMlieiit to incur 
 for Hiiuh purposes. 
 
 16— Trustees to Establish Troo Public School Library. 
 
 Trustees are rr(juireii, under the ji,'encral rc^Milatioi. i, to est,ii)lisli ii 
 
 friM' piihlic school lilirary for the children and rateiiiyers of their 
 
 section. They can appoint and pay any competent jterson to act as 
 
 lihrarian. In case tliey do not appoint any such person, the t(^acliei' 
 
 is reijuircd to act as liltrarian >x-<>l/icio for the section. (See cliapter 
 
 JX., relatinj^ to tcacheiu) 
 
 NulK. — 'I'lu' iiropcrty of cvciv |iul)Iic library is lAcniin from taxation. Oiie 
 luiiulrcd ]jci' cent, is allowed \>y the C'liicf .Sujierintciulent on all sums over 
 $5, remittal to the departnieiit for library books, maps, apparatus, and jirize 
 books. 
 
 17.— Who have a right to attend tho School. Restrictions. 
 
 Tnistoos are reipiired hy law to jn-ovidc accommodation for, ami 
 admit to their school, the children of all resident and non-resident 
 iate]»ayers* of tlunr section, hotween tho a<,'e of live and twenty- 
 one ytiars, .so lon<^ as their conduct is in conformity with the gen«!ral 
 vegidations, and "the rules of tho school, and tlu! rates reipiinul to ho 
 paid on thoir hohalf are fully discliarged." 
 
 NoTK.- -Tlic trustees have no authority to provide accommodation for, or admit 
 to their school, the children of any non-residents who are not ho n a fide rateiiayers 
 of their section ; nor can they under any jjreLence (such as volunteer [layinents, or 
 s\il)scriptions) collect or recei\e fees or rate*)ills from such non-residents for ad- 
 mission to the school. (See section 4, of chapter IV., relating to iioii-resiJeiits.) 
 
 18— Authorized Text Books can be alone used. 
 
 The Act declares that trustees shall *' see that no imaiithorizeil 
 text books iu-e used in the schools, and that the pupils are duly 
 supplied with a uniform series of authorized text books sanctioned 
 and recomnieiuled by the Council of Public Insti'uctiou." The Act 
 
 * The law declares that the cliild or children of non-resident ratepayers " shall not be returned 
 as attending p.ny other than the school dI the section in which the parents or guardians of such 
 child or children reside." 'J'he tnislces and teacher of a school at which non-rebidcnt rate- 
 payers' children attend, muEt sec that the law is complied with in this respect. 
 
« 
 
 further declares that " no person sliall use any foreign books in the 
 bmnches of English education in any school, without the expiess 
 jiennission of the Coiuicil of Public Instruction." ^ 
 
 19— Trustees' Visitation of the School— their responsibility 
 
 for it. 
 
 The Act retjuires the trustees " t<i visit from time to time, each 
 school muler their charge, antl see that it is conducted .iccoi'ding to 
 the authorized regulations, and that (Mich such school is, at all times, 
 duly provided with a [school and genei-al] register and visit<n"s' book, 
 in the form prepared according to law." They are also i'e4uired " to 
 procure annually, for the Itenefit of their school section, some 
 periodical devotetl to education." 
 
 NoTi:. — The individual power of a triislce in a school is limited. It does not 
 inchule any rit;ht on his jiait to interfere with the teaclier in his administration 
 of discipline in the school, nor in his mode of teaching. The teacher is not in 
 any way subject to the direction of an individual trustee, unless acting under the 
 express authority of both of his colleagues. In no case has a trustee the right to 
 reprove or censure a teacher in the presence of any of his pupils. 
 
 20 —Second or Female School— unite with High School- 
 
 Tni.stees are authorized " to establish, if they ileem it expedient, 
 with the consent of the County In.si)ector of schools, both a female 
 and male school in the section, each of which schools .shall be subject 
 to the same regulations and obligations oh public schools geneiidly ; 
 and " when a neaDuf school-house is r(*quired, then to rent, re|>air, 
 furnish, warm and keep in order a hou.se, and its appendages, to be 
 used aa a school-house. They ai-e further authorized " to take such 
 steps as they may judge expedient to unite their sclund with any 
 liigh school, which may be within or adjacent to the limits of their 
 section." • 
 
 21.— Duty of Trustees and Teacher to report to the Inspector. 
 
 The laAv declares that a school section shall forfeit its share «)f thu 
 .school fund, and the tnistees become pei-sonally responsible ft)r such 
 loss, should they or the teacher fail to furni.sh the Inspector with a 
 full and satisfactory rej)ort every six months and at the end of the 
 year in the form provided. J^^rom the instructions printed on the 
 reports themselves, tnistees will see that the inspectoi-s are directed 
 to return to them all incomplete oi- incorrect reports. 
 
 22.— Ordei's to be given to qualified Teachers only lor the 
 
 School Fund. 
 
 Tru.stees are authorised " to give the teachei-s employed by them 
 (and to none others) the necessary orders upon the county inspector 
 for the school fund apjiortioned and payable to their school section ; 
 but they shall not give such order in behalf of any teacher (or assis- 
 tant), except for the actual time dttring which said teacher, while 
 employed, held a legal certi%ate of qualification." 
 
Note. — Tnistees sometimes omit the giving of such orders to "teachers 
 employed by fliem," and thus, designedly or unwittingly, evade the law. They 
 do so for one of four reasons, viz.: (l), if they have advanced the money to the 
 teacher themselves; or (2), have paid him hy orders on a store; or (3), if they 
 have emjiloyed a teacher without the legal qualifications ; or (4), if they wish to 
 aid a male teacher to evade paying the half-yearly superannuation money. In all 
 these cases inspectors should renjonstrate with tnistees, and in case of a repetition 
 of the evasion, withhold the grant to the section. Every order should be made 
 out in favour of the teacher employed during the time for which it is issued. (See 
 chapter i.\.) 
 
 CHAPTER III. 
 
 POWERS AND DUTIP:S OF A SCHOOL SECRETARY- 
 
 treasuri:r and collector. 
 
 1— Appointment and Duties of a Secretary-Treasurer. 
 
 Tilt! t istoos iU'P rc(jiiin'(l ''To appoint one of tlK^msolves, or 
 soiiK' other pei-son, to l»e spcrfitury-trpasurer to the cor})orjitiou." The 
 secrotary-ti'casiircr shall give; such .security as nmy l)e required by 
 a inajoi'ity of tlie trustees. Tlie trustees must take this security and 
 deposit it for safe keeping with the towiishii) council. The object of 
 the apjtointinent of a secretary-treasui-er ia : — 
 
 (1.) Sa/etj/ 0/ Pdjm'ti. — For the correct and safe keeping and forth- 
 coming (wlien called for) of the papers and moneys beloivging to the 
 coi'poi-ation ; 
 
 (2.) liecm'd of Proceed !ni/f<. — For the correct keeping of a record 
 of all their proceedings, in a iiook procured for tliat purpose ; 
 
 (3.) ArcoantH j'w Moneijx. — For the receiving and ace iiting for 
 all school moneys, collected by school rate, subscription, i' other- 
 wise, fi-om th<! inhabitants of such school section ; 
 
 (4.) J'aipitaiit of J/onei/x. — Foi' the disbui-sing of such moneys in 
 the mainiev dii-ected by the majority of the trustees. 
 
 (T).) Hepair of House. — And for seeing to the repair of the school- 
 house, and car(! of the school premises if desired by the trustees. 
 (See section 12 of chaj)ter TI.) 
 
 2.— Penalty on Secretary-Treasurer or Trustee for refusing 
 
 to Account- 
 Should any secreta)'V-ti'(nisurei' or tnistee witldiold or refuse at 
 any time "to deliver up, pay ovei-, or account for any books, papei"s, 
 chattels, oi- moneys, which came into his possession as siu^h secretaiy- 
 treasurer, or trustee, # * * or any part tlun-eof to the 
 
 person, and in the nninnei" directed by a majority of the school 
 tnistees for the school section then in office, such withholding or 
 
 \ - 
 
24 
 
 refusal hIuiU be a Tnisdeme^iuour." Ajiil tho County Judge is autho- 
 rized, ou the application and affidavit of two trustees or two mto 
 jjayera to dii-ect the deHn([ueut secretary- treasurer or trustee foi-tli- 
 with to delivei' uj) or account for the propei-ty in his hands ui)on paiii 
 of imprisonment, witliout bail until the order is complied with. 
 
 3.— Legal Frocoedings by Trustees against a Defaulting 
 Secretary-Treasurer. 
 
 The (joui-t of Queen's Bench has mIso decided, that a trustee 
 eorporation could maintain an action "for money had and received" 
 4igainst their secretary-treasurer, kj recover money in his hands not 
 expended or iwcounted for. Trustees of iSextuui 7, Stephen v. Mifchell, 
 2\) Q. B. K., 382. 
 
 4.— Appointment and Duties of a School Collector. 
 
 The Trustees are authorizecl to appoint oiw of tlunuselves, or some 
 other competent person, to be a collector of school rates. This col- 
 lector may also be theii- seci-etary-treasm-er. Under a Avarrant from 
 the trustees, the collector is antiiorized and required to collect the 
 rates imjiosed by them upon tho iiJiabitants of th(ur school section, 
 or any sums which such inhiibitants may liave subscribed. Tlui 
 trustees are authoi'ized to pay the colI(>ctor at the rate of not less 
 than Jive, or more than fen per cent, on the moneys collected by him. 
 Tlie law gives the collector the same pow(M's (by virtue of a v.arrant 
 signed by a majority of the trusleos) in collecting the school-rat(^ or 
 subsci'iption, and jdaces him under the same liability and obligations, 
 and he must pi'oceed in the same nuuiner in his school section and 
 townsliip, as a townshij) collectoi- does in collecting rates in a town- 
 shijt or coTinty, as providtnl in the ]\Iunicii)al (Joi'poration and Assess- 
 ment Acts which may be in force at the time of collecting th(! rate. 
 The collectoi" is i-e(juired to givt^ such secui-ity as may be satisfactoiy 
 to the trustees, which security shall be lodged with the to\vnsIiip 
 council, a« provided in the School Tjjiw of 1871.* 
 
 No'i'K. — The Collector is entitled to his fee on .ill school rates entered on the 
 Roll when handed to him by the Trustees, even should any of the rates he paid in 
 to the Trustees, the Secretary or Teacher in the meantime. He must be careful 
 to proceed in strict accordance with the law in the performance of his duty. 
 
 * The security referred to should be ijiven in the folKnving form: - 
 
 Bond of Collator of Sclwol-rntcs, or Secretary Treasurer. 
 
 Know all men by these presents : That W. H., of C, (.'olUwtor of u/iool-ratfs, (or St'cirtary- 
 
 Treasurcr, or both, as the cast- nia^ Ire], for School Section No. , in the 'I'oivnship of , 
 
 in the County of , and Province of Ontario, and F. IC, of H., in tlie said Province, are 
 
 firmly bound to A. 15., and C, Trustees of the School .Section aforesaid, in the sum of 
 
 dollars of lawful money, to be well and truly paid to the said Trustees, or their successors in 
 office, for which payment well and truly to be made to the said Tru.stees, we bind ourselves 
 jointly and severally, our heirs, executors and .tdministrators firmly by these presents. 
 
 Sealed with our seal.s, and dated at O., this day of , in the year of our Lord 
 
 •one thousand eight hundred and .seventy '. 
 
 The condition of this bond is such, that if the above bounden A. P., shall use all diligence and 
 employ .ill the powers vested in him to collect all .school-rates and assessments of the said 
 Section for which he has been appointed collector, (or in case of non-residents shall make oath of 
 his in.ibitity after diligent search to collect the rates due,) and shall pay or cause to be paid over 
 
•T.r; 
 
 5— Trustee School- Bate Boll and Warrant. 
 
 The tnxstoes are retiuired to make out, or liave made out, from tlie 
 Township Assessor's, or Collector's roll, a list of all persons rated by 
 them for the school pui-poses of their st>ctiou, and shall annex to such 
 list a ■warrant directed to the collectoi- of th(! section, for the collection 
 of the several sums mentioned \n such list. The list and wari-aut 
 ■should be in the following foj-m : — 
 
 (l.) rublk Sihool Rate Roll of Strtioii A'o. — , 'Jomnslii/) of . 
 
 Name of I'inson ratpil. 
 
 Dcscriplion of 
 Taxable Property. 
 
 'I'.ixable 
 Vahie. 
 
 Rate 
 in the 
 Hollar. 
 
 Amount of 
 Tax. 
 $ cts. 
 
 
 
 
 
 
 \Vk, the uiuloisiijiK'd Trustees of School Section Xo. — , in the Township 
 
 •of , hereby certify tluit we h;ive levied the forcf^foint^ Scliool-rate upon 
 
 taxable [)n)peity in our .Section, according; to the valitatiou of thai property, as 
 expressed in the Township .Assessor's [or Collector's] Roll for the year 187 . 
 
 To this lyist \\e hereto annex our warrant for tlie culiection of the foregoing 
 Rate, aildressed to A, U., our School Collector. 
 
 ) !7)7Avtoj' 
 I Corporate 
 Seal. 
 
 I )ated at - 
 this — day of- 
 
 -. 1S7 
 
 (2.) luiriii of Warrant for Ihc Colliition of Piibl'u- School Kates. 
 
 'i'o .\. V>., t!ollector of Priblic .School Rates, Section No. — , Township of , 
 
 Wk. the undersigned i'ulilic .Scliool Trustees of Section No. — , in the Town- 
 ship of , in the County of , by \irlue of the authority vested in us by 
 
 the OiUario Public School Acts, herei)y authorize and requi'-e you [here insert the 
 name and re^idence of the jierson apjioinled to collect the school-rale] after ten 
 days from the date hereof, to collect from the several individuals in the annexetl 
 School-rate Roll, the sum of money set (^pposile their respective names, and to pay 
 
 the amount so collected, within days from the receijit thereof, after retaining 
 
 your own fees, to our Secretary-Treasurer, whose discharge shall be your acquit- 
 tance for the sum so paid. And in defiull of ]iayment on denumd by any person 
 so rated, you are hereby authori7.ed an<l recpiired to levy the amount, with costs, 
 by ilistre^s and sale of the goixls and chattels of the person or persons making 
 -default, and found upon the premises rated, ux within the township [or townships] 
 <uu of which this school sectior. is formed. 
 
 Given under our hands and Corporate >eal of oflice, \ Trustees' 
 
 this day of -- -, 187 . \ Corporate 
 
 \ Seal. 
 
 NoiK.- In regard to non-residents, railw.iys, and )thcr mailers, see Directions to Collectors, 
 und Decisions "f the Courts, &c , further on. 
 
 .;11 moneys which he may collect (except his (i«n per cenuge) to the Trustees' Secretary- 
 
 'J'rfit.siiier\ o( the said School Section, within days Irom the receipt by him of such sum 
 
 culleclcd, and shall m.akc a full return within daVs from the date of these presents, then 
 
 this obligation shall he null and void, otherwise it shall remain in full force and virtue. 
 Signed, sealed, .md delivered ) W. H., Collector l.SV-rt/.) 
 
 F. E., Snrety for Collector (.^SV<!^| 
 
 d, sealed, .md delivered 1 
 
 in presence of J. G. !• 
 
 K. I!. ) 
 
 Nori:. Tliis Bond must be lodged with the township council. If the bond be for a. 
 secretary-treasurer .alone, insert the following instead of " shall use," &c. : " shall correctly 
 keep all the papers belonging to the school corporation, and shall receive and safely keep, and 
 faithfully disburse, upon the order of the majority of the aforesaid trustees alone, all moneys 
 collected by rate-bill, subscription, or otherwise, by the authority of the said trustees, and shall de- 
 liver up to the order in writing of a [school auditor, orj majority of the aforesaid trustees, when called 
 for, all such papers ;'.nd vouchers in his custody, and all such monevs, not paid out as aforesaid." 
 «) 
 
26 
 
 0.— For what a Section School Bate may be Collected. 
 
 A schoul-rato may l)e lawfully collected for iiny of the Hchool \mr- 
 poscs eininu'riited in sections 9 to 15, inclusive, of chapter I. 
 
 7.— For what a Section School Rate can not be Collected. 
 
 No rate can be lawfully levied : — 
 
 (1.) Teacher's Halni'if.—To i>ay the salary of any teacher or assistant 
 who does not, dui-ing the whole time of his employment l»y the trus- 
 tees, possess a legal cei-tificate of fiualification. 
 
 (2.) TrKHfees Chiiiii. — To pay any claim of a co-trustee for anything 
 except a school-site, or as renniueration for acting as a collector of 
 school rates. 
 
 (3.) (fost of Siufs. — To pay costs of an illegal suit, or fur unsuc- 
 cessfully defending a suit brought against them foi- illegal aicts. 
 
 (4.) Unnecessary Ex)tenxe.s. — For unnecessary travelling expenses, 
 itc. 
 
 (5.) Firr Excessire Interest, and the expen.ses of unauthorized loans, 
 «kc. 
 
 XoTK. — I'er.sons often illegally refuse lo ])ay seliodl rales levied liy trustees, 
 because — 
 
 (i.) A trustee may have omitteil to make the ileclaration of office. 
 
 (2.) Anil because trustees have no school-site deed; hut neillier (jf these objec- 
 tions are valid. The law provides other means of meeting such cases. 
 
 8.— Trustees to have access to Township Assessor's or 
 
 Collector's Roll. 
 
 The township ass(\ssor is required to deliver to the township clerk, 
 not later than the middle of April in each year, his assessment roll, 
 completed and addv^d up. From this roll, as finally approv(id by the 
 township court of revision, the clerk is required to make out a 
 township collector's roll. The clerk, or other officer having possession 
 of the assessor's or collector's roll, is required to allow any one of the 
 trustees, or their authoi-ized collector, to make a co[)y of it, so far as 
 it ndates to their school section. 
 
 NoTK. — Assessors to P'aliir Lainh siliiatcd in each Sirticr. —The .School Law 
 tleclares that : "Whenever the lands j)r property of any individual or coni])any arc- 
 situated within the limits of ta'o or more school sections, each assessoi a]ipointed 
 by any numicipality, shall assess and return on his roll, separately, the parts of such 
 lantls or property, according to the divisions of the school sections within the limits 
 of which such lands or property may be situate; but every undivided occupied lot, 
 or part of a lot, shall only be liable to be assessed for school purposes in the school 
 section where the occupant resides. (.See clause (5), of next section.) 
 
 9.— How the Trustees must be guided in making out the 
 
 Collector's Roll. 
 
 (1.) School. Trastees. — The trustees, in making out their collector's 
 
 roll, must be guided by the school map of the township, in case theie 
 
 should be any doubt or dispute ' as to the school boundaries. The 
 
 clerk is required, under a penalty, to make this maj», and allow the 
 
27 
 
 trustees' assessor or collector to have* iiccess to it. Tliey uiust also* 
 adhere strictly to tins townsiiip assessor's or collector's roll, iu re,i^ard to 
 the names of persons taxed, and the valuation of their pro[terty. 
 
 (2.) Omisitiov. — Should any omission or mistake be discovered in 
 the township roll, the council is authorized to correct it, so far as it 
 relates to each school section. 
 
 (3.) No Omin.fioHn. — The trustees must omit no taxable propei'ty 
 in the section from their list ; but thcsy may authorize their col- 
 lector to exem])t from payment of the taxes imposed by them, any 
 indigent peraon in their section. 
 
 (4.) Iiief/iialiti/ (i/ Anse.ininf.7it. — lu case of an ineipuility in the 
 roll of iusscissment in the parts of union sections, the reeves and 
 inspector concerned ai-e recjuired to ecpxalize the jussessments of the 
 various ])ai'ts. 
 
 (5.) Umlividod LoL—lii the case of an undivided lot (that is, the 
 whol or a portion of an orujinal 200 acre lot, owned by one person), 
 lying in one or more S(>ctions, and having the owner's or occupant's 
 residence thereon, it must be assessed only in the section in which the 
 owner or occui)ant resides. (See note to section 8 of this chapter.) 
 
 NoTK. — A "/(*/," as here spoken of, is one whicli contained two liundred acres, 
 more or less, accordinij to the original survey, and owned or occupied by a single 
 individual or company. " Pari of a AV, " is part of an orijjinal two hundred acre 
 lot, owned or occupied hy a sinjjie individual, o'' company. If two or more such 
 parts of a lot should become, at any future time, the pro]ierty ' a single owner, 
 they must then be hekl to fonn but part, or the whole of one lot, in the sense of 
 the Act. 
 
 (2. ) ^lii Uri.fir'u/t\i Lot must he in llic sanw Miinicipa/ity — jMiiiiicipal Boundaries 
 divide Lots. — 'I'hc Court of (Queen's liencli has deciiled the following case: Certain 
 property, througli which ran a municipal division-line between a town and a town- 
 ship, was assessed by the trustees of a school section in the township, according to 
 the value of that portion of it lying in their section and outside the town. The 
 owner refused to ])ay, and was sued by the trustees as a non-resident, in accordance 
 with the provisions of the school-Law. The Judge of the Division Court decided 
 against the trustees, on the ground that the \thirty-Sirond\ section of the Consoli- 
 dated School Act referred to undivided lots within different municipalities, as well 
 as within one municipality. The Chief Superintendent appealed the case, and it 
 was held by tlie court that the trustees acted rightly, — they being guided by the 
 assessment roll of their municipality; and that the proviso referred to applies only 
 to the case of an undivided property extending into more than one school' section 
 of the same municipality, and not wliere the land lies in dilTerent municipalities. 
 Hence municipal lK)undaries divide lots. — Chief Siipei iniendent of EducatioHy 
 appellant, in re Trustees, No. 4, ILallowcll v. Storm. 14 (^. B. R. 541. 
 
 (6.) TaxeH lemed equally upon all ratnhle property. — The eighth 
 section of the Assessment Act 2)rovides tluit " all municipal, local, or 
 direct taxes or rates, shall, when no other express provision has been 
 made in this res])ect, be levied equally upon the whole ratable 
 property, I'eal and personal, of the municipality or other locality, 
 according to the assessed value of such pi-operty, and not upon any 
 one or more kinds of property in pai"ticular or in different propor- 
 tions." Property rates must, therefore, be levied equally ou all tax- 
 
28 
 
 able property of the ratepuytn's in the section, whether residents or 
 non-residents. (For definition of non-residents' land see chapter IV.) 
 
 (7.) ^0 Rate IUUh. — No )-ate bill foi- tuition, fu(;l, or any otlKU- 
 contingencies, can be levitnl on ])Ui)ils, or on parents or guardians, as 
 such, or on non-residents, who own no i)i'operty in the section. The 
 rate must b(! h^vied upon all the tiixablo property in the section (and 
 is a lien upon it), but it nuist be levied in the name of th(^ individuals 
 mentioned on the assessoi-'s or colle(!tor's loll, whether resident or 
 non-resident. 
 
 (8.) Owner and Occiipnnf. — Tlie Assessment of Propc^rty Act de- 
 clares that :— *' When land is assessed against both the owner and 
 occupant, or owner and tenant, the assessor shall j)lace both names 
 within brackets on the roll, and shall write opposite the name of the 
 owner the letter F., and opposite the name of the oecu[>ant or tenant 
 the letter H. oi- T. ; and both names shall be inimbered on the roll, 
 * -^ ^ jind the taxes may be recovered from (hither, or iVom 
 
 any future owner oi" occu]);int, saving his i-ei-ouise against any other 
 pei-son." (Section 20.) 
 
 (9.) Many Owners. — When land is owned or occupied by more 
 persons than one, and all their iiames an; given to the assessor, they 
 .shall be assessed therefor, in the proportion belonging respectively to 
 each ; and if a portion of the land so situated is owned by parties 
 who ar">. non-resident, and who have not required their names to be 
 enten^d on the roll, the whole of the i)roperty, shall be assessed in 
 the names given to the asses.sor, saving the recoui'se of the persons 
 whose names are so given against the othei-s. (27.) 
 
 (10.) " UnpatentcAl Lund, vested in or hidd by Her Majesty, which 
 shall hereafter be sold or agreed to be sold to any ])ej'son, or which 
 shall be located as a free grant, shall be liable to taxation from the 
 date of such sale or gi-ant, * * # j^ ^\^^ same way ius 
 
 other land, whether any license of occupation, location ticket, certili- 
 cate of sale, or receipt for money ]iaid on such sale, luw or has not 
 been, or shall or shall not be issued, and (in case of sale oragx-eement 
 of sale by the Crown) whether any payment has or hius not been, or 
 shall or shall not be, made thereon, an<l Mhether any pai-t. of the 
 purchase money is or is not overdue and unpaid." (127.) 
 
 10.— Powers, Duties and Liabilities of Collectors of School 
 
 Bates.* 
 
 These " powers" of, and the mode of " proceeding" observed by, 
 
 township and county collectors, are presdlilDed in the Assessment of 
 
 Property Act, 32 Vict. (Jap. 36. They are adapted to collectora of 
 
 school-i-ates as follows : — 
 
 * For protection of collectors when acting under a lawful warr.-xnt, sec decisions of Court of 
 Common Picas, on pages 15 and 33. 
 
29 
 
 (I.) Holli'ctm' shall call /or the rate. — Tho collector, on receiving 
 his warrant and tli(! roll, [soo page 25] shall call on the party rated, if 
 residing within or near th(5 section, and demand payment; if a noii- 
 n'«id(!nt, he may see him, or send hy post a statement of" the demand. 
 The entry of tlu* date of snch demand on his roll opposite the name, 
 shall he prlniafane proof of tlio demand. (04.) 
 
 (2.) Shall seize. Goods and Chattil of defaulters. — In ease any 
 |HM-son neglects to pay his taxes fonrtecn days after demand made, the 
 school collector may levy the same, with the costs payable to a 
 division court bailiff, by disti-ess; of the gotxls and chattels of the 
 person who ought to ])ay the same, or of any goods in his possession, 
 wherever the same may be found within the township [or townships] 
 out of which ti<o school section is formed, oi- of any goods or chattels 
 found on the premises, the property, or in the possession of, any other 
 occupant of the premises. (00). 
 
 (3.) Shall (five Public votice, and sell by Ancfimi. — He shall give 
 notice of the day of smIc ami the name of the defaulter, in not less 
 than three public plac(!s in the place where tho sah; is to be held, at 
 least six days before the day of sale, and shall sell by ))ublic auction 
 the pro])erty so .seized, or so much of it as shall sati.sfy the debt and 
 costs. (9H.) Any poi-sou wilfully tearing down, injiirinj;, or defacing 
 such notice, or the assessment roll, shall bo liable to a tine, before a 
 magistrate, of tioeuttj dollars, or twenty days impi-isonment. (201.) 
 
 (4.) How to dispose of Surjdus. — If the jiroperty luus been sold for 
 moi-e than the rate and costs, and if no claim be made by some other 
 person on the ground of ownership, lien, or other right, he shall 
 return tho .surplus to the l)arty who was in jiossession when it wati 
 seized, or to such other claimant whose right to it is admitted by the 
 other party. If there be a dispute between them an to the ownerahij*, 
 the sui-plus shall be paid over to the municipal treasurer until the 
 dispute be settled. (^9 101.) 
 
 (5.) Liability of Railioay Companies in School Section.'^. — " The real 
 estate of a railway company (in a school section) is to be considered 
 as the land of a resident." (7.) And the company is to transmit 
 annually to the clei'k of the municipality, a statciment of the value 
 of all theii" real property, within the municipality, the vacant land 
 not in actual use, and the actual value of the land occupied by the 
 road itself ; the clerk shall communicate the same to the assessor, and 
 the trustees shall copy it from the assessor's roll and place it upon 
 the collector's roll, with the amount of tax thereon. The collector 
 shall deliver at, or transmit by i)Ost to, any sttition or office of the 
 company, a notice of the totiil amoimt at which the trustees have 
 assessed the real property, vacant lands, and the land occupied by the 
 roadway, and collect the tax at any station or office of the company. 
 (33). 
 
ito 
 
 Note. — The trustees arc required to send or dtlivor a bill to tlic railway com- 
 pany in the following fonn : — 
 
 Details ok Kaii.way Sciiooi, Tax. 
 Date<l at , this day oi , 187 , The Railway Co., 
 
 To the Pifh/ic Scliool Trustees of Section A'o. — , /// the To7vnship of , 
 
 Dr. to the amount of Pul)lic School T.ix levied on the following^ 
 Railway land and properly lying within the boundaries of this 
 School Section, viz., — ■ — * 
 
 at the rate of in the Dollar, on $ , the assessed 
 
 value of such lands and property, as 1 ^r Township Assessor's 
 Roll for the year 187 . 
 
 Received payment this day of 187 . 
 
 rutilic Sclwiit Collicti^rcf tlie Section 
 (or Secretnry-'I'rcasurer). 
 
 (G.) Omitted AnHcsxments aiul M'lKfnkes.— '^w School Actiiuthorizcs 
 the township council to correct luiy error in the iiHse.ssineiit roll of 
 the section, as ccrtilied by the trustees. 
 
 (7.) Collrctor to make rctnru (it the thiie speri/irif iit the warrant, 
 d'c. — The collector shall return his roll to the trustees, and pay over 
 the proceeds, within the time fixed in the bond to tlin trustees, 
 or their warrant to hiin, otherwise another person may be eni[)loyed 
 to collect the taxes whiclt the collector does not collect within the 
 time sppcitied. (1():M()4.) 
 
 (8.) Taxes to be a Speeial Lien iipoti i((n<f.~-niv taxes accrued on 
 any land, shall l)0 a sjiecial lien on such laud, liaAin;,' preference over 
 any claim, lieu, privilege, or incumbrance, of any party except th« 
 Crown, and shall not require registration to ]>reserve it. (K'7.) 
 
 (9.) J*nnixlunent of Clerks, Assessors or Collectors, makinij fraiidu- 
 lent Assessme)ifs, Collections, <(•(•.--- Tf any clerk, assessor, or collector 
 makes nny imjust or fraudulent assessment or collection, or copy of 
 any assessor's or collector's loll, or wilfully and fniuduh^ntly inserts 
 therein the name of any j)erson who should not be entered, or wilfully 
 omits any duty reipiired of him by this Act, he shall, uj)on conviction 
 thereof before a coiu't of competent jui'Lsdiction, Im^ liable to a tine 
 not exceeding tivo hundred dollars, and to inipiisonm(>iit until the 
 line be paid, oi- to imprisonment in the common gaol of the county 
 or city for a peiiod not exceeding six months, or to both such tine 
 and imprisonment, in the discretion of the court. (177.) 
 
 (10.) Proreedinijs for coinpeUing Collectors 10 acconnt for or 2My 
 over Moneijs in their hands. — If a collector refuses or neglects to pay 
 to the proper treasurer, or chamberlain, or other })ei-son legally 
 authorized to receive the same, the sums contained in his roll, or 
 duly to account for the same iwj iiucoUected, the tretusurer or 
 chambei'Iaiu shall, within twenty days after the time when the pay- 
 ment ought to have been made, issue a w;inant under his hand and 
 
31 
 
 wn\, directed to the Hherifl" of tho county, or to the high bailitt' of 
 tho city, (iiH tho ciih(» may l)e), comniaiidiug liini to levy of the goodH, 
 diattelH, landH and tenemontH of the coll<?ctor and his sureties, such 
 sum as remains un])aid and unaccounted for, and to return tho 
 warrant witliin forty days after the (hite thereof. (l!^l.) 
 
 11.— Decisions of the Supex'ior Courts in regard to School- 
 Bates and Collectors. 
 
 (l.) (■('//<■(•/();•'.(■ Snirtifs not respoHsibk fof I'licollcctcd Rates, nor for Collectors 
 (Icfonlt, nnlrss t/ny so hind tlicinsch-cs in the liond.- 'I'hc Court of ('omnion Pleas 
 lias clecidecl llie following case: A person liaviiij; been duly apjiointed eolleetor l)y 
 the trustees of a sehool section, signed the following contract at the foot of the 
 instrument ajipointing him: "1 agree, iicc, xc, to collect, &c., according to the 
 said Act, ami hind myself, by my securities, in the sum of ^250;" and immediately 
 under, his sureties signed the following undertaking: " We hereby agree to become 
 security for the ihie fulfdment of the above contract." 'J'he collector i)aid over a 
 portion of the aijiounl collected by him, leaving a certain sum remaining uncol- 
 lected. An action was brought by the trustees against the collector and his sureties. 
 Held, that the sureties, under their coiUract, were not jointly liable with their 
 l)rin(?ipal for moneys uncollected hy him; also that they were not jointly liable on 
 their guarantee as sureties on defaidt of the i)rinei])al the contract only extending 
 to the collection ol the rate. Trnstces Xo. 6, York \. William JInnter ct al. ID 
 C. 1'. K. 359. 
 
 (2.) Note of Hand no h^al Payment of School-Rate. — The Coiirl of (Jueen's 
 Bench has decided the following case on a re/^lcr'in [see Index] for horses: J''lca, — 
 justifying the taking under a warrant for school taxes, and alleging that they were 
 delivered by the collector to defendant, an innkeeper to take care of until the sale. 
 Replication, — setting out facts to show the rate illegal, and averring that plaintiff, 
 after seizure of th<' goods, at the recpiest of the collector and trustees, gave his note 
 for a sum named, (not saying that it was the amount due by him,) payable to 
 bearer, whicli was accepted in satisfaction of the taxes ; that the collector released 
 the i>roi)erty seized, and said note is still outstanding, and the plaintiff liable upon 
 it, and that the seizure in the plea mentioned ^vas made afterwards. Held, on de- 
 murrer, replication bad ; for, 1st, the collector acting under a warrant legal on the 
 face of it. would not be liable in trespass or trover, and therefore not in this action, 
 nor the defendant for taking the horses from him to keep; and, 2nd, Even if the 
 note had been for a sullficient amount to i)ay the rate, yet the improper acceptance 
 of it l)y the trustees would not prevent ihem from afterwards distraining. — Spry v. 
 McKenzie. 18 (^. 15. K. 161. 
 
 (3.) Extension of tinw for ccl.ecting Sch.ool-Rates — Dnration of Collectot-'s 
 authority. — The Court of Queen's IJench has decided the followfng case : The 
 time for levying a school-tax in the city of Kingston, imposed by by-law hi De- 
 cember, 1855, was extendeti by resolutions of the city council, under 18 Vic. c. 
 21, s. 3, until the 1st of August, 1856; and again, on the 22nd of December, 
 1856, to the isl of March, 1857. Held, that the collector, who was the same 
 person for both years, might distrain between the 1st of August and the 22nd of 
 December, 1856, although no resolution extending the time wa.s then in force. 
 McLeanf., dissenting — Ncivherry v. Stephens ct al. City of Kins;ston. — 16 Q. B. 
 K. 65. 
 
 Note. — As :i doulit was expressed l)y one judge in this case, as to the legality of the extension 
 of time, it would be better for trustees to issue a new warrant and take .1 fresh bond whenever the 
 period mentioned in the bond expires. 
 
 (4.) Right to collect School Taxes after the expiration of the Year. — The Court 
 of Queen's Bench has decidal, on an appeal by the Chief Superintendent of 
 Education, that a collector of school taxes might, in 1861, collect by distress the 
 taxes for 1859 and i860, not having made his final return of such taxes as in arrear, 
 
:\-2 
 
 nnd hoiiifj still colloclor ; aiifl srw/i/,; that in lliis case the plaiiuilV, who coiujilaincd 
 of llie seizure, liavinj^ led to it hy his own conduct, the i>r(n.i'edinj^ should have 
 been upheld in the Division Couil at all events. • Ch'wf Sii(ic>intc)idt-iit of Ediini- 
 lion, appfUiUil, in ic MiLcan v. l'\tn\il. 2i (}. \\. R. 441. 
 
 (5.) ColUrlor lommittin;:; 'rrfsf<<}ss is entitled to Notice of Aetion. Limit. — The 
 Court of C'oniinoii I'leas has decided that a collector who conimitted a I.espass 
 while acting under a warrant issued hy a competent authority, was entitle<l to 
 notice of action, and that the action sluudd he brou^jht within six niontlis. Spry 
 V. Mnmhy ct at. Nc. 15, Kaxotlon. 11 C. I'. K. 285. 
 
 (6.) School Trustees lun'c fumvr to Iny Kate at any time. — Under the Acts re' 
 latinj; to Public Schools, trustees may at any time impose anil levy a rate for 
 school |)urjioses : they are not hound to wail until a copy of the revised assess- 
 ment roll for the particular year has l)een transmitted to the clerk of the munici- 
 pality, but may and can use the existing revised assessment nA\.-- C/iief .Super- 
 intendent of Eifneation, appellant, in re Uoy;_i; v. Koi:;ers. 15 t'. 1'. R. 417. 
 
 (7.) Expenses- of the School must he defrayed by the authority of the Trustees, and 
 not hy the inhaldtants themselres. -The Court of (^)ueen's Hencli ha>. decided that 
 freeholders and householders of a school section cannot substHute a voluntary 
 subscripti(jn among themselves, and a rate ui)on the parents and guardians of 
 children alone, for the whole expenses of the school, instead of the provisions 
 made by law ; and a resolution to have such private subscription, which the 
 trustees neglected to collect, is therefore no answer to an avowry by the trustees 
 for a rate levied by them in the usual wny. —AfcJ/illan v. A'an/:in et al, A'i>. 14, 
 JCingston. 19 (^. 1!. R. 356. 
 
 (8.) School-tax upon Parents and Guardians unlawful. — The Court of Common 
 Pleas has also decided a similar case : A general school meeting passed the fol- 
 lowing resolution : "That the expenses of the school section be i)aid by voluntaiy 
 .subscription, and the balance to be raised from a tax to l<e lex'icd upon the parents 
 and ,:^uardians of those sending children to school,'' the school trustees, after the 
 failure of the voluntary subscription, levied a general rate, upon which this replevin 
 arose — the jilaintiff contending that he was not liable, as not /leinf^ a parent or 
 ^ifuardian of a child attending the school, //eld, that the trustees had no authority 
 to tax the parents or guardians (jf those sending children, or to alter or annul the 
 resoluti(ms ; and that the /(•;//// clause of the tiih'nty-sei'cnlh section of the School 
 Act authorized the levy as made. -C;v//i,'- v. Nankin et al, A'>. 14, A'incst-t'//. 10 
 C. P. R. 186. 
 
 (9.) Form of, and nninhcr of, Sis^natures to Trustees' Warrant. -'V\\<i Court of 
 Queen's Hench has decided that the warrant may be signed by two trustees [with 
 the knowledge of the third]. In making cognisance under this warrant, it is 
 sufficient to state that the plaintiff was duly xssessed, anil that the collector was 
 duly appointed. It is not necessary to state therein that the rate was decidetl ujion 
 at a meeting, as required by statute, or how the appointment of collector was 
 m^i\Q.— Gillies v. Wood, N'o. (>, /'ilkiui^ton. 13 (^. it. K. 357. 
 
 (10.) A'o Kate can be imposed by Trustees for the reimbursement of costs in defend- 
 ing /llegal Acts. — The Court of Queen's Bench has decided that trustees cannot . 
 impose a rate to reimburse themselves for costs incurred in defending unsuccessfully 
 a suit brought against them for levying an unauthorized rate, or for travelling 
 expenses incurred in order to consult with the superintendent ; but a rate may be 
 levied to reimburse school tnistee*: for the costs of defending a groundless action 
 brought against them. — Chiif Superiuteudenl of Education appellant, in re .Stark 
 V. Montague, 14 Q. B. R. 473; and Tier man v. /Municipality of Nefean, 15 
 Q. B. R., 87. 
 
 (11.) /[/andamus agaittst Clerk of a Tffionship'to permit Trustees to examine the 
 Assessment Roll. — The Court of Queen's Bench has decided that where, on an 
 application for a mandamus, a demand and a refusal were sworn to, and defendant 
 
3:j 
 
 in answer denied the refiNal, and alle^jed that lie had always Iwcn willing to do 
 what was required, the Court nevertheless j^ranled the writ.- /// iv Tntslirs of 
 Union St hool Sixlioii S'os. 15, Oti<niil<<\; 10, Donro, and II, Ai/>hoild \. Cannifnt. 
 
 17 g. u. R. 275. 
 
 NoTK. A inn mid III US is n coiiiiiinnd issuint; In the iiaiiie of the Sovpreign from n siijierior 
 court liaviiiK jurisdiction, ami is dirccteil to some person, coriioration, or interior court, within the 
 jurisdiction of such superior court, rei|ulring tlieni to do some particular thin^ therein specified, 
 which ap|>ert.iins to their olFicc and <luty, or to show cause why he has not done it. Thi* writ 
 Wits introduced to prc\ent disorders from a failure of justice ; therefore it ouyht to he used upon 
 nil occasions wlicre the hiw lias csiahhshed no specific remedy, iind where, in justice and good 
 Kuveriuneiit there ought to be one. 
 
 (12.) y'lsdilorx F.stiitc liahlii for School h'n/r in the hands of Dci'isces an J 
 Exiriitors . Tlu" Court of ('oitinton i'leas di-tidcd as follow-; An action of 
 replevin ninv he hroiiKlil upon a distress for school rales, and notice of action is 
 not necessary, where several devisees and executors were rated for a school rate in 
 respect to the pro]icrty of their testator as "John Applej^arth and hrothers," which 
 entry ap|R;ared to have been made at the instance of some of them; but two of 
 them only ha<l slept on the inemisi-s occasionally, althouy;!i such was not their 
 ordinary place of residence, and they had received the usual notice of assessment in 
 the form without apjiealiiij,', and the same two had paiit taxes on an assessment on 
 the township roll in their individual names. //<•/</ by the Court: -1st, That the 
 facts alTonU-d sut'licient evidence to show that the plaintiffs were "inhabitants" for 
 the purposes of the rate; 2nd, That the iiarties were sufficiently named on the roll 
 to render the rate lawful; 3ril, That a demand made by the collector on "John 
 AjipleKiirth,"' named on the roll, was sufficient to biiul all the i)laintiffs. — Applej:;(irth 
 el al V. (iraham, AV, 3, Ftamhoroni;h lunl. 7 C. P. 1<. 171. (.See " Non- 
 Uesident's, chapter IV." 
 
 (13.) l.iahility of /''..MYntors and Z)(7'/'J(iM'. — The Ctnirt of (Queen's IJench has 
 decided that where executors and devisees in trust of land were assessed as owners. 
 Z/ir/rt' that they were jiroiJcrly so assessed, and that their own goods might be seized 
 for the taxes. />;////>(»;/ v. Henry. 17 (J. H. K., 276. 
 
 12.— Application to Township Council to Collect Bates. 
 
 IJt^toro coUdctiii^' iiny scliool viitt; thn tni.st(H's sliotild call a nioetiug 
 of tlie iatoj)ayef.s to decide wliethcr the money reriuiivd by the 
 tniHtecs Ibf any ))iir|K)se .slioiilil bo collected (1) by themselves (2) "•^■^ 
 the TownHhij) Ctjmicil or (3) raised by loan, under the authority of 
 the council. In case either the second or third mode be decided 
 upon by tlie ratepayers, a copy ot tlie I'esolution on the subject, to- 
 jjether with an estitnate of the sum required by tlit; trustees, should 
 be sent to the Townshij) Ootuicil, at or befoi-e its August meeting. 
 Should the second mode be decided on, the council, upon receiving 
 the trustees' (estimate, and ti request in writing, must levy the whole 
 of the required iiite within a reasonable time, and pay it over to the 
 tnistees, (witliout any diminution for collector's fees or expenses — 
 wliich nnist be added to the iiite by the council.) Should the third 
 mode be decidefl on, the council may gi-ant the required permission 
 at its discretion. Should the council do so, it should issue a de- 
 benture for the sum to be borrowed and, (as decided by the Coui-ts,) 
 provide the means for securing repayment of the amount boirowed, 
 by a yearly rate imposed in the manner specified in the Act. (See 
 chapter I, section 8, clause {F.), note.) 
 
13.— Township Counoil Requii'od to raiso Money for School 
 
 Trustees. 
 
 Tho law (l(H.'lun'H tliat " For tlic^ puirliiiHO <»f a kcIiodI h'iU^ ; tho 
 erection, ropiiir, rent, and furnitiir(i (if a si-liooI-honHc ; tlio purcliiiHo 
 of appai-atus and tcxt-book.s for the sclax)!, luxiks for tlai lilirary, and 
 Halary of the tcnchor, each township council shall levy, by iimhohh- 
 inont upon any taxahlo property in any school st'ction, such sinn iis 
 may ho required l»y the trustees of such school section, in accordance 
 with the desii'ji of th(* niiijority of the freeholders and householder's 
 expressed at a public niectin<^ called for that purpose." 
 
 NoTK. - In cn-.c of refusal, on llic i>:iit of ji lownsliip louuiil, to levy the 
 amount rcf|uire(l l)y the Inislccs, the remedy i>i by nianilatmis from eitlier the 
 Court of Queen's liench or I'ommon I'leas. (Decisions of the Courts on tliis sub- 
 ject will be jjivcn in part II. of these lectures, and the whole law in re^jard to 
 township councils.) 
 
 CHAPTElt IV. 
 
 THE LAW RELATING TO NON-RKSTDENTS. 
 
 1. A Besident of a School Section Defined. 
 
 (1.) A person who has his honi((, or place of husiiioss, in a stiction, 
 and on which he j)ays ta.ves, isn resident; (2.) Ajtprentices; {'^.) Huil- 
 ,way Companies, Imvin'if roadways, stations, itc, in ti section; and 
 (4.) hoiKiJidc settlers, whost^ jiames are not yet on the assessmcjnt roll 
 are to ht^ regarded aw residents. (See clause (ll-*), of section 11, of 
 chapter Til.) 
 
 2. - A Non-Rosident of a School Section Defined. 
 A "non-resident" of a school-section is one who does not reside or 
 own taxable property in it. IJut a person may be a school rate- 
 payer of a secti Jii, and yet not lesiihi in it. Transient visitors, and 
 children who conu! to I'l^niain in a section for a short time, are also 
 non-residents. 
 
 8.— Non-ReaiJonts Liable for Rates in their own Section. 
 
 A pertjon ptiying rates in the S(!cti(jn in which he r(vsidt!.s does not 
 thereby relievo himself from the i)ayment of rates in his own or other 
 section in which he is taxed ; and idthough his children attend tho 
 school of a neighbouring section in which he pays rates, yet they must 
 be returned only in the st!ctiou in which he resides. (See next 
 section.) ,, . > , 
 
 4.— Rights of the Non-Resident Rate-Payers of a Section- 
 A non-resident rate-payer of a section (as defined above) has a right 
 to send liis cliildren, or wards (if he be a guardian), to the school of 
 
86 
 
 uuy Miction in wiiicli ]w |iiiyH Hfluiol-nitos; l)ut "kiicIi childri!!! shall 
 not \ni rotiirntMl uh iitbtndin;^ any other than the? school in the soctiou 
 in which tJicir purentH or ^iiiii'diunH rcHi«h'." (Hoe noxt Hection.) 
 
 6.— Rostriotod authority of Trustoos in regard to Non- 
 
 Residonts. 
 
 With tlie (!xc('|»tioii of chiUhcn iintl wiirdK of nou n-Nidcnt nito- 
 jiiiycrH, tniH/<'»'s imvo no iuithoiity to admit to tlicir .school the children 
 or wards of any otlicr non-n'sidcnt whatever; nor can tiiey lawfully 
 cliarge non-residents fees of any kind. (See s»'ction IH, chapter II.) 
 
 6 Poflnition of tho " Lands of Non-Rosidents " in a 
 
 Schuol-Soction. 
 The As.s('.ssnient Act declares that " Unoccupied land owntJil by ii 
 jiorsoti not resident, and not having- a lej^al «loinicile, or placo of 
 laisiness, in the towiishijt, villii;,'e, town, or city \vher<! the same is 
 nituate, or whose i-esidence or domicile oi* [ila«'e of Imsiness thcnun 
 cannot, ujion diliifcnt in(|uiry hy the assessor, ho found, and who hiiH 
 not siirnilied to the assessca-, ]>ersoiiaIly or in writin;;, that lie owns 
 such lands and desires to lie assessed therefor, shall he denominated 
 ' lands of non-j'<'sidents."' (1. (See clause (H), of section !), chapter III.) 
 
 7. To whom is Land not occupied by the Owner, but the 
 Owner is known, to bo Assessed? 
 
 The same act says: "As laM<l ia»t occupied hy the owner, hut of 
 which ihe owner is known, and who, at the time of the assessment 
 hein^f made, resides, or has ;i le^'al domicile or place of husinti.ss in the 
 township, \ illiiue, town, or city, or who has sij;tiified jx'rsonally, or hy 
 writing', to the assessor, that \w owns the land, and desires to lie 
 ussessi'd therefoi', the same shall he a.ssessed a;,'ainst such owner alone, 
 if the land is iinoccnpied, or a<,'ainst the owner and occuj)ant, if .such 
 oivn]»ant he any other person than the owner. ('_' 1.) 
 
 8. —To whom should Land be assessed when the Owner is 
 
 unknown ? 
 Kui'ther, th(! Act says: If the owncu' of the land he not resident, or 
 he iinknown, and has not recpiested to he; a.sse,ssed tlu^n^for, in tho 
 manner in the last section mentioned, then if th(* land is occupied, it 
 shall h(^ iussessed in the nain(! of and a<i;ainst the occu)>iint; hut if tho 
 land h»' not occupi«Ml, th(!n it shall ho iiss(!.ssed as land of a non-resi- 
 dent. {2'}.) 
 
 9. How to collect Rates from Non-Residents. 
 
 (1.) Assess Noii-Rt'sidiiiits. — Non-residents owuin<j[ taxable property 
 in the section, should be assessed as other ratepayei-s. The collector 
 shall, one month after «lolivery to him of the roll and wan*ant, 
 and fourteen, days after he hiw4 tiiinsmitted by post a stjitement and 
 demand, levy for the amount due (with costs, payable to a di\'ision 
 
' . * 36 
 
 coiut bailiff), and make distress of any goods and chattels yowjjof on 
 the non-resident's land, *' and no claim of propei-ty, lien, or privilege 
 shall be available to prevent the sale, or the payment of the taxes and 
 costs oiit< of the proceeds tliereof " He shall then advei"tise and sell, 
 as in the case of other defaulters. (l)()-98.) 
 
 (2.) Chattels. — In case, after diligent inquiries, no goods or chattels 
 can be found on the land in the section or township, and the i-esident 
 lives near or is known, and still refuses payment of i\w. rates (or in 
 case a person assessed moves out of the section and refuses payment), 
 the trustees must sue such i>erson in the division court. 
 
 (3.) Eeturti to Chrlc. — -In case it is not known where tin; non-resi- 
 dent lives, the trustees are required, before the end of the year, to 
 make a return to tht! clerk of the nninicipality of the lands of non- 
 residents, with a statement of the uncollected taxes diu^ on them. 
 The township council is then required, (after the beginning of the 
 next year), to pay these taxes to the trustees out of the genei-al funds 
 of the nniuicipality. In case of lefusal to do so, the township council 
 can be sued for the amount. 
 
 Note.— -The true and efTectiial remedy for the inconvenience arising out of the 
 "non-resident" relation wliich a school section system entails, (with its law of 
 restricted boundaries), is the adoption of a Township Board system, as provided by 
 law. Where this system has been adopted, the ratepayers have (so far as we 
 know) never reverted bat', to the narrower school section system, with its incon- 
 venience and greater expense. 
 
 10.— Decisions of the Superior Courts in regard to non- 
 resident's taxes 
 
 (l.) Mi-^e of collecting School Rates from Resident!; and /ton-Residents. — The 
 Court of Queen's Bench has decided that trustees are bound to collect by warrant 
 from the residents of the school .section ; and to sue for and recover by iheir name 
 of office from persons residing without the hmits of the section and making default 
 of payment. — Chief Superintendent of Juiucation, appellant, in re 'J'rnstees, 2 Moore 
 v. M^ni. AIcRae. I2 (\. B. K. 525. (See note to next clause.) 
 
 (2.) Trustees' Warrant to collect School Rates only legal within their ora<n Section. 
 They must sue non-residents. — The Court of Queen's Bench has also decided that 
 school tnistees can only issue a warrant to collect school rates within the limits 
 of the section for which they are appointed. — Gillies v. I Food, Ao, 6, JHlkim^ton. 
 13 Q. B. R. 357. 
 
 Note. — This decision was virtii.illy confirmed in 1870 by the Court of Cmnmon I'lc.is in the 
 case of Chief Superintendent in re Chapman v. Thriis/ier ei at, (20 C. P. R. 259), with the 
 addition of one of defining th.it a collector's municipality was a school section beyond which his 
 jurisdiction did not extend. The School Act of 1871, however, declares that a school collector 
 " shall have the same power and proceed in the same manner in his school section and toiuns/iip, 
 as a township collector, in collectnig rates in a township or count v." 
 
 (3.) Return of uncollected non-resident rates of past years may he made hy 
 Trustees. Such rates arc payable immediately out of thi general funds of the toiun- 
 ship. — The Court of Common Pleas has decided that, by the School Law, it is 
 made the duty of the local municipality to make up and supply any deficiency 
 arising to the school fund which arises from the inability of the collector of school 
 rates to collect the same by reason of their being no resident on such land, or no 
 goods and chattels thereon which can be distrained ; and that the legislature in- 
 tended that such deficiency should be made up out of the general funds of the 
 municipality, immediately after the return made to the clerk of the municipality of 
 
37 
 
 what school rates are so in arrcar. It was also lu;l(l that trustees may, liefore the 
 end of each current year, return all school rates ujion lands not collected for the 
 reasons stated in the Act, and of wliich no jirior return has been made to the clerk 
 of the municipality. — Sr/nv/ Trustees No. i, Aitliiir v. Toxviis/iip Coii/ieil of 
 Arthur and Luther. 9 C. 1'. K. 5.^2. 
 
 (4.) Maudanius not }^rtinfed n'/ieii other renwtly eau lie //<?(/.-- The Court of 
 Common I'leas has decided that, as a jj[cneral rule, a mandamus will not be 
 .^ranted miless the jiarty making' ihc application has no other specific lc;,'al remedy 
 [/.£'., by suit (as in the case under icvicw) of the trustees to recover imposed school 
 rates on lands of non-residents |. l^jion an ai)])lication by school trustees for a 
 mandamus to obtain money from a nnmicipal cor[)oratioii, the affidavits bcinj; 
 contradictory, and this court having decided in the case of Sehool Trustees of' 
 Arthur v. the Munieipality of Arthur, 9 I'. I'. R. 532 [(pioteil above], that an 
 action for a balance due in a case such as this would lie, the mandamus was re- 
 fused. - .School Trustees .W^o. 7, J'.lui'ir \. The Muniei/xi/itv of Elzii'ir. 12 C. 1'. 
 R. 548. 
 
 Note. -In c.ise of refusal on die pari of ilic lounslnp council in ]).iy the .animnit of these 
 uncollcctetl rates, duly returned to it^ rlerU before tlie end nf the year in whicli the rate was 
 levied, the trustees can at once enter an action against the townsliip council for such amount. 
 
 (5.) K.xecutors, ejuallyunth the Testators, liable for Sehool Rale on A'on-A'esiilcnt's 
 Land.— The Court of Common I'leas has decided that a resolution of the free- 
 holders and householders of a school section lo pay the teacher's salary and the 
 expenses of the school, follow etl by a resolution of the trustees, directing a rate to 
 lie levied on the rateable jiropert)' of such section, to raiic the sum required, and 
 the preparation of a rate bill and warrant, are sufficient to render a non-resident, 
 having real estate within the section, liable for the sum rated by the trustees, 
 according to the assessed value of his real property; and that, being so liable, an 
 executor representing the estate is liable in an action of the same nature to which 
 the testator might have been subjected. --7>7^v/(V.f ,\'r). 2, Diinwkh v. MeBeath. 
 4 C. 1*. R. 228. (See clauses (12) and (13) of section 11, chapter lit.) 
 
 CHAPTER V. 
 
 SCHOOL SECTION AUDITORS- ACCOUNTABILI'J'Y OF 
 TRUS'J'KKS AND OTHERS. 
 
 1.- When, and by whom are School Auditors Appointed- 
 
 Tlie law requires tlie trustees of each section to appoint " a fit and 
 j>i'oj)er person" to be aiiditor of their scliool ticconnts he/ore the iirxt 
 of December' in eacJi year. In case of theii" neglect to do so, or in 
 case the one aj)point(Hl reftisf^s to act, the Inspector shall appoint o]ie 
 for them. The rate])ayt'rs are also recpiircd, at each annual meet'niy, 
 to appoint another auditor, so that either aitditor, or the two together 
 may aiulit the trustees' accounts. 
 
 2.— Auditors' time of meeting, and object of it. 
 
 The auditoi-s cho.sen, or either of them, shall, " before the day of 
 the next annual meeting" appoint a time for examining the accounts 
 of the school section and appme the trustees of the fact. . 
 
3.— The object of the School Section Audit 
 
 Is, " to examine into and decide ui)on the accni-acy of the accounts 
 of the section, and w]iethor the trustees liave truly accounted for, and 
 expended for school purposes, the moneys recei\ed l)y them." 
 
 4. —Duration of the Time of Audit. 
 
 In case of dolay in conipl(!tin<( the audit, even beyond the yi'nv of 
 appointment, the law iloclares that " the auditors shall x'cmain in 
 oifice uutil their audit in ronipleted." 
 
 6.— When and to whom is the Auditors' Report to be 
 
 presented. 
 
 The auditors are rt'ijuired to submit the school accounts of the 
 section, "Avith a full report thereon, to the annual school meeting, 
 next after their appointment." They are furthei* required to repoi-t 
 at the same tiuuj " the result of their examination of tlu* accounts of 
 the year," and, with the trustees, to sign the trustees' annual report 
 for presentation to the meeting. (See section 3, above.) 
 
 6. —What the School Auditors have authority to do. 
 
 The school auditors can require the attendance of all, or any of the 
 parties interested "in the audit, ami of their witnesses, with such 
 books, papers, and writings as such auditors, or eitliei- of them, niay 
 require them, or eithe. of them, to produce; and the auditors may 
 administer oaths to such parties or witne.sses." They have also full 
 power to enforce their decisions, in case of i-efusid to comply with 
 them. 
 
 7.— Obligation on Trustees, their Secretaries, and others, to 
 give Evidence and furnish Information. 
 
 The law declares that, " if the trustees, or their secretary, in their 
 behalf, refuse to furnish the auditors, or either of them, with the 
 papei's or information in their power, and which may be reipurcd of 
 them, relative to their school accounts, the party refusing shall bo 
 guilty of a misdemeanour, and upon prosecution (before a magistrate) 
 by either of the auditors, or any ratepayer, be punished by tine or 
 imprisonment," " for any time not exceeding thirty days, unless the 
 fine and costs, and the reasonable expenses of endeavoui-ing to collect 
 the same be sooner paid." 
 
 8.— Further Obligations on Trustees and other Parties to 
 
 the Audit. 
 
 The School Act of 1871 also declares, that in case a "school 
 ti"ustee or other person, into whose hands any school moneys oi- school 
 property shall come, who neglects or refuses to account for oi' delivci* 
 tip the same, when called upon by competent authority to do so, the 
 County Judge shall make an ordei- requiring such trustee or i)erson 
 
39 « 
 
 to appoiir beforo hi in. The judge, if he thinks the comphvint against 
 tlio party well founded, shall order tlnj party complained of to (leliver 
 up, account for, and pay over, the books, papers, chattels, or moneys 
 ajjplied for, by a certain ilay, with reasonable costs, on pain of im- 
 ])risonment by the sherift", without bail. 
 
 9.— Responsibility of Trustees and others for Lost School 
 
 Moneys- 
 
 If it can be proved iit the audit, or at any other time, that " any 
 part of the public school money be embezzled or lost, through the 
 dishonesty or faithlessness of the party to whom it has Ijeen entrusted, 
 and pi'oper security against such loss not having bcuni taken, the 
 person whose duty it was to have exacted such security, shall be 
 persoitdllii rexpoiisU)/<; for the sums so embezzled or lost ; and the same 
 may be recovered from him by the jtarty entitled to recnvo the same, 
 by action at law in any court having jurisdiction to the amount, or 
 by information at the suit of the Crown." 
 
 10. - Question as to the " Lawfulness " or Expediency of 
 Trustees' Expenditure. 
 
 TIio auditors can (Mdy decide u])ou tlie lainfiiJm'nH, and not upon the 
 exi)edieiicv, of an expenditui-e. The trustfses are the sole judges of 
 the expvdifiirii of any expouditure. It is only on matters of ditference 
 between the auditors themselv(;s as to the [(twJnlnesH of any expendi- 
 ture, (that is, Avhether the expenditure is authorized by the Schooi 
 Law, or comes fairly witiiin the objects of the trust), that it is neces- 
 sai'v to submit tlie nuitt(>r for the decision of the scliool meetinj;, and 
 finally to the iusj/cctor. (8ee next section.) 
 
 11.— What are Lawful School Section Expenditures? 
 Tlie '• exy>enditure " of a school ma\|be "for any lawful purpo.se 
 whatso(>ver," and may therefore include collector's fees, law costs 
 incurred in maintnining or defending neces.sary or sticce-stifid suits. 
 ])ostages, or any incidentals coimected with the office of tru.stees. 
 While trustees carry out tin; lawful decision of theii' constituents, 
 neither tli(! auditors nor any i)ublic meeting can limit, or deprive 
 them of th(^ autliority conferred upon them by the Act," as to what- 
 ever they may ju<lg(! expcdi(Mit with regard to the building, repairing, 
 renting, warming, furnishing, aiul keeping in order the section school 
 liou.se, and its fnrniture and appendages, and the school lantLs and 
 enclosui-es held by tlieni; and pi'ocuring appai'atus, library, prize, and 
 text books for tli(?ii' sc1uk)1s, ikc," as mentioned in .section 1.5 of chajiter 
 
 11. (See also stx'tions (! and 7 of cha])ter III.) 
 
 12. -Summary in regard to Audit of School Section Accounts. 
 The law requires trustees, their secretary-treasurer and all other 
 
 jDarties concerned, to fiu-nisli the school section auditors with all 
 vouchers for the jjayment of school money during the year, together 
 
; 40 
 
 with such contmcts, agreements, i)a))ers, books, itc. and vorhal infoi-- 
 mation, under oatli, if necessary, on the subject of the rec(nj)t8 and 
 expenditure as may serve to exi)hiiu the items in the; accounts. In 
 case of difference of o]>inion between tlie auditors on any matter in the 
 uccounts, it sliall be refei-red to and (h-cided by tlie county inspector.'' 
 
 13 —Summary of Duties of Trustees. 
 
 The duties whicli trustees iire rerpiired to pcrfoi-ni, may be sum- 
 marized as folKiws : — 
 
 (1.) To call the annual school meeting, ami also a special one in 
 case of any diil'erence in regard to the school-site, death or itimoval 
 of ti-ustees, itc. 
 
 (2.) To prosecute all illegal voters at school meetings. 
 
 (3.) To make a verbal declaraticm of office within two weeks after 
 notice or knowledge of election as trustee. 
 
 (4.) To see that tlieir school is furnished with a trustees' book, a 
 visitors' book, a teacher's register, ami a Joxnuil of Kihicdt'iou. 
 Tliese two latter are furnisht^d without cost. The two former must 
 be pux'chased at the expense of the section. 
 
 (5.) To employ, ami pay school moneys to none but legally (jualified 
 teachers. 
 
 (0.) To lix no rate-bill upon pei'sons sending children to school for 
 any purpose. 
 
 (7.) "To permit all ]»upils between tlu^ age of <i\e and twenty-one 
 years, on whose behalf scliool-rates are paid, and who ol)serv(^ the 
 rules, to attend their school. 
 
 (8.) To visit the school and se(( that it is properly conducted ; that 
 no tuiauthorized books are used ; that all the ]tuj)ils are pro)»erly 
 su})plied with propei- textbooks. 
 
 (!).) To exercise idl tlu^ coi-porate powers vested in them, for the 
 fuliilment of all agreements, conti'acts, kc. ; and to maintain a school 
 in their section duriii' ohe y(>ai-. 
 
 (10.) To transmit uieir half-i/earlji returns and their ifiiurlj/ rejiorts 
 to the Inspector, and also to submit iheii' iii.arlii i-eport to the annual 
 meeting of their constituents. 
 
 (11.) To affix their corporate seal to all contracts, agreements, 
 <leeds, itc, luider their liand. 
 
 (12.) To appoint and take proper security from the secietary- 
 treasurer and school collector. 
 
 (13.) To make a return to the municij)al clerk of all rates imposed 
 by them. 
 
 (14.) To make no contract Avith any membei* of the school coi'- 
 jwiution, except for school site, or as collector. 
 
 (15.) To transact no school Inisiness except at a trustee meiiting 
 of which each member of the coi'i)oration has had due notice. 
 
 (16.) To appoint a school aiulitor before the 1st of l)eceml)er in 
 «ach year, and lay before the auditors all necessary information. 
 
41 
 
 (17.) To comply with the award of the arbitrators aiising between 
 themselves and other parties, under the school law. 
 
 (18.) To call school meetings when desired by the ratepayers to 
 decide the question of school site. 
 
 (19.) To provide, at the expense of the section, for the cleaning of 
 the school-house and the lighting of fires, &c. 
 
 (20.) To provide a well, play yard and separate conveniences for 
 boys and girls. 
 
 (21.) To see that the prescribed programme is fully carried out. 
 
 (22.) To provide an assistant for their school, in case the average 
 attendance of pupils exceeds fifty. 
 
 (23.) To provide suitable school accommodation for all the pupils 
 in their section, as defined in the regulations. 
 
 (24.) To establish a free public school library as reqiiired by law, 
 to see that it is available to the inhabitants, and that it is properly 
 managed. 
 
 (25.) To follow the township assessor's roll in making out the list 
 of, and collecting, the school rate. 
 
 (26.) To take possession and have sole custody of all common 
 school property, moveable property, moneys, &c. 
 
 (27.) To obtain a legal title to their school premises, as provided 
 by law. 
 
 (28.) To do whatever they may judge expedient in regard to the 
 building, fitting, &c., of the school-house, appendages, play-groimd, 
 enclosures, lands, and moveable property. 
 
 (29.) To have the sole authority to appoint by written agreement, 
 and fix the amount of the salary of all male and female teachers 
 employed by them. 
 
 (30.) To appoint a school collector, secretary-treasurer, &c. 
 
 (31.) To establish, if they judge expedient (with the consent of 
 the insjjector), a male and female school in their section. 
 
 (32.) To provide a teacher's residence. 
 
 (33.) To raise all moneys, in the manner authoi'ized by the school 
 meeting. No meeting can lawfully decide what amount the tnistees 
 shall raise, but only the manner in which they shall do it. Should 
 a meeting neglect or refuse to decide upon the manner of raising the 
 sums required, the trustees can exercise their own discretion as to 
 which mode they Avill adopt. 
 
 (34.) To apply, if they judge expedient, to the municipality of 
 their township, once a year, before the August meeting (except in 
 case of a site and building), to raise any school-rate authorized by the 
 inhabitants ; and to comjiel the council to collect it, by mandamvs 
 from one of the Sujierior Coui'ts, should the council refuse to do so. 
 
 (35.) To exempt at theii* pleasure all indigent persons from section 
 school rates, and provide their children with text books. 
 
 (36.) To sue non-residents for school rates. School taxes on 
 absentees must, however, be collected as pointed out in section 9, 
 3 
 
42 
 
 cliaptor IV. In case the township council should refuso to pay those 
 taxes (duly returned to the clerk,) the trustees can (mter an action, 
 in any competent coui-t, against the township council for the amount. 
 
 (37.) To call a special school meeting for any lawful school j)uri)08e. 
 
 (38.) To unite their school with the adjacent High School (if de- 
 sii-iible.) 
 
 (39.) To resign the office of trustee (if necessaiy,) with the consent 
 in AVTiting of their colleagues jiud of the Inspector. 
 
 (40.) To decline re-election if they see lit iov four years next after 
 going out of office. 
 
 (41.) To apply to county council against any objectionable act or 
 by-law of a township council in altering the boiaidaries of the school, 
 or to request an adjustment of their school section boundaries 
 
 (42.) To comply with the school law and regixlations generally. 
 
 N.B. — No scliool meeting of their constituents can deprive trustees of any of 
 these powers, or prevent their exercise. 
 
 CtT AFTER VI. 
 
 PUBLIC SCHOOL MEETINGS. 
 
 1.— Day of Annual School Meeting fixed by Law. 
 
 The day fixed by Statute for the annual school meetings throughout 
 the province is the second Wednesday of January, and the hour at 
 ten o'clock in the forenoon. The proceedings cannot close before 
 eleven o'clock, nor be kept open after four o'clock, p.m., of that day. 
 They cannot stand over to the following day nor be adjourned, nor 
 fail, should only two electors and two trustees be present. (See next 
 section.) 
 
 2.— Public Notice of Meeting must be given by Trustees- 
 
 Thi-ee public notices, to be j)Osted in as many conspicuous places in 
 the school section, should be issued at least six clear days before the 
 day of meeting, and signed by the secretary (by dii-ection of the 
 trustees), or by a majority of the Trustees themselves. The coi-jjorate 
 seal need not be attached to them. These notices should state the 
 time, place of meeting, and all the business to be brought forward. 
 Should the meeting fail to be held for want of notice, or other cause, 
 any two rate-payei^s, or the inspector, may call a school meeting within 
 twenty days after the second Wednesday of January. 
 
*3 ' 
 
 3 —Who are, and who are not, School Electors of a 
 
 Section. 
 
 Every Rchool riito-j):iyor of the saiitioii, wliethor roaidont or non- 
 resident, foinalo, or minor, who lias paid a county, township, or section 
 school tax, duriiis; the year, and wlio is not a supporter of a separate 
 Bcliool, hiis a right to be present antl vote at a school meotinj^. 
 
 4 —Declaration of School Section Elector's Right to Vote. 
 
 In c:ise any one objects to an elector's right to vote, tiie chairman 
 should require the elector to make a declaration of that right in the 
 following form (on doing so his vote must be received without further 
 question) : — 
 
 " I do declan; and atfirm that I have been rated on the assessment 
 roll of this school section as a freeholder (or householder, as the case 
 may be), and that I have paid a public school tax duo by me in this 
 school section, imposed within the last twelve months, and that I am 
 legally qualified to vote at this meeting." 
 
 6.— Appointment of a Chairman and Secretary of the 
 
 School Meeting. 
 
 The first thing to be done, before proceeding to other business, is 
 the appointment of a Chairman and Sacretaiy. The chairman may 
 be an elector or non-elector, at the pleasure of the meeting (if a non- 
 elector he cannot vote). The secretary may be the teacher of the 
 section, or any other competent person. 
 
 6 —Duties of the Chairman of a School Meeting. 
 
 (1.) To keep order. 
 
 (2.) To decide all questions of order, subject to an appeal to the 
 meeting. 
 
 (S.) To give a casting vote (but no other) if an elector. 
 
 (4.) To tJike the votes on any question before the meeting, in any 
 manner desired by two electors pi'esent. (See section 14 of this 
 ohaj>ter). 
 
 (5.) To hear the verbal declaration of office made (in the words of 
 the stiitute) by the trustee elect. 
 
 (6.) To transmit to the inspecto" a copy of the proceedings of the 
 meeting, signed by himself and the secretary, under a penalty of five 
 dollars for neglecting to do so. 
 
 7 —Duties of the Secretary of a School Meeting. 
 
 (1.) To make a correct minute of the proceedings. 
 (2.) To sign the minutes for transmission to the Inspector. 
 (3.) To hear tbo declaration of office made by the chairman, in case 
 he should be elected trustee. 
 
44 
 
 8 — Prescribed Order St Business at a School Meeting. 
 
 The following is the order in which the business of an annual school 
 meeting should be taken up : — 
 
 (1.) Calling the meeting to order by the senior tnistee. 
 
 (2.) Election of chairman and secretary. 
 
 (3.) Reading of trustees' annual report and auditors' statement of 
 receipts and expenditure. 
 
 (4.^ Reception of trustees' report and auditors' statement. 
 
 (5.) Election of trustee to fill the vacancy of the year. 
 
 i6,) Election of trustee or trustees to till any other vacancy. 
 
 (7.) Election of a school auditor for the next year. 
 
 (8.) Deciding by whom the school expenses of the school shall be 
 
 raised, (that is by the trustees, or by the township council.) 
 
 Note. — The school meeting has no power to alter the trustees' estimate of 
 these expenses, nor to interfere with the appointment of the teacher, or to reduce 
 his salary. These expenses, which cannot be reduced by the meeting, include the 
 items of rent, insurance, repairs, fittings, printing ; salary of teacher ; maps, 
 apparatus, tablets, library, prize and text books ; fuel, cleaning, lighting fires, 
 care of premises ; postage, stationery ; collector's fees ; cost of site, building, 
 teacher's residence, outbuildings, shed, fence; planting and laying out grounds; 
 school bell and all other necessary expenses incurred by trustees in maintaining 
 the school. 
 
 (9.) Any other business, of which due notice has been given. 
 
 Note. — No business can be lawfully transacted at a school meeting, unless due 
 notice shall have been given of it by the trustees, inspector, &c., beforehand. 
 
 8 — Bules to be observed at each School Meeting- 
 
 The following rules are to be observed at each school meeting, 
 (see also section 10 of this chapter), viz. : 
 
 (1.) Foil demanded. — The name of those who vote foi', and of 
 those who vote against, a motion, shall be entered upon the minutes, 
 if two electors require it, at the time of voting, and even after the 
 chairman has declared the motion carried. (See section 14, below.) 
 
 (2.) Votes. — All votes shall be taken in the manner desired by a 
 majority of electors present, and a poll shall be granted if two 
 electors desire it. Every vote tendered shall be received by the chair- 
 man, imless objection be made to it. In that case the chairman 
 shall require the person, whose vote is questioned, to make the 
 declaration provided by law. After making it, the vote must be 
 received and recorded without further question. 
 
 (3.) Protest. — No protest against an election, or other proceedings 
 of the school meeting shall be received by the chairman. All pro- 
 tests must be sent to the Inspector, at least within twenty days after 
 the meeting. 
 
 (4.) Adjournment. — A motion to adjourn an annual school meeting 
 until the business is finished is unlawful ; but a motion to adjourn a 
 special school meeting shall always be in order; provided that no 
 
46 
 
 second motion to the same effect shall be made until after some 
 intermediate proceedings shall have been had ; or provided that such 
 special meeting has not been called for tlie selection of a school site. 
 (See section 3 of chapter VII.) 
 
 (5.) Reconsidering Motion. — A. motion to reconsider a vote may be 
 made by any elector at the same meeting; but no vote of reconsidera- 
 tion shall bo taken more than once on the same question at the same 
 meeting, imless by unanimous consent. 
 
 (6.) Close of the Meeting. ^ — The school meeting must not close 
 before eleven o'clock in the forenoon, nor shall it continue open after 
 four o'clock in the afternoon — beyond which latter hour no business 
 can be lawfully transacted by the meeting. 
 
 (7) Transmitting Minutes to Inspector. — At the close of the meet- 
 ing, the chairman should sign the minutes as entered by the secretary 
 in the minute book. Within fourteen days after the meeting, the 
 chairman must send to the inspector a copy of the minutes (as signed 
 by himself and the seci-etary), under a penalty of five dollars. 
 
 (8.) Declaration of Office. — The trustee, or trustees-elect, should at 
 once make the declaration of office befoi-e the chairman of the meeting, 
 or within fouiiioen days after the close of the meeting. In case the 
 chairman is elected trustee, he should in like manner make the 
 declaration of office before the secretary. 
 
 NoTK. — In no case is an oath of office, or signer! declaration by the trustee-elect 
 required. The act must he verbally performed. Even if it be not performed, the 
 trustee is nevertheless a legal trustee until fined by a magistrate for neglect to make 
 the declaration. On being fined, the office is vacated, and a new election should 
 be at once held. Even should a trustee's election be appealed against to the 
 inspector, the trustee himself must hold office and act, until his election is legally 
 set aside. The principle is, that an individual coming into otHice by colour of an 
 election or appointment, is an officer de facto (in fact), and his acts, in relation to 
 the public, are valid until he is lawfully removed, although it be conceded that his 
 election or a|)pointment was illegal in the first place. When his election is con- 
 firmed, he becomes a trustee de jure (of right), and no further objection can be 
 made to him. 
 
 10 — Optional Bules- 
 
 Note. — The following are rules of order suggested, which may or may not be 
 observed, at the pleasure of the meeting, viz. : 
 
 (i.) Addressing Chairman. — Every elector, previous to speaking, should risu 
 and address himself to the chairman. 
 
 (2.) Order of Speaking. — When two or more electors rise at once, the chairman 
 shall name the elector who shall speak first, when the other elector, or electors, 
 shall next have the right to address the meeting in the order named by the chairman. 
 
 (3.) Motion to be read. — Each elector may require the question or motion under 
 discussion to be read for his information at any time, but not so as to interrupt an 
 elector who may be speaking. 
 
 (4.) Speaking twice. — No elector shall speak more than twice on the same 
 question or amendment without leave of the meeting, except in explanation of 
 something which may have been misunderstood, or until every elector choosing to 
 speak shall have spokeh. 
 
4G 
 
 {$.) Jlfo/ions to be seconded. — A motion cannot be put from the chair, or debated, 
 unless the same be in writing (if retjuircd by tiie chairman), and seconded. 
 
 I (6.) iVilhdrawal of Motioti.—S.{\.\tx a motion has been announced, or read i)y 
 the chairman, it shall be <lcemed to be in the i)ossession of the meotin^j; but it may 
 be withdrawn at any time before decision, with the consent of the meeting;. 
 
 (6.) Kinds of iMotious to be trcehied. — When a motion is under dei)ate, no other 
 motion shall be received, uidess to amend it, or to postpone it, or for adjournment, 
 if a special meeting, as provided in clause (4), section y of this chapter. 
 
 (8.) Order of putthi;^ Motion. — All questions shall be put in the order in which 
 they are moved. Amendments shall always be put before the main motion: the 
 last amendment first, ami so on. 
 
 11 — First Business of the Annual School Meeting- 
 After appointing 11 chairman and secretary, the first busine-SH, before 
 electing a now triii,t(!e, is the reading of the school tnisto(» and auditors' 
 report for the past year for the information of the meeting. (For 
 other items of business to Ijo brougiit forward, see section 8 of thia 
 chapter.) 
 
 12.- -What the Trustees and Auditors' Report shall contain. 
 
 The law of 1871 declares that "the rej)ort of the trustees required 
 by law to bt) laid before the annual school meeting shall (1) ineliuh; a 
 summary of their proceedings; and (2) state of the school during the 
 year, tog(!ther with (.'5) a detailed statement of receipts atid expendi- 
 ture, signed by either or both of the school auditors of the section; 
 and in case of a dillerence of opinion between the auditors on any 
 matter in the accounts, it shall be referred to ami decided by the 
 County Inspector. 
 
 13 —Who may or may not be a Trustee 
 
 Any lit and proper person who is si resident assessed rate-payer of 
 the school section, may be trustee thereof; but no inspc^ctor, teacher, 
 non-resident, or supporter of a separate school can lawfully hold that 
 oflBce. The chairman of the meeting (if a i-atepayer, and otherwise 
 eligible), may be elected. In that case he should make a verbal 
 declaration of oflice before the secretaiy of the meeting. Should a 
 person elected as trustee refuse to serve, he subjects himself to a 
 penalty of live dollars; but a retiring trustee need not serve for four 
 years after his term of service expires. (See chapter I., sections 1 
 and 2.) 
 
 14— Three Modes of Trustee Election prescribed. 
 
 In electing a trustee, one of the three modes authorised by law may 
 be adopted, viz.: (1) by acclamation; (2) by a show of hands; and 
 (3) by polling the voters. The law requires the chairman to a<iopt. 
 the latter mode at the request of any two elef;tors j^resent, even 
 although he may, 011 a show of hands, have declared the person 
 elected. 
 
47 
 
 16. Complaints to bo mado to Inspector. 
 
 Any porHon having a h^gal oltjoction, fiitluu' to tlio jn'ocoodingH of 
 tho aniuiul uuictiiig, or to thii oldction of thn tnisteo, has a right of 
 appeal against oith<'r, within twonty days, to tlio inspctctor alonn. 
 Tho inspector is rcipiircd by hiw to rocoivo and to investigato tho 
 coniphiint, and oithor confirm tho proceedings and election, or Hot 
 them aside within a reanonabhi 'Mue. 
 
 le— Appeal to the Chief Superintendent against Inspector's 
 
 Decision- 
 Should any rattvpayer ol)j(!ct to the Inspector's decision, no further 
 jn'oceedings should take place in the matter nntil an appeal is made 
 to tho head of tlu^ Education 1 )(>partnient (as provided by law in Huch 
 cases) and decided. 
 
 Note. — .Should ihe proceeilinji;s and eleclion l)c set aside, and no apjical be 
 made to the cliicf superhilendent, the inspector, or trustees, if desired, should call 
 another nieetinf; for a new election. If no complaint be made to the ins|)ector in 
 writing within twenty days after the niectin}^, the proceeding's (however irrejjular 
 they m.ay have been) must be held to be valid and binding; upon all jiarties con- 
 cerned. It should be borne in mind that the complaint (if maile at all) must be 
 referred, in the first place to the inspector having jurisdiction, and not to the 
 chief superintendent. The law provi(les for an appeal from the ilecision of the 
 inspector in such cases to the chief superintendent. In no case should the com- 
 ])laint in the first instance be made to the ICducation T)e|)artment ; and, in all cases, 
 parties appealing nnist send the inspector a copy of their appeal, so that he may 
 have an opportunity to semi such explanations as ho may (leem necessary to that 
 Department. 
 
 17 —Mode of Calling Special School Meetings- 
 
 The notice calling a sjx^cial school meeting, should sj)ecify tho place, 
 time and objects of the meeting, [t may bo issued by the secretaiy, 
 or trustees, or by the Inspector. Three notices of the meeting should 
 1)0 put up in conspicuous places in tho section, at least six days before 
 the meeting. (Sec! .section 2 of this chai)ter.) 
 
 18.— What an Ordinary Special School Meeting can do. 
 
 A special if called to transact ordinary business can 
 
 (1.) Discuss, and decide at its pleasure, the business named in the 
 notices calling it ; or, it may, (uidess restricted as below.) 
 
 (2.) Ailjoum the fiirtliei" consideration of such business until an- 
 other meeting. 
 
 (3.) liesclnd (unless restricted, as below) the i-esolutions of a 
 former meeting, and pass others in their ])lace. 
 
 19.— What a School Section Meeting Cannot do. 
 A school meeting cannot la^vfully : 
 
 (1.) Elections. — Rescind any resolution or vote of a fomier meet 
 ing for tho election of a school tiiLstee. 
 
 (2.) Contract. — Rescind any resolution of a former meeting, if in 
 the meantime a contract, agreement, or obligation has been entered 
 
into under its authority, unlcBS at tho Bamo time it fully providoB for 
 tho paymont of componsution or diunagoH cauBod by the roHcindiug of 
 Buch resolution or vote. 
 
 (3.) Adjourn, — Tho annual meeting, or any meeting called for tho 
 appointment by it and by the trustoos of arbitnitoi-H, to ducidu upon 
 a school site. (See next chapter, section 4.) 
 
 (4.) Award. — Set aside or ignore tho award of ai-bitratora ap- 
 pointed to feloct a school site. 
 
 (5.) Hate bill. — Impose rate bill for fees, fuel, or other puii)OSo» 
 U{)on residents, or non-residents. (See chapter IV. on non-residents.) 
 
 (6.) Trustees^ RUjIUh. — Interfere with tho tnistoos in their right to 
 employ a teacher, erect a school-house, or decide upon the expenses 
 of tho school, or tho improvomcnt of tho school promises. 
 
 CHAPTER VII. 
 
 SELECTION OF RURAL SCHOOL SITES. 
 
 1.— When a School Site requires to be chosen. 
 
 There are three cases in which tho question of School Site comes 
 up for consideration in a school section : (1.) On the establishment of 
 a new section; (2.) On tho change of site in an old section; and (3.) On 
 the enlargement of an existing site. 
 
 2.— Joint action of Trustees and Batepayers in the choice 
 
 of a Site. 
 
 Of the three cases relating to tho choice of school sites which wo 
 have mentioned, tho first and second only recpiiro tho joint action of 
 the tnistees and ratepayerf ; the third is within the province of tho 
 tiiistee alone to determine. 
 
 8.— Meetings required for Procuring or Changing a School 
 Site— When it cannot adjourn without action. 
 
 The necessity for joint action is clearly obvious, even without an 
 expression of opinion, when a now school section first goes into 
 opei-ation. It is, however, fi'equently difficult to determine whether 
 the state of feeling in regard to a change of site in an old section is 
 sufficiently decided to wan-ant the tnistees in calling a meetiMg to 
 discuss the question. However, if they know that such a f'jeling 
 exists, the law requii-es them, within a reasonable time^ to call a 
 "fecial meeting" to " consider" the question. If, at this meeting, 
 " a difierence of opinion as to the site of tho school" is found to exist, 
 
49 
 
 " botwoon tho majority of tho tmstooa and a majority of the rate- 
 payora," tho law requires that each party shall at oiico chooso an 
 arbitrator. It is, thoroforo, not coinpotont for this Hi)ocial meeting 
 to adjourn, until (uthor tho majority of tho trustoos and tho rate- 
 payorH ii^ren as to a sito, or, (in civho of a diffori'iico of opinion on 
 tho Hubjoct,) thoy rospoctivoly appoint an arbitrator to soloct ono for 
 thorn, (Sco next section, and Hoction 8 of this chapter.) 
 
 4.— Remedy in case of failure to call a Meeting, or to 
 appoint an Arbitrator. 
 
 In ciuso tho trustees refuse to call a "H])ocial iiu^eting," as required 
 by law. for " procuring " or " changing " a sito, tho inMj)ector is 
 authorized to do ho; or, if "at such siiecial mooting" a dirterence of 
 opinion should arise in regard to a sito between the tnistoes and 
 ratopayia'S, and tho chaii'man or a majority of tho ratoj)ayei's by vote 
 should unlawfully "adjourn tho meeting," and thus neglect or refuse 
 to appoint an arbitrator," tho law declares that then " it shall be 
 competent for tho county inspector, with tho arbitrator a})pointed, to 
 moot and determine tho matter ; and tho inspector, in cuso of such 
 refusal and neglect, shall have a second or casting vote, provided '* 
 ho and the ono arbitrator appoiiited " should not agree." 
 
 6.— Remedy in case one of the Arbitrators should refuse 
 
 to act. 
 
 Should two ai'bltrators be apjwinted at the school meeting to select 
 a sito, and should either of them (having received notice) neglect or 
 refuse to attend a meeting of tho ai-bitratoi-s, on tho subject, the law 
 declares that " it shall bo competent for tho arbitrators ^'resent to 
 make and publish an award upon tho matter submitted to them, or 
 to adjourn tho meeting for any ])eriod not exceeding ten days, and 
 give the absent arl)itrator notice of such adjournment." 
 
 6.— Power of the Arbitrators— Kind of Site to be chosen. 
 
 Tho laWj^f'iys, that "in case of a difference jus to tho site," the 
 arbitrators r,p])oi'ited " shall finally decide tho matter." The choice 
 of tho arbitrators as to a sito is thus loft free. They are not bound 
 to select either, or any of tho sites in dispute, but should chooso one 
 best adapted to tho wants of the section. It should be an acre in 
 size, (but cannot be less than half an acre), in a pleasant situation, and, 
 (without the consent of the owner), should not be within a hundred 
 yards of his house, orchard, pleasure-ground, or dwelling-house. 
 Arbitrators are "entitled to the same remuneration per diem for the 
 time employed" as are county councilloi-s ; "and the parties concerned 
 shall pay all the expenses of the arbitration," according to the award 
 of the ai'bitrators. 
 
5& 
 
 7,— Making and Publishing an Award— They may bo by 
 
 Deed or Parol. 
 
 "When the arbitrators liave agreed u]>on tlicir award, they should 
 reduce it to writing, sign and seal it. This is " making " the award. 
 When thus made, it should bo sent to the trustees, for their informa- 
 tion and that of the ratepayers. Tliis is "publishing" it. It is 
 competent, however, for the arbitrators to declare or publish the 
 award orally, in presence of the ])arties concerned, viz., a public 
 meeting of the trustees and i-atepayers. Should the award thus 
 published be afterwards, by conscuit, reduced to wi'iting, (as above) 
 it should be identical in its t(,'rms with the oral declaration made, 
 and should be merely a wiitten copy of it. Any material variation 
 in the written copy from the oral award would destroy its validity 
 and finality. (See Davis v. M'Givern. 11 Q. B. K. 112.) 
 
 8.— Summary of General Rules in regard to Arbitration. 
 
 (i.) Constitution of the Arbitration Court. — Any one who can contract, can 
 submit matters in dispute to arbitration. Either a friend or enemy, or a ])erson 
 having an interest in tlie cause, may be chosen. All the arbitrators should be 
 chosen before proceeding to the arbitration, except wiiere otherwise jHovidecl (as 
 in the case of a school site.) Where there are an odd number of arbitrators, a 
 majority decides all matters submitted to tliem; l)ut, where tlie number is '.wo, 
 four, &c., who are equally divided in their opinions, any person who may be 
 selected as umpire has the sole right to ilelermine the ])oinls of difference, and 
 make the award. The inspector is, ex officio, umpire in cases where only two 
 arbitrators arc present. 
 
 (2.) Duties of Arbitrators. — It is the duty of arbitrators to hear evidence on 
 both sides. If parties to ihe arijilration, and their witnesses, who are duly notified, 
 do not attend, the arbitrators can proceed, ex parte, and decide according to the 
 best evidence before them. An arbitrator cannot delegate his power; but, if he 
 obtains the opinion of jirofessional men, he may adopt it as his own. He may, 
 however, delegate, purely ministerial acts, such as to go from one place to another, 
 to obtain certain deiinite information, or estimate the value of some specific work 
 performed ; but he cannot direct any person to commit a trespass. 
 ■ (3.) Time of making an Award. — If no time be fixed, an award should be made 
 and published within three months from the time of the submission. The time for 
 making an award may, however, be enlarged. If lime lapses, the power of the 
 arbitrators is gone until it is enlarged. 
 
 (4.) Making and Publishing an Award. — All awards should be in writing, but 
 may be made and pul)lished orally. An award is made when all the arbitrators 
 have signed it. When signed by the arbitrators, their power is gone. An award 
 is published when it is sent to the parlies concerned, or notice is sent to the parties 
 afiected by it that it is ready to be delivered. It should be delivered on the day 
 fixedj .nd then the fees and other expenses on it are payal)le. Any kind of words 
 may be used in an award ; but it should be definite and conclusive on all the 
 points submitted. Arbitrators are not required give reasons for their award. 
 
 (5.) fudgmcnt and Experience. — In Martin v. Kergan, (2 I'rac. K., 370), it 
 was held that the parties to an arbitration "have a right to the arguments, experi- 
 ence, and judgment of each arbitrator, at every stage of the proceetlings." 
 
 (6. ) Costs of Arbitration. — Where the costs of the arbitration are at the discretion 
 of the arbitrators, and the award says nothing about them, each party pays his own 
 costs of reference, and the costs of the award are to be borne equally. — Glens. 
 Grand Trunk Kaihuay, 2 I'rac. R. 377. 
 
51 
 
 0.— Power of, and Bestriction on, School Meetings in 
 regard to "Awards." 
 
 Even after an arbitrator or a,rbitrators have been appointed to 
 select a site, it is competent for a majority of the trustees and of a 
 public school meeting called for that purpose to agree upon the choice 
 of a site before an award is made. This agreement revokes the 
 submission of the matter to arbitrators, who should at once be notified 
 of the fact, so that no award may be "made." If, however, an award 
 be made and ptxblished, it is not competent for the trustees, or a 
 public meeting, to set it aside, either by choosing a site themselves, 
 or by appointing other arbitrators to select one. 
 
 10.— Powers of the Trustees in regard to enlarging a 
 
 School Site. 
 
 Where no desire is felt by tlie trustees or ratepayers to change the 
 
 site of a section, the trustees have full })ower to enlarge it at theii" 
 
 discretion, and to erect a new school house on it, or to rejjair the old 
 
 one, without consulting their constituents. 
 
 11.— Sale or Exchange of the old School Site. 
 
 In case a new school site is r^hosen in a school section, and the old 
 one is no lougtu- recpired, the trustees are authorised " to dispose, by 
 sale or otherwise, of any school site or school property not required 
 by them, and to convey the same uudei" their corporate seal, and to 
 ap])ly the proceeds thereof for their lawful school purposes. And all 
 sites and other property given or acquired, or which may l)e given or 
 acquired, for common school purposes, shall vest absolutely in the 
 trustee coi-poration for this piirpose." 
 
 NoTF.. — This case difliers materially from one in which a change of boundaries 
 necessitates a change of site. Under such circumstances the law declares that, 
 "In case a school site or school house, or other school property be no longer 
 required in consequence of the alteration or the union of school sections, the same 
 shall l>e disposed of by sale or otherwise, in such manner as a majority of the 
 rate-payers in the altered or united school sections decide at a public meeting called 
 for that purpose. And the inhabitants transferred from one school section to 
 another, shall be entitled, for the public school purposes of the section to which 
 they are attached, to such a proportion of the proceeds of the sale of such school 
 house or other ]iublic school property, as the assessed value of their property bears 
 to that of the other inhabitants of the school section ftom which they have been so 
 .separated ; anil the residue of such proceeds shall be applied to the erection of a 
 new school house, or to other public school purposes of such altered or united 
 sections." 
 
 12.— Owner of Land must Sell School Sites selected. 
 If the owner of a newly selected school site, or of land adjoining 
 an old site (which the tiiistees have decided to enlarge) should refuse 
 to sell it, or should ask an imreasonablo price for it, the law requires 
 the trustees and owner each to appoint an arbitrator to apjjraise tL.' 
 damages, to the owner, of such compulsory sale. Upon the tender of 
 payment of these damages to the owner of the land by the trustees, 
 they can take possession of the land for school purposes, and proceed 
 to erect a school-house on it, or to enclose it. 
 
53 
 
 13.— Power and Privileges of the Owner only relate to a 
 
 new Site. 
 
 On the selection 0/ a person's land (without his knowledge or 
 consent), within one hundred yards of his garden, orchard, pleasure- 
 ground, or dwelling-house, the owner may either consent to the sale 
 of the new school site at a reasonable rate, or he may refuse to sell 
 it, at his pleasure. But, in regard to the enlargement of tlie old 
 school site, the law gives the owner of the adjacent land no such 
 privilege, and the tnistees should offer to buy the additional land. In 
 case of refusal to sell it, the law requires the trustees and owner, 
 each, to appoint an arbitrator, to appraise the damages, and upon 
 tender by the trustees (as above) of the amount of damages awarded, 
 the trustees can take and use the land for the purposes of then- trust. 
 
 Note. — The provisions of the law on the compulsory sale of school sites are 
 twofold, although they have been frequently confcnded together. The first part 
 of the section on the subject refers (ist.) to "the selection of land for a school 
 site," and (and.) to "the selection of land for ctilargivg scJiooI premises." In 
 these two cases, the tnistees can demand an arbitration i.hould the owner of the 
 selected or enlarged site refuse to sell, or ask too large a price for the land. In 
 the first class of cases, (/>., the selection of a new site,) the owner can lawfully 
 refuse to sell, or to submit to arbitration, when the selected is within lOO yards of 
 his "orchard, garden, pleasure-ground or dwelling-house;" but where the 
 trustees merely wish to enlarge their existing school premises, the owner has no 
 such right. The provision of the law, giving this right, limits it to the ^^ selection 
 of a site" and not to the enlargement of the school premises. Two things are 
 provided for in the Act, while the right reserved to the owner of the land refers 
 only to one of them — that is to the case of the selection of a ne^v site, and not 
 to the enlargement of the old one. The provision of the law does not in any case 
 (as has been supposed) apply to persons whose house, orchard, &c., may happen 
 to be within 100 yards of the proposed site, but who are not in any way concerned 
 in the sale of land for the site. 
 
 14 —Township Council may purchase School Sites. 
 
 The Municipal Institutions Act authorizes to-wnshij) councils to 
 pass by-laws " for obtaining such real property as may be re(piii*ed 
 for the erection of public school-houses thereon, and for other public 
 school purposes, and for the disposal thereof when no longer i-equired ; 
 and for providing for the establishment and supjjoil; of public schools 
 according to law." 
 
 16— Decisions of the Court in regard to School Sites. 
 
 ( I . ) In selecting a Site, Trustees cannot act linlhout consulting their constituents. — 
 The Court of Queen's Bench has decided that the tnistees cannot, without refer- 
 ence to the [assessed] freeholders and householders of the section, detennine upon 
 a site for the school-house, and impose a rate to meet the ex])cnse of its purchase. — 
 Orrv. Ranney "t al, No. 15 Westminster. 12 Q. 13. R. 377. 
 
 (2.) Arbitration before award made, may be superseded by mutual concurrence. — 
 Chief Justice Robinson thus laid down the law on this subject : — As a general rule, 
 we take it that where two parties have a difference upon any matter of business, 
 and refer it to arbitration, they may afterwards agree upon the matter on which 
 they had differed, and so may render it unnecessary that any award should be 
 made. By the common law either party might, before the award made, revoke 
 
53 
 
 the submission. — There have been restrictions lately placed by statute upon this 
 right of one party to revoke without the concurrence of the other, but it would be 
 most unreasonable and inconvenient to hold that both the parties may not come to 
 a settlement of their dispute, and so dispense with the necessity for the arbitrators 
 proceeding. — Chief yusticc Robinson, in re Vance y. King, ct at. No. i Ilalloivell, 
 21 Q, B. R. 187. 
 
 (3. ) First arbitration in regard to a Sc/iool Site, cannot he set aside by a subsequent 
 Special Aleetiiig. — The Court of Common Pleas has decided the following case : 
 When a meeting was held to change the site of a school-house, and arbitrators 
 appointetl, who met and decided the question, but their decision was not acted 
 upon ; subsequently another meeting was called, and their decision and proceedings 
 were acted upon and the site changed. Held, that the proceedings were irregular, 
 and that the trustees had no authority to change the site of the school-house 
 without the sanction of a special meeting of the [assessed] freeholders and house- 
 holders, and that the second meeting had no authority to alter the .determinations 
 previously made. — Williams s. Trustees, No. 8 Plytnpton. 7 C. P. R. 559. 
 
 (4. ) Replevin — Arbitration in regard to school site — Blanks filled in after execu- 
 tion — Award roidered invalid thereby. — The Court of Common- Pleas decided the 
 following case : Replevin* — Two defendants avowed [/. e. maintained and justified 
 the act done by them] ; the third pleaded the convening of a special meeting of 
 freeholders and householders of a certain school section to procure a school site, 
 when it was agreed to procure a certain piece of ground and erect a school-house 
 thereon, which was done. That plaintiff was a resident freeholder when the 
 meeting was held and when his goods were seized, and was assessed $80 for 
 building said school-bouse, &c. The plaintiff pleaded that the meeting above set 
 forth was null and void, because before the said meeting another had been con- 
 vened according to law, when a difference of opinion existed between a majority 
 of the freeholders and householders as to choosing a school site, and arbitrators 
 were appointed, who decided upon a certain site, which decision remains in force, 
 and the defendants in contravention thereof wrongfully purchased the site mentioned 
 in their plea, and wrongfully distrained, &c. Upon demurrer. Held, that the 
 second meeting pleaded by the defendant was a violation of the provisions of the 
 statute, and that the plaintiff was entitled to judgment. The arbitrators to whom 
 a reference in this cause was made under the school act executed an award, the 
 description of the lot not being fully inserted, but a blank being left therefor, 
 which was afterwards filled in and the word lot altered into gore. Held, that the 
 award was insufficient. Held, also, that school trustees who executed a warrant 
 as such trustees under the seal of the trustee corporation were not personally re- 
 sponsible. — Ryland v. King et al. No. I, Hallotvell, [See decision of the Queen's 
 Bench below, in effect reversing this case,] 12 C. P. R. 198. For definition of 
 the word "replevin," see * below. 
 
 (5.) A similar case decided by the Court of QueerHs Bench. — Replevin against 
 two school trustees and one King, a bailiff, for a horse. Defendants pleaded, I. 
 That they did not' take ; and 2, an avowry, setting out in substance that on the 
 30th of October, 1858, a special meeting of the freeholders and householders of 
 the section had been duly called to procure a school site and erect a school-house 
 thereon, at which it was agreed to procure a certain site named : that this was 
 procured and the school-house built : that the plaintiff was duly assessed for a 
 sum specified : that the trustees by their warrant commanded King to collect it ; 
 and that after demand and default made he seized the horse. The plaintiff pleaded 
 to the avowry, 1st, de injurid ; and, 2nd, as to the justification by the tnistees, 
 that the meeting was void, because before it took place a special meeting of the 
 freeholders was duly held to procure a school site, at which a majority of the 
 trustees differed from a niajority of those present with regard to the site, in 
 
 * Replevin : the name of an action for the recovery of goods and chattels. Replevy : to 
 re-deliver goods which have been distrained, to the original possessor of them, on his giving 
 pledges in an action of replevin. 
 
64 
 
 consequence of which the freeholders and householders, the trustees, and local 
 superintendent, each appointed an arbitrator to decide the question ; that the 
 arbitrators detennined upon a site specified, dilTercnt from that mentioned in the 
 avowry, wliich award remained in force, and that the trustees, contrary to this 
 decision, wronj^fully purchased tiie site mentional in the avowry. Tlie defendants 
 replied that there was no such award. As to this issue taken upon the first plea 
 of the defendants, it appeared that the horse was seized by King under a warrant 
 .signed by two trustees, commencing : " We, the undersigned trustees of scliool 
 section," &c., and sealed with the corpoi-'te seal. Held, that the trustees were 
 liable iiersonally, not in their corporate capacities only. With regard t(j the second 
 and third issues, raised by the plea of dc injuria to the avowry, and rei)lication 
 denying the award, the evidence showed that in 1857 the inhabitants were divided 
 as to the choice of a school site, and an award was made but not acted upon : that 
 in 1858 the same difterence existed, and one of the trustee>< also differed from his 
 co-trustees ; that in Maieh the two trustees, defendants, ol)tained a conveyance of 
 half an acre, part of lot 15, and in May a meeting was hekl at which arbitrators 
 were named and an award made ; but the inhabitants being still dissatisfied, 
 another meeting was held in July, when the arbitrators mentioned in the plea to 
 the avowry were chosen. In the meantime the building was commenced upon the 
 land conveyed. On the 4th of September an award was drawn up [in which a 
 blank was left for a description of the site.] On the 30th of October, 1858, a 
 meeting was held, having been regularly called by the two trustees, to settle the 
 question finally, and a resolution jiassed adopting [as the site] the land conveyed. 
 In April, 1859, the two trustees, defendants, met, the third being absent from the 
 country, and resolved upon the rate, which was inserted by the clerk in the roll, 
 and the warrant was issued to King, who seized the pla'ntiff's horse. The plain- 
 tiff, after that, set about getting the award of .September, 1858, which was after- 
 wards filled up by two of the arbitrators, who state<l that it had been left blank 
 because they did not know the precise description of I,ondon's land. IL'ld, that 
 upon the second issue raised by plaintiif, defendants were entitled to succeed, for 
 the evidence sustained the avowry. And that upon the third issue raised by the 
 plaintiff they were also entitled to the verdict, for there was in fact no award 
 made, and even as it was altered after execution the description was too unceitain. 
 Ryland v. The same defendants, in the Court of Common Pleas, commented upon. 
 [See above.] I/dd, that under the circumstances proved, the reference did not 
 make the subsequent meeting illegal. I/cld, also, upon demurrer, that the avowry 
 was good, the omission of any averment essential to the validity of the rate being 
 cured by the second plea of the plaintiff to it, which relied wholly u]ion the award : 
 that the second plea of the plaintilTwas bad, for not shewing that before the award 
 the trustees and inhabitants had not duly selected the site built upon, as they might 
 do notwithstanding the reference; and that the replication to it denying the award 
 was a good answer. — Vattce \. A'iii!^ et al, A^o. i, Hullmvcll. 21 Q. B. R. 187. 
 
 Note. — See also Decisions of the .Superior Courts in regard to School Houses. Chapter II., 
 Section 13, pages 19 and 20. 
 
55 
 
 CHAPTER. VIII. 
 
 PUBLIC SCHOOL TEACHERS, 
 
 1.— What Constitutes a Public School Teacher. 
 
 A duly ruialifiod ^ ublic school toacLer is ono who, at the time of 
 engaging; with tlie trustees, and duri' g the whole time of teaching 
 their school, is jtossessed of a " legal certificate of qualification " 
 (whether first, second, oi- third-class), issued under the authority of 
 tlie Public School Acts of Ontario. ^ 
 
 2.— Who cannot hold the office of Public School Teacher. 
 
 The law declares, that "all agreements between trustees and 
 teachers, to be valid and binding, shall be in writing, signed by the 
 parties thereto, iind scaled with the corporate seal, and may lawfully 
 include any stipulation to provide the teacher with board and lodging.'' 
 
 Note. — All aL^reemcnls between ttustces and a tr.-aclier must be signed by at 
 Ibast two of the mistees and a teaelier, .-and must I'lave tlie corporate seal of the 
 section attached to it, (as above) otherwise the trustees maybe vnadc fersotially 
 responsible for the fulfdment of their agreement, and can then be sued individually 
 by the teacher. It should also be entered in the tnistees' book, and a copy of it 
 given to the teacher. (.See form of agreement between trustees and teacher, as 
 given below. *) The trustees being a cor[)oration, their agreement with their teacher 
 is binding on their successors in office, if made in accordance with the foregoing 
 section ; and should they refu.se or wilfully neglect to e.xercise the corporate powers 
 vested in t.;em to give it effect, they would be personally liable for the amount due 
 a teacher. The niotle of settling ilisputes between trustees and a teacher is by suit 
 in the Division Court. 
 
 * KORM OF ACREEMENT UETWEEN TRUSTEES AND TEACIIERs. 
 
 We, the undersigned, Public School Tru-stees of Section No. — , in the Township of , in 
 
 the County of , by virtue of the authority vested in us by the School Acts of Ontario, have 
 
 chosen [here insert tlic Trac/u-r's nniiir], who holds a class certificate ot qualification, to be 
 
 a J'eacher in said School ; and we do hereby contract with and employ such Teacher, at the r.ite 
 of [/lere insert the sum in words, \ per annum, from and after the date hereof; and we further 
 hind and ohlif;c ourselves and our successors in office, faithfully to observe and comply with the 
 .school re;;ulatioiis relating to us, and to employ the powers with which we arc legally invested by 
 the said Acts to c'ollect and pay the said Teacher, during the continuance of this agreement, the 
 sum for which we hereby become buund,- the said sum to be jiaid by us to the said Teacher 
 Xqunrtetly, inont/i/y, <5r"i., as the case may be.\ And tlie said Teacher hereby contracts with the 
 Trustees herein named, and binds himself ly>-/(«'rjr//] to teach and conduct the Public School in 
 said .School Sedinn, according to the School Law, and the regulations which are in force under 
 its authority. This agreement shall continue in force {here insert the period o/ agreement,] from 
 the date hereof (unless the certificate of the .said teacher should in the meantime be revoked or 
 annulled, according to law), and .shall not include any teaching on Saturdays, or on other lawful 
 holidays and vacations, prescribed undef the authority of the School Law ; but all such holiday.s 
 and vacations, diiriu'; and at the immediate close of the term of this .igreement, shall be at the 
 absolute disposal of the teacher, without any deduction from his salary whatsoever. 
 
 A B ■) . 
 
 Given under our hands and seals of office, (•' jj' (. Trustees 
 
 this- day of- , and 1E7 , y' p' ^ corporate seal. 
 
 K. L., iVitness. g! H., Teacher. [Seal.] 
 
 NoTi^ — Sec " Decisions of the Courts relating to Trustees and Teachers,' section la of thii 
 chapter. 
 
66 
 
 3 —Assistant Teaohers in a Public School. 
 
 No high, or public school tnistee, and no Inspector, can lawfully 
 hold the office of, or act as a, public school teacher, and vice versa. 
 
 Note. — For conditions on which teachers may obtain certificates of qualification, 
 see chapter xii. 
 
 4.— Who shall be the Master of the School. 
 
 Whenever the average attendance of pupils in a public school 
 . reaches fi/tij, the trustees are required to " employ an additional 
 teacher as an assistant," 
 
 Note. — The law expressly declares that every person receiving any part of the 
 school fund (as teacher or assistant), shall hold a legal certificate of qualification. 
 The Superior Courts have also decided that trustees cannot legally levy a rate for 
 the payment of a * cher who does not possess the necessary qualifications as such 
 under the school laws. (See clause (4), section 12 of this chapter, page 62.) 
 
 6.— General powers of the Master of a Public School. 
 
 In every school in which there are two or more teachers employed 
 theruin, the tru«j*,cos shall de^efmine who ^shalj be considerctif as the 
 master of the school. 
 
 Note. — The head teacher employed in any public school, in which there is 
 more than one teacher, shall be designated and known as the master; and the 
 others shall be named first, second, or third, &c., assistant teacher, 
 
 6.~Discipline in the School— Authority over Pupils. 
 
 The master of every school is a public officer, and, as such, shall 
 have power, and it shall be his duty to observe and enforce the 
 following rules : — 
 
 n.) See that the Rules are observed. — He shall see that these 
 general rules and regulations, and any special rules (not inconsistent 
 with them) which may be approved by the trastees for their respec- 
 tive schools, are duly and faithfully caiTied out, subject to appeal, in 
 case of dissatisfaction, to the Inspector. He shall read, or cause to 
 bo road, in his school, at least once in each quarter (or otherwise 
 inform the pupils of), ao much of the regulations as shall be neces- 
 sary to give them a proper understanding of the rules by which they 
 are governed. 
 
 (2.) Prescribe duties of Teacliers. — He shall prescribe (with the 
 assent of the trustees) the duties of the several teachers in his school, 
 but he shall be responsible for the conttrol and management of the 
 classes imder their charge. 
 
 (3.) Religious exercises — Ten Commandments. — He shall see that 
 the regulations in regard to Opening and Closing Exercises 0/ the 
 Day are observed, and that the Ten Commandments are duly taught 
 to all the pupils, and repeated by them once a week. 
 
57 
 
 7 Duties of Masters and Teachers in regard to Teaching. 
 
 It Bliall also bo the duty of each master and teacher of a public 
 school to observe the following regulations : — 
 
 (1.) General PrincijdeH of Governiaent. — Miustors and teachers are 
 to evince a regard for the improvement and genei-al welfare of their 
 jnHiils ; treat them with kindne.sa, combined with firnniess, and aim 
 at governing them by tlum- affections and resison, rather than by 
 liai-shness and severity. Teachers shall also, as far as practicable, 
 exercise a general cjire over their pupils in and out of school, and 
 shall not confine their instniction and superintend(!nce to the iisual 
 school duties, but shall, as far as ])0Hsible, exteiul the same to the 
 mental and moral training of such })Upils, to their personal deport- 
 ment, to the practice of correct habits and good manners among them, 
 and to omit no ()i)portunity of inculcating the principles of Truth and 
 HoNKSTY, tlui duties of I'espect to BU[)eriors, and obediciiice to all 
 persons placed in authciity over them. 
 
 (2.) — J)isc!/)Iine. — Each master and teaclun- shall practice such 
 discipline in his school, class, ( !• departr.',(mt,,as would beexercised by 
 a kind, firm, and judicious parent in his family. It is strictly enjoined 
 iipon all teachei-H in tlui schools to avoid the appearance of indiscreet 
 haste in the discipline of their ])upils ; and in any difficult cases 
 which may occur, to apply to the master [if an assistant], inspector, or 
 to the ti'ustees (as the case may Ik;) for advice and direction. 
 NoTK. — Tlie followiiifj arc modes to be adopted or avoided: — 
 
 (i.) Proper. — Reproof, kindly 1)Ut firmly jjivcii, citlicr in private or licfore the 
 school, .IS eircumslaiices re(|uire it, or such severe puni-iimenl .is the case really 
 w.arranls, administered as directed in the above ref^ulation. 
 
 (2.) Improper. — Contemptuous Iangua_L,a', reproof .-idministered in passion, per- 
 sonal indignity or torture, and violation of the laws of health. 
 
 ()?.) St(^t(' of fed'niii (tmoujf Puinh. — Masters and teachers shall 
 (Hiltivate kindly and affectionate feelings among the ])upils; dis- 
 eounttiuance quarnjlling, cruelty to aiumals, and every iipproi*ch to vice. 
 
 (4.) Poiwr to Hnnpend Pupils, — TIk* master shall suspend (subject 
 t/) a])p(ial, by the parent or gunrdian, to the trustees) any inijul for 
 an}'^ of tlie following rcNisons : — 
 
 (rt.) Truancy persisted in. 
 (6.) Violent opposition to authority, 
 (f.) R(»petition of any oflcnce after notice. 
 (</.) Habitual and determined neglect of duty, 
 (c.) The use of })rofane, obscene, or other improper livngiiage. 
 {/.) Gcmei'al bad conduct, and bad example, to the injury of the 
 school. 
 
 (.').) Cutting, marring, destroying, defacing, or injuring any of the 
 
 ])ublic school pro])erty, such as Iniildings, furniture, seats, fences, 
 
 trees, shrublxny, tfec. ; or writing any obscene or improper words on 
 
 the fences, v»'alls, privies, or any pait of the premises; provided that 
 
 4 
 
w 
 
 any master suspending a pupil for any of the causes above named, sliall 
 immediately, after such suspension, jfive notice thereof, in wnting, to 
 tlie parent or guardian of such pupil, and to the trustees, in which 
 notice shall he stated the reason for siich suspension ; but no pupil 
 shall be expelled witho\it the authority of the trustees. 
 
 (0.) Expuisio)i of Pupils.— W]nm the example of any pupils is veiy 
 liurtfiil to the school, and in all cases where reformation a])pears 
 hopeless, it shall be the duty of the master, witli the a])i)robation of 
 the trustees, to expel sucli pupil from the school. But any j)tipil 
 under public censure, who shall ox])ress to the master his regret for 
 such a course of conduct, as ojienly and explicitly as the aise may 
 require, shall, Avith the appro! )ation of the trustt!es and master, \)e 
 re-admitted to the school. The third section of the School liuw of 
 1871, declares " that any pujul who shall be adjudged so refractory 
 by the tnistees (or a majority of them) and the tenclKU", that his 
 presence in the school is deemed injurious to th(* other ])upils, may 
 be dismissed from such schocW, and, whert; practicaV)le, removed to an 
 Industrial school," ic. 
 
 NoTK. — The master, under clause (2)ofsectU)n 5 of this chapter, may authorize 
 the assistant to suspend or otlierwise deal with pupils in his class, as provided in 
 clause (4) of this section, 
 
 8.— Duties of Masters and Tee.chers in regard to Teaching. 
 
 The law reqiiires each master or teacher of a j)ul)lic school: 
 (1.) " 7V Teach DlUgentlij and faithfully all the bi-auches retpiii'ed 
 to be taught in the school, r .cording to the terms of his engagement 
 with the tnisteef 1 according to the regidations and provisions of 
 the school acts." 
 
 (2.) Classifi/ Pifpils. — He shall classify the children according to 
 tlie books used; study those books himself, and teach according to 
 the improved method recommended in their prefaces. The division 
 of the pupils into classes, as presci-ibed by the programme, shall be 
 strictly observed; and no teacher shall be allowed to take his or her 
 class beyond the limits fixed for the classes taught by such teachera, 
 without the consent of the master (if an assistant) or inspector, 
 except for occasional reviews; but individual pupils, on being qualified, 
 may, with the consent of the master, be advanced from a low(!r to the 
 liigher class. 
 
 (3.) Constant Employmynd to Pupils. — He shall give the children 
 under his charge constant employment in the studies prescribed in the 
 authorized programme; and endeavour, by judicious and diversified 
 modes, to render the exercises of the school pleasant, as well as 
 pi'ofitable. In giving out the lessons for the next day, difficult })arts 
 should be explained, and where necessary, the best mode of studying 
 them should be pomted out to the pui)ils. 
 
 Note. — Through a singular misapprehension on the part of some teachers, they 
 think that the programme requires them to leach the whole aggrrgate hours pre- 
 
69 
 
 sciibed for tlie (lifiercnt subjects in the programme-. This is an entire mistake. 
 The object of the i)rogranime was two-fold— to provide work, (i), for tlie master 
 or teacher, and (2), for the jiupils wliile he was engaged. No master is retiuired 
 to teacli more than 27^ hours per week ; but wliiie lie is teaching one class one 
 subject, the other classes should be engaged in studying the other subjects, accord- 
 ing to the programme. 
 
 (4.) Time- Table. — Eacli master shall keep, in aomo conspicuous 
 place in the Hchool-rooni, a time-tablo, showing the order of exercises 
 for each day in the week, and the tiuio for each exercise, as prescribed 
 in the pi-ogranimo of studies for public schools. 
 
 (i).) Merit Carch — Prizes. — In all tLi; schools, the srn'es fif merit 
 cards, prepared and authorizo-d by the Education Department, shall 
 bo regularly used; and if jjrizes are given, it must be on the principles 
 laid ilown in the explanatory memoraiidum accompanying that series 
 of cards. 
 
 (6.) Quarlerh/ Exainiimilon. — Each class in every school shall be 
 open for public examination and inspection during the last week of 
 every (piartor; and the master or teacher sliall call upon every pupil 
 in the school, unless excused, to review or recite in the course of such 
 examination. 
 
 (7.) Tu tScliool at 8| a.m., d'c. — All teachers shall be in their 
 resj)octive schools, and open their rooms for the reception of pupils, at 
 leiust fifteen minutes in the morning, and five minutes in the after- 
 noon, before the specified time for beginning school; and during 
 school hours they shall faithfully devote themselves to the duties of 
 their office. 
 
 9.— Duties of Masters or Teachers in regard to School 
 
 Premises. 
 
 (1.) Care of School Property. — Each master [or teacher] shall 
 exercise the strict(;st vigilance over the public school property in his 
 charge: — -the building, outhotises, fences, &c., fimiiture, apparatus, 
 and books, belonging to the school, so that they may receive no 
 injury; and give prompt notice, in writing, to the trustees, or person 
 a])pointe(l by tliem, under section 12, cliapter II., page 10, (if in 
 cities, towns, or villages, to the inspector,) of any repairs which may 
 require to be made to the building, premises, or furniture, &c., and of 
 any furniture or supplies which may be required for the school. 
 
 (2.) Regulations in regard to School Premises, li'c. — The trustees 
 having made such provision relative to the school house and its 
 ap})endages, as required by law (see section 9, chapter II., page 18), 
 it shall be the duty of the master to give strict attention to tlie pro- 
 per ventilation and temj)erature, as well as to the cleanliness of the 
 school house ; he shall also prescribe such rules for the use of the yard 
 and out-btiildings connected with the school house, as will instire their 
 being kept in a neat and proper condition; and he shall be held 
 responsible for any want of cleanliness about the premises. 
 
60 
 
 (3.") School open for Pupils. — Ciiro must bo tiikon to have the 
 Hchuol hoiiHO ready for tlio rectspt'on of pupils at Xwwt Jlftci'ti inii)iit(\H 
 boforo the timo prcscribod for opoiiin^ tho Hcliool, in onlcsr to afford 
 Hholtor to thoHo who may arrive before tho appointed liour. (Sco 
 clause (7), section 7 of this cluipter.) 
 
 (4.) at- Premises.— T\w master [or tcnicJier] shall see that the 
 yards, sheds, privies, and other out-buiKlings, an* kept in older, and 
 that the school-house ajul buildings are locked at all proper tim(!H; 
 and that all deposits of sweepings, from rooms or yards are renioved 
 from the premises. 
 
 (5.) Fires arul SweepiiKj. — Ho shall employ, at a compensation to 
 bo fixed by the trustees, a suital)le ]»ei-son to make lires, to swisep tho 
 rooms and halls daily, and dust the windows, walls, seals, dtisks, and 
 other furniture in the same; lait no niiuster, assistant-tciiclu'r, or 
 pupil shall bo rofpiired to perform sucJi duty, indt.'ss voluntarily, and 
 with suitable compensation. 
 
 10.— Duties of Masters and Teachers in regard to Library, 
 
 Begister, and Heports. 
 
 (1.) Act as Lihrdrian.. — Each master [or teacher] shall act as 
 librarian of the school, and take charge of tlui l)Ooks ; also mak(*, 
 keep, and ])reserve a catalogue of the same; deliver, charge, receiver, 
 and credit the volumes given out ; and keep a register of the same ; 
 number, label, and catalogue the books; and make returns of the 
 library, its books, tkc, ius required by the library regulations. 
 
 (2.) The Library. — lie shall keep tho library ojien for tho distribu- 
 tion (and return) of books] to tho scholars, and ratepayers of tho 
 school division, on Friday afternoon of each wc'ck ; but this duty 
 shall not be permitted to interfere with tlui regulai- > <ercis(^s of tho 
 school. 
 
 (3.) Ceneral Rex/istpr. — -He shall k(^ep a genei-al register of the 
 school (to be furnished by the trustees), in which shall be entered, 
 in each term, the date of the admission of each pupil, his or her 
 name and age, fi'om whence received ; the jiarent's or guardian's 
 name and residence ; tlu! names of each of tlus classes in tho 
 school, together with the names of the pupils in each such classes ; 
 the promotion of pupils from one cl.ass to another ; r(>cord of 
 attendance of the pupil ; date of his leaving the school, ajid cUistina- 
 tion, J)oth as to ])iace and occu])ation ; and su,ch other infoi'mation 
 as shall at all times give a correct idea of tho condition of the school. 
 
 (4.) Jleyister. — Ho shall keep the I'egister (provided by tho Educa- 
 tion Department, and furnished by the ins])ector), which shall 
 remain the property of the trusteijs, in which shall be (Altered the 
 names and daily attendance of pupils, their proficiency in various 
 studies and other information. 
 
(5.) Iietumn.—T\w mttHtciT [or toachor] shuU mako such roturiiH, 
 and at Hiush tiirn^H, as may bo iwinirod by tlm [iniutor] inHpoctor, or 
 tniHtooH, rclatiiii^ to bis class, scliool or (l('|Hirtm»'iit. 
 
 (().) It'rporfji. -H«' sliall make tbo noccssary term, spocial or an- 
 nual n^ports to and witb tho trustoos, to tbo inspector or ('bi(*f 
 SuporintcMukiiit, at mich times and in sucb manner as may bo 
 required. 
 
 11.— Regulations in regard to Siekness, Visiting Schools, 
 Visitors, Presents, Tcachors' Meetings, &o. 
 
 (1.) Ahuetwfi and sickiirnn.^No master oi- t(ia(;li('r shall bo absent 
 from tlm school in which lio or sho may be employed, without per- 
 mission of" the trustees or Tnspeotoi", except in case ot" sickness, in 
 which cas(( the absence of such teacher shall be immediately rejjortcd 
 to th(( trust«H's ; and no dctduction from the salary of a teacher shall 
 be made on account of tenipoi'aiy sicknesK, (not exceedint^ a i-cason- 
 able time for the whole year), as certilicid by a medical man. 
 
 (2.) VisiluKj Sritiwh'. - The i:ispe(!tor may ])crniit a public school 
 mastei', or teacher, to be absent two of the ordinaiy teaching days 
 in each lialfyeai', for tlu^ jturpost; of visitiiiijj and observing the 
 methods of classification, teaching and discipline practised in other 
 schools than that in which he or slu* teaches ; and such visit, with 
 th(( name of tlu^ school or scliools visit(ul, shall be duly reported by 
 such master or teachej- to the inspector. Ivich pvd)lic school niast'er 
 and teacher nnist giv(! at least three days' notice to the trustees. In 
 order that no loss of apj)oi'tionmont may accrue^ to any school iii 
 consef[uenc(! of the master's absence under this regulation, a pro- 
 poi'tionate amoiuit of avcM'age attciulaucci will be civdited to the 
 school for th(! (iuu^ so em])loyed by tlu^ teacher ; but under no 
 circumst uiiv's can lost time be lawfully mad(> up 1)y teaching on any 
 of th(( [)rescribed vacations, holitlays, or half lu)li<lays, nor will .sucli 
 time be allowed by the de[)artment. or be reckoned by the inspector; 
 but such |>ermission sliall not be given by tlie ius[)ector if tlie absence of 
 the tcNicluu' will, in his judgment, be injurious to the interests of the 
 school ;• nor shall this j)ermission be grant(Kl to any master or teacher 
 wlui fails to report, or who has employed the time heretofore given 
 to liim otherwise than in visiting schools, as authorized by this 
 i"ogidation. 
 
 (.'5.) Visitors' Hook. — The master (or teacher) shall keep the 
 visitors' book (which is i-equired by law to be furnished by the 
 tnisteos), in which sliall bo entered the dates of visits and names of 
 visitors, with such remarks as they may choose to make. 
 
 (4.) Visitors. — I'^ach master or trustee .shalf receive courteoiisly the 
 visitors appointenl by law, and afford them e\'ery facility for inspect- 
 ing the books used, ami examine into the state of the school; he shall 
 keep the visitors' book accessible, that the visitors may, if they 
 
62 
 
 chooBO, ent<^r romarks in it. Tl»o froquoncy of viHitfl to tho hcIiooI 
 by iiitolli^ont pn-soiiH uniiiiiituH the pupilH, and greatly aidn tlie 
 faitliful t(MU'Ii(>r. 
 
 (5.) iSul)sa'!j)(!o)i8, Collections, Presentii, d'c. — No colloction hIuiU 
 be taken up, or HiibHcriiitions solioitoil for any piirpoHo, or notice of 
 hIiowh, (tr (^vliil)itionH givon in any )iul»lio hcIiooI, without llio couHent 
 of the tniHtocH ; nor shall tho masters or teachers act as agtMits for 
 books, or hvU stationery, itc, or receive p'-osents (unless presented to 
 thoin on leaving i]w school), nor awaril, without the permission of 
 tho tnistees, medals or other prizes of their own to the pupils under 
 thoii' chai'go. 
 
 (G.) I'eacherH' Afeftini/ii. — All masters and teachers in cities, townsj 
 and villages, shall regularly attend tho teachei-s' meetings, at such 
 times, and under such i-egulations, as the Insi»ector shall <lirect, and 
 by study, recitations, and general exercises, striv(» to systematizo 
 and pei-fect tlio modes of disci[>lino and teaching in the public schools. 
 
 12.— Decisions of the Superior Courts in regard to Teachers. 
 
 (l.) Sr^iiiiii;;iiii apwnient'ioitlt a Teacher is a mere o/>/>r<'K'<il of l/ie appoiiilment. — 
 The Court of (Queen's Hcncli has dccidcil that an inspector sij^nin^;, loj^ether with 
 trustees, a contract witli a tcaciicr, will be considered as having si};iK-d the same 
 only as approving; of the ai>i)ointnient, and not as contract injj; with tlie teacher. — 
 Campbells. EllioU et al. dm iily Miulel School, Muldlescx, 2 <^. \\. K. 167. 
 
 (2. ) Trustees ai:;reeiiii^ to fiiniish a Teacher -unth luiel must he applied to for it. — 
 Tlie Court of (Queen's IJen'-ii lias decided that when a teacher cluu^jed the trustees 
 upon a siiecial aj^reenient slated to have been niailc by them, to furnisli the said 
 teacher witli fuel when re([uired, they could not be cliarjjed with a lireach of 
 covenant, as a request, with time and |)lace, had not been stnteil in the teacher's 
 declaration. — Anderson v. I'ausittart et al., 5 (^. J}. R. 335. (J//,, /v by the Court, 
 whether such an agreement could be enforced ? 
 
 (3.) Trustee cannot he sued for Money due. — The Court of (Queen's I'ench has 
 decided, that taistees refusing; to j^ive an ortler to a teacher for the school fund, 
 according to their agreement with Jiim, cannot be sued for money due, but U>v the 
 refusal to give the order. — Quinn v. Trustees, 4, Seymour. 7 (^. ]{. K. 130. 
 
 (4.) A'c A'ate can he imposed for the payment of an l.'n<iualified Teacher. — The 
 Court of (Queen's IScnch has decided that no rate can legally be imposed by trustees 
 for the salary of an umiualified teacher. — Chief .Superintendent of Education 
 appellant, in re Starh v. Alonta^^ue et al. 14 Q. Jl. K. 473. 
 
 (5.) Trustee ud Teac/ier are not Master aiul Senant. — The Court of Queen's 
 ]?ench has dec ed that the Master and Servant Act, (10 and il Vict., c. 23), does 
 not apply to school trustees and school teachers. Where a school trustee, there- 
 fore, iia<l l)een convicted under it as a master, tlie conviction was (juashed. — In re 
 Laurence Joice, No. — , Pittsburg, convicted by Robert Anglin, J. J'. 19 <\. \\. R. 
 197. 
 
 (6. ) Representation as to the Character of a Teacher by a Ratepayer is a Privileged 
 Communication. — The Court of Queen's Bench has decided that a representation 
 by the assessed inhabitants of a school section as to tlie character of a teacher, 
 made with a view of obtalhing redress, is a privileged communication, which it is 
 of importance to the public to protect ; and such a statement would not be the less 
 privileged if made by mistake to the wrong quarter. Where the libel complained 
 of is clearly a privileged communication, the inference of malice cannot be rai.sed 
 upon the face of the libel itself, as in other cases it might be, but the plaintiff must 
 
03 
 
 give extrinsic evidence of actual express mallei", he must also prove the statement 
 to be false as well as malicious; and llie (icfciidant may still make out a (;oo(l 
 defence by jjrovin^ that he had ^ood ground to believe the statement true, aiul 
 ncte<l honestly under that persuasit>n. <,)it<nr by the C'uuit, whether a communica- 
 tion of this nature, made by an inhabitant of any other part of the Province, would 
 not be |)rivile^ed. — A/</)if/r<; v. Mi lunii d nl. 13 (J. 11. K. 534. 
 
 Niirii. The Assessment Law docs imt cxrnipt scIidoI fcaihcrs cither from the payment of a 
 tax upon their salary, (if over $400 per aniiuim, or from the performance of two days of i>tatuta 
 labour if llie -.alary lie under $400. As to the control of the teacher over the bchool house, ico 
 decision of tlie Court (61, on page -^n. 
 
 CHAPTEH IX. 
 
 RELATION OFINSri-XTORS TO TUHLIC SCHOOL 
 
 TEACHERS. 
 
 [Notf:. — No pidilic school inspector shall, during his incumliency, hold the office of 
 trustee of a hi^li or piiblic school, nor act as licail master of a hiyh school, or 
 master or teaclier of a public school.] 
 
 1.— Power and Duty of an Inspector. 
 
 Tho Scliool Law rcmiiit's ciifli iiisjicctor of public sfliools " To see 
 tliiit all tilt* schools ai-c iiiaiia;,'('(l and coiultictod accordiiif^ to law." It 
 iilso declares that \w "'shall have tliti oversight of all piihlic schools in 
 the townships and villagt\s within tho county or union of counties, 
 or part of tho county or tmion of counties, for which he shall bo 
 ai»pointed, and shall havt; all the powers in each nninici|)ality within 
 his jurisdiction, and be subject to all the obligations conferred or 
 imposed by hiw, according to sucli instructions as may bo givoiii to 
 liiin, from time to time, by tho Chief Superintendent of Education." 
 
 2.— Visitation of Schools. 
 
 Tho county inspector shall visit tn'ery public and separate school 
 under his jurisdiction at hnist once during (uich half year. He shall 
 devotti, on an avenige, lialf-a day to the examination of tho classes 
 and jMipils in each school, and shall n^cord tho result of such extiniina- 
 tion in a book to be kept for that purpose. Ho shall also make 
 en({uiry luul examimitiou in such manner as ho shall thiiik proper, 
 into all matters affecting tho condition and operations of the school, 
 th(! results of which he shall record in a book, tind transmit it, or a 
 copy thereof, annually, on coni])leting his second half-yearly inspec- 
 tion, to the Education Dej)artment; (but he shall not give ar »• 
 pi-evioiis notice to the teacher or tmstees of his visit.) 
 
 3.— Authority of an Inspector in a School. 
 
 The authority of an insjiector in a school, while visiting it, is 
 supreme; the master, teachers, and pupils are subject to his direction; 
 
64 
 
 and he shall examine the classes and pupils, and direct the masters or 
 teachei-s to examine them, or to proceed with the usual exercises of 
 the school, as he may think proper, in order that he may judge of the 
 mode of teaching, management, and discipline in the school, as well aa 
 of the prqgi-ess and attainments of the pupils. 
 
 4.— Procedure in the Visitation of Schools. 
 
 On entering a school, with a view to its inspection, and having 
 courteously introduced himself to the teacher (if a stranger), or, if 
 otherwise, having suitahly addressed him, the insjiector shall: 
 
 (1.) Note in the ins])ector's book, the time of his entrance, and on 
 leaving, the time! of <l('partui'e from the school. 
 
 (2.) See whethin- the bi'..siness gouig on corresponds with that 
 assigned to that piu'ticul u- hour on the tiine-tablo, and genei-ally 
 whether the arrangements which it indicatt^s agree with the prescribed 
 l)rogranime of studies, and are really carried out in I'vactico. If not, 
 he should at once privately notify the teaclua- of tlie omission, and 
 the penalty for neglect to observe the regidations. 
 
 (3.) Examine the register, and other school records, and take notes 
 of the attcndunce of pupils, nunilier of classes in the school at tli„ 
 time of his visit, (tc. 
 
 (4.) Obsci-ve the mode of teaching, the management of the school, 
 and generally its tone i.iid spirit; also, whetlau' tlie beai-ing, manner, 
 and language of tlie tea:!her, his command over the [)U])iIs, and their 
 deportu'ent at the time of his visit art* satisfactory. 
 
 5.— Intercourso with Teachers and Pupils. 
 
 Inspection. — In his iuti'i'coursc^ witli uiastcrs and teachers, and 
 during his A'isit to their schools, the insj)octor should treat them with 
 kindness and resj)ect, couns(;lling them pri /ately on whatever he may 
 deem defective or faulty in their uianner and teaching; but by no 
 means shoidd he address tliem authoritatively, or in a fault-finding 
 spirit in the pi'esence oi- hearing of pupils. 
 
 6.— See to Attendance of Children at School. 
 
 Tlie ins|)ector should see that the provisions in the third section of 
 the school act of 1871, in r(!gard to the right of every child in the 
 nninicipality under his jurisdiction to attend some school, are not 
 allowed to remain a dead letter; but ho should, where necessary, 
 frequently call attention to the subject. 
 
 7.— Teachers Visiting other Schools- 
 County and city inspectors shall have authority to allow teachei's 
 to visit schools, undei Jie restrictions contained in clause (2), section 
 10, of this chapter. 
 
65 
 
 8.— Payments to Teachers' Superannuation Fund. 
 
 Tlie forty -third section of the School Act of 1871, declares that 
 e^ch male toacher holduig ii certificate of qualification, shall pay four 
 dollars annually into the superannuated teachers' fund, and " each 
 inspector of schools is hereby authorized and re^iiired to deduct [two 
 dollars] half-yearly from any payments made by him to any male 
 teacher under liLs jurisdiction, and transmit the same to the L:iaca- 
 tion Department." In doing so, he will have to s{!e that the sum of 
 two dollai-s, ])ayable semi-annually to the sujierannuatod teJichera* 
 fund V)y each male teachei-, is deducted fi-om cadi teachei-'s half yearly 
 salary, whether ])aid dii-ect to the teacher by the trustees, or by theii* 
 order on the ins])ector. 
 
 NoTK.- -Whore Inistcos pay to, nnd a male IcacluM- receives from them, his 
 whole salary, witlunit nccoiintin;^ to the inspector for the half yearly payment to 
 the sii]ierannuation fund, the inspector slioiiid notify the trustees thai until the 
 money is sent to liim no further apportionment will be paid to tlieir school. Tliis 
 woukl effectually prevent the evasion sometimes practised in this matter. [See note 
 to next section.] 
 
 9. Cheques to Teachers payable to Lhcmsolves. 
 
 Any ch(>f|U('s for scliool money due a section, must bt; made pay- 
 »,ble to ilie ((juaUlicnl) teacher oi- his order, and to no other poi-son; and 
 no clKHjue shall bo given to such teacher oxce])t on an order signed by 
 a niiijority of the trustees of tlie school section, and attested by ii 
 lawful corporati^ seal, and then only for the time during which the 
 teacher litis held a legal certificate of qualification, not cancelled, 
 suspeiidcHl, recalled, or e.x])ired. 
 
 Nori;. — In i^ivin;^ cheiiues to male teacher, the half-yearly payment of two 
 dollars to the supcrannualetl teachers' fund must be deducted. In case trustees 
 .should pay male tenchers in full out of the funds of the secli'in, and then give a 
 che(|ue to their ncct teacher, (male or female), for the full r.,..ount ajiportioned 
 to their section, the inspecti)r, beini^ responsible for the money, must deduct the 
 $2 already due, besides taking the remedial steps indicated in the note to the 
 preceding; section. 
 
 10.— Granting Special Certificates. 
 
 The S<;]iool Law autliorizi-s iiis]K!L-tors "to give to iuiy candidate, 
 oil ihw, eramijiatio)!, according to tlie programme authorized for the 
 examination of teachers, a certificate of qualification to teach school 
 within the liiuits of the charge of the inspector, until (but no longer 
 tlitm) the next ensuing meeting of the board of (ixaminers of which 
 Buch ius|»c!ct()r is a member ; but no such certificate shall be given 
 a second time, or bo valid, if given a second time, to i he same person 
 in the same county." 
 
 Note. — In givinc; effect to this provision of the Act, inspectors will observe : 
 
 (1) that they are re(iuired to examine all candidates desiring s])ecial certificates; 
 
 (2) that they are not authorized to grant "permits," or endorse as good any 
 previous cirtificales of the applicant ; (3) that the special certificates given can 
 only have the value of those of the third class, and be valid only "within the limits of 
 the chrrge of the inspector ; (4) that under no circumstances can they give a 
 
66 
 
 special certificate to a teacher who has already previously received one from any 
 (local superintendent or) inspector in the same county ; and (s) that no certificate 
 can be given to a teacher who has been rejected liy the board of examiners, 
 unless by consent of such board, and under the authority of the Education Depart- 
 ment. 
 
 11.— Suspension of Teachers' Certificates. 
 
 When an ins])ector finds it necessary to suspend tlie certificate of 
 a master or teacher. should not do so on the mere rejjort of im- 
 proper conduct, ini 'v or incompetency, Imt he should give the 
 master or teacher duo x. of the charge against him, and afford 
 him a full oppoi'tunity for .ivjfence ; he should also examine carefully 
 into the alleged facts of the case, and, if necessaiy, visit the school and 
 assure nimself pei-sonally of their truth before j)roceeding to suspen- 
 sion. 
 
 Note. — Officers, required by law to exercise their judgments, are not answerable 
 for mistakes in law, or mere errors of judgment, without any fraud or malice. 
 
 12.— Verify Attendance of Pupils. 
 
 The inspector should see tliat the aggregate attendance of each 
 school is correctly added up, and divided by the divisor for the half 
 year,' and that no lost time is made np by teaching on Saturdays, or 
 other holidays, or vacations. (See chapter XI.) Under clause (2) 
 of section 10 of this chapter, teachers may employ certain days in the 
 year in visiting other schools. In order that the school may not 
 lose a corresponding proportion of the school fund, the inspector is 
 authorized to add a jiroportionate amotnit of average attendance for 
 time so employed, or use a smaller divisor. After having examined 
 and tested the con-ectness of the retui-n, the inspector shoukl fyle away 
 and carefully jjreserve it, so that it may be handed over, with other 
 school documents, to his successor, when he retires from oiiice, 
 
 13.— Check against Incorrect Beturns. 
 
 The half-yeai'ly return of the puj^ils' names, and number of days in 
 which they attended during each month, will be a check against false 
 or exaggerated returns ; as the inspector can, in his visit to any 
 school, take tlie return with him, compare it with the school register, 
 and make any further enquiries he may deem necessary. He should, 
 alro, at his visits to the school, take notes in his book of the scliool 
 attendance, <kc. The returns, careftiUy compiled, will furnish 
 materials for the statistical tables in the inspector's repoi't, and will 
 show at what periods of the year the attendance of i)upils at the 
 schools is the largest, and how many attend school during two, four, 
 six, &c., months of the year. 
 
67 
 
 CHAPTER X. 
 
 DUTIES OF PUPILS IN PUBLIC SCHOOLS. 
 
 (L) Cleanliness and Good Conduct. — Pupils miist come to school 
 clean and neat in their persons and clothes. They ninst avoid idle- 
 ness, profanity, falsehood, and deceit, quarrelling and fighting, cruelty 
 to dumb animals ; be kind and courteous to each other, obedient to 
 their instructors, diligent in their studies, and conform to the niles of 
 their school. 
 
 (2.) Tardiness on the i)art of pu])ils shall be considered a violation 
 of the rules of the school, and shall subject the delinquents to such 
 penalty as the nature of the case may require, at the discretion of the 
 master. 
 
 (3.) Leaving before Closinr/. — No pupil shall be allowed to depart 
 before the hour ap])ointcd for closing school, except in case of sick- 
 ness, or some pi-cssing emergency; and then the master or teacher's 
 consent must hrst be ol)tained. 
 
 (4.) Absence. — A pupil absenting himself from school, except on 
 account of sickness, or other urgent reasons, satisfactory to the 
 master, forfeits his standing in the class, and his right to attend the 
 school for the remainiior of the quarter. 
 
 (o.) Excuses. — Any pupil not aj)pearing at the regular hour of 
 commencing any class of the school which he may be attending, 
 without a written excuse from his parent or guardian, may be denied 
 admittance to the school for the day, or half-day, at the discretion of 
 the teacher. 
 
 (G.) Funclual Attendance. — Every pupil, once admitted to school, 
 and duly registered, shall attend it at the commencement of each 
 tenn, and continue in punctual attendance until its close, or until he 
 is r(;gularly withdrawn (by notice to the teachers to that ettect); and 
 no pui)il violating this rule shall be entitled to continue in this school, 
 or be admitted to any other, until such violation is certified by the 
 parents or guardian to have been necessary and unavoidable, which 
 shall be done personally or in writing. 
 
 (7.) School to Attend. — Pupils in cities, towns, and villages shall 
 be required to attend any particular school which may be designated 
 for them by the inspector, with the consent of the trustees. And the 
 inspector alone, under the same authority, shall have the power to 
 make transfers of pupils from one school to another. 
 
 (8.) Absence from Examination. — Any pupil absenting himself 
 from examination, or any portion thereof, without permission of the 
 master, shall not thereafter be admitted to any public school, except 
 
68 
 
 by authority of the inspector, in writing; and tlie namoa of all such 
 absentees shall be repoi'ted by the master immediately to the trustees; 
 and this rule shall bo read to the school just Ixjfore the examination 
 days, at the close of each quarter. 
 
 (9.) Going to and from School. — Pupils shall bo responsible to the 
 master for any misconduct on such school j)romisos, or in going to or 
 returning from school, except wlien accompanied by their jjiin^nts or 
 guardians, or by some person appointed by them. 
 
 (10.) Siipphf of Books. — No pupil shall be allowed to remain in 
 the school unless he is supi)liod with the books and recpiisitcs rocpiired 
 to be used by him in the school ; but in caso of a pupil being in 
 danger of losing the advantages of the school, by reason of his inability 
 to obtain the necessary bwjks or nnpiisites, through the pu\orty of 
 his parents, or guardians, the trustees have power to procure and Hup2)ly 
 such puj)il with the books and requisites needed. 
 
 (11.) Fees Jar Hooks. — The foes for books and stiitioiiory, ttc, as 
 fixed by the trustees in cities and towns, whether monthly or 
 quarterly, shall be ])ayablo in advance; and no jnipil shall have 
 right to enter or continut^ in the school until lie shall have jjaid the 
 appointed fee. 
 
 (12.) Froperti/ Ittjiired. — Any property of the schools that may bo 
 injured or destroyed by pupils, must be made good forthwith by the 
 parent, or guardian, under a penalty of the suspension of the delin- 
 quent pupil. (S(;e clause (4), section (i of this chajiter.) 
 
 (13.) Contayio^is Diseases. — No pupil shall be admitted to, or 
 continue in any of the public schools, who has not been vaccinated, 
 or who is afllicted with, or has been e\-pos<>d to, any contagious 
 disoiise, until all danger of contagion fi"om such pupil, or from the 
 disease or exposure shall have passed away, as certitied in writing liy 
 a medical man. 
 
 (14.) Effects of J'J.rjndsioit—'No pn}»i] shall Ite adniittiMl to any 
 public school who has been expelled from any school, unless l)y the 
 written authority of the insj)ector. [See clause (5) section G of this 
 chapter.] 
 
 (15.) Certificates on Lenniiu/. — Every j)upil entitled thereto shalb^ 
 when he leaves, or removes from, a school, r(;c(uve a certilicate (y- 
 good conduct and standing, in the form prescribed. 
 
I . . 
 
 r 
 
 69 
 
 CHAPTER XI. 
 
 TERMS, HOURS OF DAILY TEACHING, 
 HOLIDAYS AND VACATIONS, 
 
 IN THE I'llll.lC SCHOOLS OF ONTARIO. 
 
 1. Tc.rvis. — Tlioi'o shall bo four t(M'iiis (or (jnarters) in each year, 
 to be dosifjnated the winter, H2)ring, summer and autumn terms. Tlie 
 winter t(irm shall be<^iu on tli<' xcvi-ntli dfiy oj'J(i)in(ir)j, and end on the 
 Wexhipsday next before, Eauter ; the spring term shall begin un the 
 Wednesday after Easter, and close on the J ftcenth day of July; the 
 summer t(M'm shall begin on tlie si.rteenth day of Aiujust, and end on 
 the Friday next before i\\e Jlftreidh day of October ; the autunai term 
 shall begin on the Monda]ifoUomii(j the closc! of tlu^ summer term, and 
 shall Old on the twevty-secoud day of December. Each class in every 
 school shall be open for public (ixamination and insjjection during the 
 last week of eveiy quartei-, and the teacher shall call upon ev(uy pupil 
 in the school, unless excused, to review, or recite, in the course of such 
 examination. 
 
 2. Hoars. — The oxcM'cises of th(5 day shall connnence not later than 
 nine o'clock a.m., and shall not exceed six hours in duration, exclusive 
 of the time allo\v(Ml at noon for recreation, and of not less than 
 ten miiuites' int(M'mission dui'ing each forenoon and each afternoon. 
 
 Nevertheless, a less number of hours of daily teaching may be deter- 
 mined upon in any Public School, at the option of the trustees. A\\ 
 teachers sliall b(( in their respective schools, au<l open the rooms for 
 the reception of pupils, at least iifteen minutes in the morning, and 
 five muiutes in the aft(M-noon, before the sj)ecified time for beginning 
 school ; and din'ing school hours they shall faithfully devote them- 
 selves to the iluties of thi'ir olHce. Care must be taken to have the 
 school-house ready for the reception of pupils at Icwat Jifteen minutes 
 before the time prescribed for opening the school in order to aftbrd 
 shelter to those who may arrive before the appointed hour. 
 
 3. Holidays. — Th(t scliools sliall be taught on all week days during 
 the terni except Saturdays, the anniv«n\saiy of the birth of our 
 Sovei'eigii, Dominion Day, any local municipal holiday, and such 
 day as may lie appointed by tla; (Governor, or other competent 
 authority, for a public fast, thanksgiving, or holiday, throughout the 
 Province. 
 
 (4.) Vacations.— ^havo. sliall b(» three Aacations in each year; the 
 first, or spring vacation, sliall begin on the Wednesday next before 
 Easter, ;ind end on the Wednesday next after it; the second, or 
 
70 
 
 summer vacation, shall begin on the fifteenth day of July and end 
 on the fifteenth day of August, inclusive ; and the third, or Christmas 
 vacation, shall commence on the twenty-second day of December, and 
 end on the sbith of Januaiy. 
 
 5. All Agreemeiits between tnistees, masters and teachei-s shall be 
 subject to the foregoing regulations ; and no master or teacher shall 
 be deprived of any part of his salary on account of observing allowed 
 holidays and vacations, or for occasional sickness, as provided in 
 clause (1) section 10 of chapter IX. Masters and teachers shall be 
 entitled to the holidays or vacations innuediately following the close 
 of their ])eriod of service. 
 
 Note. — No lost time can be lawfully made up by any teacher on any holiday, 
 or during the vacations; and if so made up, it nnist be disallowed by the In- 
 spector. High and jnil)lic schools united are subject to the regulations affecting 
 holidays and vacations in high schools. In order also to enable the Education 
 Department to make an equitalde apportionment to Roman Catholic separate 
 schools in cities, towns and villages where united high and public schools exist, 
 it is required that both the i^ublic and separate schools shall observe the regula- 
 tions affecting holidays and vacations in the high schools. The vacations in 
 high and public schools are the same, except at mid-summer, as above stated. 
 
 CHAPTER XII. 
 
 PROGRAMME FOR EXAMINATION & CLASSIFICATION 
 OF TEACHERS OP THE PUBLIC SCHOOLS. 
 
 1.— Conditions required of Candidates for Certificates of 
 Qualification as Teachers. 
 
 (1.) Third Class. — To l)e eligible for examination for a third class 
 (county) certificate, tlie candidate, if a female, must be IG years of 
 age; if a male, must be 18 years of age; and must furnish satisfactory 
 proof of temperate haliits and good moral chai-acter. 
 
 (2.) Second Class. — Candidates for second class (provincial) certifi- 
 cates must furnish satisfactory proof of temperate habits and good 
 moral character, and of having successfully taught in a school three 
 years, except in the special cases hereinafter mentioned. 
 
 (3.) First Class. — Ca..didates for first class (provincial) certificates 
 must furnish satisfactory proof of temperate habits and good moral 
 character, and of having successfully taught in a school five years, or 
 two years, if dui'ing that period he has held a second class certificate, 
 granted under these regulations. 
 
 2 —Value and duration of Teachers' Certificates. 
 
 (1.) First and Second Class] certificates are valid during good 
 behaviour, and throughout the province of Ontario; and a tii-st class 
 
71 
 
 certificate of the highest gi'ade (A), renclei-s the holdein eligible for 
 tlie otlice of coxinty inspector. 
 
 (2.) Third Class certificates are valid only in the county where 
 given, and for three years, and not renewable, except on the recom- 
 mendation of the county inspector; but a teacher, holding a third 
 class certificate, may be eligible in less than three yeai-s, for examina- 
 tion for a second class certificate, on the si)ecial recommendation of 
 tlie county inspector. 
 
 No'i'E. — (i.) Attendance at the Normal School forFOntaiio, with the required 
 practice in the Model Schools, and jiassing the ref|uisile examination for a first 
 class rertificate, shall he considered eriuivalent to teachinjj five years in a public or 
 private school. So, also, attendance at the Normal Scliool, with tlie required 
 practice in the Model Schools, and passing the requisite examination for a second 
 class certificate, shall be considered ecpiivalent to teaching tliree years in a public 
 or private school. 
 
 (2.) In rcfjard to teachers in French or (lerman settlements, a knowledge of the 
 French or (jerman grammar rcsjiectivcly may be substituted for a knowledge of 
 the Fnglish grammar, anil the certificates to the teachers expressly limited 
 accordingly. 
 
 3.— Minimum Qualifications required for Thi/d Class Cer- 
 tificates of Teachers in the Public Schools. 
 
 (1.) licadirui. — To be able to resid any passage selected from the 
 authorised reading books intelligently, expressively, and with correct 
 pronunciation. 
 
 (2.) SpcUlmj. — To be able to write correctly any passage that may 
 be dictated from the reading books. 
 
 (3.) Eliimolerj'/. — To know the prefixes and affixes (Authorized 
 Sl)elling i5ook, pp. 1.54-160). 
 
 (4.) Grammar. — To lie well acquainted with the elements of Eng- 
 lish grammiir, and to be able to analyze and parse, with application 
 of the rules of syntax, any ordinary sentence (authorized grammars). 
 
 (5.) Composition. — To be able to write an ordinary business letter 
 correctly, as to form, modes of expression, itc. 
 
 (6.) Writing. — ;To be able to write legibly and neatly. 
 
 (7.) CeograpJuj. — To know the definitions (Lovell's General 
 Geography), and to have a good general idea of physical and political 
 geography, as exliiljited on the maps of Canada, America gCjierally, 
 and Europe. 
 
 J/istori/. — To have a knowledge of the outlines of ancient and 
 moilern history (Collier), including the introductory part of the his- 
 tory of (Janada pp. r-33 (Hodgins). 
 
 (D. ) Arithmetic. — To be thoroughly acquainted with the arithmetical 
 tsibles, notation, and numeration, sinqile and compound rules, greatest 
 common measure, and least common multiple, vulgar and decimal 
 fractions and [)roi)ortion, and to know generally the reasons of the 
 j)roccsses enq)loyed; to be able to solve problems in said rules with 
 
72 
 
 accuracy and neatness. To bo able to work, with i-apidity and accni'acy, 
 simple j)robIorns in mental arithmetic (Aiithori/ed Text Book). 
 
 (10.) Education. — To have a knowledge of school organization and 
 the classification of pupils, and the school law, and regulations relating 
 to teachers. 
 
 4.— Minimum Qualifications for Second Class Provincial 
 
 Cortiflcatcs. 
 
 (1.) Reading. — To be able to read intelligently and expressively a 
 passage selected from any English author. 
 
 (2.) Spellimj. — To be able to write correctly a passag(! dictated from 
 any English author. 
 
 (3,) Etifnwhnjjj, — To know the ])r(!fixes, aftixes, and princiiKil L/itin 
 and Greek roots. To be able to analyze (itymologically the Avords of 
 the Reading Books (Authorized Hpelling liook). 
 
 (4.) (jraininar. — To l)e thoroughly ac(iu;iinted with the deihiitions 
 and grammatical forms and i-ules of syntax, and to be able to aujdyze 
 and parse, with application of .said rules, any .sentences in prose or 
 verse (Authorized Text Books). 
 
 (5.) I! onij position. — To be familiar with tlie fonns of letter writing, 
 and to be able to Avrite a prose composition on any .simple sulject, 
 correctly as to expression, spelling, and punctuation. 
 
 ((5.) Wrilimj. — To be :il)le to write h>gil)]y and neatly a good 
 inxuning hand. 
 
 (7.) Caographji. — To have a fair knowledge of [)hysical luid mathe- 
 matical geograpliy. To know the boundarit^s of the continents; 
 relative positions and ea])itals of the counti'ies of the woi-jd, and the 
 positions, &c., of the chief islands, capos, bays, sc^as, gulfs, lak(!s, 
 straits, moinitains, rivers, and river-slopes. To know tlu; forms of 
 governments, the religions, and the natural products and manufactures 
 of the j)rincif)al countries of the woi'ld (Lovell's (reneral (j!cogia])liy). 
 
 (8.) Jllstorij. — To have a good knowledge of general, Knglish, and 
 Oaiiadian histoiy (Collier and Hodgins). 
 
 (9.) Edacalioa. — To be familiar Avitli the general prineiphw of the 
 science of education. To liaA-e a thorough knowhidge of the approved 
 modes of teacliing I'eading, spelling, Avriting, arithmetic, gi-anunar, 
 composition, geogi'aphy, history, and object lessons. To be Avell 
 ac(]uaintod Avith the dillerent metliods of school organization aiul 
 management — including school buildings and arrangements, classifica- 
 tion of pupils, formation of time and limit tables, modes of discipline, 
 «fec., &c. To give evidence of jjractical skill in teaching. 
 
 (10.) School Fmii}. — ^To have a knowledge of the school law, and 
 official regulations relating to trustees and teachers. 
 
7^ 
 
 (11.) MiiHic. — To know the itiiuciples of vociil niiisic. 
 
 (12.) JJrawui;/. — To un(lor.stiiiul tlio jirinciplo.s of linoiir diiiwing. 
 
 (13.) /lixi/c-K' >j)intj.— To untlerHtaiul book-keeping by singb' and 
 double entry. 
 
 (14.) Arifhnietic. — To Ik; tlioronghly fiiiniliar with the anthorized 
 aiitliinetie in theory and |»raetioe, and to be able to work problems 
 in th(! vui'ions ride.s. To .show readiness and accuracy in working 
 )»rol>]enis in uientiil aritlinietic. 
 
 (15.) Mi'iisuration. —To be familiar with the princijjal rules for the 
 menstiration of surfaces. 
 
 (1(5.) Alijchra. — ^To be well acquainted with the sid)ject a.s far as 
 the end of section la;}, page lli'J, of the Authorized Text Book 
 (Sangst(M-). 
 
 (17.) Euclid. — Books I. aiul II., with problems. 
 
 NoTK. — I'"or ft-malo teaclieis, Euclid inay l)e omitted, and tlie chapter on the 
 Kcononiy of the Ilouseliold, pp. 181-18S uf Dr. Ryeist)irs First Lessons in Agri- 
 culture, suhstituted for it. 
 
 18. Natural rhilosopliji. — To be acquainted with properties of 
 mtitter, and with statics, liydrostatics, and pneumatics, as set forth in 
 l»ages 1-100, Saugster's Natural Philosophy, Part I. 
 
 (19.) Chemhtrif. — To understand the elements of chemistry, as 
 taught in the first part of Dr. Kyerson's First Lessons in Agriculture, 
 l)ages 9-70. 
 
 (20.) Botany.— To be familiar with the structure of plants, (fee, 
 and the uses of the several parts (Fii-st Lessons in Agi-iculture). 
 
 (21.) Human Phymolo(fy. — Cutter's First Book on Anatomy, 
 Pliysiology, and Hygiene.* 
 
 5.— Additional for those who desire Special Certificates for 
 Teaching Agriculture under Section Thirteen of the 
 School Act of 1871. 
 
 (1.) Natural History. — General view of animal kingdom — charac- 
 ters of principal cltisses, orders, and genera (Ellis' Natural History). 
 
 (2.) Botany. — Vegetable physiology and anatomy — systematic 
 botany — flowering plants of Canadii — (Gray's "How Plants Grow.") 
 
 (3.) Agricultural Chemistry. — Proximate and ultimate constituents 
 of plants and soils — meclumical and chemical modes of improving 
 soils — rotation of crops, agricultural and domestic economy, &c. (Dr. 
 Ryei'sou's First Lessons in Agriculture). 
 
 * The following little wcirks .ire highly recommended for perusal, both by teachers and pupils, 
 viz. :— "The House I live in." by T. C. Girtin, Surgeon, (Longmans), and "Our Earthly House 
 and its Builder," (Religious Tract Society). 
 
 5 
 
74 
 
 6. Minimum Qualilioations for First-Cluss Froviacial 
 
 Certiflcatoi * 
 
 (1.) /'rii'flti;/. To bf! al>lti to read iiitclliijilily .iiul (>xi>rossivply ii 
 pivsHapfo sdlcctcMl t'roiii any Kiiiflisli author. 
 
 (■J.) S/nf/inif. — To l)c ul>le to write corrcictly a passaj^o (Uctated fnmi 
 any Knfi;li.sli author. 
 
 (3.) Kfipnofoiju. — Ah for H«'contl class teach(M'H. 
 
 (I.) (Imiiiiti'ir. - -To lie thoroii^jhly aci|naint(«l with tlic siilijort, to* 
 contaiucil in the Authorized Tis.vt llook.s. 
 
 (.").) Ciim/itisiflon. -Ah for second chiss teacliers. 
 
 ((>.) Fjii'jiish fjiternfiifn. — To havo a <j[eue.ral lUHjuaiiitain'e with the 
 history of En<,'lish litcsrature (Collier). 
 
 (7.) WritiiKj. — As for second (^lass teachers. 
 
 (8.) (ieaifraplnj. — As for second class tea(;hers, and, in addition, t^o 
 [)Os.sess a sjM'cial knowledge of the i,'ti();(rai>hy of liritish America and 
 the Uuitod States, including' the r<ilative jiositions of the provinces 
 and states, with tluur capitals; to uiiderstind tlie stnw^tiire of tlx- 
 crust of the earth; u.se of the gloUes (Losell's (Jeneral (ieoj^raphy. 
 Keith on the gloltea). 
 
 (U.) ///s/ory. --General, Kn;^lish,aiid Canadian (Collier and Tfod^fins). 
 
 (10.) Edumtloii. — ^As for .second class t(!achers, an<l in addition, to 
 possess a good knowh^lge of the I'h'iu'Uitary princi))leH of mental and 
 moral i)hilosoi)hy, and to be acquainted with the methods of teaching 
 all the branches of the puVilic school course. 
 
 (11.) School fjiiii}. -To be acrpiaintwl with the law and offitaa' 
 regulations relating to trustees, teachers, munici])al couucils, au<l 
 school inspectors. 
 
 (12.) yfuHic. — -To know the principles of vocal mu.sic. 
 (13.) DrawiiKj. — To evincti facility in making jterspective and on!- 
 line sketches of common objects on the blackboard. 
 (14.) liook-keA'phuj. — As for .second-cla.ss teachers. 
 
 (15.) Arithmetic. — -To know the subject as contained in the Authcv 
 rized Arithmetic, in theory anrl practice. To be able to solve problems 
 in arithmetical rules with n(!atness and disjtatch. To be ready and 
 accurate in solving problcMns in mental arithmetic. 
 
 (IG.) Jfensurafion. — To be familiar with rules for mensunition of 
 surfaces and solids. 
 
 (17.) Algebra. — To know the subject as contained in the Authorized 
 Text Book completed. 
 
 (18.) ^Mc-/i(/.— Books I., II., III., IV., definitions of V., and H. 
 YI., with exercises. 
 
 * Candidates for first class certificates are recommended to provide against failure, by al<to 
 presenting themselves for examin.ition fur tliose of the second class. 
 
NoTR. For fi'in.d.' 1 ijliers, l'',ui;Iiil miy he oinitloil, *ii(l (lie cli.ipli-r oil tl>e 
 KcDUomy nf the iloii^ ''idIiI, |)|). 171-1SS of Dr. Rycrson's First I.C'.son' 011 
 Af^riciilluri.', may ln' ^iilis;itiiti'(( fi»r it. 
 
 (I!(.) SatiiTdl I'liiloncpliif. As tor sft;i)ml dius.s toaclicrs; and, in 
 nlditiou, to !».' n('iniiiinfc('(l yIHi (lyiutmicH, liydrodymiiuit's. nnd 
 :u'(Mistic-t, pp. ln!)-l(;7 Suni^'stf'r's Natural PliilDsopliy. Part I. 
 
 (L*(t.) ('Ih'fiilfil I'lufilrn. Ti) liavd a fjood ;^en('ml nc(ptaintuii(!t^ 
 with the .siilijcfts (if licat, lij^lit, and <'|('ctriclty. 
 
 (21.) C/ii'iiiixfrif. A.s for Hoc()n<l-(!lass tcacdicrs; and to he familial' 
 witli til!! dortnilinns. noniMiclatiiri', law.s of ohcniical ooniliination, 
 and to possess a i,'(Mi('ral knowledge of tli" <'li(Mnistvy of the inctalloidH 
 and niftals ( llo'-cot'). 
 
 {'2'2.) IfiiiiKiii I'liifxinlofj!/. -As for .sciMUid class t('a('lHM*s. (Sue noto 
 to (!lau.so (lM) oi" lliis chapter). 
 
 (L'.'i.) iVi(liir<if/Jlsfni'f/. ({('iiei'al view of animal kin^ilom; eliarar- 
 ters til' principal classes, orders, and ji^enera (Kllis' Natural History). 
 
 (21.) /lofitiii/. Vni.(etal)le. pliysioloi^y and anatomy; syHtouiatic 
 hotany ; tlowerini,' plants of Canada ((ri-ay's "|[ow Plants Grow.") 
 
 (2.">.) .\<jrii-i(ft.iii'(il ('hi'/)tlnfri/. - Vvcix'uuiiti' and ultimate constitu- 
 ents of plants and soils; niivhanical and clK^niical modes of impro\ ing 
 soils; rotation of crops, ttc- ttc. (Dr. llyerson's Fii*si Leaaoiis on 
 .\<;riculture). 
 
 CHAPTETl KTTI. 
 
 REGUL.ATIONS IN REGARD TO Till': SUPER- 
 ANNUATION FUND. 
 
 1. Tho r(!;;iilations for the administration of the Superannuated 
 Teachers' Fund, adopted by the (Jouncil of Public Instruction, are us 
 folhnvs : 
 
 (1.) Teachers who beconu! superannuated, or worn out, on or be/ore 
 the 1st day of January, 1854, and who produce the proofs recpiired 
 by law, of charactc^r and services as sucli, may share in this Fund 
 accoi'ding to the number of years they have respectively taught a 
 public school in Ontario, by depositing witli the Chief Superintend- 
 ent of Education the preliminary subscriptions to the fund required 
 by law. 
 
 (2.) Every teacher engaged in teaching st«<;e 1854, in order to be 
 entitled, when he shall have become superaniniated or worn out, to 
 share in this fund, miLst have contributed' to it at the rate of fiv» 
 
76 
 
 «lolIfirH )>or ainiiim for ciich ynir, from the time vlicii lio li(';,'iin in 
 tcacll, ii{) to the liiiit' of his lir.st iinniiiil siiliscript inn of four tloUiirH 
 (iiH n«niirc(l )»y tlic Ktiituto), for nidi Hiil)N<'<niciit y<'!ir diirinj,' wliifli 
 ln! wiiH ('ii;,'in;('<I ill tciu'liiiiji,'. No Hiil»scri|itioiis, cillur for iincitrs or 
 otlicrw Ihc, can Itc rcccivnl from tliosc^ wlio liiivc cciisfd to tcaili, [and 
 ill all eiiHCH tlio annual piiymcut, uiiIohs muilt^ wltliin tli(f year for 
 wliicli it in thu', will Ik; mail(f at the rati! of (ivo dolIarK.] 
 
 (.'J.) No tcaclicr shall l»i' diifiiilo to rcccivo a pension from this 
 fund, who shall not havi ■. > ilisal)lt'd for further ser\ iee whih; 
 
 tf'uehin^ a pultlic school, (. shall not liavo Itocn worn out in the 
 
 work of a pulilii* school teachctr. 
 
 (4.) All applications must lie accompanied with the recpiisite cfv- 
 tificates and pi'oofs, accordiuj^' to the prcscrilied form and iiistructioiiH. 
 No certificate in favour of an applicant should l»e signed liy any 
 t(*a(rlier already admitted as a pensioner on the funds. 
 
 (f).) In caH(! the fund shall at any time not he sutlicient to pay the 
 Hoveral claimants the hi;,diest sum permitted liy law, the income! shall 
 bo (Mpiitahly divided among them, according to their rcspcjctivc^ 
 ])eriods of service. 
 
 (0.) Oonimunications and suhscriptions in connection with this 
 fund, are to V>o sent to the Chief Superintendent of Kdiicatiou. 
 
EDUCATIONAL WORKS. 
 
 We l)ef,' to call the attention of the Trade to the following List oi- Ti:\t 
 liOOKS, of which we are either the Publishers or have Special F.ditions, and which 
 Ik'alers will do well to urncnre from ns ilirco!. 
 
 LAIIN 
 
 Arnold's First and Second Latin Book. 
 
 l!y .Speiicer. $i. 
 Arnold's Latin Prose Composition. Uy 
 
 .Spencer. $i. 
 
 Harkness' Introductory Latin Book. 7'>r. 
 " Latin Reader. Sji:. 
 " First Latin Book. $i. 
 " Introduction to Latin Proso 
 
 Clompo.sition. $i. 
 
 " Latin Grammar. $i. 
 Smith's Smaller Grammar of the Latin 
 
 l..lll?ll.t;;f, 751;. 
 
 OREKK. 
 
 Harkness' First Greek Book. St. 
 Curtius' Smaller Gramm.^r of the ek 
 l.:ingiiaae. 75c. 
 
 .\\CIKNT HISTORY, iic. 
 
 Schmitz' Manual of Ancient History. $[ 
 Pillan's First Steps inClassicalUeography. 
 
 I'UKNCH. 
 
 De Fivas' Introduction to the French 
 
 I.aiigiiage. 50c. 
 
 De Fivas' French Grammar. *■ 3c. 
 Greene's First Lessons in French. C^r. 
 Spier's and Surrenne's French Dictionary. 
 
 (.\iiieri ,;iii eilltioii «ell buiiiut ) $• '.oc. 
 
 .\RrriiMi:Tic, &c. 
 
 Smith and McMurchy'a Elementary Arith- 
 metic, 2-,C. 
 
 Key to do. 7 -,c. 
 
 Smith and McMurchy's Advanced Arith- 
 
 inelic. 50c. 
 Key to Ditto. (I'lep.Tiiiij;). 
 Todhunter's Elements of Algebra, (io> . 
 Todhunter's Elements of Euclid. 7;c. 
 
 MISCF.i.LANKOUS. 
 
 Sullivan's Spelling Book Superseded, .'^v.l 
 
 Kditiuii. 25''- 
 Roscoe's Chemistry, N'cw I'.Jition., 81. 
 First Lessons in Agriculture. Hv Rev. 
 
 Im.I'.imo.s kVKHSoN, l.l,.l)., I). D. Secoiul 
 
 ICdilion. 50c. . 
 First Lessons in Christian Morals, l!y 
 
 KoiiK iON Rvi:ksiin, 1.1,. I)., I). I). 25c. 
 
 Edward's Summary of English History. 
 
 Cutter's First Anatomy. Coc. 
 
 Our Earthly House and its Builder. 6;c. 
 
 Our Bodies, 25c. 
 
 Right Lines in their ilight Places. 230. 
 
 Davidson's Animal Kingdom, jsc 
 
 Tomlinson's Mechanics, 40c. ^ 
 
 Tomlinson's Philosophy, 25c. 
 
 Davidson's Linear Drawing. 50c. 
 
 We also supply all Educational Text liooks used in lli- Universities, Colleges 
 and "ublic .'schools of flie Province, at the lowest rales. Orders received by us 
 will liave prompt attention, and where jiossible i)e despatched the same day. 
 Anything not in our own .Stock we do our best to procure in the city, so that 
 onlcrs -^hall as f.u' as ))r.ictical)Ie be complcit. 
 
 ORDER DEPARTMENT. 
 
 W'e order from England fT'oy Afdil (twice a week), anil receive cases of 
 niiscellaneous orders every Canadian Steamer, so that no delay beyond that ii. 
 Englantl, pickinr^ up and shipping, is incurred. .-.nierican line-, we i.rder d.nly if 
 necessary. 
 
 The great growth of this tlepartmenl of olir business during the List few years, 
 notwithstanding the conrpetiliou that exists, is suftlcieiit |)rpof that we do tht^ 
 business well, and ihat confidence is reposed in us. it shall be uur ulmo-,t 
 eudeaNtlur to merit a contiimance of this. 
 
 COPP, CLARK & CO, 
 
 // !s* ig ^^ing Street East, Toronto.