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PRIZE ] ^^® largest assortment in Canada to select from. Books -Rnnvc f ^^ ^^^ prices, to suit all tastes. Trustees and iSUUivb. J teachers are invited to send for our lists and rates. The Johnston Serie.« of Maps. A full line. MAPS, - " Etc. The Universal fe-.ies. Tlie Bartholomew Series. Globes, Blackboards, Charts, Clock Cabdb^ Compasses, Etc, Etc. -:o:- Examination, Dpawing and Writing Test Paper, SCHOOL FOBMS, REGISTERS. -:o:- Also a Pull Line of Books in General Literature, Teacher's Helps, etc. -:o:- Correspondence Solicited. Quotations Cheerfully Gi7e& ALL ORDERS FILLED WITH DESPATCH. -:o:- W. DBYSDAZE & CO., EDUCATIONAL & GENERAL BOOKSELLERS & STATIONERS, 232 ST. JAMES STREET, MONTREAL. F THE WM. CODE ov PUBLIC INSTRUCTION OF TBI S^o PROVINCE OF QUEBEO^^'6 COMrBISINO THE SCHOOL LAW WITH NOTSS OP NUMBBOUS JUDICIAL DECISIONS THKBaOM AND THE REGULATIONS OF THE PROTESTANT COMMITTEE OF THE COUNCIL OF PUBLIC INSTRUCTION, COMPILED BY PAUL DE Ca^ES BKORBTART OP TBI DEPARTMENT OF PUBLIC INSTRUOTIOM. T.H(ANSLATED BY JOHN AHERN. SECOND EDITION. MONTREAL : WM. DEYSDALK k CO., BOOKSELLERS AND STATIONBRS. 1891. 4i/i Bntored a4joordii»it to Act of Parliament, A. D. 1889. in the office of A© Minister of Agriculture, Ottawa, by Paul de Cazos, Secretary of the Department of Pubiio Instruction, Quebec. ^ It^'i^l THE HERALD COMPANY'S PBINT. TABLE OF CONTENTS. TABLE OF CASES REPORTED. LIST OF ABREVIATIONS PAGES. ... vi X SCHOOL LAVV^. CHAPTER FIRST, INTERPRETATIVE AND DECLARATORY. SECTION T.— Interpretative... i fSECTION IL-Dkxjlaratory ."'.'.'.'.'.ZV. 4 I \.—Qmrum of School Corp'orations. .."*.*.'.'*.'*." 4 « 2.—SrmilaHty 0/ the powers and duties of School Co'rnmi'siivn' ers and Trvste.es a I 'i.—Docfurnmts ifigncd by Superir) tcndmt and Sicretaries ..... 4 < i.— Appointments by the LimlcnarU-Govemor a i b.— Public Notices g j I G.—Teaching of Drawing in Schools *.*.'.!'.'.'.*.'.!*.*..* 7 f 7.-^Scfiool Exhibitions ',**** 3 ^ 8. — Holidays in Schools *. a ' ^ lO.^Account8 to be submitted ioihii^gislaiure!.!^^^^^^^ 9 CHAPTER SECOND. DEPARTMENT OF PtJBLIC INSTRUCTION. if ACTION I.— General Provisions ia j b^criON II.— Si AFP OP THB Department fX 1 1 l'—^PP(nntrnent of Superintendent and other ojSkersZZ'.'.Z 10 < 2.— Power* and duties of Superintendent u M SCHOOL LAW. CHAPTER THIRD. OOUNaL OF PUBLIC INSTRUCTION AND OOBiMITTEES THBREOF-SCHOOL INSPECTORS-SCHOOL VISIT- 0R8-AND BOARDS OF EXAMINERS. SECTION I.— Council of Public Instruotion and* Committbeb I h—ComkQriHtmofthe Council of I^iclmtjy^tion........ 14 i 2 ^Meemgs of the Council and of the' Cofnmitteea thereof. itt I Z.-'Fmers and duties of tlie Coundi and of tJie CommxtUes I 4.— Potwer* of' the" Committees respecting Boards of Exam- iners : •• :;: '. ^ I 6.—Pinoer« of the Committees respecting the cancelling of teachers diplomas, and inquiries into th£ conduct of scli^ol inspectors ; •/•/•••; S I ^.'-Powers of the Committees respecting text-books ^ 8 7.'-Miscellaneous • ^ SECTION II.— School Inspecfors f* SECTION III.— School Visitors ^ SECTION IV.— Boards of Examiners ^ { l,^Compositi(m of Boards of Examiners : o« I 2.— Pou,«er« and duties of Boards of Examiners oZ SECTION v.— Cbntral Board of Examiners - w CHAPTER FOURTH. PUBLIC SCHOOLS. I SECTION I.— Division of the Province into MuNiaPAM- ties and Districts for cchool purposes 37 5 1. — School Munidpolities • jj 3 2.— School Districts - Jj SECTION II.— Dissentient Schools .-. J* SECTION III.— School Commissioners and Trustees - 4» 'i l.^Election of School Commissioners and 2\^tee8... 4» 8 2,— School Corporations and meetings thereof, -•• *>* 8 d,^I>uti€S of School Commissioners and Trustees respecHng management of schools »• ;:••• "^ 8 4,^Dutie8 of School Commissioners and Trustees respecting school property ..••^* V-'" 8 6.— I>ueeHn^ monthly feet .* t 69 1 8.^PoiMTt of School OotnmiitionerB and Tnutees rtgpectin^ tchoolsfor girls. 4 .* k 91 t 9.— Pow«r« and dviieB of School Commissioners and Trutteek remecting the annual census of children 92 SECTION IV.— Tbustkes op Dissentient Schools— Tmoli GENUAL POWERS ANP DVTIEP; 9S SECTION v.— Secrbtary-Tbbasurebs of School Commission- BBS AND Trustees 94 8 l,-— General Provisions 94 { 2,— Examination of the accounts of Secretary-Treasurers by an avditor 102 3 3. — Examination of Secretary'Treasureri? accounts 61/ the Superintendent 104 SECTION VI.— Valuators 109 SECTION VII.— School Taxes and Contributions 113 2 1. — Imposition of school taxes 113 2 2. — Collection of taxes by means of seizure 116 S 3. — Oppositions to seizure 119 'i 4. — Annual statement of taxes due 121 § 5. — Collection at the sams time as Municipal taxes 122 I 6. — New taxes in certain cases 123 I 7. — Collection of taxes from Corporations and Incorporated Companies « ^ 123 S S.^^pedal Taxes 126 I 9.— Voluntary Contributions „ 131 SECTION VIII.— Common School Fund 132 ? 1.— Distribution and Application of Common School Fund... 132 S 2.^Applimtion of Local School JFkind in certain cases 138 SECTION IX.— Prosecutions and Penalties m 139 CHAPTER FIFTH. SupsBioB Education , 144 CHAPTER SIXTH. NORMAL SCHOOLS. SECTION I— Building Fund fob Normal ScH00i£y btCm 147 SECTION II.— Management of Nobmal ^Schooul 148 SECTION III. — Provisions bespecting the JAOQuis-CAsnEB Normal School I5I ivi SCHOOL LAW. CHAPTER SEVENTH. Fabriqub Schcx)ls ••• 153 CHAPTER EIGHTH FcLYTECHNic School of Montreal 1S3 CHAPTER NINTH. ' \ CC7KTY Academies ......M.*«.*«t. 165 CHAPTER TENTH. Libraries in School Munictpalities 158 , CHAPTER ELEVENTH. PENSION FUND OF OFFICERS OF PRIMARY INSTRUC- TION. SECTION I.— Interpretative 159 fc^ECTION II.— Pensions OP officers 160 SECTION III.— Pensions OF widows 162 SECTION IV.— Contributions and stoppages 163 SECTION v.— Payment of pensions 166 SECTION VI.— Valuation of salaries 168 SECnON VII. — Administrative commission 170 SECTION VIH.- Miscellaneous 171 FORMS. No. 1.— Notice for elechon of School Commissioners and Trustees , • 172 No. 2. — Report to Superintendent op election of School Commissioners or Trustees 173 No. 3.— Notice to School Commissionkhs ob Trusters elected 174 No. 4. — Notice, of dissent 174 No. 5.— Notice for spectal MBsnNa op School Commissioners or Trustees » 17S Ho. 6.— Heading for the minutes of frocbedznqs op School Commissioners or Trustees 176 Ho. 7.— Form op sxtbety bond op thb Segbbtaby-Tbeasubeb... 177 TABLE OF CONTEXTS. ▼ No. 8,— Notice OP appointment of Managers 179 No. 9. — Demand for copy of the valuation roll 179 No, 10. — No'" s TO rate-payers for examination of cjollec- tion roll 180 No. 11. — Secretary-Treasurer's notice for tub payment ov taxes 182 No. 12. — Warrant OF distress for arrears 183 No. 13.- Notice of the day and place of sale op goods and effects seized for school taxes 184 No. 14. — Form of teacher's engagement 186 No. 15. — Valuation of salaries .'. 187 No. 16. — Application for transfer of payments under Pen- sion Act of 1856 188 No. 17.— Application for pension 189 No. 18. — Medical certificate .. 190 No. 19. — Request for continuance of contribution while teaojiing in an indlpendent school 191 No. 20. — Appucation for pension by widow 192 INDEX TO THE SCHOOL LAW 193 REGULATIONS OF THE ROMAN CATHOLIC COMMITTEE OF THE COUNCIL OF PUBLIC INSTRUCTION. REGULATIONS OF THE PROTESTANT COMMITTEE OF THE COUNCIL OF PUBLIC INSTRUCTION. VI SCHOOL LAW. TABLE OF CASES REPORTED. Ui i ^dams vs. School Commissioners of Barnston 82 Armstrong ex parte.. 117 Armstrong et al. vs. Pangborn 52 Aaclaire VA Poirier 56, 59, 63 Audette (tal. v^. Duhamel , 65, 141 Audy V8. School Commissioners of Charlesbourg c 87 Bachand vs. Corporation of St. Th^dore of Acton 67 Barette 9S. School Commissioners of St. Colamban 65, 113 Barette vs, School Commissioners of St. Cyprien 69 Basin vs. School Commissioners of St. Anselme 66 B41and vs. L'Heureux ,..., 57 Bernatchez vs. Hamond 56 Bei'trand V.S. Lalonde 6 Bezidres vs. Turcotte 53 Bl.in vs. Corporation of Granby 65, 116, 117, llS Boileaut's. Proulx 51 Bourdages ex parte 146 Brisson t;.5. Lafontaine 71 Brown vs. Corporation of Mor 'real 67 Browne vs. School Commissioners of Laprairie 70 Brunelle vs. Brosseau 61 Brunet vs. Davidson and School Trustees of C6te St. Paul... 66 Bureau t'5. Normand 59 63 CentraJ Vermont R. W. Co. and the Town of St. Johns ' 76 Charest vs^ Veilleux , , , ,.,. 152 Clercs Paroisslaux de St. Viateur vs. Labelle 2 Corporation of the Townsnip of Acton vs. Feltou 139 Bienville m Gillespie e< tir 118 St. Gabriel (Verdun) vs. The Sisters of tiie Congregation of Notre Dame 125 Grantham vs. Couture <-< a? >... 67 Longueuil vs. Longueuil Navigation Co 76 St. Martine vs. Henderson , , 65 Montreal ?;«. Contant 1jl6 Montreal i;.». Seminary of St. Sulpice 125 Quebec vs. Morriu College 79 Sorel t;s. Armstrong 117 Cushing vs. School Trustees ( f Acton Vale 43 Daudelin vs. School Commissioners of St. Jude 140 De.Bellefeuille et al. vs. Corporation of St. Loula of Mile End.. 66 It (I 11 it ti TABLE OF CONTENTS. Vll Pelisle vs. School CommisEfioners of St Jchn (Isle of Orleans) 84 Demeules vs. School Commissioners of St Dominique de Jonqui^re 72 De Yarennes vs. HaI16 c 72 Dolbec vs. Portelance 54 Dorais vs. School Commissioners of Warwick 107 DoB\A[eT et al. vs. Coutu 66, 59 Doy on vs. Corporation of ihe Parish of St. Joseph 66 Drolet V8. School Commissioners of Koxton 118 Duvernay vh. Corporation of St Barth^lemy 67 Gagnon vs. School Commiflsioners of St Janvier 65 Gaudry r«. Marcotte 70 Gauron vs. School Commissioners of St. Louis de Lotbfni^re 72 Green el vir vs. City of Montreal 119 Hogan vs. City of Montreal et al 78 Hogan vs. City of Montreal 114 Iluneau vs. Magnan 52 Jobin vs. School Commissioners of Charlesbourg 87 Lacerte vs. Dufresne 60 Lafricain t?8. Villeneuve , 2 Lalibert^t;^. Euelle 59 Laraway vs. Brimmer 51 Lavoie vs. HamfJin 61 Lawford vs. Eobertson 59 Leclero vs. Corporation of the Parish of St Joachim de la Pointe-Clairo and Valois et al 67 Legaultvs. Paiement. 50 Lemieux vs. Corporation of St Jean Chrysostdme 84 Lizotte vs. Lalancette 52 Loiseau i?a Lacaille 58, 100 Lovejoy vs. Campbell 1 Marquis vs. Couillard , 52 Martel vs. School Commissioners of St. Raymond 84 Matthews vs. City of Montreal , II7 Melangonvs. Sylvestre > 53 M^tras vs. Trudeau et al , 60 Morrierv*. Easconi 51^ 53^ 56 Ouimetvs. Normandin 105, '1O8 Ouimet vs. Verville ' 93 Pacaud vs. Gagn^ [[[ 53 Parent vs. Corporation of the Parish of St Sauveur.....V.'."65* 102 Paris w. Couture , ; 61 Parsons w. Mayor of Sorel ** 73 Patton vs. Corporation of St Andrew of Acton .'..... 113 Viii SCHOOL LAkV. Pelletier t>a. School Commissionerg of Si Philom^ne 100 Pineau v«. School Commissioners of Rimouski i ICC Principal of the Jacques-Cartier Normal School vs. Pelland.. 150 T> J* , ^ . " " I's. Poissant. 150 Kolfe et al. vs. Corporation of the Township of Stoke 110 Roy vs. Coderre and School Commisstoners of St Ours and Meilleur, T.S , 1 Saumure vs. School Commissioners of St. J4r6me!!.."!" !!!.!! 74 Sauv6 w. Boileau 50 59 School Commissioners of Acton vs. Grand Trunk R. Co...... 'll4 " " St Bridget w. Murray 122 ,^ " Chambly w. Hickey 105 ^^ " St Da\id vs. De Varenne 2 " Hochelaga vs. the Abattoir Co. of ^^ Montreal 55 j^ " Hochelaga vs. Hogan et al 140 „ * Hochelaga vs. Hudon e< a; 109 ^^ Iberville t?.». Duquet 73 ^^ " Kamouraska w. Langlais 108 a " Laprairie v.". Brosseau e< a^ 82 „ ;* Ste. Marthe vs. St Pierre et ah 66 „ . St. Norbert vs. Cr^peau... 76, 113, 115 St. Pierre de Sorel vs. School Com- missioners of tbi, town of Wil- „ ,, liam Henry 65 „ ^^ Rimouski vs. Grondin 106 St. Roch Nord vs. Quebec Semin- ^^ ary 78 " St Roch de Qu6bec-Nord vs. \^ Rousseau m „ " Roxton Falls vs. Beauchemin 105 ,j Roxton w. Boston €« aZ 44 t, " Sillery m Gingras 139 ,, Tewkesbury t)5. Corrigan 113 ^ - , ^ Vaudreuil vs. Bastien 69. 105 School Trustees of St Henri vs. Young 43 S^guin vs. School Trustees of Point Fortune .*.*.*.'.!.'*.*.'.*.*.'.*.*!." 76 St George vs. Gadoury ..'..,. 53 Tremblay vs. School Commissioners of St Vaientin.'.*.' .'.*.* .*.*.*.*.'.* 84 Trudelle vs. School Commissioners of Charlesbourg 42 villeneuve vs. Charest gy Walsh vs. School Commissioners of Ting wick !.!!.. .*'" 73 Wilson e< aZ. m City of Montreal 116 vvyiie w. City of Montreal 79 SCHOOL LAW. IX LIST OF ABEEVIATIONS. C C. — Circuit Court. C. Q. B. — Court of Queen's Bench. C. R. — Court of Review. D. C. A. — Decisions of the Court of Appeal. D. S. C. R. — Digest Supreme Court Reports. L. C. J. — Lower Canada Jurist. L. C. R. — Lower Canada Reports. L. N.— Legal News. ' M. C— Magistrates' Court M. C. R. — Montreal Condensed Reports. M. L. R. — Montreal Law Reports. M. L. R. Q. B. — Montreal Law Reports, Queen's Bench. M. L. R. S. C. — Montreal Law Reports, Superior Court Q. L. R. — Quebec Law Reports. R. C. — Revue Critique. R. L. — Revue Legale. R C. C. — Regulations of the Roman Catholic Committee. R de L. et de J. — Revue de Legislation et de Jurisprudence. R. P. C. — Regulations of the Protestant Committee. R S. Q.— Revised Statutes of the Province of Quebea S. C. — Superior Court M til ^lic ac iCo: '*t s tin fei 18 Me —J Mo SCHOOL LAW; CHAPTER FIRST. INTERPRETATIVE AND DECLARATORY. SECTION I. INTERPRETATIVE. 1. In this law the following words, terms and ex- >ressions, wherever found therein, have the sense. Leaning and application assigned to them, respec- bively, by this article : R. S. Q., art. 1860. 1. The terms "schools," "common schools," and " pub- flic schools," designate elementary schools, model schools, {academies and every school under the control of school commissioners or trustees. R. S. Q., art. 1860, § 1 ; 2. The terms "superintendent of education " and j"superintendent,apply tothe superintendent of Public [Instruction. R. S. Q., art. 1860, § 2 ; 3. The term "teacher" or "professor" applies to female teachers and to all persons, whether lay or reli- gious, teaching in virtue of this law.* R. S. Q., art I860, §3; * Teachers are exempt from serving as jurors. Art 2621 , RS.Q. Held .'—That the salary of teachers is exempt from seizure. Roy V8. Coderre and the School Commissioners of St, Ours and — M. C. R., p. 73, 2iid edition, and Lovejoy vs, Campbell, S. CI, Montreal, 18S4, Judge Loranger.— L. N., vol. 7, p. 397. 2 SCHOOL LAW. 4. The terms "religious majority" and "religious minority" mean the Roman Catholic or Pi'otestant majority or minority, as the case may be. R. S. Q.. art. 1860, §4; ^ ^' 5. The term "school municipality " means any terri- tory erected into a municipality for the support of schools under the control ot school commissioners or trustees. R. S. Q., art. 1860, § 5 ; 6. The term "school corporation " means indifferently corporations of commissioners or of trustees. R. S. 6.. art. 1860, §6; ^ 7. The term "rate-payer" means any proprietor, lessee, occupant, inhabitant or other individual who, by reason ot* the taxable property which he owns or occupies in a municipality, is liable for the payment of school taxes. R. S. Q., art 1860, § 7 ; Held .'—That art. 628 of the "Code of Civil Procedure," which declares the salaries of teachers to be exempt from seizure, does not apply to a person employed as a private tutor and who, as such, travels with his pupil. Lafricain vs. Villeneuve. S.C. Montreal, 1881, Judge Johnson.— L. N., vol. 4, p. 54. -He/rf;— That the appellants (an institution incorporated for educational purposes) were legally responsible for the death of respondent s husband ; he having been killed by the burstine of a cannon, which accident was due to the imprudence and incapacity of two pupils of the institution, who fired the cannon on the appellants' grounds and under the surveillance of one of the directors of the institution. Clercs Paroissiaux de St. Viateur ffs. Labelle. C. Q. B., Montreal, 1879.— L. N., vol. 2, p. 83, confirm- ing judgment of S. C, Judge Torrance, 1877.— L. K, vol. 1, p. 63. A ■^^^^••—That an action, taken under the Lessor and Lessee Act (art 887 and following of the Code of Civil Proc.) to eject a teacher, to whom over and above her salary, the privilege of dwelling m the school house had been granted, and who con- bnued to occupy it, against the will of the Commissioners, after ttiejermination of her engagement, could not be maintained for wsixi^ui luriHOiction, tnere being no lease expressed or presumed. T. S^^^ % ^"^ «»• ^^ Varenne, C. C, Quebec. 1878. Judge Caron.— Q. L. R, voL 4, p. 206. ' i "religious : Pi'otestant )e. R. S. Q., QS any terri- support of lissioners or ndifferently js. R. S. Q., proprietor, vidual who, he owns or le payment dure," which seizure, does and who, as neuve, S. C, t. orporated for the death of the bursting rudence and 1 the cannon, ice of one of de St. Viateur . 83, confirm- , vol. 1, p. 63. r and Lessee c.) to eject a privilege of id who con- gioners, after lintained for )r presumed, uebec, 1878, INTERPRETATIVE. ^ g 8. The terms " valuator " and " assessor " mean any person appomted by school commissioners or trustees or .by the Lieutenant-Governor in Council to value the taxable property of the school municipality. R. S. Q., 9. The term "guardian" means: 1. The guardian appointed to a seizure, 2. Any person who has the care or control of one or more children of school age. R S Q., art. 1860, § 9 ; ^ 10. The terms " auditor " and « verifier " mean any person appointed by school commissioners or trustees the supermtendent, or the Lieutenant-Governor in Council to revise or examine the accounts or financial statements of secretary-treasurers. R. S. Q., art. 1860 §10; 11. The term "audit" means the examination or re- vision of the accounts of secretary-treasurers by an auditor or verifier, the production of vouchers in support of such accounts, and the report made by such auditor or verifier. R. S. Q., art. 1860, § 11 ; 12. The terms "school office" or "school duties" mean all offices or duties filled or performed by persons charged with the enforcement of this law. R S O art. 1860, § 12 ; ^'' 13. The term " taxable property " means and in- cludes the real property liable for school taxes. R. S. Q., art. 1860, § 13; 14. The term "absent" means all persons whose domicile is without the limits of the school munici- pahty ; nevertheless, any person, corporation, railway or other company, which has any place of business whatsoever within the municipality, shall be deemed present or domiciled in such municipality ; but such person is not eligible for the position of school com- missioner or trustee. R. S. Q./art. 1860, § 14; I! .1 # SCHOOL LAW. 15. The term "school year" means the twelve zmonths from the first of July of one year to and in- Kjluding the thirtieth of June of the next year. R, S. ^., art. 1860, § 15 ; 16. The term " month " means a calendar month. K. S. Q., art. 1860, § 16. SECTION n. ^ I '' DECLARATORY, § 1. — Quorum of School Corporations, 2. The quorum of any corporation, board or body constituted under this law shall, unless otherwise 'pro- vided, be an absolute majority of all tho members thereof. R. S. Q., art. 1861. 3. The majority of the members present at any meeting regularly held, at which there is a quorum, may validly exercise all the powers of the corporation. U S. Q., art. 1861. § 2. — Si7)iUarity of the powers and duties of School ComTnissioners and Trustees. 4. Any powers given to or any obligation imposed upon school commissioners also apply to trustees of dissentient schools in reference to the schools and school districts under their control. R. S. Q., art. 1802. § 3.^ — Docv/ments signed by Superintendent and Secretaries, 5. All documents, whether originals or copies, signed •or certified bv the superintendent of Public Instruction, a/ z^ shall be primd facie evidence of the truth of what is 4iherein stated. R. S. Q., art. 1863. DECLARATORY. 5 6. All documents, whether originals or copies, signed by a secretary or assistant secretary of the Depart- ment of Public Instruction, shall be authentic, and shall make proof of their contents without it being [necessary to prove the signature. R. S. Q., art. 1864. § 4. — Appointments by the Lieutenant-Governor. T. No failure to elect any officer, or to levy any tax, I shall prevent the execution of any provision of this jlaw, which shall, in any such case, be carried into jeffect by the Lieutenant-Governor, by means of the mperintendent of Public Instruction, and of school commissioners or trustees, valuators, teachers and [other functionaries, authorized to that end by law. R. |S. Q , art. 1865, as amended by 53 Vict., chap. 27, art. 11. 8. In the case of the preceding aj-ticle, commissioners )r trustees may be appointed by the Lieutenant- lovernor, at the instance of the superintendent of Public Instruction. They shall have the right of ap- pointing valuators, teachers, and other officers, all of whom, in their several capacities, shall have respect- 1 ively all the rights, powers and authority, which, under this law, would have been possessed by the persons [who ought to have been elected or to have acted under the like names of office or with similar functions, and [shall have the same duties and be liable to the same penalties. R. S. Q., art. 1866, as amended by 53 Vict., chap. 27, art. 11. J > O. Whenever school commissioners or trustees are appointed by the Lieutenant-Governor, the school commissioners or trustees, previously in office, shall, from the date of such appointment, cease to possess 8,ny power or to act as such ; so also shall all valuators and^other offic3rs appointed by, or acting under them, art. 1867, as amended art. 11. by 53 Vict, chap. 27, 1 91 ! 11 SCHOOL LAW. 10. The Lieutenant-Governor may, at all times, and as often as he deems it necessary to do so, annul the appointment of commissioners or trustees made by him and that of the other officers acting under them, and may appoint other commissioners or trustees in their stead, who shall proceed to appoint officers to perform the duties pertaining to their office, and, during their incumbency in the said office, to do all those things which their predecessors have neglected or refused to do.* R. S. Q., art. 1868, as amended by 53 Vict., chap. 27, art. 11. . § 5. — Public Notices. 11. The publication of a public notice for school purposes is made by posting up a copy of such notice at two different places in the municipality, from time to time indicated by resolution of the school corpora- tion. R. S. Q., art. 1869. 18. In default of localities indicated by the school corporation, the public notice must be posted upon or near the principal door of at least one place of public worship, if any there be, and at some other place of public resort, in such municipality. R. S. Q., art. 1869. 13. In either case, if there is a Roman Catholic church in the municipality, the notice must be posted upon or near the principal door of such church. R. S. Q., art. 1869. 14. The school corporation may also, by resolution, fix one or more localities in the municipality, or in a neighboring city, town or village municipality, if such city, town or village municipality forms part of the * Held.— That the Lieutenant-Governor in Council may annul the appointment of a school commissioner (or trustee) by him made and may appoint another commissioner (or trustee) in his stead. Bertravd vf>. Lalondf, S. C. Terrebonne, 1883, Judge | B^langer. — L. N., voL 6, p. 3(i5. DECLARATORY. I times, and ►, annul the ade by him them, and es in their to perform aring their liose things refused to Vict., chap. for school such notice from time •ol corpora- ' the school 3d upon or e of public er place of J, art. 1869. bU Catholic i be posted irch. R. S. resolution, ty, or in a ity, if such )art of the il may annul istee) by him rnstee) in his 1883, Judge same parish or of the same township, in which any )ublic notice must be read out aloud, in a distinct lanner, on the Sunday next following the day on rhich the same was published, at the close of divine iervice, if such service has been held. The omission to read such notice does not invalidate bhe publication of the notice, but the persons whc |were bound or who undertook to read it thereby incur penalty of not less than two or more than ten loUars. R. S. Q., art. 1870. 15. Every time a notice is ordered to be published In one or more newspapers, such notice must be in- serted in newspapers published at least once a week in the county, if any there be, if not, in newspapers of [the district, or of the neighboring district if no news- )apers are published in the first district. The same rule applies when such notice must ap- )ear in two newspapers published in different lan- fguages. R. S. Q., art. 1871. 10. No notice can be inserted in English and in I French in a newspaper published in one of these lan- [guao-es only. R. S. Q., art. 1872. 17. Every public notice convening any public meet- [ing or for any object whatever, must be given and published seven clear days before the day appointed I for such meeting or other proceeding, except in cases otherwise provided for. R. S. Q., art. 1873. 18. Public notices are applicable to and binding upon proprietors or rate-payers domiciled out of the municipality, in the same manner as they are upon residents, except in cases otherwise provided for. R. S. Q., art. 1874. il § 6. — Teaching of Drawing in Schools, 19 all Drawing shall, as far as possible, be taught in schools. R. S. Q., art. 1876. 1;l ! I'* i'\ I '! !!f| I i 5 SCHOOL LAW. 24#. The Council of Arts and Manufactures, in addi- tion to the regulations which it is authorized to mako by law, shall further make regulations for the estab- lishment of a system of teacTiini( drawing in all its branches, and cause it to be followed in the schools under the control of school commissioners and trustees. The council shall determine the manner and method to be followed in teaching drawing, shall approve the text-books, drawing-l^oks, maps or plans to be used in each school for that purpose, and, as far as possible, make such system uniform. Such regulations shall be submitted to the approval of the Roman Catholic or Protestant Committee o£ the Council of Public Instruction, as the case may be. After they have been approved, the superintendent shall cause them to be published in the Quebec OfKcliil Gazette, and they shall then come into force. R. 8. Q., art. 1876. § 7. — School Exhihitiona, 21. The Lieutenant-Governor in Council may, on the recommendation of the Council of Public Instruc- tion, or on the report of the superiotendent, make, adopt and promulgate regulations for holding, estab- lishing, directing and maintaining school exhibitions, and may appoint one or more commissioners for that purpose, whose duty it s\\^\\ be to obey the instruc- tions given by the Lieu tenant-Go verrrr in Council. Such regulations shall be publishri m ihe Qiu.leo Official Gazette. R. S. Q., art. 1877. § 8. — Holidaya vn Schools. mmr.-.-. KPOihiij \jLa,y io uc;v;xairi;u. wj uu ih iiuiiUciy in every se.bnrv] V Titirtr the control of oommissioners or tmaf^k^Q DECLARATORY. g unless a regulation to the contrary be adopted by the commissioners or trustees and approved by the super- intendent ; but such regulations may, at any time, be repealed by the superintendent, or by the commission- ers or trustees after notice duly given by the latter to the superintenJfint. R. S. Q., art. 1878. 23. The Roman Catholic and Protestant Commit- tee may, with the approval of the Lieutenant-Gover- nor in Council, fix the other holidays in the school* under their respective control. R. S. Q., art. 1878. § 9. — Forma, 24. The forms inserted in this law form part there- of and are sufficient for all cases for which they are •proposed Any other form to tli^ like efi'ect may also e employed. R.S. Q., art. 1879. § 10. — Accounts to he submitted to the Legislatwre, 25. An account of all moneys expended under the authority of this law during each fiscal year shall be laid before both Houses of the Legislature, within the first fifteen days after the opening of the then next session thereof. R. S. Q., art. 1880. I n i :;:fi! in: I 10 SCHOOL LAW. CHAPTER SECOND. DEPARTMENT OF PUBLIC INSTRUCTION. SECTION I. GENERAL PROVISIONS. 20. The Department of Public Instruction forms part of the Civil Service of the Province, and the Lieutenant-Governor in Council designates the officers of the Department who shall be members of the Board of Examiners for the Civil Service. R. S. Q., art. 1881. SECTION II. P.iPlii STAFF OF TH^ DEPARTMENT. § 1.— Appointment of Sicperintendent and other icers. 27. A superintendent of Public Instruction is ap- pointed by the Lieutenant-Governor in Council He has charge of the Department of Public Instruc- tion. He holds his office during pleasure. He gives security in the sum of eight thousand dol- lars m conformity with section fourth of chapter third of title third of the Revised Statutes of the Province of Quebec respecting the security to be ffiven bv public officers. ^ The salary of the superintendent is four thousand liars per annum. 11 S. Q., art. 1882. ^ as. Two secretaries of the Department of Public Instruction may be appointed, as may also all other DEPARTMENT OF PUBLIC INSTRUCTION. 11 if. on forms and the le officers he Board art. 1881. i other m IS ap- 3ii. Instruc- land doi- ter third Province iven by housand officers required for the due administration of the laws respecting public instruction. R. S. Q., art. 1883. 29. The secretaries, as deputy-heads of the Depart- ment, have, under the direction of the superintendent, [the general control of matters connected therewith, ;and exercise the powers and duties assigned to them I by the Lieutenant-Governor in Council. R. S. Q., art. 1884. 30. In the absence of the superintendent, they may [suspend any employee of the Department who refuses or neglects to obey their orders, or whose conduct they [may deeiP blameworthy. They shall report such sus- [pension to the head of the Department. R. S. Q., art. 1884. § 2.-^Pciuers and duties of Superintendent 35. The suporintendcnt possesses all the powers, functions, rigljts and obligations conferred or imposed upon him by the various articles enacted in this law ^an«l the provisions of the Revised Statutes of the [Province of Quebec respecting his office. R. S. Q., art. 32, The superintendent, in the exercise of his func- tions, is bourd to comply with the directions of the Council of Public Instruction, or with those of the Roman Catholic or Protestant Committee, as the case niiiy be. R. S. Q., art. 1886. 33. In case the superintendent is absent from the Province, or in case of continued illness, he may dele- gate to ono of the secretaries of the Department, the powers conferred upon him by law. R. S. Q., art. 1887. the Council of Public Instruction, member of each of the two Committees thereof, visitor-general of all public schools, member of the Council of Arts a,nd 12 SCHOOL LAW. ! m i ll!i i ! Manufactures, and visitor of the schools of arts and Hianufactures. R. S. Q., art. 1888. ^ .Ji ;A^he superintendent, and,— if the superinten- dent delegates the power to them— the secretaries of the Department of Public Instruction and school in- spectors have power to hold inquiries, to summon betore them and admmister oaths to all persons, wit- nessesorpai'ties,inall inquiries or difficulties what- soever which may arise in reference to schools or sdiool-houses, in the same manner and to the same eliect as if such powers had been specially conferred upon them by the Lieutenant-Governor ; the whole in accordance with chapter second of title tliird of the Revised Statutes of the Province of Quebec, respect- ing inquiries concerning public matters, which shall apply to such inquiries and to all those which the superintendent and each of the Committees of the Council of Public Instruction may order. When the investigation is held at the request of one or more rate-payers, the superintendent may require tlic person vvho applies for the same, to deposit an amount sufticient to cover the expenses. R. S. Q, art. 30 statii stitutions, puDlic libraries, and art. literary and scien- titic societies aiid in general respecting all subjects connected with literary and intellectual progress. R. o. V(^., art. J 690. ^7. The superintendent shall draw up, in accord- ance witJi the directions of the Council of Public Instruction or of the Committees thereof, a detailed statement of the sums required for public instructici .,„ ,.,,.^ ocwiic auiauttiiv vo coe uovemuient. K. fc>. Q., art. 1891. S». It iy specially the duty of the superintendent : ^O The superintendent shall compile and publish .istics anci information, respecting? educational in- DEPARTMENT OF PUBLIC INSTRUCTION. 13 £ arts and mperinten- refcaries of school in- 3 summon rsons, wit- ties what- schools or the same conferred e whole in ird of the c, respect- hich shall ivhich the es of the lest of one y require leposit an S. Q., art. d publish bional in- nd scien- l subjects yress. R. Q accord- of Public i detailed structicn, inent. R. 1. To receive from the Provincial Treasurer, in ad- Idition to the amounts appropriated for superior educa- Ition, all sums of money appropriated for public school [purposes, and to distribute the same among the school [commissioners and trustees of the respective munici- [palities, according to law, and in proportion to the population of the same, as ascertained by the then [last census; 2. To prepare and cause to be printed and distri- [buted all necessary forms ; 3. To prepare and cause to be printed recommenda- bions and advice on the management of schools, for the [school commissioners and trustees, and for the secre- barj'-'treasurers and teachers ; 4. To keep correct books and distinct schedules of ill the matters under his superintendence and control* 50 that all requisite information may be clearly and [promptly obtained by the Government, the Legisla- !ture, or the school visitors ; 5. To examine and control the accounts of all per- sons, corporations and associations accountable for any I public moneys appropriated and distributed under the [laws relating to schools, and to report whether the I said moneys are bond fide applied for the purposes for which they were granted ; 6. To lay annually before the three branches of the Legislature a detailed report of the actual state of education in the Province, tables of schools, numbers of children attending them, and other like matters ; 7. To state in his yearly report to the Legislature, what he has done with the amounts voted for educa- tion during the period to which such report relates ; 8. To perform all the duties assigned to him by this law, and further such duties as the Lieutenant-Gover- nor in Council may see fit to assign to hini respecting : n iiii !il I ill Hi ! 14 SCHOOL LAW. IW ' li a. The establishment or encouragement of art, liter- ary or scientific societies ; 6. The establishment of libraries, museums or pic- ture galleries, by such societies, by the Government, or by institutions receiving Government aid ; c. The support of competition-? and examinations, and the distribution of diplomas, medals, or other marks of distinction, for artistic, literary or scientitic labors, ^ (L The establishment of schools for adults, and the instruction of workmen and artisans ; e. All which in general relates to the support and encouragement of arts, letters and science , / The distribution of the Funds placed at ills dis- posal by the Legislature tor each such purpose R S. Q,art. 1 892. i III h;!I ! CHAPTER THIRD COUNCIL OF PUBLIC INSTRUCTION AND COMMITTEES THEREOF. SCHOOL INSPECTORS SCHOOL VISITORS AND BOARDS OF EXAMINERS SECTION F. COUNCIL OP PUBLIC INSTRUCTION AND COMMITTEES THEREOF. § 1. — Composition of the Council of Public Instruc- tion. 39. The Council of Public Instruction is composed of Romam Catholic and Protestant members, as fol- lows : 1. The bishops, ordinaries, or administrators of the COUNCIL AND COMMITTEES. 15 THEREOF. Roman Catholic dioceses and apostolic vicariates, situated either in whole or in part in the Province, who are members ex-oficio ; 2. An equal number of Roman Catholic laymen appointed by the Lieutenant-Governor in Council ; 3. A number o£ Protestant members, equal to the number of Roman Catholic members appointed by the Lieutenant-Governor ir. Council, who are appointed in the same manner. R S Q., art 1893. 40. The Council of Public Instruction is divided into two Committees, the one consisting of the Roman Catholic and the oth?r of the Protestant members thereof R. S Q, art 1894. 41. The superintendent is a member of the Council ot Public Instruction and ex-officio the chairman there- ot In the case of the absence or sickness of the superintendent, the Council shall appoint one of its members present to act as chairman of the meeting. The superintendent is also ex-ojfficio a member of each Committee, but he is entitled to vote only in the Committee to which he, by religion, belongs. R. S. Q., art 1895 42 The members of the Council who are appointed as such hold office during pleasure. * In the discharge of their duties, they are subject to the lawful orders and directions of the Lieutenant- Governor in Council. R. S. Q., art. 1896. 43 The two secretaries of the Department of Pub- lic Instruction are joint secretaries of the Council. They shall enter its proceedings in a book kept for that purpose and shall, as they may be directed, pro- cure all maps, books and stationery, and keep the accounts of the Council. R. S. Q., art. 1897. 44. The expenses attending the acts and proceed- ings of the Council are defrayed and accounted for by the superintendent as part of the contingent expenses i 16 SCHOOL LAW. ili! !i I of the Department of Public Instruction. R. S. art. 1898. § 2.— Meetings of the Council and of the Committees thereof 45. The superintendent shall provide a suitable place for the meetings of the Council. He may call a special meeting of the Council at any time by giving due notice to his colleagues. R. S. Q., art. 1899. 40. The Council fixes its quorum and also a parti- cular quorum for special meetings held in virtue of the provisions respecting the cancelling of teachers' diplomas and inquiries into the conduct of school inspectors. R. S. Q., art. 1900. 4T. Each Committee shall have its sittings or meet- ings separate, and it may Rx the period and number thereof. It shall establish its quorum, settle the mode of pro- <;edure at its meetings, appoint a chairman and secre- tary, and revoke such appointments at pleasure. R S. Q., art. 1901. 48. The chairman of the Council and of each Com- mittee thereof shall have, on all questions in which the votes are 'equal, a second or casting vote. R. S. O art. 1907. ^ ^' 49. It shall be the duty of the secretary of each Committee : 1. To keep a record of its proceedings in a register, and conduct the correspondence of his own particular Committee ; 2. To report to his own Committee all documents coming into his hands or matters within his notice, which lie within the jurisdiction of his particular Committee ; 3. To deposit, among the archives of the Depart- ment of Public Instruction, such record of proceedings, COUNCIL AND COMMITTEES. 17 Sfs or meet- such correspondence and all such documents. R. S. Q., irt. 1902. 50. The members of the Protestant Committee may Lssociate with themselves five persons to assist them In their labors, and the Provincial Association of Pro- lestant teachers may, each year, at their annual meet- ing, elect one of their members to be also an associate lember of the Protestant Committee. Such persons shall not form part of the Council of *ublic Instruction, but shall have, in the Protestant Committee, the same powers as the ordinary members ^f such Committee. R S. Q., art. 1903, as amended by \2 Vict , chap. 23, art. 1. 51. Special meetings of each of such Committees lay be convened by the chairman or by the superin- tendent. Such meetings are held after notice given to each lember of the Committee, at least eight days in ad- vance. R. S. Q., art. 1904. 52. If two or more members of either Committee require, in writing, the superintendent or chairman of their respective Committee, to convene a special meet- ing of such Committee, it shall be the duty of the mperintendent or of the chairman to convene it, in the lanner prescribed by the preceding article. R. S. Q., irt. 1905. 53. The superintendent shall also call a special leeting of the Council of Public Instruction by giving jthe notice above mentioned, when required so to do by [the Lieutenant-Governor in Council or by either Com- littee. R. S. Q., art. 1*906. 54. Each Roman Catholic bishop, vicar apostolic, or [administrator of a Roman Catholic diocese, if unable through illness or absence from the Province to be present at the meetings of the Council, or at those of the Committee of which he forms part, may appoint a delegate to represent him, and such delegate shall have 18 SCHOOL LAW. I '' ililf! all the rights of the person appointing him. U S. Q., art. 1908. 55. The Council and each of the Committees there- of may appomt sub-committees, or may appoint one or two delegates, for the consideration o? all affairs submitted to them ; every such delegate and sub- committee shall make a report of their proceedings to the Council or to the Committee which appointed them. R. S. Q., art. 1909. X ^^ The matters and things which by law belong to the said Council shall be referred to it, in so far f^ they shall specially affect the interests of both Roman Catholic and Protestant education, and in such manner and form as the whole shall from time to time be de- termined by the Lieutenant-Governor in Council on the report of the superintendent of Public Instruction. R. S. Q., art. 1910. 57. Everything within the scope of the functions ot the Council of Public Instruction, which specially concerns the schools and public instruction generally of Roman Catholics, shall be within the exclusive jurisdiction of the Roman Catholic Committee of such Council. In the same manner, everything within the scope of such functions, which specially concerns the schools and public instruction generally of Protestants, shall be within the exclusive jurisdiction of the Pi testant Committee. R. S. Q., art. 1911. § S.— Powers and duties of the Council and of the Committees thereof 58. It shall be the duty of the Council of Public Instruction, or of the Roman Catholic and Protestant Committees respectively, according as the provisions of the preceding articles may require, with the appro- val of the Lieutenant-Governor in Council : COUNCIL AND COMMITTEES. I» •?¥ 1. To fix the time of their meetings and the mode of proceeding ; 2. To make regulations respecting normal schools ; 3. To make, from time to time, regulations for the organization, government and discipline of public schools, and for the classification of schools and teachers ; 4. To select and cause to be published, due regard being had in such selection to schools in which the teaching is in French and to those in which the teach- ing is in English, text-books, maps and globes to be used, to the exclusion of all others, in the elementary- schools, model schools and academies under the con- trol of school commissioners or trustees. This provision shall not extend to the selection of books having reference to religion or morals, which selection shall be made as provided by paragraph 4 of article 224 ; 5. To acquire the copyright of books, maps, pieces of music or other publications, whether originals, copies or compilations, published under their direction for the use of schools in the Province ; 6. To cause to be inserted by the superintendent, in a book to be kepi for that purpose, in such manner ^ and form as they may direct, the names and grades , and classes of all teachers who have received diplomas +>om the boards of examiners, also the names of all teachers who, after having gone through the regular course of instruction in any normal school, have re- ceived diplomas from the superintendent. To ensure compliance with this provision, it shall be the duty of the superintendent to cause to be laid trom time to time, before the Council, the names and c.assiucatiOii of all persons admitted as teachers by the different boards of examiners since their establishment to the date of such statement, and the names of all * n 1 1 ^0 SCHOOL LAW. teachers who have received from him diplomas after going through the proper course of instruction in any normal school. R. S. Q., art. 1912. § 4. — Powers of the Gommitteea respecting Boards oj Examiners, ill !l m' ' 59. The "Roman Catholic or Protestant committee may make regulations foi the government, manage- ment, division or subdivision of boards of examiners of the religious faith of such Committee ; and such regulations shall come into force after having been fianctioned by the Lieutenant-Governor in Council and published in the Quebec Official Gazette. R.S.Q., art. 1918. 60. With the approval of the Lieutenant-Gov- ernor in Council, each of the Commitees of the said Council of Public Instruction may change the time of meeting of boards of examiners, and fix the date at which each of the said boards shall hold its meetings, in such manner as it may deem proper. The superintendent shall cause such alterations to he published in the Quebec Official Gazette. R. S. Q., art. 1914. 5. — Powers of the Committees respecting the cancel- ling of teachers' diplomat, and inquiries into the condvjct of school inspectors, 1. — RESPEOTING THE CANOELLINQ OF TBAGHEBS' DIPLOMAS. Ol. For bad conduct, immorality or intemperance, art. 1931. 81. The form, paper, type, binding and mechan'cal execution of such books shall be determined by tho- superintendent. R. S. Q., art. 1932. H2. In case any abuse arises from a combination of* booksellers to raise the price of text-books, the Roman Catholic or Protestant Committee oC the Council of Public Instruction may fix a maximum price for suclk works. R. S. Q., art. 1933. § 7. — Miscellaneous, 88. An appeal lies by summary petition, signed by the persons interested or by their attorney, from Ihe decisions of the superintendent, to the Council of Public Instruction, or to one of the Committees there- of, whenever the said persons interested liave no re- course before the courts, and the law does not declare the decisions of the superintendent to be final. The Council of Public Instruction and either Com- mittee thereof shall make regulations respecting ap- peals subject to their respective jurisdictions, and establish such fees as they deem expedient to cover the costs of such appeals. Such regulations and tariif shall be published in the Quebec Official Gazette, and shall be obligatory. R» S. Q., art. 1934. 84. In cases where the decision of the superintend- ent refers to a difficulty between Roman Catholics and Protestants, the appeal lies to the Council of Public Instruction ; in the case of a difficulty between per- sons of the same religjious faith, the appeal is withia 26 SCHOOL LAW. the jurisdiction of the Coimnittee of the said Council whicli represents that faith. R. S. Q., art. 1935. 85. Each of the Commifctees of the Council of Pub- he Instruction may receive by donation, legacy, or otherwise by gratuitous title, money or other property, and may dispose of the same in its discretion, for the purposes of education. Each Committee shall, in respect of property so acqun-ed, possess all the powers of a body politic and corporate. R. S. Q., art. 1986. XI ^^ ^^ ^^^ ^^^"^ ^* ^^y Pei'son making a legacy to tlie Council of Public Instruction, without stating the Committee for which he designed the same, the legacy shall belong to the Committee of the faith, to which at the time of his death, the testator belonged. R. S.' V|J., art. ivoi. n ^^i-^^}^^ testator belonged neither to the' Roman Oatholjc faith, nor to the Protestant faith, the leo-acy shall be divided between the tw^o Committees, in° the proportion of the Roman Catholic and Protestant populations of the Province. R. S. Q., art. 1938. ^». The sums of money granted to Roman Catholics or Protestants, for the purposes of public instruction and not expended, shall remain at the credit and dis-' posal of the Committee which had the control thereof R. S. Q., art. 1939. ^». School inspectors, professors, directors and principals of normal schools, the secretaries, and the members of boards of examiners, shall be appointed or removed by the Lieutenant-Governor in Council, on the recommendation of the Roman Catholic or Protestant Committee of the Council of Public In- struction, according as such appointments or removals concern Roman Catholic or ProfAsfnnf finlir.r%ia t? q ., art. 1940. »0. The Roman Catholic or Protestant Committee, SCHOOL INSPECTORS. 27 Council of Pub- gacy, or »roperfcy, for the >erty so itic and 3gacy to ting the e legacy which, R. S. Roman > legacy , in the >testant 8. atholics ruction, ind dis- thereof. rs and nd the pointed Council, lolic or >lic In- movals T? a J.V. KJ, mittee. as the case may be, may cause inquiries to be made into all questions concerning public instruction which come under their respective control R. S. Q., art. 1941. SECTION II. SCHOOL INSPECTORS. 91. The Lieutenant-Governor may, on the recom- mendation of either Committee of the Council of Pub- lic Instruction, appoint, from time to time, and for such period as he deems necessary, in each judicial district of the Province, one or more inspectors of schools therein, whose duty shall be : 1. To examine the school teachers, schools and school-houses under his or their control in each school mimicipality ; 2. To inspect the accounts of the secretary-treasur- ers, and the register of the school commissioners or trustees of every such municipality ; 3. To ascertain whether the provisions of the laws and regulations respecting public instruction are there carried out and obeyed. R. S. Q., art. 1942. 02. Unless otherwise defined or limited by the in- strument appointing him, each such inspector shall have all the powers and authority of the superintend- ent, with reference to such visits and examinations. R. S. Q., art. 1943. 93. No person shall be appointed school inspector unless : 1. He has attained the age of twenty-five years ; 2. He has obtained a diploma for an academy, model school, or elementary school ; 3. He has taught school during at least five years ; 4. He has rl ^continued teaching not more than five years ; 28 SCHOOL LAW. k : 5. He has been examined before the Roman Catho- lic or Protestant Committee of the Council of Public Instruction, as the case may be, or before a sub-com- mittee or examiners appointed by one of said Commit- tees, upon his fitness and ability to fulfill the duties of the office, the whole in accordance wif ^ the regulations which each Committee shall make. The regulations concerning such examination shall be published in the Quebec Official Gazette. R. S. Q., art. 1944. »4 In the performance of his duties each inspector shall comply with the instructions given to him by the superintendent,in accordance with the regulations of the Committee of the Council of Public Instruction of the religious faith to which he belongs. R. S. Q., art. 1945. »5. The secretary-treasurer of each mu acipality and every teacher of a public school therein shall, under a penalty of eight dollars for every refusal or neglect so to do, on being thereunto requested by any such inspector, exhibit to him all the documents, in their charge, belonging to or in any way relating to their respective offices. R. S. Q., art. 1946. »6. Except in the cases mentioi ed in article 117, the inspectors are, for the examination of candidates for teacher's diplomas, ex-ojfficio members of the Board of Examiners of the religious denomination to which they belong, which are established in their respective districts of inspection. 54 Vict., chap. 21, art. 1. (Re- places R. S. Q., art. 1947.) »7. Each inspector shall be paid such sum as the Lieutenant-Governor in Council deems adequate re- muneration for the duties performed by him, but such remunerations shall in no case exceed the rate of twelve hundred dollars per annum. R. S. Q., art. 1948. OS. In all cases in which an inspector is apnointed by the superintendent to make an inspection, inquiry SCHOOL visiToas. 29 or investigation in any municipality, unless such in- spection, inquiry or investigation takes place at the time of the ordinary visit of the inspector to the schools of the municipality, fhe travelling and other expenses and disbursements of the inspector shall be paid by the party whom, upon the report of the said inspector, the superintendent shall name in his judg- ment. E. S. Q , art. 194.0. SECTION III. SCIIOOI VISITORS, 9t^. The public schools established in each munici- pality, whether in town or country, may be visited, by one ol the visitors hereinafter mentioned, as often as they deem it requisite ; but no visitors shall be en- titled to visit a school belonging to inhabitants not of his own religious faith. R. S. Q., art. 1950. lOO. The following persons shall bo school visitors for the whole Province : 1st. Members of the two Committees of the Council of Public Instruction ; 2ndly. Judges of the Supreme Court, of the Court of Queen's Bench, and of the Superior Court, residing in the Province ; 3rdly. Members o£ the Federal Parliament, residing in the Province ; 4thly. Members of the Legislature of Quebec ; Sthly. The Secretaries of the Department of Public Instruction; - 6thly. The Principals and Professors of Normal Schools. 2. The following persons shall be visitors only for the municipality in which they reside : 30 i ! -SCHOOL LAW. Isfc. Roman Catholic Priests and Protestant Umh* ters ; 2naiy. Members of the Council of Arts and Manu- factures ; 3rdly. The Mayor and the Justices of the Peace ; 4thly. The Colonels, Lieutenant-Colonels, Majors and senior Captains of the militia. R. S. Q., art. 1951. 101. The superintendent, as visitor-general of all public schools, may take cognizance of disputes arising between school commission -?%., or trustees and teachers, and give a final decision. , r -\ Q., art. 1952. 102. School inspectors &.IO ex-ojffijio visitors of aca- demies and model schools under the control of school commissioners or trustees in their districts of in- spection ; and it shall be lawful for any inspector to visit the schools within any district of inspection, other than that assigned to him, on receipt of an order from the saperintendent, and to report on such visits, as well as on those made to schools in his own district! R. S. Q., art. 1953. 103. Each visitor shall be entitled : To be present at examinations made by any board of examiners, and to interrogate the candidates who offer themselves for examination, and to give his opinion. To have communication of the regulations and other documents relative to each school, and of all other information concerning it. R. S. Q., art 1954. SECTION IV. BOARDS OP EXAMINERS. ' § 1. — Composition of Boards of Examiners. 104. There shall be, in each of the cities of Quebec BOARDS OF EXAMINERS. 31 and Montreal, a board of examiners, composed of four- teen persons, for the examination of candidates for teachers' diplomas. The Lieutenant-Governor in Council, upon the re- commendation of either Committee of the Council of Public Instruction, as the case may be, shall appoint the members of such boards, one-half of whom shall be Roman Catholics, and one-half Protestants, and they shall form a boar<] of examiners to examine candi- dates for teachers' diplomas, and to deliver or refuse to each, as the case may require, a diploma, after due examination. The said board shall be divided into two divisions, one of which shall be composed of seven Roman Catholics, and the other of seven Protestants. Each of such divisions shall separately perform the duties hereinafter imposed upon it. R. S. Q., art. 1955. 105. The Lieutenant-Governor in Council may es- tablish by proclamation, upon the recommendation of either Committee of the Council of Public Instruction, as the case may be, a board of examiners for the ex- amination of candidates for teachers' diplomas in or for any city, town, county or two or more neighbor- ing counties of the Province, and each board- of ex- aminers thus constituted shall be known as "The Board of Examiners of {add name of locality.)" R. S. Q., art. 1956. 106. The members of the boards of examiners are appointed by the Lieutenant-Governor in Council upon the recommendation of the Roman Catholic or Protest- unt Committee, as the case may be. R. S. Q., art. 1 957. lOT. With the exception of those in the cities of Montreal and Quebec, every board of examiners shall be composed of not less than five or more than ten members. Any board may be organized, (if the Lieu- tenant-Governor in Council, upon the report of either II '^i^;:ii 82 i i SCHOOL LAW. 4 Committee of the Council of Public Instruction, so orders,). in two divisions, Roman Catholic and Protest- ant, in which case each division shall separately per- form the duties devolving on the board. R. S. Q.. art. 195S. ^' 10« All persons desiring to act as teachers under this Jaw or under any special act passed for the en- couragement of education, shall, unless provided with a diploma from one of the normal schools of the Pro- vince undergo an examination before one of the said boards oi examiners and obtain a diploma. R S O art. 1959. ' ^'' 10». School commissioners and trustees, and all persons entrusted with the management of schools, shaJJ employ as teachers such persons only as are pro- vided with diplomas as above mentioned, on pain of losing theirshare of the grants made for the encourge- r/,ent of education. R. S. Q., art. 1959. no. Nevertheless, every priest, minister and ec- clesiastic, and every person forming part of a religious order instituted for educational purposes or beintr a member of a religious community of women, shalfbe exempt from undergoing an examination before any ^ ot the said boards. R. S Q., art 1960. i^^iVil ^^® ^^ards of examiners established as above shall be governed by the provisions of this section and by the regulations adopted under articles 59 and 60. R. S. Q., art. 1961. 113. Boards of examiners established before this law came into force are boards of examiners for the purpose of this law. R. S. Q., art. 1961. § 2.~Poivers and duties of Boards of Examinera, ^ lis. It shall be the duty of each board of exam- mers : BOARDS OF EXAMINERS. 83 1. To meet at ten o'clock in the forenoon, on the twentieth clay iiftev their nomination, (and this enact- nent shall be tor each member of the said board, a sufficient notiiication to that effect,) to choose a presi- dent, vice-president and secretary, except that if the said twentieth day be a Sunday or holiday they shall meet on the day next thereafter not being a Sunday or holiday. 2. To hold examinations at such times and places and in such manner as may be provided by the regula- tions of the Roman Catholic or Protestant Committee, as the case may be, for the guidance of boards of examiners, and after due examination to grant or refuse, as the case may require, diplomas to the candi- dates presenting themselves for examination. 3. To admit to examination no candidate who is not provided with a certificate ot good moral character, <'igned by the curd or mmister of his own religious laith, and by at least three school commissioners or trustees or school visitors of the locality in which he has resided for the previous six months, and with a certificate of his age, which must be at least eighteen years. 4. To require all candidates for a model or elemen- tary school diploma to pay to the secretary of the said board the sum of two dollars, and, for an academy diploma, the sum of three dollars. Out of such sum there shall be paid to the secretary of the board the sum of one dollar for filling up, signing and registering such diploma, and the re- mainder shall be used in paying the expenses of the board of examiners. Such sums shall not be rei»arned to the candidate who has failed to obtain a diploma, but he may pre- sent himself a second time at the next meeting of the board without paying further fees. 3 ^>-., 84 SCHOOL LAW kSU, 5 To deliver to ewjh candidate, deemed worthy, a diploma as a teacher, signed by the president or vice- president and the secretary, sealed with the seal of the board bearing a date and distinctly indicating : a. Ihat the candidate has complied with all the provisions ot paragi-aph 3 of this article ; His age, residence and religious belief • S* mu ?^^^® ^^ ^^^ diploma granted ; ' .a ;.-J. r?"^^u "^^^^^^^^ ^^P^^'^a authorizes the candidate to teach. 6. To classify the candidates in three grades, name- ly : elementary model school, and academy grades. 7. lo enter the names and surname of each candi- date^admitted, as well es the grade to which he be- ^AJlu'^'''''^'''' \b ^^"""^"^ ^^ examination, proof ot the ioUowmg qualifications, namely : a. For teachers of elementary schools, such qualifi- cations as will enable them to teach, with success, reading writing, the elements of grammar, geography and arithmetical far a^ the rule of three, inclusively • 6. 1^ or teachers of model schools, in addition to the toregoing, such qualifications as will enable them to teach grammar, analysis, composition, geography, use of globes, arithmetic in all its branches, the elements ot mensuration, book-keeping and linear drawing • c. J^or teachers of academies (besides the qualifica- tions required for the above mentioned two grades of teachers), all the branches of a classical education in- asmuch as they are intended to prepare their pupils tor the same ; f f ^ And for all grades of teachers, such other qualifica- tions as may be required by the regulations passed from time to time by either Committee of the Council 01 r'U bllC Instruction, as fhft oaaarrya;x7 l^c. ovv^ ^ J by the Lieutenant-Governor in Council. BOARDS OF EXAMINERS. 85 It 9. To keep a correct list of candidates admitted to the right of teaching. 10. To give notice to the superintendent of the admission of each candidate to the right of teaching, within fifteen days after such admission. 11. To keep or cause to be kept a register of their proceedings, signed, for each meeting, by the president or vice-president, and also by the secretary, who shall be obliged to keep the register of the proceedings of the board, to make a list of candidates admitted to teach, to enter in the register the certificates of age and moral character, to prepare, fill up and address the diplomas, and to do all other writing recjuired. 12. To have a particular seal, and to niuke use of the forms of diplomas furnished by the superlntendenU R. S. Q., art. 1962. 114. The Lieutenant-Governor in Council, upon the report of the superintiuident or upon the recommenda- tion of either Committee of the Council of Public Instruction, as the case may be, may, from time to time, modify, as occasion may require, the details of duties imposed on boards of examiners and on the secretaries of such boards. Every modification of such duties so made shall be binding on all parties interested. R. S. Q., art. 1963. 115. The diplomas grantt 1 by a board of examin- ers to teachers are valid only for the grade of schools for which they were granted, and within the limits which the Lieutenant-Governor in Council may pre- scribe upon the recommendation of either Committee, as the case may be. R. S. Q., art. 1964. 116. The Roman Catholic or Protestant Committee, by regulation to be approved by the Lieutenant-Gov- ernor in Council, may, from time to time, provide in oftTirlif.innfl fljo Tnn.v V»ft deemed expedient, for requiring any teacher, holding 36 SCHOOL LAW. any diploma granted by any board of examiners, to submit to examination de novo, by such board, and in default of any such teacher doing so, or in case of failure of such teacher thereupon for any cause to ob- tain a new diploma, the diploma previously granted shall become null and void. R.S.Q., art. 1965. SECTION V. CENTRAL BOART' OF EXAMINERS. ^ W7. The Lieutenant Governor in Council may, upon the recommendation of the Roman Catholic or Protestant Committee, as the case may be, constitute by proclamation a Central Board of Examiners for the examination of candidates for teachers' diplomas. R. S.Q., art. 1966. 118. The Central Board shall alone have the right of issuing diplomas valid for the schools under the control of the Committee upon whose recommendation the said Board was constituted. R.S.Q., art. 1966. 119. The Central Board of Examiners shall be com- posed of five members and a secretary, who shall be appointed by the Lieutenant-Governor in Council, upon the recommendation of the Roman Catholic or Protestant Committee, as the case may be. R. S. Q., art. 1967. 1J80. It shall be the duty of such Board : 1. To prepare the examination questions in the dif- ferent subjects prescribed ; 2. To submit the examination questions to the can- didates at central localities ; 3. To examine the answers given by the candidates, and, after due deliberation, to grant diplomas to the candidates deemed worthy. R.S.Q., art. 1968. lOI JLIiU c^aiiiiuatlUiiB coiiuucteu tiiu r\ X 1 Board shall be held at such time and place and in SCHOOL MUNICIPALITIES. 37 such manner as may be prescribed, from time to time, bv the regulations of the Committee upon whose re- commendation the Central Board was constituted. The fees payable by the candidates shall be used towards defraying the expenses of the Central Board. R.S.Q., art. 1969. CHAPTER FOURTH. PUBLIC SCHOOLS. BBOTION I. DIVISION OP THB PROVINCE INTO MUNICIPALITIES AND DIBTWOM FOR SCHOOL PURPOSES. § 1. — School Municipalities. 1^2. School municipalities are erected at the re- quest of the interested parties, by an order of the Lieutenant-Governor in Council, upon a report made for that purpose by the Superintendent of Public Instruction. ,./,.. j Such erection, as well as the modifications and divisions of municipalities made in virtue of article 123, do not take effect until the first of July following the date of the order-in-council which provide. s there- for. 54 Vict., chap. 21, art. 2. (Replaces R.S.Q., art. 1971). iaS. The Lieutenant-Governor in Council may alter the limits of existing municipalities for school pur- poses, subdivide such municipalities or erect new ones. Such alterations, subdivisions or erections shall only take place fifteen days after notice to that effect, given twice in the Quebec Official Gazette, and after the school corporations affected by the proposed changes have been notified and their observations taken into consideration. ^ x- _ 4. i If such alterations, subdivisions or erections ta^e place, the Lieutenant-Governor in Council may pro- 38 SCHOOL LAW. : 11 vide that the changes so made shall apply to the religious majority only, or to the religious minority only, as the case may require, of the school munici- palities affected by such changes, and public notice thereof shall be given by the superintendent in the Quebec Official Gazette. R.S.Q., art. 1978, as amended by 52 Vict., chap. 24, art. 2, and 53 Vict., chap. 28, art. 1. 124. The notices in the Official Gazette are given by the superintendent, at the expense of the parties applying for such alterations, subdivisions or erections. R.S.Q., art. 1973, as amended by 52 Vict chap. 24, art. 2. 125. There shall be held, in the manner hereinafter provided in each municipality, village, town and city in the Province, one or more public schools for the elementary instruction of youth, under the control of school commissioners, or, in the event of dissentient schools being^ established therein, under the control of trustees. R.S.Q., art. 1970. 126. The inhabitants of any city, town or village municipality, shall, for the purposes of this law, (unless it is otherwise provided by special act) be subject to the jurisdiction of the school commissioners or trustees, elected for the municipality of which the city, town or village forms part. R.S.Q., art. 1972, as amended by 52 Vict., chap. 24, art 1. 127. In the case of an erection of a new munici- pality the rate-payers of the said municipality shall, during the month following the publication of the notice in the Quebec Official Gazette, elect their com- missioners or trustees in the manner prescribed in articles 158 and following ; if not, such school com- missioners and trustees are appointed by the Lieuten- ant-Governor in Council. R.S.Q., art. 1974 128. If, on account of the erection of new munici- palities, the municipality from which they are de- tached ceases to exist, or if a school municipality is abolished and its territory annexed to a neighbor- SCHOOL MUNICIPALITIES. 39 I! I I ing municipality by the annexation or uniting together of two or more municipal corporations, the superin- tendent shall, either personally or by a school in- spector, or any other person specially appointed by him for that purpose, within the three months follow- ing the said abolition and annexation, inquire into the state of the affairs of the old municipality and the re- sources of and claims against the municipality within the limits of which the abolished municipality w^as situated. R. S. Q., art. 1975. 129. The person charged with the said inquiry shall give a notice of at least eight days to the school commissioners, or trustees, as the case may be, of the old municipality and of the new municipality, of the place where and of the day and hour when the ex- amination in question will be proceeded with, so that the said municipalities may be represented thereat. For the purposes of such examination the person charged therewith shall have all the powers conferred ^pon'the superintendent himself by article 35. A report of the said examination shall be made to the superintendent, if the examination was not made by him, and the superintendent, after hearing the representatives of both school municipalities interested, shall upon such examination give his decision, which shall have the effect of an award of arbitrators on all the parties, and shall be final and without appeal. R. S. Q., art. 11^76. 130. Until the superintendent has made his award, the school municipalities interested shall remain in the same state, and the commissioners or trustees shall re- main invested with the same rights and powers, as be- fore the said abolition and annexation as regar^^s tuG management of the schools, but they cannot contract any new debts or obligations, E. S. Q., art. 1977. ill 40 SCHOOL LAW. existence of Ihe rchool mZYf ft T"°"*«°'' °f "'« so declare it in hTs awls Tfi'*^' ^^ ^'»''" expressly out the said award, continue to exTrif thTf ' r^ tion and annexation of its territnrv\!j ** ?'""''• pla«e, and mav lew t^Jl^ "^mtory had never taken of th;]aw mDectlL^r T°'"^'°g t° the prpvisions shall beTo3te y LSKuT' w"h ' *^ ^''f ^^•«-' the right of Ihe n JwTholl ZnilalZ Tr''*^'' '? recover taxes in the new Wrifnl^, 1 ^ V- '^^^^ ""'' K. S. Q., art 1977. territory according to law tbufus Wltxire'^S^' ''^''^'^ «hall so con- out the saip^irii ever^'^ye^rror"^^^^^^ first day of July makp n «!:il/i xV ° ""^ °***<"'« the of all that has Ln done ?n*^l- -^^^ superintendent until the 8uper^tend«„f^l^i '^^ °"* *he award carried o„XP«""tendent declares the award completely inS QSe?4li*M^"''? °f «»<=»• declaration abolishe'^SdSy\rPe«'aJ^l^'''l?*-"^^ ordinary school tw ^'„r,V^^ ^ "* addition to the SCHOOL DISTRICTS. 41 1! whether the new school municipality has or has not a special school law. In all proceedings for the recovery of such special tax an extract from the award, with the certificate of the chairman ot the school municipality interested or of the clerk of the corporation charged with the col- lection, shall be proof of the existence of the tax in question R.S. Q., art 1979. 134 Any school municipality whose territory has been annexed to a neighboring municipality before the twelfth day of July, eighteen hundred and eighty- ciorht, but which continued to exist under a special provision of law to that e^fTect, may notify the super- intendent that it intends to avail itself of the fore- going provisions. After such notification, such school municipality bhali be procfeded with under the foregoing provisions ^ R.SQ,art J980 ^ ^^ ^2^ScJcool DiairicU 135. The school commissioners or trustees shali divide the municipality into school districts, and shall designate them by the numbers one, two, &c., and the limits assigned hy them to each district shall be en- tered in the register of their proceedings. R. S. O.. art. 1981. r o MS. 136 The commissioners and trustees may also, in their discretion, alter the limits of districts already existing and erect new ones, so as to suit the wants of the population and local circumstances * R S O.. art 1981. ^ * Held .'—That the power of abolishing a school district rests in the discretion of the school commissioners by law ; tJ)rtt, there is no appeal to the superintendent of education from any 42 .«' Si"'! SCHOOL LAW. and may. wl.on thev deem it 1 ^^^ *'^'^' '''«*««*' «.ore districts lor tTe same sch^ '!?*' "'»•*<' *^^ ''' tJiem. ^^""^ ^<''»<«'' and again separate ■incoS;ral^%trr,S'3^^^^^ of any control into scboo, disS. '"""''^'^''^i^ under^hel; >vhole of such <5r.ho-^f ^^' *" ^^^c^i case, the .ehool distncf RS Q. arTlTsa'^ *'^" ^"'^^ ^- ' '^"--er/allow children. VsQ.!*art iC'" * '"'*"''' ""'"^'^^ «* l*t,tion That, a ma2«™ ^s^uTonf^ *"" I'^J'"' "^ » «upermtendent annnllina tLrrptnIm, *"'T*-» decision of the tnrt be .lismissed, the suMrm^,rw.>^ f "ppress a school .lis- rrnddl, .. /;.. vA;.",," '^"P'eiideiit's decision h«in.r iir„„„i Judge Sluar.:ZQ:ri;^3: J^,^'-^'*""'^. «• U. yuebecrilsi; '|Wi DISSENTIENT SCHOOLS. 48 SBCnON II. DISSENTIENT SCHOOLS. 141. If, in any municipality, the regulations and arrangements, made by the school commissii»ners for the management of any school, are not agreeable to any number whatever of the proprietors, occupants, tenants or rate-payers professing a religious faith dif- ferent from that of the majority of the inhabitants of such municipality, such proprietors, occupants, tenants, and rate-payers, may signify such dissent, in writing, to the chairman of the commissioners.* (See Form No. 4.) The dissent shall take effect only on the first of July following the date of the service of the notice above mentioned, except in the case of the erection of a new school municipality as provided in article 147. R.S.Q., art. 1985, as amended by 54 Vict., chap. 21, art. 4. 143. Such notice of dissent, which may be in the appended Form No. 4, shall be made and signed in triplicate ; one copy shall be served upon the chairman of the school commissioners, one copy shall be kept in the archives of the trustees, and one copy shall be sent to the superintendent of Public Instruction. R. S. Q., art. 1985. 143. During the month of July following the service of the notice of dissent, the said persons shall elect * Held .•—Thai in a school municipality, there shall not be more than one board of school trustees, and that each of the different sects forming the minority cannot legally demand a school and board of school trustees of its own. Cashing vs. The School Trustees of Acton Vah.—S.C, St. Hyacinths, 1873, Ju^lge Sicotte. L.C.J., vol. 18, p. 21. Held .—That any proprietor of real estate within a school municipality is entitled to declare himself a dissentient, md that, although not a resident of such municipality, he can validly pay his school rates to the Trust aes. School Trustees of St. Henri vs. Young.^C. Sessions of the Peace, 1861, Jikige Ooursol. L. C. R, vol. 13, p. 473. 44 SCHOOL LAW. 11 ii! three school trustep*! in fK^ ^ article 158 and7ol owin ° n^ (^^T.'nl'I"^'^^^^ V by 54 Vict., chap 21 a^' g^®'^' *''*• ^^^^- «« «nended the chairman of the school "l^-''*-"°'''=* thereof to art. 1986. (See arfsif) <=°'""»^'°'»ers. R. S. Q., decU^dS^iff t^rdSSit^^ *^^ -'""^"ty which the majority, the dSfnt 2 27^^ t"*" "^'^^'^ its school affairs. R.S Q art 1QS7 '"^"^gp'nent of 146. Dissentients are' S S. f„ ^"'^' «^?a^ school-mtes which may LTmpose J hWK ^X^^.'' """^ missioners, except for ^the tX ft>r^h« ff ''* ""'"■ year, or for taxes for the bundfno. nf *''u" ?"''^'»<^ previously contracted for or & *°^ school-house previously incurred nro;il^7^^ payment of debts are impos^d~L sif S^«H^^^\*'>** «"«^^ *^«« receipt^of the declar^^SL^I^ Sg'l^^laS ma^ of the schoo comSsL'er witT" *^' *""^'^- the fact thit the rate-payere are d^I^*°^ ?"'"°°' Trastees, and verbal testimony, where¥ i^ erirflTK *''""'• "^^ ^ Fo^ed by DISSENTIENT SCHOOLS. 45 dissentients shall not be liable for any taxes imposed by the school commissioners. During the course of the month of July following the service of the declaration of dissent, the dissentients elect their trustees, in the manner prescribed by article 158 and following. R.S.Q., art. 1988, as amended by 54 Vict., chap. 21, art. 6. 14S. The dissentients in any municipality, who, as such, form a school municipality, may, with the appro- val of the superintendent, upon the demand of both parties, unite with a neighboring school municipality of their religious faith, situated at a short distance from their own, either completely or only for the pur- pose of sending their children to school. 2. In the case of a complete union, the sums collect- ed for school purposes by the dissentients, up to the time of the union, shall be remitted to the school municipality to which they have been annexed, and the territory occupied by them shall form part of such school municipality for all school purposes. 3. If the union is only for the purpose of sending the children of dissentients to the schools of a neigh- boring municipality, the school trustees of such dis- sentients shall continue to collect the school taxes in their territory, but shall be bound to remit, within the time required by law, the amount to the school muni- cipality to which they are so united. 4. Any such union may be made for the nuipber of years that the superintendent may be pleased to fix, and may, with the same approval, be cancelled after twelve months' notice to that effect in the Quebec Official Gazette. R.S.Q., art. 1989. 149. In the cases mentioned in the preceding arti- i/IU, vx±\j vxviKSWWO \Ji. OU^XX \a.Xk}O^XXVXv;XXUO CU-V KJUlt.H.VKjL M\J levy the same rate of taxes in their municipality as that imposed by the school corporation of the munici- pality to which they are so united. R.S.Q., art. 1989. l(,J', 46 lai! V ij M SCHOOL LAW. poses ^p„,vided i„ LilV^^TLt.tg'^' '""" the LieuleSSm" to S,il^.r°°"""'"?' fi DISSENTIENT SCHOOLS. 47 n 2. The rate-payers who were, up to that time, under the control of the said trustees, shall then be subject to all taxes levied by the school commissioners, and shall be Tnrther held to pay to the commissioners a sum equal to their share oi all school taxes levied by the commissioners during all the time for which the said trustees of dissentient schools had neglected to keep their schools in operation. R. S. Q., art. 1991. 152. One year after the time of the publication in the Quebec Official Gazette of the dissolution of such corporation of trustees, any number of proprietors, tenants and occupants, professing the religious faith of the minority in such municipality, may again elect trustees and form a new corporation as provided by article 141 and following. R. S. Q., art. 1992. l5tB. Whenever there is no dissentient school in a municipality, it shall be lawful for any resident head of a family professing the religious faith of the minor- ity in the said municipality, and having children of school age, to declare, in writing, to the chairman of the school commissioners, that he intends to support a school in a neighboring municipality, which school shall not be more than three miles distant from his residence. He shall thenceforth pay, subject to the restrictions above mentioned, his taxes to the commissioners or trustees, as the case may be, by whom such school shall be maintained; but special mention shall be made, in all school returns, of children belonging to a neighboring municipality, and such children shall not be taken into account in apportioning the school grants between the commissioners and trustees. R. S. Q., art. 1993. 154. Whenever the maioritv of the children attend- ing any school in operation on the ninth day of June, one thousand eight htlndred and forty-six, were dis- 48 SCHOOL LAW. hZJaZuZT^ ^yu'"*''^ dissentients, tt schooK di^eSt a,e noYs^Z-*^ H* ^« -^^-ver such itv m!v^?^ ^'T *^i°'»^"g *° *he religious mLr- diL^tfent Z^ t>me become a dissentient, and any orcealw Tl' "* ^A^^ "'^'*"^'^' 'I««l*^« tis intention either^! tl°th!.'' dissentient, subject, however, in art 19^ '''" restrictions of article 146. R. S. Q., 8ioif«"2%r7* ''y*H*'¥'™''» of thecommis- tuheZ^t^V'^^^^^i''^ ^^^ declaration made, in to place the n^rln" '"««*>'>''-f ."^es. shall be suffici;it under ?hecontmlTfr ""^^'P^ ^''^ «*'n.>""*;— . /, - ^". rP'^'lon o' the hcur allnuBH f/^» countin? Vre"ekci;yfaTor''abM ' J^"^ ^^^ §?!«'<»*"« ""««"« is to. deaiand a ^Mr ^J^si^-o Vr^lts ^ «^^^ SCHOOL COMMISSIONERS AND TRUSTEES. 53 Twenty electors present may, however, appeal from his decision, by requiring a poll to be held.* R. S. Q., art. 2002, § 5. 171. The presiding officer, if a poll is opened, must enter or cause to be entered, in a book kept in accord- ance with the conditions hereinafter prescribed, and in the order in which they are given, the votes of the electors, by entering therein the names and qualities of each.! R. S. Q., art. 2002, § 6. 172. Every elector may vote for as many candi- withstanding the protests of the five electors who persist in de- manding a poll, begins anew to count the electors favorable to each candidate, and proclaims one of the cand'uates elected, the election is null.--/S/. George vs. Gadoury, C. C. Jcliette, 1885, Judge Cimon.— L. N., vol. 9 p. 59. //cM;— That as soon as tlie presiding officer has declared the proposed candidates elected, the election is closed, and that electors ariving afterwards, cannot legallv submit the names of other candidates, and the presiding officer cannot legally grant a poll; that the granting of a poll in such a case is illegal, and that any i>erson voting at it without legal qualification shall not, by so doing, incur the fine of twenty dollars decreed by article 316 of the Municipal Code. Mdanqon vs. Sylveslte. C. C. St. Hyacinthe, 1870, Judge Sicotte.— L. C. J., vol. 14, p. 217. *i?f/(?. ---That, when an election has taken place by accla- mation, the presiding officer cannot grant a poll to electors arriv- ing after the proclamation of the elected candidates his been made ; that, if he does so, the holding of this poll being illegal, persons voting at it without legal qualification cannot be fined, as they might be, were the ix)ll legally held. Bezi^res vs. Turcotie. C. C, St Hyacinthe, 1870, Judge Sicotte.—R. L.. vol. 2, p. 129. f Held:— Thai the omission of the quality of the electors in the poll book is not a cause to nullify an election, if no injustice has been done by such omission. Morrier vs. Rasconi. M. C. County Bagot, Judge Lanctot.— R. L., vol. 7, p. 140. Held:— That an election of commissioners (or trustees) is null if the votes have not been entered in the poll book, and if the names and qualities of the electors have not been mentioned. Pacavd vs. Qagni, C. Q. B., Quebec, 1867.— L. C. R. vol. 17, p. 357. ' 54 SCHOOL LAW n £*^ectSrfr '"''?'?' ''??™'^i*^°«« or trustees to t>e elated in the municipality. R. S. Q., art. 2002, S 7. ITS. Any person tendering his vote must take th« Movving oath or affimation, before The p^JdS officer, If required so to do by him, by any eC bf any candidate, or by the rep^esentktive of ^yZndl " I swear (or affirm) that I am qualified to vote at -this election that I am at lea^t tlenty^nryl^S of ••S^hS?m?Sy**''-'^y ^"'^^ ** *- «!-«-' If such elector refuse to take such oath his vota ""i'^^ w^"''' »• S- Q-. art. 2002, § 8 de?sIndYh/5r"" "*' PT'-^'^S^ office/ does not un- aerstand the language spoken by one or more electors l\rl?PP"*"' f" '"*«'P^eter, who, beC actS teke.., before such person presiding, the foUowinf - )2 7}T' ^% ^ 'fT^ ".'** ' ^'" faithfully trans- late the oaths declarations, affirmations, questio^ -me r/r'? 7^'"^ the presiding officer shallreqS " Zl^ 'rs't aT2*|t '''''''"' ■■ ^ '^^•P - in wTi!;n^'^'*iP-''^!-°f ^}f P*^J ^'^ ™««* be numbered * ^7? ¥, *° ®'®''**"^ **'^« *J»e required oath, or refuse k. take the same, or if objeci^on be made toWs vote mention of emih of these facts must be made ' in the poll book, in the following terms: "sworn" _,.*-^'?''-'— That the vote of an elector, reffiatora^ „«„. ....u BiecTOr nas rerused to take the oath requiVeTby'iaw la n,TlI IL SCHOOL COMMISSIONERS AND TRUSTEES. 65 " refused," or " objected to," as the case may be. R. S. Q., art. 2002, § 11. ITT. At the close of the election, but before pro- claiming the candidates elected, the presiding officer must certify, under his signature, on the poll book, the total number of votes entered, from the first to the last entry in the book, and also the total number of votes given for each of the candidates. R. S. Q., art. 2002, § 12. ITS. In case of an equal division of votes in favor of one or more of the candidates, the presiding officer is bound to vote, under a penalty of not less than twenty or more than fifty dollars. R. S. Q., art. 2002, § 13. ITO. At the close of the election, the presiding officer proclaims such of the candidates as have attain- ed the largest number of votes, duly elected school commissioners or trustees. R. S. Q., art. 2002, § 14 180. The election shall commence at ten o'clock in the forenoon, and shall ciose at five o'clock in the afternoon of the same day. R. S. Q., art. 2003. 181. At such meeting the proprietors of real estate paying taxes or monthly fees, qualified to vote, shall elect five school commissioners or three trustees, as the case may be, or the number of commissioners or trustees required to fill the vacancies caused by the retiring of such of the commissioners or trustees as go out of office. All persons so elected, except Roman Catholic anJ Protestant clergymen, are bound to accept the office to which they have been elected. R. S. Q., art. 2004. 1S!3. No person shall vote at any election of school commissioners or trustees in any school municipality, unless he has previously paid all contributions then ri 56 SCHOOL LAW. vote at the elc.tio„Tsch j'clSrer S Z l.ke manner, the individuals of the mStTshalf .'^nf of yoUng a,I the qnalifi^a&'^^^^XTby ti^Vbll^^^ ^J. riiat there s 1.0 canse to nnniVi ^4!!^/ i° "® *" elector. has not paid all his school taxerJf^f ^""^ J^*'' ^^^"^^ who owed.an^ more, or if h^'not pay?^^^^^^^^ that he time IS due to an error on the nart nf^^a^''}^^ prescribed I>o,takr vs. Coutu. C. C. Berthifr 1 8sn *5 V^^^^^f/y-t^^asurer. 11, p. 109. ' ^"'^^er, 1880, Judge Gill.— R. L., voL odi!''^^^^!^:^^ from his preventing fhe ellZTsfrZpa^X^^ *^" "^5^*^^^^' *^"« the right to vote, is not a cau?e of nnliif J ^^^^ *"? acquiring were just reasons for sLh IbsenL &S^ *^ ®^^^*^^^' '^ therl eleS-haf^^^o^nnr^f t^^^^^^ ^F!^ of his_right as an ^— . C^a,Montia^y:ii8i:5;^^^^-g^ 1 ! SCHOOL COMMISSIONERS AND TRUSTEES. sr 186. No school commissioner or trustee shal' be a teacher of any school in his municipality, nor shall he be a contractor for any work for any school corpora- tion of which he is a member. R. S. Q., art., 2007. 187. No school commissioner or trustee shall be re-elected, except with his own consent, during the four years next after his going out of office.* R. S. O.. art. 2008. . 188. The chairman of any general meeting for tho election of school commissioners or trustees shalJ., with- in eight days thereafter, report the proceedings thereof to the superintendent and transmit to him a list of the persons elected thereat, under a penalty of five dollars. He shall also, within the same delay, notify in writing the persons elected of their election. R.S.Q.,art. 2009. (See Forms Nos. 2 and 3.) 180. In case of death, change of domicile, or in case of incapacity, during three consecutive months, by reason of temporary absence, sickness, infirmity or otherwise, school commissionners or trustees are re- placed at a meeting of persons qualified to v-^*^» convened for that purpose by the chairman or tom porary chairman of the said school commissioners oj: trustees, and at which he, or, in his absence, one of the school commissioners or trustees, wlio is able to read and write, named by him, shall preside. R. S. Q., art. 2010, as amended by 52 Vict. lOO. Whenever, on the occurrence of a vacancy in the office of school commissioner or trustee, in the case provided for by the preceding article, the election -4 - '^. * Held :^Th&t a school commissioner (or trustee), whose that his nomination shall be considered null, usVleas his formal consent be given to it BSland vs. VHeurcux, S. C, Si Jolms. 1876, Judge Chagnon.— R. L., vol. 7, p. 232. fo^' f: I I?8 '' 58 r i ] n { 'I ! p SCHOOL LAW. r tton of the superintendLt fi^i ^T ^^^ recommenda- ar^ 9m 1 L ^ J f,°'' °'' ^"ch vacancy.* RSO from such incapa^ci^XrAX'f ^ Thrdfy S^^^^ deposit of such certificate. R. S. Q., TAW ^ '''' and *• tt i'^"*??*»*'°'>«7Hh regard to such elections having authoritv t viX^"*''^' T^' ^y »»y P^^son school! rf tho Z^nTciZr °\''*'^«'-^i«e over the Such contestations are triVfl in „ '^"""• R. S. Q., art. W13 " *" ^"'nmary manner. r^jf?^^' "P°" "*« i»terprrtation of article <\n ^e ih. u- ■ ■ , do J%Jte m!,„?c?p"aU^lfk:^ f-irX!!"'' ''%« '""^ »- SCHOOL COMMISSIONERS AND TRUSTEES. 59 trustee, or illegally holding that office, may be summa- rily prosecuted at the instance of any person interested, or of several collectively interested, before the Supe- rior or Circuit Court in the district in which such election, usurpation or illegal detention of office hfiw taken place, for the purpose of declaring such election or such detention of office illegal, and such seat vacant.* R. S. Q., art. 2014. 194. Any election of school commissioner or trustee may be contested by any candidate or by tive electors, on the ground of violence, corruption, fraud or inca- pacity, or on the ground of the non-observance of essential formalities.f R. S, Q., art. 2015 * Hdd —That a school commissioner (or trustee) elected m an illegal manner may resign his office before being prosecuted, and that the office made vacant by his resignation iiay be filled l)y the Lieutenant-Governor m Council. Mhberti vs, RueUe, C. Q.B, 1876. Jidd -—That an election of school commissioners (or trustees) which took place under circumstances which misled the voters, and prevented them from exercising their ri^^ht to vote is null Snuviva. Bojkav. C. Q B., Montreal, 1882.— L. C. J., vol. 27 p. 359] Hdd .-—That a candidate, or his agent, who pays the taxes due by certain electors for the purpose of enabling such eieciors to vote in favor of such candidate, is guilty of a corrupt act, sufficient to nullify such votes and such election. Dostaler el al tv. CofuUu, G. C, Berthier, 1880. Judge Gill.— R. L., vol. U, p. 109, and Audam vs. Poiner.— L. C. J., vol. 28, p. 231. ti/«fe?;— That in contesting the election of several commis- sioners or trustees, eyen when the grounds, upon which the election of each is contested, are different, one and the same petition in the name of at least five electors and one security for costs are sufficient. Lawford vs, Robertson, 0. G, Sherbrooke, 1872, Judge Ramsay.-R. C, vol. 2, p. 235. Held. -^That irregularities, (by presiding officers), which do not interfere in any manner with the right and the exercise of the right to vote are causes of nullity only when the law so declares ; and that any omission, which does not prejudice the free exentiflA nf t.ViA riorhf. tn vnfA Arma n/%f intrali^ol-o <*•. AlAy..4.3^~ Bureau vs. Normand, & a Thwd Rivers, 1878, Judge Sicotte.— K.L. vol. 6, pi4ai i?f1 m 8CH0C)L LAW. „iil .. yi li ■ f ■• -' III i 11 105. The examination and decision of such eon testation .s vested in the Circuit Court of the district ■ ^"u^Iu"'' '" *•»" magistrate's court of the countv m which the municipality is situated \^\h2\^ •^' of all other courts..^ R a Q art^i^ § 1.' "'""' lOe Such contestation is brought before the court Is^ P„1 :*'"? '•" ^'"''' *"« ^«' fortl^ the facL and rea- >ons alleged ,n support of the contestatioi^ ^e petitioners inay also, in their petition, inSckte the '^.Th ""°.^'''" * "^^' *« '^' office in qSS and Such petition is presented in open court fno-^fl^o,. r'aSri a*"" °*''^ P-l'-nary'l^rvTc:? W^^ l»7 A copy of the petition with a notice statin^ *•>« court next S lowing the day when the contested election was held. fif» „^®!i^'^''' ■^.*'*« «'««t''on was held within the hfteen days preceding such first term, t!^ petition iSe^lt\t f^ri'?''^,^*^? ^'jS'i-.of 'ol-ool com. SCHOOL COMMISSIONERS AND TRUSTEES. 61 may be presented on -ttie first day of the second term * R. S. Q., art. 2015, § 5. lOO. The petitioners must give security for the costs at least ten days before the petition is presented to the court ; otherwise such petition cannot be re- ceived. R. S. Q., art. 2015, § 6. 200. The security required by the foregoing article is put in before the clerk of the court. The sureties must be holders of real estate to the value of two hundred dollars, over and above any in- cumbrances there may be on such property. One surety suffices, provided he is an owner of real estate to the required value. R. S. Q., art. 2015, § 7. Held.'—l, That an election or nomination of school com- missioner or trustee must be contested by a direct action, and that it cannot be incidentally attacked by a petition in nullity of a resolution in which he concurred ; 2. That the jurisdiction given, by art 348 of the Municipal Code, to the Circuit Court and the Magistrate's Court over the contestations of elections of councillors by electors and appointments of mayors by councils, is exclusive only in cases of violence, bribery, fraud incapacity or non-observance of essential formalities, and not in any other case, and specially not in any of the cases created by art. 1016 and followmg of the Code of Procedure. Paris vs. Couture. C. R., Quebec, 1883.— Q. L. R., vol. 10, p. 1. Held .—That, to be allowed to contest the election of a school commissioner or trustee, the petition must be presented before the close of the term next following the day when the contested election was held, if more than fifteen days are to elapse be- tween the date of such election and the close of the term. Lavoie vs, Hamelin, C, C, Montreal, 1882, Judge Papineau.— L. N., vol. 5, p. 94. Held:— That in the district of Montreal, according to the provisions of 46 Vict., oh. 26, ss. 1 and 2, there are no more terms of the Circuit Court, and consequently a petition (to con- test a municipal election), which according to art 351 of the Municipal Code, should be presented during the term of the be received after the expiration of this delay. Brunette vs. Brosseau, a C, Montreal, Judge Doherty.— L. N., vol. 8, p. 99. )./ .ild. 62 SCHOOL LAW. 201. If, after having heard the parties, the court is of opinion that the grounds set forth in the petition are sufficient in law to have the election declared null it orders proof to be adduced and the parties interested to be heard on the day in term it deems the most convenient. R. S. Q., art. 2015, § 9. 202. The court proceeds in a summary manner to near and deci/^^ >'ud contestation. The evidence may be taken orally or in writincr in whole or in part, as the court shall order. R. S^ Q.i ^?^L ^H^ ^^^^^ ^y ^^^ judgment may confirm or annul the election, or declaie another person to have been duly elected. R. S. Q., art. 2015, § 11. ^^*- ^^^® ^^"^* ^^y condemn either party to pay the costs of the contestation ; and such costs are taxed and are recoverable as well against the parties to the suit as their sureties. R. S. Q., art. 2015, § 12. 205 The judgment of the court, in so far as re- gards the costs, is executory against the sureties, fifteen days after a copy thereof has been served upon them. R. S. Q., art. 2015, § 12. f "*• 206. The court may order that its judgment be served at the expense of the party against whom the judgment has been rendered, upon any person it may deem proper. R. S. Q., art. 2015, § 13. 207. If the trial of the contestation is not con- cluded at the close of the term of the court during which the petition was presented, the sitting judge must continue it without interruption during the vacation, adjourning from day to day until he delivers his final judgment upon the merits of the contestation, R. S. Q., art. 2015, § 14. I' ^^f\l^ *^t ^^"^^ ^y ^^ judgment annuls the elec- tion or the school commission Ars nv fi^nafn^o ^« ««„ one of them, without stating who should fill such SCHOOL COMMISSIONERS AND TRUSTEEa 63 offices, the court must in the same judgment order a new election to replace the school commissioners or trustees whose elections are so annulled, name for that purpose a person to preside at such election, and fix the day ana hour upon which a meeting of the electors is to be held. Such day must not be sooner than fifteen nor later than twenty days from the date of the judgment* R.S.Q., art. 2015, §15. SOO. Such election must be announced by public notice, by the chairman of the school commissioners or trustees, or, if there be none in office or if the chairman is the school commissioner or trustee whose election has been annulled, by the secretary-treasurer. If there be neither a chairman nor a secretary-treas- urer in office, the notice is given by the senior justice of the peace, or in his default by any other justice of the peace residing in the municipality, and in their default by three proprietors of real estate, as soon as a copy of the judgment has been served upon them. R.S.Q, art. 2015, § 16. 210. The omission to give such notice prevents a meeting of the electors from being held, and renders the persons, whose duty it is to give it, subject to a penalty of not less than five er more than twenty dollars. R S. Q., art. 2015, § 16. *ireZrf.*-— That according to ar^ 361 of the Munici al Code (art. 208 of this Code), a new el ^^tion shall be ordered when acts of corruption are proved. Audaire vs. Poirier. C. C, Water- loo, 1882.--L. C. J., vol. 28, p. 231. Held : — ^That when the law does not declare that if one of the cand lates is not qualified and, for that reason, incapable of exercising the office, the other candidate although he has not the majority of the votes shall be declared elected, the judge can- Tif>f /-lonloya if. QinA in that ftftSft & TiftW ©IftCtioTl ITlllF'-t takfl 'olaOfii Bureau vs. Normand. 8. C., Three Biyers, 1873, Judge Sicotte. — B. L., vt)l. 5, p. 40. 64 SCHOOL LAW. 1^ ili Ml. The school commissioners and trustees elecfep.l governor, shall remain m office for three vears • Pvnor^^ that after the first election or nomination^ of a b3 of commissioners or trustees, two in the case of oom^L toners, and one in the case 'of trustees, dermnTdTv" tw; -^f fr'""' *''•"? ''^''' ** *»>« «°'l of the fi^^t year two of the remaining commissioners, or one of tho threnn/Thf "■ 't™'"^'^ •» *•>« same manner 'a ine end ot the second year, and the remainino- mm missioned or trustee at (he end of the tTe h rf X" The chairman shall be liable, in common with the other school commissioners, to go out of office if it h! so determined by lot R S O «rf oait , by 53 Vict., cha^ 27, art 11 ^' *' ^^^^' '^ ^"'''"^'^ shili* K. ^om'nissioners and trustees going out of offico S deftirPr""* ^^ '1^'="°'' «* * ^«»«ral meet ng or LieutnitlGove^of Ts o' aTt^^^* "^^ *'^« by 53 Vict., chap 27?art IL ^- ''*• ^°'^' ^ ^"•""'^^'^ »ia. For the municipalities in which no election r.t school commissioners or*trustees has uLn pTace wHh unon M""' prescribed, the Lieutenant-Governor may S *Jl'-«?o'»™endation of the superintendent Ap- point commissioners or trustees. R. S O art 2m fi as amended by 53 Vict., chap. 27, art. 11.^" ^^' § 2.~School Corporations and Meetings thereof. - mSpSv sftfr"""''"'^"!?"*"'* *™«*««« >n each r^ "w r-^ •^''- * ''o'-po'-ation under the name of Jintietuntiss of ^ *^ --«^2"'/ ^ .^ "Si: lfr«/-% m several count{) """" „„., ^^.r*">Ye perpetual succession, and a common — , ii wey uunk proper to have one. ; " SCHOOL COMMISSIONERS AND TRUSTEES. 65 rjTnm rk-n They may sue and be sued, and shall generally have the same powers which any other body politic and corporate has, with re^^ard to the purposes for which it is constituted .♦ R. S. Q., art. 2019. *Held:— That when a corporate body pleads that the name, as given in the writ served upon it, is not its true name, it should proceed by an exception to the form and not by a plea to the merits. The Corporation of i^chool Commimoners of Uochelaga vs. The Abattoir Company of Montnal 1887.— R. L.. vol. 15. p. 196. Htid .-—That an error in the description of a corporation does not vitiate proceedings taken by such corporation. Parent vs. The Coi-poration of St. iSameur. C. C, Quebec, 1873, Judge Mere- dith.— Q. L. R., vol. 2, p. 258. Hdd:— Thai an action, brought by a corporation styling itself the " Corporation of Ste. Martine "" instead of the " Corpor- ation of the Parish of Ste. Martine," be dismissed on an excep- tion to the form. Tli£ Corporation of Ste. Martine vs. Henderson, C.G., Chateauguay, 1873, Judge Dunkin.— R. L., vol. 4, p. 568. Hdd ;— On an exception to the form, that the service of a writ of summons, made at the domicile of the secretary-treasurer of a school board was null— it being proved that tne defendants, Siiid school ])oard, did not have their office at said domicile. The School Commissioners of St. Pierre de Sorel vs. The School Com- vmsiomrs of the Town of William Henry. S. C, Montreal, 1855, Jud;;e Mondelet.— L. C. J., vol., vol. 3, p. 189. Hihl .-—That school commissioners or trustees, being a corpo- ration, liave a corporate title which they should use in all legal proceedings taken by them. Oagnon vs. T/ie School Commission- t/-.s of Si. Janvier. C. 0., Ste. Scholastique, 1873, Judge Johnson. — R. L., vol. 5, p. 474 ; and Bareiie vs. The School Commissioners of St. Cohmhan. C. C, Ste. Scholastique, 1875, Judge Johnson — R. L., vol. 7, p. 185. Hdd .—That the members of a school board, who are in good faitl), cannot be held personally responsible for the decisions of such board, even when such decisions are infractions of articles (of the law) which declare that persons contravening them in- cur a fine. Avdette dit Lapointe ei al vs. DuJiamcl S. C, Sorel, 1869, Judge Loranger.— R. L., vol. 1, p. 52. Hdd .-—That a corporation is not an oflScer or a person pos- sessing public functions in the sense of art. 22 of the Code of Montreal, 1873.-R. L., vol 5, p. 180. 66 ,4'' Is'. ' . ',■ ers of its council, for malversation malice, and bad faith is not by an action in simple warranty' but by an action for damages. Leclerc vs. The Corporation of the parish of St. Joachim de la Pointe-Claire et Valois et at C. C Montreal, 1862, Judge Monk.-L. C. J., vol. 7, p. 83. ' ^e/c^.'—That an action for libel may be brought against a corporation. That, by art. 356 of the Civil Code, a body politic IS regulated by the Civil Code in its relations with the dtizens individually. Brown vs. The Corporation of Montreal, S. C, Mon- treal 1871, Judge Beaudry.- L. C. J., vol. 17, p. 46 and R. C., vol. J-j p. 475. • ^*^^i^i~'^¥! ^" advocate acting for a municipal corporation is not bound to produce the resolution of the council which uuthonzes him. /)Mwma,2/ m Tlu Corporation of St. Barthilemy, L. y. B., 1»68.— R. L., vol. 1, p. 714. ^ *?^fi''~'^^^lu^. board of schoo? commissioners or trustees cannot dismiss their president from his office, and appoint an- other m his place, before the expiration of the year for which he was appointed Villeneuve vs. Charest. C. Q. B.. Quebec 1881 — Decisions of the C. of Appeal, vol. 1, p. 235 ' 68 SCHOOL LAW. I ';',T ill J! on any day of the same week. R. S. Q.. art. 2020, § 3. 217. If it be the first meeting of the school com- nussioners or trustees in the municipality, it shall be presided over by one of their number until a chairman js appointed. R. S. Q., art. 2020, § 4. S18. In case of the absence, whether permanent or temporary, of the chairman, the assembled school com- missioners or trustees shall name one of themselves as chairman for the time being, who shall then be vested with the same powers and privileges as the ordinary chairman. R. S. Q., art. 2021. 210. The chairman of the school commissioners or trustees may call meetings by a notice signed by the secretary-treasurer, by order and in the name of the chairman, which shall be given at least two days before that time fixed for such meetings. R S Q art. 2022, as amended by 53 Vict., chap. 27, art. 2. (See Form ]}^o. 5.) 220. Two commissioners or one trustee may, by written notice, require the chairman to call ^ meeting, and he shall thereupon be obliged to call such meeting under penalty of a fine of ten dollars, and such fine shall belong to the school corporation of the commis- sioners or trustees, as the case may be. R. S. Q., art. 821. The meetings of the commissioners or trustees are not public ; but the commissioners or trustees, as the case may be, may admit such persons as may desire io be present on business. R. S. Q., art. 2024. 222. The place where the meetings of the school .commissioners or trustees shall be held may, upon re- solution to that effect by the commissioners or trustees, .approved by the superintendent, be fixed either in the i SCHOOI. COMMISSIONERS AND TRUSTEES. 69 n oners or ;om mis- school municipality or in a city, town or villao-e near- est to^such municipality. R. S. Q., art. 2024. '^ 223. At the meetings of school commissioners or trustees all questions shall be decided by the majority of votes. When the votes upon any question are equal, the chairman may give his vote, and in no other case shall the chairman vote.* R. S. Q., art. 2025. § 8. — Duties of School Commissioners and Trustees respecting management of schools. 224. It is the duty of school commissioners and trustees : 1. To appoint and engage, by resolution of the school corporation and by written contract, teachers duly qualified to teach in the schools under their con- trol ; (See Form No. 14.) 2. To cancel, after mature deliberation at a meetino- called for the purpose, the engagements of teachers on account of incapacity, neglecting faithfully to perform their duties, insubordination, misconduct or im- morality ; f r, Held :^Th^\ sQ\iOo\ commissioners or trustees are bound by the acts of their predecessors in office. The School Commis- mners of St. Michel de \amlreuil vs. Bastien. S. C, Montreal. 1859. Judge Smith.— L. C. J., vol. 4, j). 123. f Held:— That a teacher, who has been illegally dismissed and who has declared his readiness to fulfill his oblic-ations may instead of taking an action for damages, demand the in- Btalraents of bis salary as they become due. That the suit taken by the teacher to enforce payment of the first instalment prevents prescription from running with respect to instalments due subsequent to such action, if the right to the entire salary was contested in the first action, and admitted in principle by the Court. Barette w. 2%e School Commissionei's of 9i^^r^^' ^' ^•' ^lontreal, 1880.— La Themis, vol. 4, p. 49. ^ JItid .'—That the power granted to school commissioners and trustees to remove teachers for misconduct or incapacity, dooa 70 SCHOOL LAW. ill., 3. lo provide that the course of study authorized by the Roman Catholic or Protestant Committee, as the case may be, shall be followed in each school ; 4. To require that no other books be used in the schools under their control than those authorized by the Council of Public Instruction or either of the Committees thereof ; The cure or priest administering a Roman Catholic church shall, however, have the exclusive right of selecting the books having reference to relioion and morals for the use of pupils of his religious faith. The Protestant Committee shall have similar powers respecting Protestant pupils. 5. To establish general rules for the management of their schools, and to communicate them in writino- to the teachers under their control ; ^ 6. To fix the time of the annual public examination, and to attend the same ; 7. To name two or more from among themselves to visit each school under their control at least once in six months, anJ vo report to the corporation of which they are members the state of the school and whether their regulations are strictly observed, also the pro- gress of the scholars, the character and capacity of the teachers, and every other matter relating to the man- agement of the schools ; 8. To comply, as regards the accounts and register to be kept by the secretary-treasurer, with all instruc- tions, whether special or general, from time to time given them by the superintendent ; not relieve them from hability to damages if such removal take glace Hithout sufficient cause. Browne vs. Tlie School Commis- f«.w' '^fJ^Vrairu. C. K., Montreal. 1856.~L. C. J., vol. 1, p. 40, and Ouvdry vs. Marcotte. S. C. Quebec, 1861, Judge Stuart.- L. C R., vol, 11, p, /i Id : — That a clause in a teacher's engagement stating that such engagement shall terminate on a certain date is null, and til at the two months' notice must always be given. Walsh t;«. Tlie School Commissioners of Tingvnck, 0. Q. B., Quebec, 1887. r4 SCHOOL LAW. V n iil I I Mi I surrender the same ;— and in case of opposition to give notice thereof to the superintendent, who shall advise them as to the means of removing or overcomino* the same ; ^ 2. To acquire and hold for the corporation, by any title whatsoever, all real or personal property, moneys or mcome for the purposes of education, and to apply the same according to the instructions of the donors ; ^ 3. To do whatever may be expedient with regard to building, repairing, keeping in order or renewing all school-houses, lands, fences and moveable property held by them, or to hire temporarily or accept the gratuitous use of houses and other buildings for the purpose of keeping school therein ; * 4. To associate with themselves, permanently, or for a time only, managers to aid them in matters con- nected with the administration of the school -houses, the erection and repair, warming and cleaning thereof' and with keeping in good order the property, moveable and immoveable, belonging to the school. R. S O art. 2032. (See Form No. 8.) ' 232. The commissioners or trustees of no munici- pality, unless otherwise provided by special statute, shall hold real property to the yearly value ot* more than three thousand dollars. R. S. Q., art. 2033. 233. No school corporation shall cease by reason of the want of school commissioners or trustees in any municipality at any time ; but in such case the powers of the corporation, as regards the possession Held:— Th&t a person who contracts to repair a school- House cannot recover payment, (such payment being due onlv after the completion and acceptance of the repairs), if the work- manship and materials are not exactly according to the specifi- ^tions ot the contract. Saumure vs. 7%e School Commissioners of SL JSr&me. C. R., Montreal, 1868.— R. L., vol. 16, p. 214. SCHOOL COMMISSIONERS AND TRUSTEES. 75 of any property, real or personal, shall become vested in the superintendent, and, in his default, in the Lieutenant-Governor, in trust, until it is otherwise provided by law. R.S.Q., art. 2034. 2SI4. All lands, school-houses or other property, real or personal, belonging to common schools, in any part of the Province, under any law or by any title whatsoever, are vested in the corporation of the school commissioners or trustees respectively of the municipality in which such property is situated.* R.S.Q., art. 2034. 1335. No school corporation shall, without the ap- proval of the Lieutenant-Governor, upon the recom- mendation of the superintendent of Public Instruction, hypothecate, alienate, sell or exchange the property belonging to it, or borrow money thereon for school purposes. R.S.Q., art. 2035, as amended by 53 Vict., chap. 27, art. IL § 5. — Duties of School Commissioners and Trustees respecting school taxes. S36. It is the duty of the school commissioners and trustees to cause to be levied by taxation, in their respective municipalities, the taxes deemed necessary for the support of the schools under their control. R. S.Q., art. 2036. 23T. The sum arising from such taxes must not be less than the sum allowed out of the common school fund for such municipality. R.S.(^, art. 2036. 2SH. To enable the school commissioners or trus- tees to receive from the superintendent their share of the common school fund, they must furnish him with * Property belonging to, or occupied by educational institu- tions or corporations is exempt from municipal taxes. Muni' cipal Code, art. 712, s. 3. 76 11! I 30 N n M !il Ii:, I m SCHOOL LAW. a declaration from tl e.r secretary-treasurer that he ^I.-.»"l"*"''"l "l'^ I'onujuie received, or that he haa fc '* *'lt ^"""^^ °* ^^^ ^^hool comnassioners or trustees for the purposes of this law. a sum equal to lei" It Q.,\T20l7° "'=' -™-~- or trus- 28». School taxes shall be imposed uniformly ac- cordmg to va,luatioi. upon all taxable real property in the mumcpahty, and shall be payable by the owner occupant or possessor of such propertyf and shall if not paid, be a special charge thereon, bearing hypothec i2a ^^2'^'""g registration.' R. S. Q., art. 2038. -«4». Ihe superintendent may allow school commis- outside the hmits of a town , r village, but formmg that a wharf situated within said imite occnn ed ?nH S/"** mimSS "'rne 'SnTr'' ''^^ t?Uxa^ou"bTthl Judge Mathieu.-.E. L., /oL W/p. 235^ ' ^bntreal, 1886, SCHOOL COMMISSIONERS AND TRUSTEES. 77 pflT of the samo school municipality as snch tow»i or vili- c^^, a tax of not less than one-haif of that levicu upon real estate comprised wiohin the limits of such town or village. R. S. Q., aifc. 2039. 241. The secretary- treasurer of the school com- missioners or trustees shall collect from the rate-payers in the municipality a sum sufficient to pay the sahiiies of the teachers, at the expiration of each half year of their engag ent. His half-yearly report to the De- partment of Public Instruction shall show that this has heen done. R S Q., art 2040. 2^*2. The Government grant shall not be paid ex- cept on the condition mentioned in the preceding article. R. S. Q., art. 2041. 243. School commissioners or trustees, and the secretary-tre. ^vers, shall for any Infraction of the provisions contained in the Hvc preceding articles, m- cur for each offence a tine not exceeding twenty dollars. R. S. Q., art. 2042. 244. The school Cummissioners or trustees who re- fuse or neglect to pay any teacher his salary, or anj part of his salary due to him, may be sued by the superintendent, who is substituted to such teacher for the purpose. The amount of such salary is considered as a per- sonal debt due to the superintendent, and the judgm ent rendered against such school corporation shall be ex- ecuted by the ordinary means of execution or by seizure by garnishment, or in any other manner that judgments of courts of justice may be executed against such school corporations. The superintendent shall remit the sum recovered to the person interested, deduction being made of all costs. R. S. Q., art. 2043. 245. The following are exempt from school taxes : I i V] <^ /i A <^ .> ^ •/// IMAGE EVALUATION TEST TARGET (MT-S) 1.0 2.5 " '^ llli I.I ■Si Inn 1.25 III! 1^ llllu^o 1.8 14 llli 1.6 y Photographic Sciences Corporation r-u^' 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 873-4»03 '^ 4r 78 SCHOOL LAW. II f 1 1 1 i! r 1 1 , 1 1 1. All property belonging to Her Majesty, or held in trust for the use of Her Majesty ; * 2. All buildings set apart for purposes of education, or of religious worship, parsonage houses, and all charitable institutions or hospitals incorporated accord- ing to law, and the ground or land on which such buildings are erected, and also all cemeteries ; f 3. Every educational institution receiving no grant from the corporation or municipality in which it is situated, and the land on which it is erected, and its dependencies. | (See art. 379.) * Jtidgment upon the interpretation of article 712 of the Munici- pal Code bearing upon s. l,art. 2044, R.S. Q. Held : — That municipal taxes assessed on a property, situated in the town of Sorel, belonging to Her Majesty and held in trust for her by the Secretary of Sate for the War Department, cannot be recovered from the occupant of the property, in spite of the fact that his name is on the valuation roll, and that he has neither petitioned nor asked to have it taken oflF. Parsons vs. The Mayor of Sorel. C. Q. B., Montreal, 1873.— R.L., vol. 15, p. 417. Held .-—That a purchaser of property from Government, in the middle of the civic year, after completion of roll, is not liable for taxes for the remainder of the year. Hogan vs. The City of Montreal et al. C. Q. B., Montreal, 1884.— L. C. J., vol. 29, p. 29. t Held : — That property belonging to educational corpora- tions or occupied by such corporations, for the ends for which they were established, and not possessed solely by them to derive a revenue therefrom, is exempt from all municipal and school taxes. That the farm, known as Maizeret, utilized by the Quebec Seminary : 1st for its produce, the greater part of which is used by the Seminary ; 2ud as a place of recreation, since more than a centpry, for the priests, ecclesiastics and pupils of this institu- tion, is exempt from school taxes. 2'he School Commissioners of St. Roch Nord vs. The Quebec Seminary, C.Q.B., 1884. — Q.L.R., vol. 10, p. 335. X Held .'—That a private boarding and day school (for young ladies), receiving no grant, employing several teachers and hav- ing on an average eighty-five pupils per year, is "an educational establishment" within the meaning of the law and exempt from municipal and school taxes. Wylie and The Corporation of the City of Montreal. Supreme Court, March 8, 1886. SCHOOL COMMISSIONERS AND TRUSTEES. 79 4. All property belonging to or used especially for exhibition purposes by agricultural and horticultural societies. K. S. Q., art. 2044, as amended by 52 Vict., chap- 25, art. 2. 246. The school commissioners or trustees may, as reo-ards lands and immoveable property liable to tax- atfon by them respectively, at any time, value and tax any lot of land separated from any land alrea.dy valued and taxed, upon which one or more buildings have been erected since the publication of the last valua- tion roll then in force, and may make, in the valuation roll and in the collection roll of the school munici- pality, such alterations as become necessary by the concession or the separation of such lot, or the erection of such building. R.S.Q., art. 2045. 247. All such alterations in the valuation or collec- tion roll shall be made and published in the manner prescribed for the making and publishing of the valua- tion and collection rolls in any school municipality ; the commissioners or trustees shall, however, not be bound to make such valuation when the altorations resulting therefrom would be trifling and unimportant. R.S.Q., art. 2046. 248. The school commissioners or trustees, as the case may be, may also every year, with the authoriza- tion of the superintendent, exempt from school contri- butions any resident rate-payer living more than five miles from the nearest school of his religious faith, Hd i .-—That a house situated on the same lot of land as the Morrin College, to which it belongs, and occupied as a private dwelling by two of the professors of this college, is employed for the purposes of education and on this account is exempt from municipal taxes, although part of the salaries of the professors was deducted as rent. Tli^ Treasurer of th£ City of Quebec vs. The Morrin College. C.Q.B., Montreal, 1881.— B.L., vol. 11, p. 665. m 80 SCHOOL LAW. III provided he does not send his children to such school The proprietors of unoccupied lots cannot, in any case, take advantage of this provision. R.S.Q., art. 2047. 5849. The school commissioners may, by a regular resolution, commute for the payment annually°of a certain determinate sum* of money for a number of years not to exceed ten, the school taxes on buildings, land and property occupied by any person, partnership or company lawfully incorporated for carrying on any manufacturing or industrial undertaking within the limits of their municipality. Dissentient school trustees may, in the same way, commute their share of such school taxes, and, in such case, the school commissioners shall collect, from such person, firm or company, in addition to the share for which they have themselves commuted, the sum for which the said dissentient school trustees have com- muted, and the said school commissioners shall pay such sum to the dissentient school trustees annually ; if, however, the dissentient school trustees do not deem it advisable to commute their share of such school taxes, the school commissioners shall continue to levy and collect from any such person, firm or incorporated com- pany and shall pay annually to the dissentient school trustees the amount of the taxes which the said trustees would have been entitled to receive, in accordance with article 378 of the school law if the commissioners had not commuted their share of the said school taxes. 53 Vict., chap. 27, act. 5, and 53 Vict., chap. 29, art. .1, replacing art. 2048, R.S.Q. § 6. — Duties of School Gommissionera and Trustees respecting school-houses. 250. If it be necessary to purchase, build, rebuild, i SCHOOL COMMISSIONERS AND TRUSTEES. 81 enlarge, repair or maintain one or more school houses, in any district whatever, the school commissioners or trustees may, at all times, for this purpose, tax either the particular district or the whole municipality, ac- cording as one or the other plan has already been adopted in the municipality. It. S. Q., art. 2049. 251. If a house for a model school be in question, the district in which the said school is situated is first taxed for an amount equal to that which it would have cost the district to erect an elementary school-house. The additional sum required for the model school- house sha^ I be levied on the whole municipality, the district also paying its share. R. S. Q., art. 2049. 253. The ordinary notices required for taxes shall be given for the taxes mentioned in the two foregoing artfcles. R. S. Q., art. 2049. 25S. The superintendent may authorize the school commissioners or ti \.3tees of any school municipality, not being an incorporated town or village municipality, to build and maintain two or more school-houses in any school-district. R. S. Q., art. 2050. 254. The school commissioners or trustees of any municipality which is not divided into school districts under the provisions of this law, may, upon the re- commendation of the superintendent and with the ap- proval of the Roman Catholic or Protestant Committee of the Council of Public Instruction, as the case may be, build, rebuild, enlarge, repair or maintain school buildings already existing, or build or erect one or more additional school-houses as maybe required for the accommodation of the pupils in such municipality, and embellish and ornament the grounds surrounding such school-houses and buildings. For the above purposes, the school commissioners or trustees may raise, by a special tax, the funds neces- sary to defray the expenses thereof, provided the total 82 SCHOOL LAW. I,; i|i'i I I 1 amount of such expenses does not exceed, in any one year, the sum of three thousand dollars. R. S. Q., art. 2051. 255. In every case of special tax, in any school district, or of a general tax on the whole municipality, for the purchase, building, rebuilding, enlarging, repairs or maintenance of school-houses, any of the persons so taxed in any school district so separately taxed, may appeal to- the superintendent, who may set aside such tax, or relieve therefrom the school districts, or any one of them, so appealing, or confirm the same, as to him appears most equitable under the circumstances. K. S. Q., art. 2052, as amended by 53 Vict., chap. 27, art. 6. 25tt. No tax exceeding the sum of three thousand dollars shall be levied for the construction of a house for a superior school, academy or model school, nor exceeding the sum of sixteen hundred dollars for the construction of an elementary school-house, unless the school commissioners or trustees are specially author- ized by the superintendent to expend a larger sum.* That school-houses shall be built in accordance with and upon plans approved or furnished by the superin- tendent. R. S. Q., art. 2053. 257. Upon the recommendation of the superinten- * Held .-—That Boards of School Com issioners, or Trustees, cannot levy a tax exceeding three thousand dollars for the con- struction of a model school-house. The School Commissioners of Laprairie vs. Brosscau et aL C. Q. E-, Montreal, 1884.— D. C. A., vol. 4, p 42. Held: — That the obligations of municipal corporations are measured by their powers. That, consequently, school commissioners (or trustees) are not liable for the balance of an obligation, given for the erection of a model school-house, when such balance is in excess of the amount authorized by law to be so expended. Adams vs. The School Commissioners of Bamston. C. Q. B., Montreal, 1860. — L. C. J., vol. 4, p. ^63 and L. C. R., voL 11, p. 46. 83 any one 5. Q., art. y school icipality, y, repairs jrsons so ced, may ide such 3, or any ne, as to astances. hap. 27, housand a house lool, nor for the aless the author- sum.* ace with superin- erinten- Trustees, r the con- ssioners of -D. C. A., tions are jtees) are e erection 3SS of the ms vs. The I, I860.— SCHOOL COMMISSIONERS AND TRUSTEES. dent, and with the approval of the Roman Catholic or Protestant Committee of the Council of Public In- struction, as the case may be, school commissioners and trustees may, in addition to the powers conferred upoa them by the preceding article, devote to the aid and" maintenance of such superior schools, academies or model schools, which are under their control, a sum which shall not exceed, in any one year, one thousand dollars, to be divided by them among such educational institutions according to their several wants. The amount thus appropriated shall be included in the general tax raised by them. R.S.Q., art. 2054. !358. When a site for a school-house is chosen by the school commissioners or trustees, or a change is: made in the limits of a school district, or a new school district is established in a school municipality, or when one or more established school districts are changed or subdivided, or when the school commissioners or trus- tees refuse or neglect to exercise or fulfill any of the functions or duties conferred upon them by articles 231, 260 and following, ' '^e rate-payers interested may at all times appeal to the superintendent, by summary petition. 2. By the decision given by the superintendent, " which shall be fintl, he may order the school commis- sioners or trustees to do that which they have been required or which he orders them to do, or abstain from doing, or to do in whole or only in part and upon the conditions required by such decision.* R. S. Q., art. 2055, as amended by 63 Vict., chap. 27, art. 7. 259. The superintendent may, from time to time, alter, repeal or modify any decision given by him oa appeal from the decision of the school commissioners 4i-, ; ^^i * Held .'—That it is not necessary that the petition in appeal to the superintendent of education should contain affirmatively 84 SCHOOL LAW. I Hi! in I'' J V 'J ' II W t or trustees, under the preceding article. R. S. Q., art. 2066. 260. If, after having selected a vacant lot of land as a site for a school-house, or if, after having decided to enlarge the grounds on which a school-house already- built or being built, the school commissioners or trus- tees cannot make terms with the proprietor respecting the amount offered as an indemnity, or in case the proprietor refuses to deliver possession of the land the allegation that the appeal to the superintendent is author- ized by three visitors, if it appear that there was such author- ization; that it will he presumed the authorization existed when the sentence alleges it did, unless the fact he contradicted. Lemieux vs. The Corporation of St, Jean Chrysostdme, C. Q. B., Quebec, 1884.— L. N., vol. 7, p. 406. Held : — That the superintendent may, on an appeal to him, order that a school district be divided into two districts with a school-house in each. That, in this case, the superintendent's decision is final, and can be modified but by the superintendent himself on a petition made to him according to law. Tremblay vs. The School Commis sioners of St. Valentin. Supreme Court, 1886. — D. S. C. R.,- p. 140. Held : — That tl^e superintendent may, on an appeal to him, give sentence, ordering that a school-house be constructed on -the site by him indicated. Delisle vs. The School Commission- ers of St. John (Isle of Orleans). C. Q. B., Quebec, 1880. — D. C. A., vol. 1, p. 93. Held .'—That the superintendent may, on a regular appeal to him, order something different to be done from what was asked of him in the petition. That an opinion, given by the superintendent to school com- missioners or trustees, in any matter which the law leaves under their control, is simply in the nature of an advice, and they may afterwards modifjf any action, taken by them, in accordance with such advice, if they think proper to do so. That an appeal irregular in form became regular by the fact that the commissioners had concurred in it, by a resolution Sassed before the decision, in answer, to such appeal, was given Tartel vs. The School Commissioners of St. Raymond. S. C, Que bee, April 14, 1888, Judge Casault— Q. L. R., vol. 14, p. 148. SCHOOL COMMISSIONERS AND TRUSTEES. 85 required, within the eight days next after application in writing shall have been made to him by the com- missioners or trustees, then the matter shall be settled by arbitration in the following manner : 1. The commissioners or trustees shall appoint an arbitrator, and the owner of the land shall appoint an- other within thirty days after the said delay of eight days ; and a third arbitrator shall, at the instance of either of the parties, be appointed by the judge or one of the judges of the Superior Court for the district, within which the said site for a school-house is situated ; 2. In case the commissioners or trustees or the pro- prietor shall not appoint their respective arbitrators within the said thirty days, the said arbitrators, or the third arbitrator, as the case may be, shall be appointed by the judge or one of the judges of the Superior Court for the district, upon the application of one of the parties, and in the absence of the judge by the prothonotary of the said court ; 3. The arbitrators so appointed shall have all the powers necessary for the summoning, hearing, swear- ing, and examination of the witnesses ; 4. The award of the arbitrators or of a majority of them shall be final, and shall designate the party who shall be liable for the costs of the arbitration, and shall tax such costs. R.S.Q., art. 2057, as amended by 54 Vict., chap. 21, art. 7. 201. Before proceeding, each of the said arbitra- tors shall take the following oath before a justice of the peace for the district : " I, A.B., having been appointed an arbitrator in the " matter of the school commissioners {or trustees) of versus C. D., of , make oath that I will faithfully and impartially discharge the duties of my office to the best of my judgment and capacity. So help me God." « (( ti t< 'W H I I 86 SCHOOL LAW, 1 I ; ,■; 3 i-'^ak III il |: i ll)l> 1 ii " Sworn at ^, this day of 18 , " before me the undersigned, one of Her Ma- '*jesty*8 Justices of the Peace, for the district of ." R. S. Q., art. 2058. 202. The arbitrators shall, within one month after their appointment, make their award, and serve a copy thereof on the school commissioners or trustees, and on all the other persons interested. R. S. Q., art. 2059. 203. The award shall give power to the commis- sioners or trustees, upon deposit in the hands of the prothonotary of the district, within the limits of which the said site for a school-house is situated, of the com pensation awarded to the persons entitled to receive the same, to take immediate possession of the land for which the compensation has been awarded. R. S. Q., art. 2060. , 204. After all interested persons, creditors or assigns have been called in, in the manner and form and after the delay, which the court or judge shall deem expedient and just, the Superior Court for the said district, or one of the judges thereof, shall dis- tribute the sum so deposited by ordering that it be paid to the party or parties entitled thereto. R. S. Q.- art. 2061. 205. If any person shall ofter any resistence or opposition to the proceedings of the commissioners or trustees, any judge of the Superior Court may, upon satisfactory proof, that the conditions required by articles 260 to 264 have been fulfilled, issue his warrant addressed to any sheriff or bailiff, or other proper per- son, to place the commissioners or trustees in posses- sion, and to put a stop to such opposition or resistance, all which such sheriff, bailiff, or other person shall be bound to do, takii^ with him such assistance as may be necessary. R. S. Q., art. 2062. 206. Nothing in the preceding articles shall have )ii SCHOOL COMMISSIONERS AND TRUSTEES. 87 the effect of authorizing possession to be taken of any property held by a fabriqvs, church, body, corporation or association for religious or school purposea R. S. Q., art. 20G3. 267. When a school-district is divided by the crea- tion of a new district or new municipality, the part on which the school-house is situated shall retain the property thereof, and shall refund to the other an amount which shall be established pro rata by the valuation of the real property which was taxed for its erection.* 2. The same rules shall be followed when the reli- gious minority shall declare themselves dissentient, unless an understanding to the contrary be come to with the minority, the majority shall keep the said dchool-house on payment of an amount determined as above. 3. In either of the two cases the school commission- ers or trustees of the municipality in which the said school-house is situated shall entrust three competent persons with the making of a valuation of the said school-house, and of the land upon which it is built, aiid such valuation approved by them shall be final. 4. If, after such valuation, the persons interested still do not agree, there shall be an appeal to the super- * ifeW ,•— That a schoolhouse, purchased or built by the ratepayers of a district, shall, if such district is suppressed by being annexed to another, or to others, become the property of the school municipality of which such district forms part after its annexation; if such schoolhouse is sold, the proceeds shall be paid to the school fund of the municipality, and ratepayers, who contributed for the purchase or construction of said schoolhouse, cannot claim back any portion of the proceeds of sale. Avdy vs. The School Commissioners of Charleshourg. C. C, Quebec, 1883, Judge Caron.— Q. L. R., vol. 9, p. 103 and Jobin vs. The School Commissioners of Charlesbourg. C. G, Quebec, 1883, Judge Casault.-^Q. L. R., vol. 9, p. 312. 88 SCHOOL LAW. r '! I i 'ill intendent, and ttie latter, after the said valuation and an authentic copy of the valuation roll of the property of all the parties interested have been placea in his hands, shall pronounce a final decision. 6. In such cases the school commissioners or trus- tjes shall, without delay, apportion between the proper persons the amount to be paid, collect the money as soon as possible by legal process as in the case of col- lection of taxes, and render accounts to the persons interested. R. S. Q., art. 20(i4. *??• ^^ ^^^^^ ^® lawful for two or more school municipalities to unite, by mutual agreement, in main- taining a model school or an academy, and in erectint*- a building therefor. ° In case of such union the school or school building shall be under the control of the school corporation of the municipality in which it is situated. Nevertheless, the school commissioners or trustees of the municipalities, which nve united for the purpose of contributing to the erection or maintenance of such model school or academy, shall have the right to be present at all meetings of such school corporation to take part in the discussions and to vote upon all ques- tions respecting the administration of the afiairs of the academy or model school. R. S. Q., art. 2065. 260. Any school corporation that desires to co- operate, in the manner above set forth, in the erection of such model school or academy building, shall pass a resolution to that effect, naming the amount to be levied and any other particulars deemed necessary. Such sum may be paid in one amount, but at leas* one instalment shall be paid annually till the whole is paid. Any school corporation that desires to participate in the maintenance of one of such schools shall pass a SCHOOL COMMISSIONERS AND TRUSTEEa 69 resolution naming the amount to be levied annually for that purpose. R. S. Q., art. 2066. a^ >. Such resolution shall be submitted by the school corporation at a meeting of the rate-payers of the municipality, called for that purpose in the manner prescribed tor calling general meetings. The notice calling such meeting shall contain a copy of the resolution to be submitted. At such meeting, the persons qualified to vote shall record their votes for or against the resolution in the manner provided for the election of school commis- sioners and trustees. If the majority vote against the resolution, the said resolution shall become null ; but if the majority are in favor of the resolution, tlie school corporation of the said municipality shall levy the amou^.i; named in the rasolution, and shall pay the said amount over to th^. coi'poration of the school municipality in which the school is situated. R. S. Q., art. 2086, § 2. 271. The amount named for the maintenance of the school shall be paid over each year until it is decided by vote of the rate-payers to discontinue such pay- ment. R. S. Q., art. 2066, § 3. 272. The acceptance by a school corporation, in >^iich such school is situated, of aid in the erection of such school building from any other municipality, shall give the children in the latter municipality the right to attend such school upon the same conditions as the children of the municipality in which such school is situated. R. S. Q., ari 2067. § 7. — Powers of School Commiasionera and Trustees respecting monthly fees, 273. Over and above the taxes levied, the school commissioners and trustees shall fix the monthly fees : J ki I, 'III 'I * 1 1 11 «tees caanot exact 3 From indigent persons ; I* F^^ ^^u^^^' ^®^*^ ^^ ^^^^ children ; nwin,^ Z f^^""^ 7"^ ."^^'^ '^^"^We to attend school owing to serious and prolonged illness ; 4. For children who are absent from the school SCHOOL COMMISSIONERS AND TRUSTEES. 91 municipality for the purpose of receiving their educa- tion or for children in a college or ether incorporated educational institution or one receiving a special grant from the public funds, other than schools under the control of commissioners or trustees. H. S. Q., art. 2072. 278. The monthly fees payable for children attend- ing a model school, a separate girls' school, or a school kept by some religious community forming a school district, shall not form part of the school fund ; but such monthly fees, to the amount established for the other children in the municipality, shall be payable directly to the teacher, and be for his or her use, un- less a diiFerent agreement has been made between the school corporation and the teacher. R, S. Q., art. 2073. 2TO. School commissioners and trustees, in the semi-annual reports which they are bound to transmit to the superintendent, shall state the amount of month- ly fees fixed for each district, and the amount of such fees BLcturAly collected, either directly by them or by the teacher. R. S. Q., art. 2074. 280. If the school commissioners or trustees fail to fix the amount of monthly fees to be paid for the children in each district, or to cause the same to be collected, the superintendent, with the approval of the Lieutenant-Governor, may refuse the school grant for the year to the school municipality represented by such commissioners or trustees in default. R. S. Q., art). 2075, as amended hy 53 Vict., chap. 27, art. 11. i / ■^it § 8. — Powers of School Commiasioners and Trustees respecting schools for girls. 281. The school commissioners or trustees may establish in the municipality a girls' school distinct f\ !f |i n > i \i ill I I'll' f iliM I III SCHOOL LAW. from that for boys, and such girls' school shall be con- sidered as a school district. K. 8. Q., art. 2076. * ^??*j^^ ^^7 religious community has already es- tabhshed an elementary school for girls, in any muni- cipahty, such community may place its school, from year to year, or as may be agreed upon, under the management of the commissioners or trustees, and it shall then be entitled to all the advantages ^ranted bv this Jaw to public schools. R S. Q, art 2077. § 9r-Powers and duties of School Commissioners and Irustees respectinrj the annual census of children, 283 School commissioners and trustees shall cause to be made by their secretary- treasurers, between the first day of September and the first day of October of every year, a census of the children in each school municipality, distinguishing those who are from five to seven years of age. those from fourteen to sixteen, those from seven to fourteen years, and those actually attending school. ^ They shall transmit such census to the superinten- dent in their semi-annual report of the month of January m each year. R S. Q., art. 2078. 2SJ Every father, head of a family, tutor, curator or guardian, who refuses to give to the secretarv- trefl:urer the information required for the census of the children prescribed by the preceding article, or who makes a false declaration, shall incur a penalty of not less than five or more than twenty-five dollars. iTie provisions of articles 433, 434 and 435 shall apply to the said penalty. R. S. Q., art. 2079. It .■ n TRUSTEES OP DISSENTIENT SCHOOL& SBCTIOX IV. 98 TRUSTEES OF DISSENTIENT 8CH00L8-THEIR GENERAL POWERS AND DUTIES. • ^f^.J'^^^'^^^^ave the same powers and are sub- ject to the same duties as school commissioners for the management ot those schools which arc under their control. R. S. Q.. art. 2080. 280 The trustees are a corporation for the pur- poses of their own dissentient schools and are entitled to receive from the superintendent, shares of the general school fund, bearing the same proportion to the whole sums allotted from time to timV to such municipality a^ the number of children attending such dissentient schools bears to the entire num&r of children attending school in such municipality at the same time R. S. Q. art. 2081. ^ ..i?*J' ^."".^^^^^^ ^^^'^^ ^^ve the right of imposing and collecting the taxes upon the dissentient inhabitants, it. o. C^., art. 2082. 288. Whenever the school trustees in two adjoin- ing municipalities are unable to support a school in each municipality, it shall be lawful for them to unite and to establish and maintain, under their joint management, a school situated as near the limits of both municipalities as possible, so as to be accessible to both. ^ In such case, the trustees jointly report their pro- ceedings to the superintendent, who shall remit the share of the common school grant to the secretary- treasurer, wh<^e name first appears on the report. R. «. l^., art. 2083. 280. Thft fniafAAo tn*A Aw>i:4.1^J x^ _ n ,-, - — - "-^■■■^^^^ «,i-» ^iiwiwcu wj u, copy 01 tlie collection roll m force, of the list of children capable ot attending school, and of aU other documents intho i '«i it!i m 'iiii' i' 94 SCHOOL LAW. hands of the school commissioners or of the secretary- treasurer, connected with the management of dissent- ient schools. R. S. Q., art. 2084. 2»0. If there is no tax imposed, or if the tax im- posed does not appear to them a proper one, the trus- tees may, in the months of July and August, impose the taxes deemed necessary, upon the dissentient in- habitants. R. S. Q., art. 2084, § 2. 2»1. Trustees may constitute their own school- districts independently of the school-districts estab- lislied by the school commissioners. They have the same rights and are subject to the same duties 8,nd penalties as school commissioners, in respect to the collection and application of moneys levied by them, the rendering and examination of their ace Dunts, and all other matters whatever in reference thereto. R. S. Q., art. 2085. 392. The trustees may also receive the amount of the monthly fees payable for the children of dissen- tient patents, tutors, curators or guardians, and may institute all suits or prosecutions, and do all other things necessary for the recovery of taxes and monthly fees. R. S. Q., art. 2086. SECTION V. SECRETARY-TREASURERS OF SCHOOL COMMISSIONERS AXD TRUSTEES. § 1. — General Provisions, 203. Every school corporation shall have an officer called the secretary-treasurer, who shall be appointed by the school commissioners or trustees, and shall re- main in office during the pleasure of the said commis- sioners or trustee* R S. Q., art. 2087. SECRETARY-TREASURERS. 95 commis- SO-l. Every secretary-treasurer shall, before enter- ing upon his duties as such, give security to the school commissioners or trustees, either by a notarial instru- ment, the minute of which shall remain with the notary receiving it, or by a bond under private seal signed and acknowledged before a justice of the peace. R. S. Q., art. 2088. (See Form No. 7.) 295. The security shall be given by at leaat two solvent sureties, jointly and severally, to the satisfac- tion of the chairman of the school commissioners or trustees, and for the total amount of the moneys for which the secretary-treasurer may, at any time during his tenure of office, be responsible, whether arising from the local school fund or from any particular con- tributions or donations paid into his hands for the support of schools, or from the general school fund. Such security shall be renewed whenever its renewal is required by the school commissioners or trustees. R. S. Q., art. 2089. 296. Whenever the security is entered into by bond under private seal, the original thereof shall, within one month after the execution, be deposited in the hands of the registrar of the county, who shall keep the same in his custody and deliver copies there- of, which being certified by him, shall be considered to all intents and purposes as authentic. For every such copy the registrar may demand and receive ten cents for every hundred words therein. R. S. Q., art. 2090. 297. The sureties of the secretary-treasurer may, at any time, by giving notice in writing of their inten- tion to the secretary-treasurer himself and to the chairman of the school corporation by which he is employed, f*ee themselves from future liability under their bond, a^ the expiration of thirty days alter the service of such notice. 5ffi« s-;i."1 I I f'* 9(J SCHOOL LAW. ■11 ,' j ■0$'^ ^B9ii i liii Hill ! jl ^^^^^Bi^.i '■ 1 i !i Such notice is given and served by a notary, or by the surety himself in writing, delivered in pri^nce of Ifti TK "^^"^ '''*" ^'Sn the same. RS.Q^ art. 2091. th^.rA ^'»* .secretary-treasurer must, within the thirty days fol owing the service of such notice, furnish other sureties :n lieu of those withdrawn. «f ?k * I-*** ''*/ ?? '*"'''& ^^ c^^not discharge any of tho functions of his office, without becomin| liable toapenaty of twenty dollars for each infraction of this article. R.S.Q., art. 2092. in^lT**^''*''®''''' '"i^. "^ ^^^ «"'**'«8 dies, becomes insolvent, or removes his domicile outside the limits of the district, the secretary-treasurer, must, as soon as he Womes aware of such fa^t. notify the same, in writ! ing. to the chairman of the school corporation in whose service he is. under a penalty of one hundred dollars. He rnust supply the place of such surety within the thirty days next following, in default of his so doing! he cannot perform any of the duties of his office, under S Q.f art sy^'"" ^ *^^ preceding article. R thf??' J'^^s'f *ties of the secretary-treasurer, after orTff I'"^*^ ^'T"' *"*"'^ "*^«'*'y "''der their bond, or after the secretary-treasurer has ceased to discharge of td"*'".! 1 '""^ °®?*'' "^y e^*"* fro-" the chair^fn ot the school corporation a certificate of discharge for the future, which certificate, after registration thereof discharges thenceforth the immoveaWes hypotWted ^y such bond. RS.Q., art. 2094. /po^necatea «nf .? tl T\sec':etary-treasurer may, with the con- ^1. * fif 1*^°?' commissioners or trustees, give, in P^e of the bond mentioned in the preceding Irticles ^unty by a guarantee insurance contract or policy in favor of the said school commissioners or trustees in Z^A •""■""""- ^^""'pa'uy incorporated tor that purpose and approved by the said school commissioners or W SECRETARY -TREASURERS. 97 tees and by the superintendent of Public Instruction ; Such consent is given by resolution adopted by the school commissioners or trustees. The premium on the guarantee insurance policy may be paid by the school commissioners or trustees, and afterwards retained by them out of the salary or re- muneration of the secretary-treasurer. The provisions of this article apply to the assistant- secretary-treasurer appointed under article 319 of tht code. 53 Vict., chap. 27, art. 8. 30I. The secretary- treasurer is the keeper of all the books, registers, plans, maps, archives, and other documents and papers which are either the property of the school corporation, or are produced, filed and preserved in the office thereof. He cannot divest himself of the custody of such archives, except with the permission of the school cor- poration, or under the authority of a competent court. R.S.Q., art. 2095 30S. The secretary-treasurer attends at all meet- ings of the school corporation and" draws up minutes of all the acts and proceedings thereof, in a book kept for that purpose, and called ' ' Minutes of Proceedings." R.S.Q., art. 2096. S03. All minutes of the meetings of the school cor- poration must be approved by the school corporation, signed by the person who presided at such meeting, and countersigned by the secretary-treasurer. R.S.O.. art. 2097. 304. Whenever a by-law or a resolution is amended or repealed, mention must be made thereof in the margin of the minutes of proceedings, opposite such by-law or resolution, together with the date of its amendment or repeal. E.S.Q., art. 2098. 305. Copies and extracts certified by the secretary- treasurer from all books, registers, archives, documents, Endpapers preserved in the ofllce of the school cor- 98 SCHOOL LAW. 'i 1 V I,': II! I iiiii III,!' 'I poration are evidence of their contents. R S. Q., art 306. The secretary-treasurer collects and has charge of all moneys due or payable to the school corporatioa* R. S. Q., art. 2100. 307. He pays out of the funds of the school cor- poration, all sums of money due by it, whenever authorized to do so by such corporation. If the sum to be paid does not exceed ten dollars, the authorization of the chairman is sufficient. R S. Q., art. 2101. SOH. Even in the absence of authorization from the school corporation, or from its chairman, it is his duty to pay, out of the funds of the corporation, any draft or order drawn upon him, or any sum demanded by any one empowered so to do by the provisions of the school laws or regulations. R. S. Q., art. 2102. tiO». No draft or order can, however, be legally paid, unless the same shows sufficiently the nature of the use to be made of the sum therein mentioned. R. S. Q., art. 2103. 310. No secretary-treasurer can, under a penalty of twenty dollars for each infraction : 1. Grant discharges to rate-payers, or other persons indebted to the school corporation for school taxes or other debts, without having actually received in cash or in lawful value the amount mentioned in such dis- charges ; * Held .-—That a secretary-treasurer, who had delivered a cheque, received from the Government for school purposes, to the chairman of the school commissioners of his municipality in order to have it cashed, could not be held responsible for the loss by theft of a part of this money, of which the chairman had been the victim, and that he (the secretary) was not euilty of neghirence. Ouimet wt. VermJLt. f!. O. R OhoKoa i«ca_ . L. R., vol. 7, p. 34. w.i SEOBETART-TBEASURERa. 99 2. Lend directly or indirectly, by himself or bv others, to rate-myers or other persons whomsoever moneys received in payment of school taxes or bekZ: %« r^**"**' '^'P*'™'*'**"- R- S. Q., ari 2104. ^ «1. Ihe secretajy-treasurer is bound to keep in the form prescribed, books of account, in whict he enters accordmg to date, each item of receipt and expenditure, mentioning therein the names of all ^. sons who have paid money into his hands, or to wfiom he has made any payment. R. S. Q., art. 2105. tfW. He must keep, amongst the archives of the SIS The secretary-treasurer is bound to keep a amnner and in the order of their dates, all reportf lets of apportionment, valuation rolls, collection roll, ludgments maps, plans, statements, notices, letters' papers and documents whatsoever, which are in h^» artllO^ "^^ ^^^ exercise of his office. R. S. Q., 314. The secretary-treasurer^s books of account and vouchers for his expenditure, together with all the registers or documents in his archives, are open for inspection and examination by every interested party or their attorneys, on the office days as established by the school corporation, between the hours of nine in the morning and four in the afternoon. Such persons, either themselves or by their attor- neys, may take all notes, extracts or copies which they require. R. S. Q., art. 2108. ^" wiey SIS, The secretary-treasurer is bound to deliver upon payment of his fees, to any person applying for — ...,.„^, twj^x^o vi cAwxfcui/s irom any Dook, roll regis- archir^"^'^^*' or Other paper, which forms part of the IW SCHOOL LAW. J ' !:• i f ill ill III • His fees, until otherwise fixed, are ten cents per nundred words. ^ : The secretary-treasurer is, nevertheless, bound to lurnis 1 gi-atuitously any copy or extract required by the Lieutenant-aovemor, or by members of the school corporation or its officers. R. S. Q., art, 2109. »i». I he scliool commissisoners or trustees may at aiiy time remove the secretary-treasurer, and appoint «^^^^^^^' "J l"s place.* R.S.Q.,ai-t.2110. ^^ tfl7. No teacher shall be appointed secretary- treasurer. R. S.Q, art. 2111. ^ 318. The remuneration of the secretary-treasurer sha.l not exceed seven per cent upon the moneys re- ceived by him as such for all the services consistent with the duties of his office, which the school commis- sioners or trustees may require of him, except in cases specially provided for by the school law and by rean- lations upon the matter made by the superintendenif JVevertheless the school commissioners or trustees may, by resolution, with the authorization of the superintendent, gi-ant a supplementary sum to the secretary-treasurer for the use of his office as well as tor any other consideration thereby specified. R. S. v^., art. J 11 2. f „f *f • ^^- s^cf e^l^ry-treasurer may, under his signa- ture, from time to time, appoint an assistant-secretary- * Jwigrnent upon the mterpretaiion of article 143 of the Municipal Code heanng upon article 2110, R S Q Mumctpai, in^tmc7^o^v^l^\^^^^^ ?^ ^ municipality remains V^--- ?^ .^""ng the good pleasure of the counoil C^Sl2X."'' C. C, Montreal,^1872, Judge Macka" from^Pll^r'^* ^ secretary-treasurer cannot claim payment from school commissioners or trustees for suDDlementarv s^r l^^\^PeUeturv,. The School CoTwmt.^ZrroTl/?' p&^f.^ VOL 'CsST'' ''""' ^""^^^ ^^^' ^"^^*^' *"^ MoWiet^ra r; SECRETART-TREASUREfia 101 t^a^urer who may perform all the duties of such office, with the same rights, powers and privileges and under the same obligations as the secretaiy-tr^urer hiinseJt, except as regards security. 2. The assistant-secretary-treasurer shall enter into office as soon as he has received written notice of his appointment and he may be removed or replaced at pleasure by the secretary-treajsurer ^hfJ" *lie exercise of his functions, he shall act under the responsibility of the secretary-treasurer, who has appointed him, and under that of the sureties of that otficer. R. S. Q., art. 2113. 320. In the event of a vacancy in the office of secretary-treasurer, the assistant-secretary-treasurer shall contmue to exercise the duties of that office until the vacancy IS hlled. R. S. Q., art. 2113, § 4 321. Saving special provisions, every secretary- treasurer shall prepare and submit to the school com- missioners or trustees, in the first week of July in each year, a detailed statement of the receipts and expendi- ture of the municipality, duly audited, for the year ending on the thirtieth day of June immediately pre- ceding. R. S. Q., art. 2114. ^ ^ 322. The seci;etary-treusurer, as soon as the state- ment mentioned in the foregoing article has been ap- proved by the commissioners or trustees, as the case "^!^i \.. ^ ^^^^'"^^ ^®®^ audited as provided bv articles 324 to 330, shall prepare an abstradi pay without delay to the pe«on entttled thereto the amount foj wnreh he has been declared debtor, and, in default of Etr'/h '^\ V"^^^^g^ shall be instituted to execute the said decision. Rn^^nj°^.*'°1*'''1^ ,'"*'»'* '"^'<='*' ^hall prevent the snpenntendent, school commissioners, or trastees from »cf?w*..T^* judgment of the superintendent shall establish the amount of the costs aid expenses of the sa^d^inspector or person so appointed. R. S. Q, art. § 3.— Examination of Secretary-Treamrera' accounts by the Superintendent. . 831. In case of difficulties between the commis- sioner, or tnistees and the secretary-trea^urer in or Ztlt.f'V J?" """"'^ Pality. or i/case of a written application to the superintendent from at least five rate-payera, having for its object the revision of the accounte of the secretaiy-treasurer for the year ending on the first of July nrevious. or for any otfieryeTr f"? which the accounte have not been approved aa pre- sented by article 822, the superintenolent may ca^use the said ajicounte or copies of the said accounts, with vouchers therefor, to be laid before him, and on the whole render judgment in detail, which shall be entered m a register kept by him for that purpose. -- .„.™.j«^g„iciiuoiitwniave loree of an award of arbitrators between aU the parties, and aii/ copy SECRETARY-TREASURKIUj. 105 thereof certified by the superintendent or by one of the secretaries of the Department of Public Instruc- tion shall be authentic a The superintendent may, also, himself, proceed to the place m question, or appoint a delegate in his stead. ° 4. The examination shall take place on the day and hour and at the place fixed in a notice duly served hve days previously, by a bailiff; upon the commis- sioners or trustees and the secretary-treasurer who r.hall ha/e a right to attend, or to be represented th-^roat.* R. S. Q., art. 2121. ^ ♦,aoo^^f •"! ^''^' "? ^^*.^^" *° account lies against a secretary- I!v!7^' who has already rendered his account and has ri ceivecl a discharge, unless fraud or error be alleged, and that the commissioners are bound by the act. of their predecessors ; ♦,„=;Jo 'f fraud or error be alleged, the commissioners, or ^ouuIkiS^^'' ^ ^'^ ^^^'"''^ '" reformation of the a^ 3. That disputes in such matters should be settled by the a-^-tratcrs. Ih^^ School Commimoners of Chamhly vs. Hickev. f-l-'r n-m^^i'ni^il' ^^F^i^^' Sfl^?<=Vand Chabot.-L..aX ^hl'J/F: « S^""^ ^J>chool Commissioners of St. Michel de Vav^ vo 14 n l?wn/ri'^ Montreal, 1859, Judge 8mith.-L. C. J., 1884.--J N vol^ ir ^*' ^^^^^^''^' ^ 0- S-' Montreal! .c.rrfii^'^ 'TS^*^ ^^'® superintendent has no jurisdiction in the revision of the accountB of a secretary-treasurer, whose resig- hfseS \^ accepted and a discharge granted him by That the superintendent has no authority in law to set aside a discharge grantee to such secretary-treasurer, but such dis- charge must be set aside by a competent tribunal. ,1^.7 ^^^®*^^***^*^^*^®,*^® sentence of the superintendent declared executory, must show that he had the power to render such sentence and that his Jurisdiction appears on the face of tue proceedings. Tlie School Cfimmh»irynj>^f «/ »/>w«« euji- ..„ i^attctemin a C, Bedford/im JudgeBudUanan^lL. C jl' VOL zi, p. loy. ' i/dW;— That in the case of difficulties between the school 106 SCHOOL LAW. liilil,*' 382. The superintendent, whether he has examinee^ the lu^counts himself, or has had them e^^bj o^o^- .. of the accounts of the Jafter of « « * '' , examination which only wo^rZ iomm'iBsioneTwa?! ^^^J^ '"^^'^ »' lant to an examination in the niB»onIl!?I? P™**"*. 's ^quiva- secretary-treasure^ S crivSS^^-^?' trustees and their force oiin award of aibS?n«i „*^^"?*®^^«'^* s^ecision, ^ spect to a secreSi^ftrea^urer^^^^^ ^''^^^ re- fore the passing ofsSdK ^ ^'^"^ ^^^"^ ''^^^ be- That the presence of the co»mifi.,^>».«^/^-x- ^ . iicceesary at the examination TTii^"'"'"'^" ^Y'^ i-ruawjesj is not SECRETARY-TREASURERS. 107 person so appointed taking proceedings, the secretary- treasurer shaU apply, by petition to the superintendent, tv'lio shall then proceed in the manner provided by article S28 and following* R. S. Q., art. 2123. B84. Whenever the superintendent is assured that a secretary-treasurer's accounts have not been render- ed, or, if having been rendered, that they are informal, irregular, illegal, fraudulent or erroneous, he may. in Ills own individual name. sue. before any court of com- peteQfcjarisdiction,anjr such secretary-treasurer in an action to account, or in reformation or correction or revisioa of the account so rendered. He may demand that all agreements entered into between school commissioners or trustees and the sec- retary. treasurer, or any other persons, with reterence t^> J that- ...-.^k ;- iu^ u_i J^^ml^'^^lL^'^r.^i'r!^''^^ bave not previously been rendered. Stt!^!; iCvol »^Sr "**^ ^^fwick. €.Q.B., Quebec, '■»;.;' 108 SCHOOL LAW. lit! m§mti^ uorn r « If! trustees have not instituted the action, the superinten- dent shall do so .• R. S. Q., art. 2124. ^"P^"'***''- «f fh**l- ^^ superintendent may intervene in any suit of the kind mentioned in the two nrecedinir TJti^Ua brought by the said co„,^issioneror^SKto^teh Q ,^rt 21 25 eo'nn'issloners or ti-ustees. R s! ako^f ■J^'l^ ^"'^*'^' °* ^y secwtary-treasurer may also be made parties to any action brought against a :^fS ''''"'■'' ""^ '"^ supermtendit. Ts q! .) ^^?.. 1' "** «<'?'»'Ssione.-s or trustees neglect so to do, after having been put m default in the manner above prescribed, the superintendent may. in hTs^^ name, sue any secretary -treasurer in or out office f^ he recovery from him of any sum of money whi^ belongs to the school commissioners or trustees^ JisW f.o m the governmen t grants, the collection of sch^! the dvVZi^'f '2°®^ 1°' *^"'^®«) cannot teke an action, in VALUATQBg. 109 taxes, monthly fees and other sources, or other school dues received by him during the term of his office. B. S. Q., art. 2127. SECTION VI, i'l VALUATORS. 840. In all places where a valuation of property has been made by order of the municipal authonties such valuation shall serve as the basis of the taxes to be imposed under ihe authority of this law ; and the secretary-treasurer of the municipal council shall, on demand, furnish to the school commissioners or trustees a copy of any such valuation. But, if no such valuation have been made, the school commissioners or trustees may cause the same to be made by three persons appointed for that purpose * R. a Q., art. 2128. (See Form No. d.) _ ' 341 If there be no existing property valuation, either tor the county or for the particular municipality m question, upon which school taxes can be based oi- if the persons, in whose hands such valuation is deposited refuse, or neglect, after having been thereunto required by ten days' notice in writing, to deliver to the school commissioners or trustees of a school municipality on- titled thereto, or to their secretary-treasurer, the original ♦,« off«.S^*"T?^** 1^^® collection roU for school purposes is not ^%u\ J? *^.® ^""l*y ^^ *^® municipal valuation rdT Ihat the nght which a municipal council has of amendiuj: a valuation roll, imphes that of changing and modifying it, and ofou of making a new roll That the duty imposed upoS munidpal coiincilfl to have a valuation roll m^e eWy three veara. df^es {S« !2SIt''' l*'?"',^??"' "P^^^ a 'o" ^fore tbe expiration of b. C, Montreal, 1877. Judge W. Dorion.— R. L., vol. 10, p. 113. pi} ' =5 5 -J 110 SCHOOL LAW. Ill of the said valuation or a certified copy thereof,— (which copy, being so certified to be true by the per- son so having the custody of the original, shall be prima, fdfiie evidence of the contents thereof,)— the school commissioners or trustees may, at all times after such refusal or neglect, cause such property valuation to be made by three valuators to be appointed and authorized by them for that purpose.* R. S. O art 2129. (See art. ^^^.) ^ ^ ^-HS^arc. 848. If, within one month after their election or appointment, the said commissioners or trustees neglect to give the notice required by the preceding article, to obtam either the original or a copy of the said valua- ation,— or if, within three months next after their said election or appointment, they neglect to cause the said valuation to be made in their school municipality in the cases mentioned in the preceding article— each of the commissioners or trustees shall be liable to a penalty of ten dollars fqr having neglected to give the said notice, and to a further penalty of one dollar, fpr each and every day that the commissioners or trustees have been in default in causing the said valuation to be made. R. S. Q., art. 2130. 843. When a school municipality has been formed and includes parts of other municipalities, and when the valuation roll in force, in each of these latter muni- cipalities is not uniform, or the valuation of propei-ty is higher in one than in the other, the school commissioners or trustees of the new school munici- *Judgrneni upon tlie itUerprciation of art. 365 of me Munidwd Code, beannf^ upon arL n2». It, S. Q. J ^ »<^P^ Held :---'ihaX a valuaticm roll made by three valuators of whom only two were legally appointed ia null. Rolhfial. «*. i.o.'poration ojjiui Toimskip of Stoke, U. Q. B., Montreal, 1880.^ L. C. J., vol 24, p* 213. » " VALUATORS. Ill pahty shall ied corn- so much ties shall property nicipality times in property, pant any and com- ■ obstruc- ffectsuch «, every I penalty hich i. pality, is L'ity only I not be or trus- ng their r school |7CX OUiicbi f SCHOOL TAXES AND CONTRIBUTIONS. 113 the amount of four hundred dollars; and whosoever without such ^ualificati^on, so acts, shall incur a penalty of ten dollars, unless such valuator be otherwise exempt ^. oV'oi'*^'" possessing such quahfication.* R S.Q, art. 2135. ^ SECTION VII. SOHCOL TAXES AND CONTRIBUTIONS. § l.—Imjposition of School Taxes. 340 School taxes shall be imposed between the first day of July and the hrst day of September in each year, and shall be paid at any time on demand, provi- ded public notice be given at least thirty days before enforcing payment of the same.f R. S.Q., art. 2136. *Jvdgm€nt upon the interpretation of art. 374. MunidDol Codp bearing upon art. 2135, R. S. Q. ' "^"^^P^ ^oae, Held .—That a collection roll is null, if the valnafnrq HM «^f possess the property qualification required by firrthey dfd not take the required oath, or if they did not sign the ro 1 />aU07i m T^Corpcn-aHm of SL And/ew of aZvTs Q St Hyacmthe, 1868 Judge Sicotte.-L. C. J.., vol. 13? p! 21 ' *' Mdd .— rhat the want of qualification of the valuators does not give ground for an action for damages on Sf^f a rate-payer, when an execution, foUoled by a sale issues against him for school taxes, based on a valuation roU J^hSS:'-l.i!:,?oL'7,1>" 85:- "^^ ''^- Scholastique, 1875, Judgi t-ffe^.'—That, though the law prescribes the time during which school taxes should be imposed, yet they may bl v a^fd?f imposed after the last date mentioned in art 349 LaL/ r-ni^ ^^^/[ff^'—'^^^^^^^/^^'P^yeraot a school municipality mav refuse to nay taxes for the support of a neutral or non-serta^ Jn school. ^h^olC^mismnersTTewkesburyJ^^^^^ Quebec, 1880, Judge Casault-Q. L. Jt, v?l. 6 ^^''^^''''' ^' ^'> bearing upon art. 2136, R. S. Q, vj an, vto, Municipal {Jode, ir.. ru rt r' cu. tt . .-, ^ - i:_ ' Judge McCord.-M; C. r;^ "«: ^"* "^"antne, i^, 1 immove- SCHOOL TAXES AND CONTRIBUTIONS. 115 descriptions of lands entered therein, or in the calonln A declaration testifying to tlie accw^apv nf *k complaints have been miaes^h ^S'f'M'onera, and when no any other fomali^aS^^jf^f ^» ^l^ "V'o./o^ce, without been riven. Schoi'comZ^^tofflf^^.°l 'te deposit bag S, 1^ I of 51-62 Vic.) I chap. 36, 116 SCHOOL LAW. § 2. — Collection of Taxes hy means of Seizure* 85ft. After the expiration o£ twenty days from the said delay of thirty days, prescribed by article 353, the collection of the school taxes may be enforced by the school commissioners or trustees either by suit or prosecution, or by a warrant of distress, or by adjudi- cation and sale by the municipality of the property liable for such school taxes.* K. S. Q., art. 2137. • Hdd .'—That a usufructuary is responsible for the taxes. The, Corporation oj Uie City of Montreal vs. Comant. 8. C, Mont- leal, 1872, Judge Baudry'.— R. C, vol. 2, p. 482. Held : — That the Corporation of the City of Montreal, ia ex- acting under threat of execution, the tax imposed by a collection roil apparently clothed with all legal formalities, but which was subsequently set aside by the courts, was not in *• bad faith " within the meaning of art 1049 of the Civil Code, and therefore was not bound to pay interest on the money from the time of receiving it, but onljr from the date of the action en ffyitition. Wilson et al, vs. The City of Montreal, C. Q. B., Mont- real, 1880.~L. C. J., vol. 24, p. 222. JJeld : — That a corporation's claim isextinguibhed as regards the debtor personally, by the sale through an assignee, of the hypothecated property. That a corporation is liable in damages for an illegal seizure of the debtor's effects in these circumstances. That in an action for damages against a corporation for an illegal seizure, the corporation is not entitled to a month's notice of action under art 22 Code of Civil Proc. Blain vs. The Corpo^ ration of Granhy, C. R., Montreal, 1873.-^R. L., vol. 5, p. 180. i/tf/rf:— That municipal corporations are strictly bound to follow the formalities prescribed by law, to have the right of exacting from the rate-payers the payment of their taxes, and, particularly, when they want to seize the defendant's move- ables ; That the public and private notices, which municipal corpo- rations must give, are formalities, which take the place of the ordinary legal procedure which it is necessary to follow to have thejright of seizing the moveables of a debtor. That in an action for damages by a rate-payer, against a cor- poration for illegal seizure of his goods, the corporation must from the bicle 353, forced by y suit or y adjudi- property 137. the taxes. >. C, Mont- real, iirex* sed by a Drmalities, was not in Jivil Code, loney from i action en . B., Mont- as regards nee, of the l&i seizure ion for an th's notice The Ctyrpo- >, p. 180. bound to e right of eir taxes, nt's move- ipal corpo- ice of the »w to have insi a cor- ttion must SCHOOL TAXES AND CONTRIBUTIONa 117 tax^ef Jy ^Z.roT£L^^: -llection of school ood sale of the Jancl« 1 « I l!f!h * J*® adjudication secretury-treLu^tr ill " '^^^^^ °* rate-payers, the of the sihoolUxeL erite id In .^'"'""r^*'* P-^J^n^nt remaining unStrS he'J^nl' tZt' T same, by serving or causing to iT^ ed u™^ H *^^ ' due by them. ft. S. Q., art Statement of the sum 2137, §2. . ra*-pLl"tTellTni Vf**"*^' f' ^^^P^^t^ resident with Ve Sdi^dt. o whonT^is'L*f' "^f^ '»"«"« or wi. a reasonaUe ^^^^^^^^^^ c.paHty,a_copy.he.ofr^^ prove that the seizure was lenAi tmA n.^* ..n -n «. quired by law were strictly observed nnLV/^^ formahties re- liiat such rate-payer ni his^decKion h^^'-^^^l'"''"^^ ^^'^ ^"ct ttie seizure was illegal aud mllic[oa« J/h^^ T'^^^ .^^^^«*^^^ t^^t cilic accusation of non-observii?rrfV^ T- '"^^"'^ a"y spe^ f^^^^U'^^^^^^^ legally lie iress signed by the mavnVfA i^l i ^^ °" ^ warrant of dis- to which wriKrwohibition wmiSf»S^'-!J,''^*"°' '"•'O"*! jurisdiclion. Jam^An^^ ^«« *^S" '' '"» exceeded its 'Richelie^ 1869:rdA LSe^B* r '"^ 'i~'^""^ C. X, vol. 20/p. 171. '•'*'^'"^*^* ^» *«• B.. Montreal. 1876.— ; i^i 118 SCHOOL LAW. I ' W? j^' '^^^^^ to the individual for whom it is intended at the plaxie of his residence or business." • ,??/*''■*"<''» special notice and that for if» service shall be fixed by resolution of the Xol com! F^Tu.) '"^'""^ ^ ®- ^•' '^ 2137. § a' *S. demfn*H ^'.f^'^^^^^^"". ^y« »«^t following the if^ffi^ T^* ^^^""^ ^P^**' "otice, the sums dne and incTJ^H ^r''S ^T '*°* ^«° ?«'«>' ^'th the costs incurred thereby, the secretary-treasurer may Je.v them by seizure and sale of the goods and chattels o'f £ ?S'of 1'^ ''T'r ^'^^^'^y ^ found within 2137 ™4 ''^^^ municipality. E. S. Q, art 3C2. The seizure and sale mentioned in the fore- going article are made under a wamnt signed bv tlio ad^"^ to f r T^r' commissioner or tSeeT a*,^ addiessed to a bailiff, who executes it under his oath of office, and according to tlie same niles and under the same responsibilities and penalties, bb a writ of To aS* iti'\V''%'^ ^S "'« ^'"^ Courlt R fc>. y., art. 2137, § 5. (See Form No. 12.) wife ?^^-7j''a** to';;"o^'rt^f a^SnSTnVii&lf ^■"^'^ *° » t -"i^^ti .-—That ID the case of sejznrfl nf hniio^it^iS^ ' P*. ™- for school taxes there are no ?eg^ ei?mnfinS« t^^H J"/" SJ^'? ?>!;'"^^^*?'^ withou/excefcTn^^^^ j£on "'"^^^^ ^-^ ^^^'^- C. C, Waterloo, ISerJudge w.rfS;I5TA^;:!?*^?f.^¥?«gi"g to plaintiff. .^;,ar.. c?. 6W h«nri IV. rr*?- """" ■^r'-'^^'^* aomicue for taxes due bv her Iins- arraattx-s^ss.%-^ai£€5 SCHOOL TAXES AND CONTRIBUTIONS. 119 *r,«ftfo .^« <*a^™an of the school commissioner^ or Z^^tu }^. .® ^•»°°' corporation, in whose in ^THl^%t^^r'^ »« «"«1«- R- S. Q., art. 2137 8 6 Such notice must also state the names and auah-tv siif R aT:rtti3Tfr%r r'C^-" ^ open the same, the bailiff' may, by an ord?r nf n cha,n„an of the school commi^'ionU or S,st^e« Sr of any just.ce of the peace, cause the ^me toTm^;^ by the usual 'means in presence of two witne^s'w^S! all necessary force. R. S. Q.. art. 213U & S S.—Oppontiona to Seizure. payrscfitlt^C^ertl^^^^^^^^ ^ has already paid, and '^^ZnlJl^T^'^J^^ ownership or a privilege on the property "sei^edt^.^f stroy the separate possession which DertainA i^ 4\.^ -c ated as to property.G^rftfn Pt^^i^T f?^!^ 5^,1"® ^*f® separ^ Monfr*»ai ifift7 1. ^ ^4*^ ^^^^* w. Ifie City of Mfmlrml S n Montreal, 1887. Judge Johnson.— L. C. J., vol 22 iTi^ft ^'' 120 SCHOOL LAW. [||PII «^! If I 8«r The opposition to the seizure and sale must be supported by an affidavit attesting the trX offi allegations it contains, and be allowed by a jX of the bupenor Court or the clerk of the Circuit Cofrt of the county or district, or the clerk of the maoistrlw court in the district in which the nTunTdpamy is Older to the badiff to return the warrant of distress ^rhi^hl P'^tf >^ *? "^« court whence issued thi jvm with n eight days from the service, if issued by the Circuit Court, or at the next sitting of the n,ae granted unless a deposFt of fivf dollars be made m the office of the sec.^tary-tre«lurer or of a .sum e.,ual to that claimed in and bT the w^! Krt'S,n'"^ ""* '""^^ «^« dolfar.^ Ts. ^ 2 Such sum shall be returned to the person who paul hesame if the opposition is declared vdidTif eut:i.^'t i^z'isi rr""' °* '""^ ^-*^ - 36». On the service of an opposition and order on ,J»!i. as above nientioned, the bailiff must stay ht pi^° Ceedings^ and he must return the warrant oi distma «uKl a 1 his proceedings thereon before the (^urt S tioned m the order within the eight days next Mlow- J }^^ opposition is to the payment of «ie proceeds of any sale, the bailiff must S'^ver ^e money m his hands, after deduction of the o^ts^ seizui-e a?id sale, to the secretary-treasurer who ^^ves the same on deposit. R. S. of art. 213^'§ 5 QCcSdiKlr„'^?"'^''l'''°*}y ^"^ ^'^ « secretary- S"sLrd.*"iVtE3tW^°'^ '''' ^"^"^^ § 4i.— Annual statement of Tuxes due. 374. If ordered by the school commissioners or trustees, the secretary-treasurer must p "pareTn thf course of the month of November in^Tery'vear a statement of the school taxes remaining due 6v aw'nt rate-payers and by resident rate-pajirs and at the same time a statement of the school taxe^'dTbyiS dent and absent rate-payers, with respect L whom either a wariunt of distress or a writ o/execution C been returned unsatisfied, and of anv co«f , "_!? ana unpaid; aowing the names and qualTtiesoTsueh rate-paye,^, and a description of L S li£ < I V 122 SCHOOL LAW. according to the valuation and collection rolls R S 371''^//^^* ('^^^ «^^- 413 and Municipal Code, art. 375. Such statement shall be submitted to the of b thTem""^^^*^"^^ ^'* trustees, and must be approved It shall then be transmitted by the secretary- treasurer, before the twentietl. day of Decemljer to the secretary-treasarer of the county council; and the latter shall proceed to the sale and adjudication of the lands mentioned therein in the same manner and with the same effect as in the case of a statement of municipal tax arrears transmitted by the secretary- treasurer of a local municipality. The secretary-treasurer of the county council shall pay over the amounts recovered t<> the secretary- treasurer of the school commissioners or trustees* K. b. y., art. 2140. &.— Collection at the same t ime as Mitnicipal Taxes. ^u^^^' ^"^ ^^^^ municipal council may accept from the school commissioners or trustees of any school *»an iSI I'r^^f * personal action for arrears of school taxes can be taken only against the person who was the proprietor o? occupant of an immoveable at the time when sS tSxeJ were imposed, and that the subsequent purchaser or holder Se?X?r«f V-""tf"^ *^" re?overy^of ar,la«' whicb^h'/d ^roft'chiZovel^We.''''""^ proprietor, or tiers rUt.. That the costs of a puit for taxes brought ao-ainst the rrn. prietor of an immoveable cannot be recovered fr'om the suK^ q^ient purchaser or holder, of such immoveabirby a"nS fi.a??*4K *^^ ^^^ ^^ * privileged claim like the tax itself but that both tax and costs are a privileged claim onlvnn+li' i^ movea_ble. m Scliool CommiF^r^F3 ^l^'SL-S^l ?? S.li?^" a U, Iberville, im, Judge Chagnon.-RL.:vZ H,'^ lir"'"' SCHOOL TAXES AND CONTRIBUTIONS. 123 municipality, situated within the limlf« r.P *k i , mumc pality the school coUectTon Si o^^^^ extract thei-efiom and mn,, j>„ i fi' ,* certified the collection oUhe aclZi^.I'^f 'n*l°'*' ^^^"^ ^^ same time ^d in the ^n!!** ''"'" ^ '^'^^ ** *!»» -.unieipaltaxel V^jZ^L^^ZeV^'^^f *^^ amount,sosoonasheWollectedtrelCK *''" ?*^ manner, cause a new tf x tV^. ^*'*''- T" * ^"""nary whith tte, tav. Sea JSi "" t*""^ '" 87S. The school com itinnnytMi nnAJta c: "».. r- missioners for any school muni- ? i_ 124 SCHOOL LAW. cipahty shall alone have the power of levying taxes on the lands and real estate of corporations and incor- pomted companies; but they shall annually pay over to the trustees a portion of all the taxes levlecf by them on such corporations or companies, in the same pro- portion as the Government grant for the same year is divided between them and the said trustees. 2. Ihe portion of taxes levied for the buildino- of school-houses and for the payment of debts thus paid over to the trustees afor-^.id, shall be set apart by them for the building c. repairing of their owi school-houses. R. S. Q., ui.. 2143. 87». No religious, charitable or educational insti- tutions or corporations shall be taxed for school pur- poses on the property occupied by them for the objects for which they were instituted; but. on all property held by them or any of them for the purpose of de- riving any income therefrom, they shall be taxed by the school commissioners or trustees of the religious majority or minority to which such corporations or institutions belong, and to the exclusive benefit of such majority or minority, or in conformity with the ff effect""^ *^^^ '''' ^^^ ""^ ^^"^ may make to When the religious body to which such corpora- tions or institutions belong -; not apparent, and where no such declaration has been made, then such last men- tioned properties shall be dealt with in the same manner as provided in the preceding article for the properties of other corporations and incorporated companies.* R. S. Q., art. 2144. (See art, 2i5) w,o,-fi,"?{^* 1^*^'^^^°"^ ®<^"cational institution, bavini? neither branch nor school in a municipality, in which t nosse^? fes real property, the nrodncte nf .vh".]/V^" rLJ.?ii^^P_T.^® bother House, situated inanoti-^- mTniiipaiu;;hdds^ SCHOOL TAXES AND CONTRIBUTIONS. 125 intention of divTdWhuTvTr '^''d trustees his the trustees sucTparrand ' ' '""l-'^^H P'^Y over to said proprietorta/^r.? ^T^:Jtn7l " *'^ § 8.— Special Taxes. tot^'vS^nTy Soollunf^ T^ '^''^' *-- the payment oftleXbte inZTKh? ^l^*T* '°^ J^^ -tei^tvlde'ltr ^-Y V a cipalities, or the limits of whiohh!, '"'° ««veral muni- altered, the superTntendIt 1 n '^*° ?«bsequently ment of such deU or deht 1 "^1,*^?°'"*'''° *he pay- municipalife itllT ft tS%'^^^^^ perty IS subject to mnnicinalomi'ou.?'' "Jerefore such pro- 0/ the Village o/^ GafrJgf?r^Si;l°1'*n^'^ *'*f (^<^»?'«- Held .-—That tli8 exem nfi,fn f ""' ^. ^»''<='>' 1886. " edncational ins«tuS*drs S^? m^^i *«^«« ^-Joyed by for special purposes. asforThecoL™^/"* *? taxes 'imposea -L. C J., vol. 32, p. 13, LS M L ¥ b B* ^' Montreal, iM ■ngjudgment of J&ge TorraMe inq' r •' ^"?'- *• P- ^ (revera- L. R. 8, C, vol. 1. p.^460) ™„Tfi:.".,^;S °J?.':^»»»« «• dU M. -age i^ranger. (M. L. R S. C.,-voi: rp'^^;U"n.,To^?: 1 fr 126 SCHOOL LAW. V I sowTi.n^^^^^V ""^y °* judgment condemning a served at the office of the secretary-treasurer of such it'^l ^f-To^Won, he must forthwith cZ?ne a mS in« of the school commissioners or trustees who must orSer the payment of the judgment out of a^y funds at their disposal appropriated^r that purpose or if fhnZ »Tt.,°° *r'^ "appropriated for that object, ann V nfhf *^*'- t'P?'*' T '"^sufficient, they must X.^, i superintendent for authorization to levy S. Q art 2U7. ^''^ '^' '*'"''"'^' "^ *^« J»<^S'»«'''- ^ »83 If the superintendent authorize the levvin? li T'^'J^f '"• '''P' '•"'" ''^ '^l^^" without dela? ;,9rort=nrrarai'ir&- 384. In each of the following cases the iudl.««>'Poration the whole ri«v.A ' ~rr' r""*"'*"*"^ «iue, as me case mav be of iha. debt, with interest and costs, indudin^loS' of £e 1 1 c 128 SCHOOL LAW. * ■■ i! jud^ent and the subseouent costs incurred bv annor perty, in the school municipolitv liable tnr tvZ judginent in proportion to its valued' ^' ^;Z^ ^ """""t *** "'« »™<""»t levied and of his proceedings as soon as the amount of the debt interest aiid costs Tias been collected, or from time to trme^ asT'^nT^ J'^fS R- S. Q., art. 2152. ^ »»». The sheriff shall, on payment of the usual fees, procure a copy of the valuation roll in foreefrom the secretary-treasurer of the local muniStv i^ which the school municipality is situatTaTon^the refusal or neglect of the secretary-treasurer to furnish such copy the sheriff is authorized to tXe posseS :i:t b^tsr ""^ ^-^ *° -^^^ ^ -^^ -^° = If the sheriff' cannot obtain the valuation roll or if none exis , the sheriff proceeds to make a valua ion of **'«3*^^^^'?,P':operty himself. R. S. Q., art. 2"53 „ X- • /.T *ees and costs of the sheriff on the exe- cu ion of the writ of execution shall be fixed by an order of the court or of a judge thereof : and such fees and costs with all lawful disbursements, are added t^iJ?: • } ^''^"ff^all proceed to apportion the sum to be levied on all the rateable real properi^v in tC school municipality in pn,poition to ifs?al7by the *;**',■. ?^f *«"ff shall publish such special collec- tion roll in the manner required by article 352 and following, and on the day fixed for^ such pui^se he '"" "* ""^ «cviuu an compiaints made either in SCHOOL TAXBS AND CONTBIBUTIONa 129 amount entered on the soeckl "i^."^'^*",,*'""^* *he art. 2157. . °" ^"^ «P««al collection roll. R. & Q., of 1h?unclttfp:t" Tat: L'r"^ °' p*^-* notice to be served uno„ ♦h! ' 7 '^"S"*? a special witha stateS ofTe is'da?r?H'" •^^''*'^*' tt.^2lS^ — ^-^-^ ^' alle^'aS). Ts: 394. If, after the fifteen days next follnwin,, +k prescribed by article 359 and folCL bSlh^hT^ seizure or s^e or' t^^K "''^ *" opposition to the thereof Zr-ThL .the payment of the proceeds tnereot, tor the causes, m the manner and to tie ends mentioned m article 366 and following. RS.Q.,art «,f"*j^^®'?*"*^^'''^'*»"«ct the unpaid taxes of Chattels. and=orno;3enr.^rbyS c 130 SCHOOL LAW. I a^d with the same effect! aC havt^S? ^?^^ or caused to be made or given thr ™,K1 ^1- ^"'®? notices required to be mai or riten f ^^h'**""'\ *°*^ tr(>nj3iirAi> /»* 4.k„ . "" "«««e or given by the secretarv- treasurer of the county council. R. S. Q., art. 2161 «»7. If any land ^d jrtised to be sold hv tJ.. shenf is advertised to be sold on the same dav hi II ««« ^l ^'?**^".*'®*'"''«"'- R- S. Q., art. 2162 «l,5i f ^«^ f demption of lands sold W the sheriff »»». The sheriff must transmit a codv of h\. » S.r^i*"?'^'" '*""*''' ^ *•>« l»ands of the sheriff t>or*/marr^^re'i'°^t*'«:«"»-l -'P^- «wi. Ihe sheriff may obtain from fh^ *»r.»,,* « ««^. The, sheriff shnll Ka ^«fif u^ 'i.!- SCHOOL TAXES AND CONTIirBUTIONS. 131 or of a judge tCLf „™r -l " °''*'^'' ^^ ^^e court adjudicaiioTof 3 Ll^f ''T"' '° *''« «»'« *"'■ perty may with fl.o oMfk"^^* creditor, such pro- tendit, ^ sSdt'd sodT/r °r''" ^"P^""" pre^ribed in the Code ofclv I Soeed'Jr^ """""• The moveab e effppf« nf *i,. '^i-euure. the possession of a hSd party and dlT^T "? '« may also be attached and ^o)/ J^ 1 ^'* """^ *» '* R. S. Q., art. 2169. " *''^ "*•"« manner. § 9.— Voluntary Contribut ions. WW ! c:. II* 132 SCHOOL LAW. M school district, may, in the said month of September, pay, as a voluntary contribution into the hands of the secretary-treasurer, the sum required for the school year then commenced, to equal, the amount of public moneys granted to such municipality out of the school fund, for the said school year. R. S. Q., art. 2170. 406. The payment of such voluntary contribution shall be attested on oath before a justice of the peace, by the secretary treasurer and by the chairman or some other of the school commissioners or trustees of the said municipality, and such attestation shall be transmitted to the superintendent before the tenth day of November. R. S. Q., art. 2171. 407. The secretary -treasurer shall not receive the amount of the said voluntary contribution by portions or otherwise than in one and the same pa3anent. He shall hold the said amount in lieu of the fund which would have been raised by taxation for the school year so commenced, and the said tax shall there- upon be inoperative for that year in such school muni- cipality or district ; but the monthly school fees, and any tax imposed for the erection of school -houses, shall be levied upon the school municipality or district, when they have not been voluntarily paid. K S. Q., art. 2172. SECTION VIII. COMMON SCHOOL FUND. § 1. — Distribution and Application of Common School Fund. The sums UUiUXUVU coxiSoii/uung fund of the Province may be paid to the superintend- ent in two semi-annual payments, under two account- COMMON SCHOOL FUND. 133 able warrants to the Provincial Treasurer to be issued by the Lieutenant-Governor. Tlie superintendent shall deposit the said sums in rachl)ankas the Lieutenant-Governor in Council may airect, and shall apportion the same according to law among the municipalities ; he shall pay to the school commissioners and trustees the respective sharers be- longing to the mumcipalities they represent, by cheques drawn Ufwn such bank and made payable to their order, and shall account according to law for such moneys. R. S. Q, art. 2173 40» The superintendent shall pay their respective shMres to the several boards of school commissioners fi-'^^^rustees m two semi-annual payments. The school commissioners and trustees may direct the payment, out of the general or local school fund in their hands, of such contingent expenses as are not '^^i^ ^nP'^^'^l^.^,^ *^^ ^y ^^'^ ^^^- R- S. Q., art. 2171 ««. lo entitle any school to its share of the general or local school fund, it shall be requisite and sufficient; 1. Ihat it has been under the management of school J^I^Y^isswners or trustees in the manner directed by 2. That it has been in actual operation during at least eight months ; ^ 3. That it has been attended, saving always article *11, by at least fifteen children (periods of epidemic or contagious diseases excepted) ; 4. That reports have been made to the school com- missionei^ or trustees, by the teacher, and by at least two ot the commissioners or trustees ; 5. That a public examination of' the school has taken place; 6. That a report signed by the majority of the school commissioners or trustees, and by the secretary, treasurer, has been transmitted to the superintendent "»;, 131 SCHOOL LAW. evory six months, the first before the fifteenth day of January and the second before the fifteenth day of July, in each year; 7. That a sum equal to the grant made by the Legislature for the municipality has been raised as herem provided, saving article 413, respecting poor municipalities • 8. That teachers with diplomas have been employed therein; 9 That the teachers have been paid every six months; 10. That only those books authorized by the Roman Catholic or Protestant Committee uf the Council ot Public Instruction have been used ; 11. That the regulations of the Council of Public Instruction or of the Roman Catholic or Protestant Committee, as the case may be, and the instructions ot the superintendent have been observed R. S. Q., art 2175. 411. If, however, the school commissioners or trus- tees have endeavored in good faith to carry out the law in a municipality, a share of the school funds may be allowed for each school where there are at least fifteen children of school age in the district, although the school has not been attended b}' that number throughout the school year. R. S. Q., art. 2176. 4155. The school commissioners or trustees, who have bond fide engaged a teacher for any school dis- trict, may pay to such teacher the remuneration agreed upon, although the number of children who have regu- larly attended the school has not been sufficient ac- cording to the provisions of paragraph 3 of article 410. R. S. Q., art. 2177. -»«.*». xxj wiOugii, in poor niunicipaiities, tiie amount of the tax actually levied falls short of the amount required by law, if the school commissioners or trus- COMMON SCHOOL FTJND. 185 tees have, in good faith, carried into execution the provisions of the law, the superintendent may, upon a representation to that effect, and upon proof of the facts to his satisfaction, exempt such municipalities, or any of them, from the payment of the whole or of gart of the tax for the current year, and in that case e may grant them the amount to which they would otherwise be, respectively, entitled out of the common school fund ; but such exemption shall not be granted, unless such representation be supported in writing by three of the school visitors of the municipality in question (other than the school commissioners or trus- tees), or of the neighboring municipalities, who must certify that they have a personal knowledge of the facts alleged, that the school laws have been bond fide enforced in such municipality, and that they have themselves visited the schools therein, and are satisfied therewith. R. S Q., art. 2178. 414 The sum annually voted by the Legislature in aid of poor municipalities shall be distributed by the superintendent according to the division made by him, and which has been approved by the Committee of the Council of Public Instruction of the religious faith to which such municipalities belong. R. S. Q., art. 2179. 415. Any sums of money which have not been ^ specially appropriated by provision of the donors, ven- dors, or others, and all sums arising from the allowance for schools, school taxes, and from any source other than monthly fees, shall form the school fund in each municipality under the control of commissioners or trustees, respectively, and shall be divided, distributed, and employed by them: 1. Either in proportion to the number of children from seven to fourteen years in each school district residing therein and capable of attending school, or 2. By making a common fund, out of which the t:: 136 SCHOOL LAW. HI ik school commissioners or trustees shall pay the expen- ses occasioned by the payment of teachers salaries, the maintenance of school houses, the purchase of books, school furniture, and other contingent expenses. R. S. Q., art. 2180. 4l«. The school commissioners or trustees, after having adopted one of the two methods mentioned in the preceding article, cannot change it within two years unless by the authority of the superintendent. In all cases, the school commissioners or trustees shall deduct from such school fund a sum of eighty dollars for the support of a model school, if there is one in the municipality, in addition to the share which such model school is entitled to receive from such fund. R. S. Q., art. 2180, § 2. 417. The girls' school established under articles 281 and 282 shall be counted one school district, and the inodel school as another school district, without preju- dice nevertheless to the grant of eighty dollars men- tioned in the preceding article. The share of the moneys to be allotted to the said girls' school and to the said model school, respectively, shall be determined by the number of children of the age prescribed for attending school, residing in the school district in which such model school or girls' school is established. R. S. Q., art 2181. 418. The superintendent may retain, out of the school grant to which any municipality is entitled, such sum of eighty dollars, to support a model school in such municipality. R. S. Q., art. 2182. 419. The superintendent may refuse the school grant, for any year, to any municipality in which the school commissioners or trustees have not rendered sufficient accounts, accompanied by vouchers, of the application of the school moneys for the years pre- COMMON SCHOOL FUND. 137 ceding, or for any one of them, whatever be the source whence those moneys were derived. R. S. Q., art. 2183. . 420. The superintendent mav refuse to pay the whole or any part of the share of the common school fund, which would otherwise be payable to any school municipality, if his instructions or those of the Council of Public Instruction or of either of the Committees thereof have been disobeyed, or if unqualified teachers have been employed by the commissioners or trustees, or if a qualified teacher has been dismissed by the school commissioners or trustees before the end of his engagement, and for no valid or just cause. R S. Q., art. 2184. 481. The superintendent may pay out of the said share of such miinicipality such indemnity as appears to him justly due to any teacher so unjustly dismissed. R. S. Q., art. 2184 433. Out of the permanent and additional legisla- tive grant for school purposes in this Province, the following sums may, with the approval of the Lieutenant-Governor in Council, be set apart and ex- pended yearly by the superintendent, for the following purposes, that is to say : 1. A sum for special aid to public schools in poor school municipalities ; 2. A sura to encourage the publication and circula- tion of a journal of public instruction ; 3. A sum towards forming a fund for the support of superannuated or worn out public school teachers in the Province, under such regulations as may be adopt- ed from time to time by the superintendent or by the Council of Public Instruction, and approved by the Lleutenant-Qovemor in Council. R. S. Q., art. 2185. 188 SCHOOL LAW. li '1 . % ^.-^Application of Local School Fund i/n certain cases. Any sum of money whatever arising from the general or local school fund, which is not employed or paid by the school commissioners, trustees or secretary- treasurers, during the year in wMch it is received, shall be by them deposited or placed out at interest, to be employed in creating revenue for the corporation. This provision shall not extend to the deposit, directed by the next article, to be made of the share belonging to any school district, in which there is no school in operation. R. S. Q., art. 2186. 424. If in any school district there is no school in operation, the school commissioners or trustees shall deposit the money, to which such district would be entitled, at interest in some savings or other chartered bank, where, with the consent of the rate-pa} ers of such district, they shall allow it to accumulate during a term which shall not exceed four years, to be there° after by them used either in the purchase of ground for, or in building, a school -house, or towards other educational purposes in or for such school district. R. S. Q., art. 2187. 425. The superintendent may authorize the school commissioners or trustees in any municipality to apply tlie share coming for any one year to any school dis- trict, the inhabitants of which have contributed nothing or too little during the same year to the com- mon fund of such municipality for school purposes, in such manner as the superintendent shall direct, for the advancement of education in such municipalit} instead of depositing the said share in a bank. The amounts already placed in any bank for any school district in like cases may be Aealt with in like manner, and the shares coming to any such school dis- PROSECUTIONS AND PENALTIES. 139 trict which have been in like caseBf^pplied^ by the school commissioners or trustees in any municipality, with the consent of the said superintendent, are here- by declared to have been legally and properly dealt with. R. S. Q., art. 2188. SECTION IX. PROSECUTIONS AND PENALTIES. 420. The school commissioners or trustees of any school municipality may institute such suits or pro- secutions as they deem necessary respecting "ijcliool taxes and monthly school fees, and for all arrears of the said taxes or monthly fees, but such arrears are prescribed by three years. (See note art. 214 and 375.) R. S. Q.. art. 2189. 427. All such suits or prosecutions under the pre- ceding article, may be instituted cither before two justices of the peace in the county, or before the Circuit Court, or the commissioners' court for the sum- mary trial of small causes for the parish or township, or before the magistrates' court of the district, pro- vided the amount does not exceed the lawful jurisdic- tion of the said courts, but not before any other court. In all suits or prosecutions, judgment may be rendered with costs. R. S. Q., art. 2i90, §§ 1 and 2. No judgment rendered upon any such suit or pro- secution shall give rise to an appeal, or to the issue of a writ of certiorari* R. S. Q., art. 2190, § 2. * Held .-—That school taxes cannot be sued for in the Superior Court. The School Commimoners of SUtery V9, Gingras. C. Q. B., Quebec, 1880.— Q. L. B., vol 6, p. S56 and The Corporation of the rr !..•„ ^/ A^t^^ ..m V.Jt^n_ in "R M'>"*'«»al 187<)_ — T.. CI .T.. vol. 24, p. 113. . . *n Udd .—On a declinatory exception in an action for %1\ due 140 SCHOOL LAW. ill I ■ 1 . I c.v.« ?® chairman of any board of school commis- «t ^?i? ?F *"^?Jf es shall not engage in any suit at law, as plaintiff, without a special authorization from the commissioners or trustees duly entered in their register after deliberation. R. S. Q., art. 2191. ^ 4SMI. Every action may be brought either by the chairman or by the secretary-treasurer in the name of tlie corporation, in the discretion of the board R S Q., art 2192. 430. Every person duly called upon to accept any office or perform any funoUons under this law, who rcluses to accept or neglects to perform the same or ^fTh^lV^^'^'TVK^^^*?^^^.'^^^*^^^^"^^ ^^' provisions ot this law. shall thereby for each such offence, whether 01 commission or omission, incur a penalty of not les^ than hve dollars or more than ten dollars, according to the gravity of the offence, in the discretion of the court or authority having cognizance thereof.* R S. \l , art. 219o. f?7o* ?i!^®c imFwsed on the immoveables of the defendants that the feuperior Court has no jurisdiction to hear suite fo??he recovery of school taxes. The ScMCommvmon^lofHocVaal yA^v, m: ^" ^*°"^^^' ^^^^' ^"^« Torranci.-L aT Held :--l.,On a writ of cerHoraH to quash the decision nf o court of inferior jurisdiction, in the matterof school texe? th^t 'J}.Z^f^^^.^m^^^t observance of legal fSt^fbyt^^^^^ 2. That if the regulation U not regular rate-uavers an not obliged to pay a tax imposed by .uch1Sgala«on:'^'^ *" ""* „,i lu u *° **'!°° *»^®" againrta rate-payer mnstsDecifv Knt^T^ ''iV' "}^ "* proprietor. poeseaaor, or SmumS. X^ */ffW .-That in any action taken under the provisions of PROSECXTTIONS AND PBNALTISa 141 Jommis- at law, om the register by the lame of R S pt any w, who ime, or visions hether lot less ording of the R S. ndants, for the tfietaqa •<• C J., n of a 8, that by the ave a 3n, by 'h the re not pecify faude* inthe, lis of 481. Any justice of the peace residinc; within the county, as well as the Circuit Court, shall have juris- diction with regard to such offence, and may, after judgment, cause the penalty to be levied, under war- rant, by the seizure and ' a.le of the goods and chattels of the offender. 2 The amount of every penalty so levied shall be paid into the hands of the secretary-treasurer of the corpora- tion of the school commissioners or trustees of the local- ity in which the offence has been committed, and shall form part of the local school fund. R. S. Q., art. 2194. 43!d All persons entrusted in any manner with carrying this law into effect, or qualified to vote at the election of school commissioners or trustees, shall be competent to prosecute for the recovery of such penal- ties R. S. Q.. art. 2195. 433. If any school commissioner, or trustee, or other person make any false certidcate or return, by means of which he fraudulently obtains, or seeks fraudulently to obtain, money from the public school fund, he shall not only restore the money so obtained, but shall also incur a penalty not exceeding forty dollars, nor less than ten dollars, which shall go to the local school fund, and which shall be recoverable at the suit of any person having an interest in the right administration of the public schools, on the oath of one credible witness, before any justice of the peace or before the Circuit Court* R. S. Q., art. 2196. art 125, chap. 15 of the R. S. of L. C. (art. 2193 R. S. Q.), it must be alleged that the offence was wilfully committed. Awlelte dit Tjapointe et al, vs. Duhamel. S. C, Sore 1, 1869, Judge Loranger.— R. L., vol. 1, p. 52. * Jfeld : — ^That the secretary-treasurer of a board of school commissioners, who makes a false report in order to obtain the government grant, incurs a penalty not exceeding forty dollars nor less than ten dollars. Pacaud vs. Roy. C. Q. B., Quebec, 1866.— L. C. J., vol. 12, 1). 05. 248 SCHOOL LAW. ic:; ,»•• ll ■ m ^^\ *^® penalty provided by the preceding article be not paid within ten days after judgment, it shall be levied, with costs, by seizure and sale of the goods and chattels of the defendant. In default of sufficient goods and chattels, the defen- dant may be committed to the common gaol, and de- tamed therein one day for each sixty cents of the amount of the fine and costs, or of the balance which may be due. R. S. Q., art. 2196, § 2. 48fir Every person who, voluntarily and intention- ally, t-oubles, disturbs or interrupts any school oi educational institution by indecent, improper or in- jurious expressions or conduct, or by making any noise in or near such school or educational institution so as to disturb the classes or the school, shall upon summary conviction before at least two justices of the peace, be condemned to a fine not exceeding twenty ' dollars and costs, upon the deposition of one credible witness. Such fine shall belong to the school commissioners or trustees of the municipality, as the case may be and shall be by them employed for the benefit and advancement of education in their municipality R S. Q., art. 2197. '^ 436. If any school commissioner, trustee, or secre- tary-treasurer, after dismissal, or retirement from oflice or any other person whatever, retains, keeps, or takes possession of or refuses to deliver up, any book, paper thing, money, sum of money, insignia, or any object belonging to the school commissioners or trustees of any school municipality, he shall thereby incur, for each day during which he retains, appropriates or re- fuses to deliver such book, paper, thing, money, or sum ot money msigma or any other object whatever, a ~~o "'x, is" "'"""^ ''"'*" "* '^ '^* mure iaan liweaty dollars, buch fane may be sued for And be recovered in one PROSECUTIONS AND PENALTIES. 143 and the same action, after notice from the superin- tendent ordering him to deposit or deliver into the hands of the person indicated in such notice, which may be served by a bailiff of the Superior Court, upon the person mentioned in the notice, either in person or at his domicile ; and the said bailiff shall make his return of such service to the superintendent, under his oath of office, and thenceforv/ard the said notice or retvm shall be authentic. R. S. Q., art. fil98. 487. The superintendent may, in tho same action, demand the return of such books, papers or tl.'iigs, money or sums of money, insignia, O': other objects whatever, and the defendant may be condemned there- to upon such penalties as the court may inflict. The judgment shall in all cases caiTy costs and shall be executed in the usual manner. The Superior Court shall alone have jurisdiction to hear and decide such actions, whatever be the amount. R. S. Q., art. 2199. 4SH. The fine to which the defendant shall be con- demned under articles 436 and 437 shall be considered as a personal debt against him, and the court may con- demn the defendant to be imprisoned, in default of payment of the fine, or in default of the defendant returning, within the delay mentioned, the said books, papers, things, money, insignia, or other objects what- ever or any of them. R. S. Q., art. 2200 439. The said fine shall be recoverable before the Superior Court, and, as soon as recovered, shall be paid over into the hands of the superintendent, who shall deduct the expenses occasioned by such suit, and the balance shall form part of the common school fund and shall be employed as such. R S. Q., art. 2201. 440. All actions brought under article 436 shall be m tne name oi i/ne auperiiiuuiiuuuw. i--. o. \^., ai.**. a-v-. 144 SCHOOL LAW. CHAPTER FIFTH. SUPERIOR EDUCATION. 441. The superintendent ^hall annually apportion to and amongst the universities, colleges, seminaries, academies, hi^h or superior schools, model schools or educational institutions other than the ordinary elementary schools, the whole or such part of the said graiits for education, according to the recommendation ot the Roman Catholic or Protestant Committee, as the case may be, as the Lieutenant-Governor in Council prescribes, and in such proportions as the Lieutonant- uovernor in Council approves. The grants so apportioned shall be paid by the Pro- vincial Treasurer, on the warrant of the Lieutonant- Uovernor to the superintendent, who shall pay the same to the respective educational institutions above ""^^^oned entitled to them. R. S. Q., art. 2203 . f *r. The total aid to universities, classical colleges, industrial colleges, academies and model schools grant- ed under the provisions of this law, shaU be divided between the totality of the Roman Catholic and Fro- testant institutions respectively, in the relative pro- portion of the respective Roman Catholic and Protes- tant populations of the Province according to the then last census. R. S. Q., art. 2204. I ^f?' ^"<^]j g^°<»' so made out of t'.e income fund, sliall be for the year only, and are not permanent. Ihe Lieutenant-Governor in Council may attach to them any conditions which are deemed advantageous 1 onn. . i'®^*'^^® ^* superior education. K%, Q., ai-t. 2204, § 2. ^ 444. The sums paid over to the Provincial Treas- txis. 2.r:iti:-- : I's us _g froiii the ceiebmiou of marriages bv Protestant ministers, shall bo by hiiri annually paid SUPERIOR EDUCATION. 145 over to the superintendent to be apportioned under the authority of the Lieutenant-Governor in Council, and in accordance with the recommendation of the Protest- ant Committee of the Council of Public Instruction, among the Protestant institutions of superior educa- tion, in addition to and in the same manner as the other grants to these institutions. R. S. Q., art. 2205. 445. Out of any public moneys at his disposal, the Lieutenant-Covemor may pay the sum of sixty-two thousand, nine hundred and sixty-one dollars (S62,- 961.00) to the Protestant Committee of the Council of Public Instruction for Protestant superior education in this Province, together with interest thereon, at the rate of four per cent per annum, from the thirtieth day of August, 1888. 53 Vict., replacing art. 2206, R. S. Q. 446. No grant shall be made to any superior educa- tional institution not actually in ope ation, nor to any ordinary model school or educational institution which hasnot fulfilled theconditions prescribed bylaw. R.S.Q., art. 2207, as amended by 54 Vict., chap. 21, art. 8. 447. Any educational institution, desirous of ob- taining a grant out of the income fund, shall, before or during the month of July in every year, make application to that effect to the superintendent, who shall not recommend any grant to any educational institution whose application is not accompanied by a report, showing : 1. The composition of the governing body ; 2. The number and names oi tiic uireetors, princi- pals, professors, teachers or lecturers ; <• lISi 1^ c: Ih I ■ .'It f 146 aCHOaL LAW. S. The number of pupils, disfcinguishing those under sixteen years and those above that age ;♦ 4. The general course of instruction and the books used; 5. The annual cost of maintaining the institution, and ^ mu ^?"^®3 ^^^ which the means are derived • «. The value of the real estate of the institution if it own any ; ' 7. A statement of its liabilities ; a The number of pupils taught gratuitously, or taught and boarded gratuitously ; '^^^ number of books, globes and maps possessed by the institution, and iiiO value of any museum ana philosophical apparatus belonging to it. Jv. ^. i^.^ art. ^20o* *Hcld :-That by the provisions of Statute 39, Geome III chao 5, sec 21, stiiaents in public schools are exempt from tne S" tation tax and that the Corporation of the City of Q^^bec under the statute by which it was incorporated and . nder the slUjs! quent awby which this statute Was amende^ (3rd and 4th Vic, ch. 35, and 18th Vic, eh. 159.) has simply the novN^rta extend this exemption to other cJaies of the cYUzens, bTnot to deprive such students of its benefit. ' That the Laval University is a public school, and, as such entitles its students to all the immunities and pritile^es granted to students in public schools. ^privae^^es granted «]« J»,fi * ^-"^"^ ^*1'^®''* studying at the Laval University and also under indentures to an advocate, cannot be deprived 'of his privileges and immunities as a student in a piiblic scl ool KOBliAI< SCHOOLS, 1^^ CHAPTER SIXTS. ■ NORMAL SCHOOLa SEOTION I. BVtLDINa FUND FOB NORMAL SOHOOLS, &0, 448. The Lieutenant-Governor in Council may aclopt all needful measures for the establishment in the Province of one or more normal schools, containing one OF more model schools, for the instruction and tralniiag of teachei^ of public schools in the science of of education and art of teaching. He may select the location of such schools, and cause to be erect«3d or procured and furnished the juildings requisite for the same. R. S. Q., art. 2209. 449. To provide for the purchase of such site or sites, and for erecting or procuring and furnishing the buildings which may be required for such normal schools, the Lieu tec i,nt-Govemor in Council may order that, out of the said income fund, the sum of eight thousand dollars be yearly set aside and appropriated to form a fund to be called the " normal school build- ing fund of the Province of Quebec ;" and any sum so yearly set apart and appropriated shall be invested or placed at interest as the Lieutenant-Governor in Coun- cil may direct ; and the income and interest shall, like the principal, form part of the said fund. R. S. Q., art. 2210. 450. The moneys realized by the sale, which the Lieutenant-Governor in Council may direct to be made, of any site and the buildings thereon acquired for noraial school purposes in the Province and not deemed convenient for such p irposes, shall form part of the normal school building fund of the Province, and shall '■ ^femii 148 SCHOOL LAW. .if* ' ;) ' I i ' ■ I be invested or placed at interest in the like manner as any ( ther sum forming part thereof. R. S. Q., art. 2211. 451. Any excess or amount of the normal school building fund, not actually required for the purposes for which the fund is constituted, shall, in the discre- tion of the Lieutenant-Governor in Council and as he may direct, either revert to and form part of the superior education income fund of the Province, or be invested as part of the superior education investment fund. 2. The income and interest, in the latter case, arising from such investment shall form part of the income fund. R. S. Q., art. 2212. 453. A sum not exceeding six thousand dollars shall be allowed yearly out of the common school fund for the Province, to defray the salaries of officers and other contingent expenses of normal schools; and a Slim not exceeding four thousand dollars shall be allowed yearly, out of the income fund, as an aid to facilitate the- attendance of teachers in training at normal schools. R. S. Q., art. 2213. 453. In case the two sums mentioned in the pre- ceding article are found insufficient, the Lieuten&nt- Govemor in Council may order that, out of the said income fund, a certain sum be yearly appropriated for the support and maintenance of normal schools, which sum, so set apart and appropriated yearly, shall not exceed in any one year the sum of ten thousand dollara R. S. Q., art. 2214 SBOTION II. VANAGBMENT OF NORMAL SCflOOLS. 454. Normal schools shall be subject to the regula- tions provided for by article 462, and shall be under NORMAL SCHOOLS. 149 the control of the superintendent, who, for their establishment and maintenance, shall from time to time make such arrangements as the Lieutenant- Governor in Council may direct. R. S. Q., art. 2215. 455. The principal of each normal school shall re- port to the superintendent, giving such details as are required by the superintendent from time to time R a Q., art 2215. 456. The professors, directors and principals of normal schools are appointed or removed by the Lieu • tenant-Governor in Council, on the recommendation of the Roman Catholic or Protestant Committee ot the Council of Public Instruction, according as such appointments or removals concern Roman Catholic or Protestant normal schools. R. S Q. art 2216 457 The principal of a normal school shall, be- fore admittmg any pupil into such school, make him sign. ;u presence of two witnesses, a document or obh- gation by which he shall brnd :^imself to pay his board therein, or, if ho be a bursar, to refund m certain cases the amount of his bursary, and to pay such sum as shall be required, according to the conditions which shall, from time to time, bo fixed by the Lieutenant- Governor in Council 2. Every father, tutor or friend, may sign such document and bind himself, either in such quality or personally, for the payment of all sums of money exigible under the document or obligation and the conditions so fixed by the Lieutenant-Governor in Council. R. S. Q., art. 2217. 458. The Attorney-General, upon the recommenda- tion of the principal of a normal school, and in the of justice, for the recovery of all sums due under such obligation, and shall be solely designated in such suit by the words " the principal of the normal school IW SCHOOt WW. S^ a*A**'*^®^«l?j? thereto the name of the school* R. S. Q., art. 2217, § 3. 459. The principal of eveiy normal school shall account to the superintendent for all sums collected in virtue of the preceding articles, and these articles shall apply to the recovery of any sum due to normal schools under regulations now in force. R. S. Q., art. 2217, § 4. 460^ On the presentation, by any student to the superintendent, of a certificate under the hand and seal of the principal of any such normal school, that such student has gone through a regular course of study therein, the superintendent may grant to such student a diploma of qualification which shall be vahd until revoked for some breach of good conduct or of good morals. R. S Q., art. 2218 4«l By virtue oi such diploma and while it re- mains valid, such pereon shall be eligible to be employed as teacher according to the grade of the diploma ob- tained by him, in any academy, model school or ilementary school under the control of school commis- .MDners or trustees. R. S. Q, art. 2219. 4«3 Regulations are made by the Council of Pub- lic Instruction and by the Committees thereof with the approval of the Lieutenant-Governor in Council fcr the management of normal schools, and saving always the provisions of article 457, for prescribing Held .-—That the father of a normal school pupil is not liabie fnn,!?f J"^"^"?!* ""^ ?.^"'!® S'*"*^^ ^« ^« son. or for the penalty ^^^Jr\^^ P • ^^."^'' *^'ougb his failure to teach during three years. Ths Pnrmpal of the Jacgv^s-Cartier Normal School t». ^omaru 8, C, Montreal, 1883, Judge Mathieu.-L. N., vol. 6. p. Sre^rri;Ki.ttm. ^•^•'^-*-^' 1««3. Judge Ta£ ar./ut'^f ^% ®i"?^ ^"f schoolmasters and teachers, for tuition. NbRMAL SCHOOLS. 151 the terms and conditions on which students shall be received and instructed therein, the course of instruc- tion to be foUowed, the mode and manner in which registers and books sWl be kept, diplomas granted to students, and in which the reports, which the principal of each normal school is required to make to the superintendent, shall be made. R. S. Q., art. 2220. 8B0TI0I7 III. PROVISIONS BBSPECTINO THE JACQUES-CABTIBR NORMAL SCHOOL. ^^9. It shall be lawful for the Lieutenant-Governor in Council to cause to be sold, by public auction, the properties belonging to the Government of this Pro- vince, situate in the City of Montreal, on Notre Dame street, between Claude lane and Jacques-Cartier square, and on the said Jacques-Cartier square, to- gether with all other properties situate in the same locality, which may be transferred and assigned to the Government of this Province by the Government of Canada. R. S. Q., art. 2221. 2. The order in council passed for that purpose shall establish the division into lots of the said pro- perties, the upset price of each of such lots, the period at which possession thereof shall be given to the pur- chasers, and the terms of payment. Notice thereof shall be given, at least three months before the sale, in the Quebec OflScial Gazette, and in at least four other newspapers, two whereof shall be published in the French and two in the English language. If deemed expedient, the said sale may be adjourned anu advertised anew, in the same manner, but in such case notice for one month will isufEce. 8. The Lieutenant-Governor in Council may employ V li I 152 SCHOOL LAW. th« proceeds of the said sale in the purchase of ground and in the construction of buildings suitable, in the first place, for the Jacques-Cartier Normal School, in or near Montreal, and secondly, if the amount thereof admits, for the Laval Normal School, in or near Quebec. R. S. Q., art. 2221. CHAPTER SEVENTa FABRIQUE SCHOOLS. 464. The Fahrique of any parish, and the school commissioners or trustees thereof, may, by mutual agi-eement in due form, unite for one or more years the Fahrique schools in operation, with any of the public schools held under this law. R. S. Q., art. 2222. 465. Any Fahrique contributing not less than fifty dollars annually towards the support of any school under the management of school commissioners or trustees shall thereby acquire a right to the curd and church-warden in office to be commissioners for the management of that school only, if they were not so before.* R. S. Q., art. 2222, § 2. 466. No Fahrique shall so unite its school to those managed by commissioners or trustees of another faith, except under an express and formal agreement with the school commissioners or trustees of such other faith. R. S. Q., art. 2222, § 3. *Held:—ThB\, when a Fabrique contributes annually $50 towards the support of a school which ig under the control of school COmmissionere (nr trt\aiAP,a\ tha /.i/«.i ar^A -^v.„«^u„ — j 111 oflico become ipso-facto school commissioner.^. Charest vs. VeiUcux. C. Q. B., Quebec, 1881.-Q. L. R., voL S, p. 230. POLYTECHNIC SCHOOL OF MONTREAL, CHAPTER EIGHTH. 153 POLYTECHNIC SCHOOL OF MONTREAL. 467. The special school known under the name of the " Polytechnic School of Montreal," is under the control of Laval University, under the same name, and with the same character of special school which it had before the first day of July, eighteen hundred and eighty-seven. R. S. Q., art. 2223. 4«S. The curriculum of the said school, as now in force, shall continue, but may be modified or developed by the said University as may be required. R. S. Q., art. 2224. 469. The appointment of the principal, the pro- fessors, and staff necessary for the good working of the said school is made by the council of the University. R. S. Q,, art. 2225. 4TO. There shall be made annually to the superin- tendent of Public Instruction a report containing : 1. The course followed at the school and the modifi- cations or developments made in the programme ; 2. The number and classification of the students ; 3. The state of the collections, instruments, labora- tory and library ; 4. A statement of the receipts and expenditure of the school. R. S. Q., art. 2226. 471. The superintendent of Public Instruction may appoint an assessor to attend the examinations at the end of the year. R. S. Q., art. 2227. 4T2. The Laval University shall, in accordance with its charter, deliver to the students of the Poly- technic School the diploma of civil engineer, mining AnocinAAi* TnAf>nq«i/»al oriririnaAii* /%t» irtrln.^f ».ial r\»-»rw'ii or other diplomas, according to the special course lowed by each. 1B4 iioaooL tjLW, i ^ 2. Mention efeall be made in the diploma that the student-'hAS passed his examinations throughout the course in a satisfactory manner, or witti distinction, or with ereat distinction, or with the greatest distinction, according to the disciplinary rules of the said school! R. S. Q., art. 2228. 478. The names of the students receiving diplomas shall be published in the Quebec Official Gazette with the standing obtained by each, established by a gen- eral average of the standing obtained throughout the course. R. S. Q., art. 2229. 474. The terms employed in article 472 for the classification of the diplomas shall be understood as follows : 1. The diploma of civil engineer shall be granted to the student capable of conducting and executing all works of art and of construction upon the surface of the soil ; 2. The diploma of mining engineer shall be granted to the student capable of conducting and executing all Works of discovering, extracting and working of ores and minerals and their reduction to useful metals ; 3. The diploma of mechanical engineer shall be jfranted to the student capable of designing, combin- ing and constructing engines and machines used in manufactures ; 4 The diploma of industrial engineer shall be granted to the student capable of applying the princi- ples of physics and chemistry to production and manu- factures. R. S. Q., art. 223C COtTKTY ACADEMIES. 155 CHAPTER KrNTH. OOUNtr AOADBMtES. 475. The Roman Catholic and Protestant Acade- mies already established or which may hereafter be established in any city, town or incorporated village, exercise all the powers and eiyoy all the privileges ap- pertaining to them, or which may be conferred upoti them by the city, town or incorporated village in which they are or may be situated. R. S. Q., art. 2231. 4T6. It sAiall also be competent to the corporations of school commissioners or trustees, as the the case may be, in any county, counties or parts of counties, to combine for the purpose of establishing one or more academies therein. The mode of procedure in such cases shall be as follows : 1. Whenever it shall appear desirable to the Roman Catholic or Protestant school commissioners or trustees, as the case may be, in any county, counties or p&rts of counties, or to a majority of them, that an academy or academies should be established, e several chairmen of the said school corporations, shall by virtue of a resolution passed by each school corporation be ap- pointed academy delegates on behalf of the said cor- porations. * The delegate last named shall convene the first meet- ing of these delegates by giving a written notice of eight days of the time and place of such first meeting. 2. At the first meeting of such academy delegates, those present or a majority of them, shall elect a chair- man and a secretary. If, in the opinion of the majority, it is thought necessary or desirable that one or more academies az r 156 SCHOOL LAW. C"" Htm>- should be estabhs hod in the county, counties or mrta of counties, a petition to that effect founded ^ a re solution of such delegates, shall be pm,a*ed and tomarded to the Roman Catholic or ProiXnt Com mittee, as the case may be. stating the facts of th. If the Lieutenant-Governor in Council annroves OffioiFf *r"°V^ •"•^y-.i'y proclamation in the Cbec OfBcial Gazette, signify his approval, and establish ."Jil^'"'y °/ ^«'demies. and'^Sesign'ate them™ Academy or Academies of the county of or counties of " oa *i,« « . academies of county or counti^ o^" cTnty ^^ ^' '* ,„ , ^<"\demy No 1, 2, 3,'' as the case may be if an academy of parts of counties. J- w, ii an 4 After such proclamation, the board of delesatea shall again meet, ^d shall elect three of their S bers to a«t as the first trustees of such academy • ?"?•» *™st«es shall remain in office untU the first juridical day of the month of August then ei^nW when there shall be a regular amiiS meStLT^^ said board of delegates. * inAVbfhfu t'"''*u«.f •^"I'Sates and at the meet- ^"!,*°.''\ ril?".''"*"y thereafter on the first .juridical T*'ii ""' "^^S""" "^ eaon year, the "board of deleo-atP« shall appoint three of their number to a«t L teuftees COUNTY ACADEMIES. 167 Of parts •n a re- ired and nfc Com- s of the jhairman Roman may be, pose, the i, and, if 'he com- on shall ssion to pproves Quebec stablish 1 as the 7 be, if f e, if an legates mem- le first isuing, of the meet- ridical egates 'ustees of the said academy for the ensuing year. They shall also appoint an auditor or auditors of accounts. The academy trustees shall present annually to tl]e said board of delegates at such annual meeting a re- port of the educational work of the past year of such academy, with a balance sheet and statement of income and expenditure, duly audited by the auditors ap- pointed as above. The secretary of the board of delegates may be the secretary-treasurer of each board of academy trustees, or the academy trustees may appoint their own secre- tary-treasurer. The academy trustees and the secretary-treasurer and auditors shall, in the performance of their several duties, conform in all respects, mutatis mutandiSf to the provisions of the school laws, which refer to school corporations and their officers, and also to the rules and regulations of the Roman Catholic or Protestant Committee of the Council of Public Instruction, as the case may be. R. S. Q., art. 2232. 4'7'7. To provide for the building and maintenance of such academies the Roman Catholic or Protestant school commissioners or trustees of such county, coun- ties, or parts of counties, wherein an academy is estab- lished, may levy a tax on the taxable real estate of the school municipality under their control, sufficient in amount to provide a sum not exceeding three thousand dollars for the purchase of si e and the building of an academy, and not less than tL ee hundred dollars per annum towards the payment of teachers and the inci- dental expenses of such academy as may be agreed on by tl said board of delegates. The school comm'ssioners or trustees, as the case may be, shall be jointly and severally responsible to tliu said academy trustees for the payiiient oi the suuis above mentioned, and shall pay over the said sums to asi i •• m, '"^ 158 SCHOOL LAW. the said acaaemy trustees by equal semi-annual pay- ments on the second day of January and second day ^^ J^]y ^^ ^^ y^r. R. S. Q., art. 2233. ^ «W For the maintenance of the said academies the said ajsademy trustees shall be entitled to charge monthly fees to the scholars attending the same such fees not to exceed one dollar and Hfty cents per month to be paid monthly in advance. ' No scholar being two months in arrears for such fees shall be permitted to attend such academy. R o. Q., art. 2234. 47». Eaxjh academy fulfilling the conditions of this chapter, and conforming in all respects to the rules and regulations in respect to academies adopted or which may be from time to time adopted fiy the Roman Catholic or Protestant Committee, as the case may be shall be entitled to a share of the legislative grant for 8ui)enor education in the discretion of the CommitteQ of Its religious faith. R. S. Q., art. 2235. CHAPTER TENTH. LIBRARIES IN SCHOOL MUNICIPALITIBS. 480 The Lieutonant-Governor in Council may order that, from and out of the superior education in- eome fund, a sum not exceeding two thousand dollars may be appropriated annually, or during a certain number of years, to assist the establishment of city town, village, parish or township libraries, in school municipalities m which suitable contributions have been made by such school corporation for that pur- 2. Such assistance shall be given in money or in PENSION FUND. 15£ books, upon the conditions deemed requisite by the Lieutenant-Qoyernor in Council. R. S. Q., art. 2236, 481. Municipalities and school corporations may appropriate such portion of their revenues or such sum of money as tfiey may deem expedient for that purpK>se, and, with the authority of the superintend- ent, issue such amount of debentures or bonds with the view of creating a fund for that purpose. R. S. Q., art. 2237. 483^. Such libraries shall be under the management, inspection and regulations which the Roman Catholic or Protestant Committee, as the case may be, of the Council of Public Instruction shall from time to time prescribe. Such regulations shall be published by the superintendent in the Ql»bec Official Gazette. R. S. d, art 2237. '31 if: CHAPTER ELEVENTH. PENSION FUND OF OFFICERS OF PRIMARY INSTRUCTION. SEOTION I. INTERPRETATIVB. :5: •*3 **-»i 483. Under the term " officers of primary instnic- tion," the present chapter includes school inspectors, professors and teachers of normal schools, male and female certificated teachers teaching in an institution under the control of school commissioners or trustees, or subsidized by them or by the Government out of the funds voted for education, but does not include members of the clergy or religious communities or ICO I* INI SCHOOL LAW. professors in colleges or universities. R. S. Q., art. 2238. . 484. The terms " elementary school," " model school,** and "academy," employed in this chapter, mean schools in which are taught the subjects of the curriculum adopted by either of the Committees of the Council of Public Instruction for the schools of these various grades. By " school under control " is meant any school in which the teachers are engaged and paid by the school commissioners or trustees. By " subsidized school " is meant any school not ujider control which receives a grant from the Govern- ment out of the funds voted for education or from school commissioners or trustees. R. S. Q., art. 2239. II. ihi" SEOTION II. PENSIONS OP OFFICERS. 485. There shall be allowed to every person, who has reached the age of fa"ty-six years, and who has been employed as an officer of primary instruction, during a term of ten years or upwards, an annual pen- sion, based upon the average salary received by him during the years he has been engaged in teaching and for which he haa paid the stoppages. R. S, Q., art. 486. Such pension shall not exceed, in any case the following rates : If the officer has served during ten years and less than eleven yeax-a, ten-fiftieths of such average salary ; if he has served during eleven and less than twelve years, eleven-fiftieths of such average salary ; And so on, q^din^ one-fiftieth of such averac/e salary, for every additional year of service, for which PENSION FUND. 161 lie has paid the stoppages ; but no grant shall be allowed for any service OVer thirty-five years. R. S. Q., &rt. 2241. 487. The average salary of officers of primary in- struction shall not, for the purposes of this chapter, exceed the sum of fifteen hundred dollars. R. S. Q., art. 2242. 488. After ten years* service, every officer, what- ever be his age, may receive a pension when a serious injury, or enfeebled health, renders it impossible for him to continue such service, provided such accident or ill -health has not arisen through any conduct for- bidden by law or against good morals. R. S. Q., art. 2243. 489. In the event of an officer retiring owing to enfeebled health or serious illness, such infirmities and the cause thereof shall be established by means of cer- tificates from the physician who has attended such officer, and by one of the two physicians indicated by the superintendent of Public Instruction. R. S. Q., art. 2244. {See Form No. 18.) 490. The physicians' certificates, prescribed by the preceding article, shall be attested in accordance with the provisions of chapter 141 of the Revised Statutes of Canada respecting extra-judicial oaths. R. S. Q., art. 2245. 491. Such pension is stopped from the moment the cause, which gave rise to it, has ceased to exist. R. S. Q., art. 2246. 492. From the age of eighteen, the years that have been passed either in teaching, or as a normal school pupil, shall be included in the years of service, at the time of establishing the amount of pension. R. S. Q., art. 2247. 493. The years, during which the officei-s of prim- ary instruction have tau^t outside of the Province, 11 162 SCHOOL LAW. • «:> •91 I t It I If to the satefaction of the administrative comSon rS he ll^ ">'"•■• '^''' ^' ^"^ served~h' I ?? . u ?^® '*^' y**'"s preceding his aDDlication and that he has ccaplied with the other pro^SS the present chapter. R. S. Q.. art. 2250. P"'^'^""^ '»' «»« An oflScer of primary instruction, in order to be pensioned, must produce in addition to Ws^Hifi cate ot birth and a declaration of his domicile a rlii^ hcate according to form number 16 of th^s law stTt^; acteSTsuTorrt! '^'^''^^ '*>'' ^^^ when'h^S r»!!l * u ■ • "^'^ services and the date and the .tf 0^.°/ his ceasing to perform the same. R S O art. 2251. (See Form No. 17.) ^' SBCTION HI. PENSIONS OP WIDOWS. the*?4lk oMvT««n '^ ''^'^''- ^''o ^^^ I'etween , r*^'^ °\ Ju'y. 1880, and the 1st July 1886 nffo- 3/2? shalf t^r" ""^ *^« -t&4'??ct:ria a hJh t?; ti?:;e'S *" ^'^^ """^"^ -^ -^-' have Such h^lf.pension is only aUowed to the widow of H-J PENSION FUND. 1G3 an officer who died after the 1st July, 1886, when the latter has paid into the pension fund, in addition to the stoppages payable hy him, and at the same time, a sum equal to one-half of such stoppages ; nevertheless this latter stoppage is only exacted for the years dur- ing which the officer was married. R. S. Q., art. 2252. 4»8. For the years previous to the 24th of July, 1880, the stoppages in question are paid as follows : Two-fifths should have been paid before the first of January, 1887, and One-fifth of the total amount shall be deducted from the annual pension of the officer himself, or,— if he died without having obtained a pension,— from his widow's pension during each of the first three years. Tliese sums also form part of O'.e capital. R. S. Q.. art. 2253. ^ ' 499. In order that a widow may be eligible for a pension, the marriage must have been contracted six years before the husband had ceased to act as an officer of primary instruction. R. S. Q., art. 2254. 500. The widow is not allowed to pay the stop- pages which her husband neglected to pay for the years of service previous to the 24th July, 1880. R S. Q., art. 2255. 501. The widow claiming a pension is bound to furnish, in addition to the vouchers which her husband should have produced : 1. Her certificate of birth ; 2. The burial certificate of the officer or pensioner ; 3. Her marriage certificate. R. S. Q., art. 2256. {See Form No. 20.) SECTION IV, CONTRIBUTIONS AND STOPPAGES. 50a. Any officer o€ primary instmction who has fe 164 SCHOOL LAW. ->t paid into the pension fund the stoppages required by this chapter, for the years of service immediately pre- ceding the 24th of July, 1880, if such payments have been made before the first of January, 1887, shall be entitled to count such years of service to establish his right to a pension. R. S. Q., art. 2257. 503. The stoppages upon the salaries of officers of primary instruction for the years previous to the 24th of July, 1880, shall be five per cent, per annum with- out interest. 2. Two-fifths of the total amount of the stoppages for the years previous to the 24th July, 1880, should have been paid before the first of January, 1887 ; and one-fifth of the total amount of the said stoppages U deducted from the annual pension of the officer for each of the first three years. 3. The sums so stopped shall not form part of the yearly revenue of the pension fund, but shall be placed in the capital fund. R. S. Q., art. 2258. 504. The officers, who, between the 24th of July. 18N0, andthe IsTi July, 1886, paid the stoppages re- qun^ed by the act 43-44 Victoria, chapter 22, I'or their years of service previous to the 24th July, 1880, have a right to interest, at the rate of five per cent, upon tlie sums so paid, up to the first of July, 1886 ; such interest to be deducted from the stoppages to be here- after paid by them out of their salary or pension, as the case may be. R. S. Q., art. 2259. 505. In order to provide for the above-mentioned pensions : 1. A reduction or stoppage shall be made from the salary of each officer at the rate of two per cent, per annum : * 2. A stoppage of two per cent, shall be made yearly on the amount of the pension paid to each officer ; 3. A stoppage of two per cent, shall be made annually PENSION FUND. 165 out of the common school fund, as well as out of that portion of the superior education fund, appropriated to the support o^ institutions managed or airected by officers 01 primary instruction ; 4 An annual grant of one thousand dollars shall be allowed by the Government of the Province. R. S. Q., art. 2260. 500. The total amount of these various stoppages and grants made from the 24th July, 1880, to the 1st July, 1886, shall be deposited with the Pro\incial Treasurer, and be by him converted into Provincial or Dominion bonds, at the current price of such bonds, and capitalized for the benefit of the pension fund for officers of primary instruction. R. S. Q., art. 2261. 507. The said fund shall not form part every year of the consolidated revenue fund of the Province, notwithstanding any provision to the contrary in the law respectir/g the Treasury Department ; but it shall be held in trust by the Provincial Treasurer for the purposes of this chapter. R. S. Q., art. 2262. 508. It the interest on the said capitalized fund and the total of the different stoppages and grant does nofc suffice to pay the pensions applied for, the stop- pages from the salaries and pensions of the officers of primary instruction out of the common school fund and out of the superior education fund may be in- creased to the amount of four per cent, which shall be the maximum rate of the stoppages. R. S. Q., art. 2263. 509. Every excess of receipts over expenditure in the pension fund shall be first employed in payir^ the deficit?, of previous years, if necessary, and the re- mainuo liall be placed with the Provincial Treasurer in tiis^; for the purposes of this chapter. R. S. Q., art. 2264 510. If the stoppages and grafts be not sufficient ^'5 166 SCHOOL LAW. yi III 0S> % i:i to pay the pensions as above established, the adminis- tro^tive commission shall reduce the pensions and pro- portion them to the amount at its disposal. R. S. O.. art. 2265. 5 1. The portion of the pension fund established by the act passed on the 22nd of December, 1856, (19-20 Victoria, chapter 14, section 7), which shall from time to time be relieved, according to the provisions of the said act, by the death of pensioned officers, shall be paid into the pension fund established by this chapter, so that the whole shall be so paid in when the last of such officers dies. (Sec article 422) R. S. Q., art. 2266. ^ ^12. The superintendent shall retain, hali-yearly, out of the grant payable to each municipality or nor- mal school, or out of the salaries paid directly by the Department of Public Instruction, the sums necessary to pay the stopparres out of the .salary of each officer of primary instruction; and the school authorities are authorized to deduct out of the .salaries of such officers the amount retained by the superintendent. R. S. O art. 2267. ^ SECTION V. PAYMENT OF PENSIONS. 513. The pension, in the case of a teacher, shall run from the day on which his salary ceases to be paid, and in that of a widow, from the day following the decease of her husband. R. S. Q., art. 2268. 514. All pensions shall be paid half-yearly ; but if an officer die, without leaving a widow entitled to receive such pension, his heirs, according to the provi- sions of the Civil Code, shall be cntiUed to receive his PENSION FUND. 167 pension for the current six months. R. S. Q., art. 2269. 515. Every officer of primary instruction, who has resigned his office, or has been dismissed by the Coun- cil of Public Instruction, or either of the Comniittees thereof, for any causes provided l)y law, shall f(>rfcit his right to a pension and also his stoppages; but if reinstated, his former service shall counfc. R. S Q., art. 2270. ' 510. Pensions, if they have not been claimed, shall be struck from the books of the pension fund after three years, and their replacement thereon .shall not entitle to arrears prior to the claim. 2. The same forteiture shall apply to the heirs of pensioner?, who do not establsh then* rights within three years from the death of the person whom they represent. R S Q.. art 2271. 517. Any officer ot primary instruction who for causes approved of by the supenntendent ot Public Instruction, resigns hj.> office and opens a privato school or temporarily accepts a position therein, shall not forfeit his right to a pension provided he regularly pays the stoppages on his salary. R. S. Q , art. 2272. (See Farm No. 19.) 518. An officer of primary instruction dying before the first of July, JS86; who has not left a widow en- titled to receive a pension, does rot lose the amounts, by him paid to the pension fund, but his heirs, accord- ing to the jirovisions of the Civil Code, may claim the amount which ho has paid to the pension fund up to the date of his death. R. S. Q., art. 2273. 51 0. All claims for pensions must be made before the first of November in each year ; pensions claimed after that date will only be paid the following year. R. S. Q., art., 2274. (See Form No. 17.) SI] 168 SCHOOL LAW. SECTION VI. m- *0» i •41 r ;»• I M >•■' '** ill w .1* I,. i TALUATION OP 8ALARIB8. 520. The salary of officers of primary instruction, employed in private schools subsidized by the Govern- ment or by school municipalities, shall be estimated by the school inspector of the division to which such officers belong, to the satisfaction of the superintendent, who may order an inquiry for such purposes, in accord- ance with the law respecting education. R. S. Q., art 521 In no case shall the value of the annual salary, including benefits, in private schools subsidized by the Government or by school commissioners or trustees, exceed the following amounts, to wit : For male teacliers of elementary schools :— in towns, four hundred dolJars,—in country municipalities, two hundred and fifty dollars; For Jemaio teachers in elementary schools :—in towns, two hundred dollars,~in country municipalities cue hundred and twenty-five dollars; For male teachers of model schools :— in towns, five hundred .dollars,— in country municipalities, three hun- dred dollars ; For female teachers of model schools:— in towns, two hundred and fifty dollars.—in country munici- palities, one hundred and fifty dollars ; For male teachers of academies ;— in towns, six bun- dled dollars,— in country municipalities, four hundred dollars ; For female teachers of academies :— in towns, three hundred dollars,— in country municipalities, two hun- dred dollars. R. S. Q., art. 2276. ^ 522. Officers of primary instruction may, in addi- tion to the specific salary agreed upon between tbem PENSION FUND. 169 and the school commissioners or trustees, include, as forming part of their salary, all the benefits derived from their position, such as lodging, light and fuel. If, however, such officers give private lessons, or exercise at the same time any profession, trade or busi- ness whatsoever, the benefits they derive therefrom shall not be included in the said valuation. R. S. Q., art. 2277. 528. The valuation of the benefits so derived by officers of primarv instruction shall be made by the school inspector of the district, certified to be correct according to form No. 15 of this law,. and revised by the administrative commission. R. S. Q., art. 2278. (See Form No. 16.) 524. It shall be the duty of the school commission- ers or trustees, or administrative bodies, employing officers of primary instruction, to make a halt-yearly report, stating the name, office and salary, during the previous six months, of each such officer employed by them. R. S. Q., art. 2279. 525. In no case shall the valuation of such benefits in the schools under control exceed the following amounts, to wit : For an elementary school : — in towns, one hundred dollars, — in country municipalities, thirty dollars ; For a model school : — in towns, one hundred and fifty dollars, — in country municipalities, fifty dollars ; For an academy : — in towns, two hundred dollars,— in country municipalities, seventy-five dollars. R. S. Q., art. 2280. ^: I: a- 170 SCHOOL LAW. SErnoN vir. .■»•«■ j: (•■: I-: ADMINISTRATIVE CJMMISMON. 586. The pension fund for officers of w inarv in struction ,8 a.iministered by a coinnassion composed of the superintendent of Public Insti-uction, a^ prCident the convention of Roman Catholic teachers in MonT real, one by the convention of Roman Catholic teach- ^rprottfictr '^ ^''^ ^'-^ ^^^^ ,.lP^^l'^''ll?*'®^ 'f""'" '" «ffi««' until «»ey are r«- plw^Bd by thc«e who appointed them. R. I. Q., art 2281, as amended by 52 Vict., chap. 23, art. 2. «a7. The administrative commission determines all questions connected with the pension fund Tnd pen sioners, and its decision is final P The delegates are not paid for their services but , if *^u "^' ®M' ''® *''*' '^uty o* the school inspectors when they make their official inspection, to I^^T at least once a year, the pensioners in their rejpective districts and to report to the superintendent eveJv year, before the month of November, upon the stTte S the pensioners' health and upon thei • quaHficatfons foj receiving a pension under the terms of the law liiey shall also indicate the date of the death of the pensioners who may have died during the year and add any remarks which may assist or fa«ilSe the ■#' PENSION FUND. 171 worl >f the administrative commission. R S. Q., art. 2284. SECTION VIII. MISOBLLANBOUS. 530. The administra>tive commission is bound to draw up and ^ epare all orders or regulations which it may deem necessary to put this chapter into operation and to Drovide for unforeseen cases. Sue orders and regulations, when sanctioned by the Lieutenant-Governor in Council and published in the Quebec Official Gazette, shall have operation of law tor the carrying out of the provisions of this chapter. R. S ^., art. 2285. 531. The accounts of the pension fund are kept by the Department of Public Instruction, certified yearly by the provincial auditor, and published in a suffi- ciently detailed manner in the report of the superin- tendent of Public Instruction. R. S. Q., art. 2286. 532. Pensions are not assignable or liable to seizure. R. S. Q., art. 2287. 533. This chapter does not apply to teachers re- ceiving pensions before the 1st July, 1886. R. S. Q., art. 2288. IMAGE EVALUATION TEST TARGET (MT-3) 4^ 1.0 I.I '^ 1^ III 2.2 2.0 1.8 1.25 1.4 1.6 •4 6" — ^ i r Photographic Sciences CoiDoration \ S \^" <,1>^ ^9) .V ^V" W^ 23 WEST MAIN STREET WEBSTER, N.Y. 14590 (716) 872-4503 r. I ;' ^ It*' rW' ,1 Hat li-.^4t^ 0'' u III APPENDIX } FORMa No. 1.— NOTICE FOR ELECTION OF SCHOOL COMMIS- SIONERS AND TRUSTEES. (See Article 162.) Province of Quebec, Municipality of hundred and ^^ ^^ '"'^t7e *tT/t:K the momng, at the church door of the said munic" election of a board of school commfasioners, or of one ^mo^^ school commissioners or trustees (XcZ Given at this day of one thousand eight hundred and • (This notice must be signed by a justice of the peace the secret^rytreasHrer, th^ presideM of the scZl^. R S. Q., TUle F, Form No, 2. N. B. — This notice must be given accordintr tn ihm provisions of article U and foll^Tg o77X FORMS. 173 No. 2.^-REPORT TO SUPERINTENDENT OF ELECTION OF SCHOOL OOMHISSIONERS OR TRUSTEE& {See Article 188.) } To the Superintendent of Public Instruction. Sir, Province of Quebec, Municipality of On Monday, the day of July, one thou- sand eight hundred and , at a public meeting of the rate-payers of this municipality duly convened and held according to law, at {mention the 'place), at the hour of ten in the morning, Messrs. {insert the names and sit/mames written very plainly) were elected as school commissioners {or trustees, as ike case m,ay he,) for the said municipality, conform- ably to law. Given at this day {Signature.) 18 Presiding Oflficer. 22. S. Q., Title V, Form No, 8. N,B, — The above report must he sent to the superin' tendent within the eight days next after the election. I' W4g\ M ' Fl' * r' 111.'' I ' 1 i 1^4 SCHOOL LAW, No. 3.— NOTICE TO SCHOOL COMMISSIONERS OR TRUSTEES ELECTED. {See Article 188.) Province of Quebec, \ Municipality of j To Mr. A. B., School Commissioner or Trustee. Sir, I hereby notify you that, at a public meeting of the ratepayers of this municipality, duly convened accord- ing to law, and held on the day of 'one thousand eight hundred and you were elected a school commissioner {or trustee, as the case may be.) Given at » this 18 (Signature.) ^ Presiding Officer. iJ. S. Q., Title F., Form No. 4. ^•B' — ^/'^ above notice must be sent to each commis' sioner or trustee elected^ within the eight days next after the election. No. 4.— -NOTICE OP DISSENT. {See Article 14^.) Province of Quebec, \ Municipality of J To the Chairman of the school commissioners of the municipality of - county of Sir, We, the undersigned, proprietors, occupants, tenants FORMS. 175 and rate-p«|.yers of the mnnicipality of , county of , professing the religion, have the honor, under article 1985 of the Revised Statutes of the Province of Quebec, to notify you of our intention of withdrawing from the control of the school corporation of which you are the chairman. Given at this day of Itf (Signatures of the dissentients.) R. a Q., Title F, Form No. 1. N.B. — This notice must oe made in triplicate. No. 5. — NOTICE FOR SPECIAL MEETING OF SCHOOL COMMISSIONERS OR TRU<^TEES, ^ {See Article 219.) Province of Quebec, \ Municipality of / To Mr. A. B., School Commissioner or Trustee. Sir, * A meeting of the school commissioners (or trustees) of this municipality will be held at (the place) at the hour of in the noon, the day of the month of , one thousand eight hundred and Given at this 18 (Signature,) Secretary-Treasurer. R S, Q., Title F, Form No. 6 176 SCHOOL LAW. ■' >ii n } No. 6— HEADING FOR THE MINUTES OF PROCEEDINGS OF SCHOOL COMMISSIONERS OR TRUSTEES. {See Article ^H, \ 10.) Province of Quebec, Municipality of *^^* ^L'^f ting of the school commissioners (w trus- tees) of the municipality of ^ in the county of h lil I {mention the place) in this municipality, on ^ ' the day of the month of one thousand eight hundred and , at the houi- warn ». . f^ nr • °^^"' ^^ ^hich meetmc were present : MM. {insert the names of all the mem- hers present), all School Commissioners (rTrLTees) ^\.Tl ^>^^^«\^? (ff ^,*ing chairman, in the absence of the chairman) m the chair. The secretary-treasurer being also present. M. (his nanu) moves, seconded by M. (his name) that i^vrite out the motion.) ^ t(^rne;,ina.z .?1T'a ,V"^"/^^«s[y' (or if there be a division, tlis votes shall he taken by the chairman aa follows :) Yeas :— Messrs. 1 ,^ Nays :— Messrs. J K^'^'Sert the names,) If the votes be equal, Ihs chairman votes, and then he declares the motion carried or not, as the case may be Jj there %s an amendment, say : ^^\ > seconded by Mr. moveq in amendment that (State the amendment) For the amendment :— -Messrs. ] Against the amendment :— Messrs.} (^''^^^ ^^^ names.) If the amendment be carried, the chairman declares FORMS. 177 the same carried^ and an entry is made in ^/^c minute book. If the amendment be lost, the chairman declares the same losty and an entry is made in the minute book, (Signature.) Chairman. (Signature.) Secretary -Treasurer. R. S. Q., Title V, Form No. 6. No. 7. — FORM OF SURETV BOND OF THE SECRETARY- TREASUREH. {See Article "29i.) Province of Quebec, \ Municipality of j Whereas I, (name of tfte secretary-treasurer), have been appointed secretary- treasurer of the school com- missioners {or trustees) for the municipality of , in the county of , and whereas in conformity with the laws concerning public instruoaon we {names of ike two sureties and their quality and domicile,) have been approved and accepted by {name of the chairman) the chairman of the said school commission- ers {or trustees) as sureties of the said (iiame of the secretary -treasurer), for the total amount for which the said {name of the secretary -treasurer) is and shall be, at any time whatever, responsible, arising as well from the local school funds or contributions and spe- cial donations, paid into his hands for the support of schools, as from the general funds of the schools, and for all sums of money which he may have in his hands belonging to the said school commissioners {or trustees,) and for the due execution of his duties as secretary-treasurer. Know by these presents that we, the said {names of 12 ^.78 SCHOOL LAW. w *■» I. I R»J! . > If' ' If ! f?» J II -I i i '-*'^'^"'^''' *o *hioh he ha/ been appointed, and accounts for, pays over or remitT to Stv oT '="'""''"'°«^^ (- '««*«-) oi the mlinic ! paiiiy ot ^ m the county of null, otherwise it shall remain in fuU force and effect Made and passed in triplicate, at 1: X, J . day (rf the month of 'l thousand eight hundred and ^ ' ^^® (^g'w^^wne of the secretary ^treamrerS isf u ^ , 9f sureties.) {Stgnatnre of the notary or of a Justice of the Peace as the case may he.) R. S. Q., Title r, Form No!l. N. B.^One cqpy must he sent to the superintemient. \ FORMS. 179 *i No. 8.— NOTICE OF APPOINTMENT OF MANAGElW. (See Article 231, § i Province of Quebec. 1 Municipality of j To Mr. (name of Manager,) Sir, I hereby give you notice that at a meeting of the school commissionei-s (or trustees) of this municipality, held on the day of tlie month of one thousand eiorht hundred and , you were named (permanently or temporarily or for what Hmc, mmt he stated,) manager to assist them in the administration of the school-houses, the building, repairing, heating and cleaning the same, and also to keep the furniture be- longing to the school in order. Given at this day of the month of 18 . {Signature) Secretary -Treasurer. R. S, Q., Title V, Form No. 8. No. 9.— DEMAND FOR COPY OF THE VALUATION ROLL. (See Articles SJfi and SJt5) Province of Quebec, \ Municipality of / To the Secretary-Treasurer of the Municipal Council of the Municipality of County of Sir, I hereby require you to forward and deliver to me. ,♦•» PI; ir 180 SCHOOL LAW. wiciiin ten days from this date, for the use of the school coramissicners (or trustees) of the municipality of (name of iJie aclioj mv/n cipcdity) situated in the limits of the municipality of (name of the rv/ral muni- cipality) a certified copy, according to law, of the valuation roll of the property situate within the limits of the municipality. {Sitrnature) Seciotary-Treasurer. R. S Q , Title K, Form Uo. 9. ^O. 10. — NOTICE TO RATE-PAYERS FOR EXAMINATION OF COLLECTION ROLL. (See Article 325.) Province ot Quebec, V Municipality of / PUBLIC NOTICB Is hereby given to all proprietors of real estate and resident householders of this municipality, that the collection roll as established by the school commis- sioners (or trustees) of thilS municipality has been made and completed and that it now is and will remain in my possession, for inspection by parties interested, during thirty days from this notice, during which time it may be amended ; any rate-payer may, during the lilMi FORMS. 181 said delay, complain of such roll, which shall be taken into consideration, and homologated with or without amendment, at the meeting of commissioners (or trus- tees) to take place on the* day of , at the place where meetings are usually held at the hour of in the noon ; but, such delay expired, it shall come into force, and every pel son interested is obliged to take cogniz- ance thereof, if he so desire, and to pay the amount of his taxes to the undersigned, at his office, within the twenty days following the said delay of thirty days, without further notice. ^ i IIXATION Given at month of this day of the 188 . (Signature.) Secretary-Treasurer. R. S. Q., Title v., Form No. 10. * This date must be vntkin ten day» after the expiration of the. thirty days during which the valuation roll may he examined, (See art. 354.) ^ 182 No. 11.. SCHOOL LAW. -secretary-treasurer's notice fob TBI PAYMENT OF TAXES. {See Article 360.) a o I l-H H & a i ^ I - I •»^ c 0) e ^ C P ft o o ft flj S e ® St: o x"2 ca ♦•.•3 I •g-d BO S 0) *'^ •>-i art .22 Si: rt C C O ^1 tin* li d o p H 01 0) c; .j-'F" ■♦J 15 *^ "^ CJxi - d g «^ e 0^1? 5,d ^3 *;^ »^ CD « « O o ^ S « bp 003 oi a ^2 GO a .0 3 ^ o Sb; FORM& 188 rOB TBI d i I .•■3 «1 ». » f* %> •><; ,"«w y^ ^ M : C? i 3 <^ > ^^ 2 €» m o s No. 12.— WARRANT OF DISTRESS FOR ARREARS. (8f^ Article 862) } Province of Quebec, Municipality of The school commissioners (or trustees) for the muni- cipality of , in the county of , to any bailiff of the Superior Court, acting in and for the district of Whereas (name and deamption of the debtor) has been required by the secretary-treasurer of the school commissioners {or trustees) for the municipality of , in the county of , to pay into his hands, for the use of the said school commissioners {or trustees,) the sum of bein^r the amount due by him to the said school com- missioners {or trustees) as appears by the collection roll of the municipality for the year IS ; and whereas the said {name of the debtor) hath neglected and refused to pay to the said secretary-treasurer, within the delay required by law, the said sum of {the amount in words) with the costs of notice and service amounting to {the amount in words;) these are, therefore, to command you to seize, without delay, the goods and chattels of the said {narm of the debtor) which may be found within the limits of the said municipality ; if, within the space of eight days after such seizure, the above mentioned sums, with the reasonable expenses of the said seizure, be not paid, then you shall sell according to law the said goods and chattels so by you held and you shall pay over the moneys arising from such sale to the secretary-treasurer of the said school commissioners {or trustees,) so that he may apply the same as by law directed, and return 184 (SCHOOL LAW. the suiylus, if any, when demanded, to the said (namf^ of the debtor,) or to whom it may coAcem ; and if sueh seizure cannot be effected, in default of ffkXiiable to sei .ire. you shall then certify the same to me so ihS such proceedings may be had e.. the law may require nor«fZ «nde^ my hand and the seal of the 3 cor- poration of school commissioner, (or trustees) this day of the month of („ f }!! year of Our Lord one thousand eight hundred and ** m the aforesaid district (Signature) Chairman of the School 7? «? n /nv. ir ^^^'^,"?^ssioners (or Trustees.) ^.o. Q., Title V, Form, No. 12. i M ^""ooo^rr^n *;";.? ^'^ "'^^^^'^ '■'-^'^^OP «ALEOF GOODS AND EFFECTS SEIZED FOB SCHOOL TAXES. (See Arlkle 36^.) Public Notice Is hereby given that on (day of tl^ u-eeh) the day of the month of ,W.,J {or next) at the hour of in the at {detrude tlm place) the goods and chattel^of payment of the taxes due to the said school commit Given urder my hard at (jiaoe). in the district of tills day of jg Signature, I? en fFv^f T- ^ Bailiff 0^ Constable. ^. S. Q., !n^/c F^, Form No. 18. ,« t FORMS. 185 No. 14. — FORM OF teacher's ENGAGEMENT. (See Article ^^, § 1,) Canada. 1 tc • • t^ « Province of Quebec / Municipality of On the day of the month of in the year 18 , it is mutually agreed and stipulated between the school commissioners (or trustees) of the municipality of in the county of represented by (name of chairman) their chairman' under a resolution of the said commissioners (or trus- tees) passed on the day of 18 , ind {name of teacher) teacher, holding a diploma for a (irvsert grade) school, residing at , as follows : The said teacher makes an engagement with the said school commissioners (or trustees) for the term and space of year from (insert date) to tho day of (unless the diploma of the said teacher be withdrawn, or any other legal impedi- ment arise) to teach the (grade of school) school in district N» , according to law, to the rules and regulations established or to be established by the competent authorities, and, amongst others, to exercise an efficient supervision over tho pupils attending the school ; to teach the subjects authorized, and to use only authorized text-books ; to fill up all blank forms required by the department of Public Instruction, the inspectors or commissioners (or trustees); to keep the required school registers; to preserve amongst the archives of the school such copy-books and other work of the pupils as may be ordered to be put aside ; to keep the school rooms in good order and not to allow them to be used for any other than school purposes without nermission to that p.fTAni. • fn fnllnw cnnli mlnq as may be established for discipline and punishment ; in a word to fulfill oil the duties of a good teacher; M' 186 SCHOOL LAW. East I*""'" Pi .;•••«; ^H... iJ.fr ' ^^H MmMi':i ■l. ^ IP^' to hold school every day, except on Sundays and lestivals and on the holidays authorized by the com- nnssioners (or trustees) or granted by proper authority 1 he commissioners (or trustees) undertake to pay to the said (name of teacher) the sum of (state sum in JuU) tor the school year as follows : (state dates upon which payments are to be made) in current money and not otherwise, and the secretary-treasurer or any other person shall have no right to alter this method of pay- ment which shall always be made in money to the said teacher. *^ The said commissioners (or trustees) declare that they agree to the provisions of the law respectinff the payment of the salary of said teacher, and resp^tinff suits for the recovery thereof, if necessary, by the superintendent if he deems it advisable. A copy of the present engagement is forwarded to the superintendent. In default of any other engagement, the present shal continue to remain m force between the parties until it be legally set aside. ^ re^^"^ ^^® P*^^^^« ^^ve signed, after hearing the same Made in TRIPLICATE at the day of one thousand eight hundred and (Signature.) Chairman of the School Commissioners (or Trustees.) (Signature.) Teacher H. S Q., Title V, Form No. 14. rSi^i^^JT"^ ^^; ^ ^-^ ^^/ iiegulations of the Roman tatholvc Committee or of the Protestant Gommitt-e may also he used. ., ^^^^'—^he endagement shall not he made for less than one xfear udthoat a special authorization from the superintendent. (See article 225) Fomca 187 < CO o < I ^ p^ i'il 8£'g 111 1*1 • 'C § a^ « si's •sag Oca "542 1 "** "iJ is ai o o « I I *1T102 lonvio I'mooi-ioonoi W{% jo ;9ii«)s|gg« migopiA Laid *»gaed>e)«j oqi iCq JO sai^uoqin* |ooqo« aqi'x'q poiid -ung j; pinoq jo»ri|»A *aui||8iip g.joqovo) ^qi ioj gJ8i(«d-0)iu aq) jCq ^o pji>oq-|ooq9g oqi xq paqgRianj iqiiit pup lon j ^o onjuA aq) JO gariuoq^ (ooqas aq^xq iaqoao) oq?o4 paqsidjnj Hui •»po|joan|«At»nunv *«ai) -tioq)n« looqoioq) iCq'qtiva ui otqviCvd •Ai»tttg JO lunomy •looqogjoapBj© *«ino[d{(i JO opvjf) s s «U {U ^H ^ S ^ K »Q o: •r% ^ mi* 5 1 5 > e8 188 SCHOOL LAW. iiilillli No. 16. — APPLICATION FOR TRANSFER OP PAYMENTS UNDER PENSiON ACT OP 1866 TO THS PENSION FUND OP 1886. Province of Quebec, Municipality of {See Article 494) ) To the Superintendent of Public Instruction. Sir 1 have the honor to inform you that 1 desire the money which I have paid to the Pension Fund estab- lished by the law passed on the 22nd Dec, 1856, (19-20 Victoria, chapter 14, section 7) to be applied towards the payment of the stoppages required in virtue of chapter eleventh of title fifth of the Revised Statutes of the Province of Quebec, respecting the pension fund of officers of primary instruction. Dated at the day of ]8 (Signature) Teacher. R S. Q , Title V, Form No, 11. FORMa 139 No. 17.-— APPLICATIOX FOR PENSION. Province of Quebec, Municipality of {See Articles 495 and 619.) } To the Superintendent of Public Instraction. Sir, I have the honor to submit for your consideration the particulars of my claim to a pension established for the benefit of officers of primary instruction in virtue of chapter eleventh of title fifth of the Revised Statutes of the Province of Quebec, respecting the pension fund of officers of primary instruction. I w)as bom at {state 'place of hvrth and date.) I am domiciled at county of I began to teach in the year 18 , I have taught in the municipality of or municipalities of I exercised the functions of teacher during the ^ve school years next preceding the date of the present application in the municipality of or municipalities of I claim the right of admission to the benefit of the law on the following grounds: (give reasons). Given at the 18 day of (Signature,) ^ « ^ — Teacher. R S. Q., Tille T, Form No. 18. ?v. B. — Tnis application mail be made before Novem* her first. 190 SCHOOL LAW. No. 18. — ^MEDICAL CERTIFICATB, {See Article 4S9) } Province of Quebec, Municipality o£ I, the undersigned Omme of physician) solemnly declare that {name of applicant) officer of primary instruction, is affected with the disease of or infirmity {desc^^e particulars and indicate the causes) which entirely mc^mjitates him tot the duties of an officer of primary instruction. _I make this declaration, conscientiously believing the same to be true, and in virtue of the act respect- ing exti'a-judicial oaths. ^ Dated at on the w. ucher), n, who mnty). larried iate of s; and vidows ihapter of the 18 ansmit I mar* !.^^^H ^n- M On i I V ALPHABETICAL AND ANALYTICAL INDEX TO THB SCHOOL LAW. DefilSaon of word ^P't^^h ^ Who are considered absents. "" iqq AoADBMias:— (fi^« B, P. C, ^. 30.) Receive share of Superior Education Fund 441. 442 47& Ck>nditions required for grant 447 Grantmay be withheld .*.*.*.*;.'.'.*.'.'.'.'.*.".* 44^3 Special aid from School Corporation „. \ 957 Maximum cost of school building Z ' 266 Monthly fees. ^ .......*..'!!!.'." 274 Supported by two or more munidpalitie8./.V.V.V.V.''26S*to 222 County Academies 475 to 479 a0cx>unt to the legislature 25 Accusations,— Against a teacher : ,... 61 to 72 Against an inspector. ' " 73 ^PP^is;— {See R. a a, p 49, ami R. P. a, p, 63.) ' '** From the decisions of the Superintendent 83 S4 Concerning school disi;ricts and sites 253 Concerning the valuation of a schoolhouse .....! iJ>7 i 4 Concerning a special tax 955 Concerning the audit of accounts ..*.«.*.'.! ..328 Appointments by Lieutbnant-Govebnor :— Of members of the Council of Public Instruction..........; 39 Of Superintendent 27 Of members of Boards of Examinera for the civit Service 26 Of Professors of Normal Schools..... ,..*. .V.V.V.V... .." 89" Of School Inspectors J....T,'. 89 01 Of members o£ Boards of Examiners. 80 1 06 Of School C^yhfiTniaslntifV!^ si^H 'Fs-t-ss^s^^s ' s ' Powers of School Commissioners and Trusfees appointed 8 |lay be annulled by the Lieutenant-Governor only...... 10 13 .,t / .JN^,.-. 1 194 9^^ OOt XAW. AppoimoNiiiiiT i— " Article. ...^ 980 cIsu^riorEduci^^^^^^^ **^ *^ JJ? QfMarriage License Fees. ••— *JJ Of Common School Fund - «- r^' 1"? Of Local School Fund....»..... 414 Of Poor Municipalities Fund *^* Abbitration :— ^ . , ,. 260 For the price of a school site •:•,•"*;• '* For the^^value of school property upon dividing^^a ^ ^ ARRBA^iora'^fflchiiii'taxes'^^^^^^ three years i . 426 Assessors:— ... ^ 1. 1 471 For the Polytechnic School *'^ """IfnlmSrof pupils for dis^trict 140, 410 U Basis of division of grant ^^^ ^""Trai^ual audit of accounts of the Secretary -Treasurer. 324 For speiHal audit of a««^«^*«^ .^.|^.^..^.'y'.^^73^'?; 33O May'be demanded l^^^^^^ ^^^» ^l Mav be demanded hy Secretary-Treasurer 333 J^o Y For the Pension Fund accounts. 531 Authorization:— ^ _^ oqs To alienate school property......... • J?P To seize school property for debt........ •••• *"!* To exceed maximum price for schoolhouses.. ...;.... 256 | 1 To build two or more schoolhouses in one district ^6d To unite with a dissentient corporation................... i« tS change method of dividinglocal school funds......^. 416 For plans of schoolhouses..-.............; • -00 « f For debentures in aid of school libraries joi For special payment to Secretary-Treasurer -ii» Boards of Examiners :-{See M. C. a, p. 8, and R, P. C, p. 9 ) For Quebec and Montreal. :^^^ Established by Proclamation ' ^ Appointment of Members Wumberof members....^ • ;.,. Organized in two divisions j-^!. "ovemed by regulations.......... •• J^J ho must submit to examination » awo Persons exempt from examination -...••.• |i" Time and pl&e -.^ aieeting.. "^ «« \'^ Organization R>wersanu ?bt spttBt \^4«C»«« ••••#••»••••••••••••••••* #8 ««' »S«»tT»«-T '%.,. 3 118 -A. 114 260 4^6 A'7% 471 283 324 330 332 333 531 235 404 2 1 253 148 416 - 82 481 318 >.) 104 1<>5 • xi)e 1 *. . 10/ 111 108 no 1.2 113 . iis 1 Ch^ INIJBX: 1^5 Boards op Examiners :— Continued. i-*: , Duties may be modified ,1®* leachere may be re-examined .3 iit Central Board.... ui'Si iJ? r.^^^"^^ ^'^^'^""r? ^^j' assist at examinatioiii;:;;:;;;."! Im Candidates fob Tbaciiehs J:)iPix)MAS : ^"^ Must produce certificate of chancter... m 3 q" Must be IS years old iii | f Must deposit fees ' tio 5 T Are classified ' *" "j | ^ Are examined. j*^ | 2 Are granted diplomas '.*.V.V.*.'.V.V.'.*' iio I f* Censl's:— " • ^*^ « » To be made in September each year oqq To be reported in January......... «S Contents of. ,.. *• 5°^ Penalty for refusing information for.*.\\".7.!'**"""***'*'*' pS For admission to examination . iiq a o For a Normal School Diploua.. "* Li For incapacity for school duties .'.*.'.'.7""'*' {m For discharge of surety oX^ For application for pension.* **489 *495* 496''Ani* ?9^ Chairman of an ELEfrrioN Mpetinq :— ' ' '' ' ^^^ Qualifications of. ,......". 1^1 Requests nominations for electVon." .'.'."." iai May declare election closed ;«? May proceed to 1 jld a poll ....*.;*. ' ifi Proclaims candidates elected.. '"icfTfiQ 'i*7n 17a Method of taking the votes ......' ^ W ta 7? Must give casting vote "*" '^ ^® ]ll Must make report of election !.!!*.*.***.' ioS Chairman op the Administrative Comml^swn.*.*.*.*.*.'.."'.*."***" S Chairman of the Counctl op Public Instruction:— The Superintendent is ex-oflScio «u 41 May be named by the Council " ' li Has a casting vote * :i Chairman op thhs Committees oy'raE'couxaL o^'Pu^^^^^^ iNSTRUCriON :— vuuiv Named by the Committees 47 Has a casting vote % ^„..^:^.*^«."^«^*^^gs o^jjie commitVees::;;::;;:::::::.r::r:5i !{'}. «^AAAl.t..ll. 22::} 21 i) 220 Y/^k«»rk w«r nu f\ 1 «P*W« f% «t : 8 S f 9SS t T ■}\ii of of children to be prepared 283 account ., Census Books Books to be used r 224 'i 4 224 'i 11 iy If" 1 i 1 ll !■ f1^8 11 I (-..- 1 "% 1 '.1 ■ -~.» i^u -^ ^^ Enregistered !!r'.\\'.\\\\\\\".\\\'lV///.r.'.V.V.V.V.V.V.V.VZV.^^^^^ 113 1 1 if 1 Sbo SCHOOL LAW. Diplomas: — Continued. Article. For what time and place valid 115 May be revoked. ..; qi to 72,* 116 May be returned..,, ...71 Not required from clergymen, or members of reiigious -orders HO To be sealed !..!.."....... lis I 12 Forms furnished by Superintendent ..."!!!... 113 | 12 Dissentients:— f/Stfe Trustees.) Who may dissent..... 141 155 Notice of dissent and when it takes effect I4i' 142 First Trustees to be elected and Commie. )ners notified 143 ' If they become the majority 145 f Taxes, after notice of dissent .77! 146 May unite with another municipality i48 288 In case of union, taxes are uniform .' 149 Minority in a township or parish may unite 160 May be dissolved.;. .]...,. .•... 151 May be reorganized a second time.. ....!!*...*...!!.. 162 Indivic'ual dissentients may unite 153 ^ Certain schqolhouses belong to them .!,.*.. 154 Children of one district may attend another ..'*. 155 Their rights to the schoolhouse of the district 267 g 2 DlSTBICfTS:— Formation, naming, Hmits » 135 to 137 A school in each district 138 May be united ] '* 133 Division of scho)l property, when divided 267 Number of children neceiasary , 140 One school for two or more united districts 138 May have two schools in one district. 263 When no school is in operation *.....-.-. , 424 When it contributes little or nothing.. 426 Division of school funds among .....415, 416 How schoolhouse is built TT. ......*....250 to 262 — Girls' school forms one 417 Model school forms one !........'.!!.!!! 417 Drawing: — *""" To be taught in schools... ,.. 19 Kegulationa for. 20 Election of Commissioners and Trustees:— When and wlipre held ...^.. 147, 158, 169 By whom called.... 160. 162 Vvho presides , , * lei When a poll is demanded 163 to 179 Duration of election igQ .i-sT.«iTi%'-.>g,%,2;*v*^*^:jj^^^iJ.' '^"^iC-i^ Article. 115 ) 72, lie ious 110 113 I 12 113 I 12 141, 156 141, 142^ iied 143 145 146 148, 288 ••••• X4t7 150 ...... 151 162 153 154 ..... 155 267 i 2 > to 137 138 loo 267 140 138 263 424 425 U5, 416 I to 262 417 >•••• ^x / 20 L58, 159 [60, 162 161 1 to 179 .....180 '' a ■J'!*p»-S, Ehsm N M W Cj ■ N II Y Ir M Pi Ti If • Te Hi Elecic W M M; Ml Ml Ml Mi Engagj ( To Mi Tw Co; Tv\ To ] EXAMlx^ Ex A Mil Fabriq Fines :- Fo] Fo] Fo] Fo] Foi Foi INDEX. 201 Emsotios oif CojiMissioNERs AND TRUSTEES i—Continwdl, Article. Number to bo elected im Who may refuse oftice *..'.'.*.'..T"* lfir»"9 lai Whocan vote m'lS^ iRq iftl Who are eligible for election ....:::;:;.;;...' 184 tc! 1^ C^annot be re-elected without consent *" iS? Notices of election 1. . |!| v^Z ,y ^.^'"''^"^f ffo? death, absence, sickness; aVe filied.'. 189 month Lieutenant-Governor after one Incapacity to be eVtabVished by certi*^^^^^ "" iq? May be contested Jao Prosecution for illegally holding offlceV. »'.'.*'.* !!!.'" '*' 193 Procedure in case of prosecution "m'to 210 • rl''^. flS^ '^^1?^^ Commissioners are appointed...... 213 lerm of office of Commissioners 2II How retiring Commissioners are replaced .!!..'.!! 212 Electors :—(AS'ft; Voters.) **"** "Who are electors 15g 101 Must have paid all contributions .'...V.'.'.'.V.'."'.*. 182* 183 May propose candidates 164 to iflfl • May demand a poll :..;... 103 \^ May appeal from the decision of the presiding officer...' 170 Must take oath if required « » " »v,cr... j/u May contest any election '.'..V.'.V.V.'.'.V.V.V." 194 Engagement OP Teachers :-(^e« R. C. C, p.bi'and'lt.''jp, C, p. 67.) By resolution of School Corporation 224 9 1 By written contract— (Form 14) "* 224 I l To be by the year........... .' ....;.....;:;';; ^ May be cancelled for cause [ 224 » 2 Twojmonths notice reguired to discontinue..*.*.'.*. 227 Collective notices not valid .'..*.*.*.'.*.*.'.* 228 Two months notice required from teachers..,*!.*.'!!.*.**.*.*.*.*** 229 To be signed by Chairman and Secretary— Form No! 14, page 185. Examination of Teachers :-(^e€ Board of Examiners.)....,,., 113 ^examination of Inspectors 93 Fabrique Scuools .*.*.*.*.*.*!.'!!!'464"to 466 Fines : — v. w For not reporting election jgg For neglecting to call meetings .V.!'.*.!!!!* 220 For neglecting to make valuation !!!!!!!!! 342 For neirlectinor to nav tf^.aohara ^ojo ?or acting without sureties 298 299 For neglecting to give notice for election ! 162 *ni £02 SCflOOL LAW. 'Btswi—Cojfiiinued, Article For neglecting to give notice for a new election. 210 For infraction of duty by Secretary-Trea8urer.....j- SIO For refusing inspector access to books ••••v... 95 For acting without qualifications •.... 348 For detaining A'aluation roll or refusing a copy 845 For refusing information to valuators 346 For refusing information ibr the census...^ - 284 For refusing to fulfil school duties 430 For retaining documents of School Corporation 436 For obtaining grants, under false pretences, 433, 434 For disturbing a school 435 Forms .-^{Seepage 172 and R. C. C, p. 50, and R, P. C, p. 65.) What forms may be used 24 Prepared by Superintendent ..............38 S 2 GlEI'S' feCHOOL : — May be established by CommissioneTS 281 Form a district 281, 417 If established by religious community 282 Share of school funds 417 Gbakts :—(/&« Superior IMucation Fund and Common School Fund.) ' HbuDAYs :—{SeeJR» C. C p. 43, and JR, P. C, p. 53.) Saturday 22 May be determined by the Committees of the Council of Public Instruction 23 Not to teach on holidays. Form No. 14, page 185. Inoorpoeated Companies : — Taxes, by whom levied **» 378 ^ Taxes, how divided ...;. « 378 ^ Taxes, commuted ». « 249 Inqitries:— ' ^ By the Superintendent ....> 35 Py thii Committees of the Council of Public Instruc- tion .................^..•.•.... 64 to 70, 73, 90 Imtt^uprbtativb Pbovisions:— "Absent" «...c M H *' Assessor," ** valuUor " 12 8 "Audit" 1 « U "Auditor/* "verifier" 1 i 10 *' Common Schools," " Public Schools," " Schools "..... 1 g 1 "Guardian" ;. 1 § 9 "Month" 1 2 16 «' Rate-payer " 1 § 7 " Religious majority " and " Reli^ous minority "«... 1 I 4 " School corporation " 1 t 6 m ■^ 'if> j'^'^tife^ Intebt "1 "I "I "i ttf ni Inspbo ^^ Qu Du Po Hf Mc Im Ra] To Scl Ma To Ma Ya JAOQUBf LiBBAR] Jesuits' A p ti Manaqi Bui Rul Adi Mabria< Manaqs Api Can Mbbunc Oft Oft; Ofl OfS Mbbtinq For Chai Ho« Not Plae INDEX. 203 Article. Intbbprbtativb PaovisiONs i—Condt " School duties " and " School umce " i « 19 " School municipality " iff ed. >ffice" School year itend( "Taxable property" '...'*."'.* "" i 1 " Teacher,'^ " Professor " " - ^ " Superintendent "C.T.;.*;;;;:*; * J I ^S 2 la 3 Appointment >/' ; qq ^ Qualifications ' ^^» xi Duties " ' * • 2i Powers ^z.::::'::::::::::::::::::::::z 92 Have access lb school records and documents *.' m Member Board of Examiners o« Instructions to *'* A? gaiary.. .:.:z:::zz:y::::": It To be paid for special work "* ' gg SchoolVisitors (or Model Schools and Acidemtes.!;;*!.*; 102 May visit schools m another district of inspection 102 To viMt pensioned teachers Rm May be dismissed. ^^ Value teachers' salaries and henemiZy/ZSZZdm /i2? Jaoqubs-Cabtieb Normal School ' 4^ L1BRARIB8 IN School Munictpalitiks , ''\'.\ 48o'f^4ft9 Jesuits* Estates :— 4Wto4S.j ^Jit^J^ii^^^^'^^V}"^ supporter Protestant Institu- tions of Superior Education AAH Management OF Schools :-— Rules made by Committees 58 8 . ^. 89 91 Of School Commissioners and Trustees 8, 190, 212,^213 The effect of such nominations , 8 9 May be revoked 'lO Normal Schools :—{See R. C. C.,p. 37, and H. P. C, pVi'aV'* Building fund for .; .., 448 to 451 Salaries and contingent expenses .T 452, 453' Subjectito regulations of the Committees 454 Under control of the Superintendent........ » 454 Reports to the Superintendent..... 455 Appointment of Principals, Professors, &c 456 Conclitions of admissions 457 Aid out of Licome Fund to teachers in training........... 452 Diplomas granted by the Superintendent...' 460 .Value of Diplomas ., 401 Regulations for .....;.... ..] 462 Special provisions concerning Jacques-Cartier * and Laval Normal Schools.... 463 Notices :— How and where given n to 14 Length of time for.... , 17^ 219 Apply to non-residents , { 18 Tn ^mn. {yMii.nnln t^-,m *n»^ 1 -^ ' t n -'' For erection of a municipality 123 For changr of limits of a municipality 123 lor union of districts.. ..» .» 13s k i 206 SCHOOL LAW. :^ NoTiOBfS— Conitntted. Article. For dissent 141, 142 For ceasing to be a dissentient — •• 157 For separation of dissentient corporations 148, 14Q For dissolution of dissentient corporations. 151 For new election when annulled by a judge 209, 210 For meetings of School Corporations 219 For payment of school taxes 849,359, 393 For examination of collection roll 362, 355 For taxes for schoolhouses ••• 252 For inquiry against a teacher *. 63, 67 For the audit of Sec. -Treasurer's accounts.. 325, 326, 33H 4 For the meetings of Boards o£ Exammers 60 For dismissal of teachers .•••••.• 227, 228 Notices in thb OPFiaAL Gazette:— For the erection of municipalities r. 12.>, 124 For change of limits 123> J24 For separation of dissentients 14b i 4 For dissolution of dissentient corporporaiions 151 For meetings of Boards of Examiners 60 Notices in Newspapers tor accountB of feecretary-Treasufer.. 322 Fbnsjon Fund -- ^ -^ • ^o„ ^r,. Definition of terms 483, 484 Persons ehgible for a pension... • 485 Amount of Pension... 486 Maximum average salary > 487 Pension for ill-health « .»•.•• 488 to 491 Years of service 492, 493, 517 Relation to Act of 1856 i. - 494 Certificates required 495. 496 Pensions for widows - « 497 to 501 Stoppages and grants 502 to 512 Payment of pensions 513, 514, 519 I)emand for payment of pensions to be made before 1st November 519 Pensions forfeited ' 515, 516 Refund in certain cases... 518 Valuation of salaries... 520, 521 Valuation of benefita 522 to 525 - Administrative commission....... 526 to 528, 530 |*ensioners visited by School Inspectors 529 Accounts ••••• 531 * Pensions not assignable, may not be seized... 532 Tinaa nnf. annlv tn tflftfthftTg TAceivinff Ttensions boforo ist July^lM. ...."...*...... 533 Pension Fund of 18^6 .., *••.. 422 i 3 Article. 141, 142 >M... 157 148, 14Q 151 209, 210 219 359, 393 352, 355 . 63, 67 \ 331 \ 4 60 227, 228 123, 124 123, J 24 148 \ 4 151 60 fer.. 322 483, 484 485 486 487 88 to 491 493, 517 495. 496 97 to 501 02 to 512 514, 519 B ISt • ••«•• OlH 515, 516 518 520, 521 22 to 525 528, 530 529 , 531 , 532 3fore 533 . 422 3 3 '^ ! ! ..'* jV I POLV'J Poor Pbinc I I C ]i C Prose V B s A Y P F F F F PUBU QUOHI F O Rblig •A! V KfiLIG ^! V Repoi T T INDEX. 207 Hi; Ph^tition :- ^ Article. Against decisions of School Commissioners 258 Must be signed by three School Visitors 258 Decision of tlie Superintendent final 268 POLVTKCHNIO ScHOOL 4(i7 ^q 474 Poor Municipautv Fund 414 Principals op Normal Schools : — By whom appointed and removed 466 Report to the Superintendent 455 Cause pupils to sign agreements >, 457 Kecomniend Attorney-General to sue 468 Certify pupils to Superintendent .400 Prosecutions :—(/SVe Fines.) For school taxes and fees , 426 Before what tribunals .' 427, 431, 433, 437, 439 No ap])eal from decision 427 § 2 Suit to be based upon resolution ; 428 Actions taken by Chairman or Secretary-Treasurer 429 For refusing or neglecting oftice 430 Penalty to form part of school fund 431 'i 2 For making false returns 433 For disturbing a school 435 For retaining docmnents, &c 436 to 440 For failure to fulfil Normal School contract 453 Puanc Examination op Schools 410 'i 5, 224 I 6 Quorum: — ^ For all corporations, boards, &c 2 Of the Council of Pubhc Instruction i 46 Of the Committees of the Council 47 Religious Majority :— Meaning of term 1 § 4 When it becomes minority ....y.» 145 Rrligious Minority : Meaning of term 1^4 May dissent ....yb 141 When it becomes majority ^ 145 Reports;— Of the Superintendent to the Legislature 33 ^ 6 Of election 188 Of institutions of Superior Education 447 Of commissioners and trustees 224 f 9, 410 2 6, 524 Of principals of Normal Schools........ 455 Of teachers' salaries :; 524 Of iusoectors concerninff ppnflionftjta-.. .......... ....-.,.. 529 To commissi onerB by teacLer * 410 § 4 To school corporation by commissioners...; 224 § 7- ■rf'i ' li II ■ I il : ■ 'W ■ ■-■-■ , ~^^;f?'"'"^ * ■ ■ ■ A ' '.. „ ^- i-l 108 80H00L LAW. Article Saturday a Houday.! « 22 School DisTWcr:— (-See Dwnditions of payment Jj^ For a model scnool ^,y " The balance to be deposited ...• • ^J-J Share of district where there is no schoc ...•• 4J4 Share of district that contributes little •• 42o In charge of Secretary-Ti;ea8urer oUO ScHOOLHousES :-(6Ve i?. C. C, p. 40, and /?. P. C, p. 49 ) How eost of building is [provided for ^50 to 25i Two or more in one district , ^^| Maximum cost of. •;^}l Plans for ;^^*» Special repairs may be authorized --^^ Special taxessfor may be appealed against... ^^-^ For Superior Schools by two or more corporations. 208 to tU To whom they belong when the district is divided 2(37 To whom they belong when the religious minority dissents V •" ^^'^ ^ ^ School Inspectors :-~(6Ve Inspectorf.) School Property:— Vested in School Corporation ^o4 Commissioners to take possession of. 231 f 1 Commissioners to acquire ^31 | 2 Commissioners to repair, &c » ^ol | .i Managers for, .o be appointed '^'^l « 4 Maximum value fixed '•• ^;J- May become vested in the Superintendent ^f-^ Cannot be alienated without authorization 2o5 School Site -.--{See R. C. C, p. 39, ajid R. P. C, p. 49.) Ground for may be expropriated 260 to 264 If resistance is offered to Commissioners 265 Certain property cannot be expropriated 266 School Year:— (-See i2. C*. C, p. 43, and R. P. C, j>. 63.) xMeaning of.. Jn a o Minimum ^^^ « - Secret AiiiBs : — / ,., Of the Committees • 47, 49 I^U^WB^^ 22 I It L6, 416 ... 410 .... 417 .... 423 .... 424 .... 425 .... oOO to 25-2 .... 253 .... 2i)Vi .... 25<4 ''fi4 .... 25i3 ; to 272 2(37 •ity 1 ■ .... ^o^ 231 ^. 1 231 'i 2 231 8 3 231 I 4 ■ ..:.. 232 233 235 ) to 264 265 266 1 I 15 410 § ? 43 . 47, 49 2 IH i V 1 : r ^^m '1' ^^B -^ ii % ^^^^1 1 ^^^^^1 1 i ; 1 ^^^^^^B ^^^^^^^^1 ^^^^^^H ? \ ^^^^^H ^ I t ■j ^^^^^^H ^^^^^H ^ 1 i ^H'^' ^^^^H -^ 1 1 \ ^^^^^^^Hl ^B '' i 1 |! i 1 ^^^H I'* 4 H •" ^^^^^Hp ' 1 i ^^^^M *- ! 1 1 j 1 1 11 t 1 I • ) i! 1] 1 ! „ „ ^:.V...;^-S3 ^,sl-~-^ . .... >^ Sbobm'AMbs :— Omiintied. ^ Article OfBoards of Examiners no Of Central Board of Examiners .»r.!'.!.'.7/.!!!'." 120 Sbcsktasibs op the Dbpabtmbnt:— Appointment ^ oo qq Powers and Duties 9a S Documents signed by " ' ' « May hold inquiries '..*.*.*.!**"* '" 3? Replace the Superintendent in certain cases.'.'.V.V*;;;!;!!!! 33 Are jomt-secretaries of the Council S Sbobbt^.T^ubee of Commis«onbbs OB T^v^^'i^See K. a C, p. 45, and JR. P. C., p. 56.) ^r^'r^*cu%!!™..?f.°?rr-- "•••• '^' i^ Form of security ' 9QK"^t Security bond to be deposited ,C" "" ' ^ Sureties of, may free themselves [' ' **" 297 Must renew his security... „ "* 298 299 Sureties of, may demand discharge '....'.'.*.'.."**." ' 300 Keeper of all books, documents, &c ,... . * 301 Keeps minutes of each meeting. ' q02 Signs the minutes ^ •••"• 3^ Notes amendments in margin...'.*!""'...?.'.'.''.***'** 304 Copies of documents made are authentic* .".'*.*.*.*.'.*".'.'.'! 305 Collects and has charge of all monies 306 -. ays.otit sums authorized 307 Oertain demands paid without aut*horiziti'oi.'.'.'.'.**.*Z.'!!; 308 Ubject of the payment must be clear. 309 Cannot grant discharges or lend ' 310 Books must be in prescribed form ." [ 311 Must preserve vouchers qio Must keep a Repertory ' 323 MuH^^^^^ vouchers are open for i'n'si)^*ction.':;;'.;;;;::: 314 Must dehver copies of documents 315 jMay be removed at any time...^ 316 Teacher cannot act as T 017 Remuneration of. ........................". 318 May appoint assistant SecretarylTreas'urer'.*'.'.!'.]'.!*.*.'!3'l'9', 320 Submits financial statement in July 32I Submits abstract of statement to rate-payers. .*.".'.'. 322 ±iirnishes copies of statement .;. 393 Accounts of, audited annually .".'.'.'.**'"".*"""" .324 »^l>6eittl audit of accounts .". 326 to 330 Accounts of, audited by Sttperinte^de*nt'.'.'.'.'.*.'.'.'.'.'.'.... 331. 332 May demand an audit .^. ,„ ' ^ 14 fft 210 "«=-*. i ' SCHOOL LAW* 11 K f '}' SEGBETAiBY-TBBAsrmBB:— Continued. ^ • Article. May be sued by Commissioners in an action to account 334 May be sued by Superintendent in an action to accoant , , 334 to 339 \ Accounts of^ are examined by the Inspector 91 S 2, 95 Must collect taxes to pay ceachers. i 241 to 24!v Mudt take census of cnildren in ^ptember 2S3 Must» if ordered, prepare statement of^ unpaid taxes In November >.,. -»........ 374 Sbcubity ;— Given by the Superintendent.* ..«.. 27 Given by Secretary-Treasurers «... 294 to 296 SsiauBEs; — For taxes of ratepayers 358 to 365 Against School Corporations for debts 386,^94,404 Opposition to 366 to '67^ firPERlNTENDENTr — Appointment and salary..^ 27 Acts under instructions of Council and Committees..... 32 Appeal from his decisions • 83 Appeal to him* respectmg sites of school-houses 258 Appoints anditoi, on reiusaj of Commissioners.. 333 Appoints School Inspector to examine accounts and to hold inquiry 98, 128 Apportions grants for education according to recom- mendation of Committees 441 Approves or furmshes plans for schoolhouses "256 § 2 Arts, &c., encouragement of. .u 3S k S Authorizes special tax to pay amount of judgments against school corporations 383 Books and Registers, to keep. „■ 38 | 4 Chairman of Council..... 34, 41 Collects royalty for publishing works and delivers copies. 80 Decision, respecting (Secretary-Treasurers', accounts. 331, 332 Demands, by action, return of property of school cor- porations 437 Determines form, &c., of text-books 81 Examines accounts 38 § 5, 128 to 133 Forms, to. prepare < 38 § 2 Furnishes Boards of Examiners with forms of di- ploma 113 'i 12 Gives instructions respecting accounts and registers. 224 § 8 liiveH lusiructious tu Iiispectors *^"^ Gives notice in Official Gazette of change of time of meetings of Bosods of EzaniiiMDi..*.*.* ^ ■ "^'^fe,^'.. « INDEX. Sc rERixTENDBNT :— Coniintteti. Article. Gives notice of alterations, subdivisions or erections of School Mmiicipalities 123 Has control over Nofmal Schools 454 Inquiries,.^.... , 35, 128 to 134 Keeps register of names of toachers under direction of Connnittees «..u.. 58 § 6 May allow Commissioners or Trustees to levy a special rate on real estate outside town or village.... 240 May appoint delegate for examination of accounts.. 331 2 3 May apportion part of grant for support of a model school ^-i 418 Miiy nnthorize two or more schoolhouses in a district.. 253 May call special meetings of Council 45 ^ May delegate powers.... «.!.... 33, 35 May exempt poor municipalities from school taxes 413 May grant diplomas to students of Noimal Schools 460 May modify his decisions in certain cases 259 May order inspectors to visit aiiother district 102 May pay indemnity out of grant, to teacher unjustly . dismissed #..., 421 May pay school grant in certain cases..^ 411 May refuse grant in certain cases 419, 420 May sue Commissioners or trustees for teachers' unpaid salaries 244 Member ex-officio of Council and of Committees 41 Other positions occupied by him 34 Payo school grants half yearly. ...; 409 Prepares annual report 38 §§ 6, 7 Prepares budget of« Public Instruction 37 Publishes statistics, &c 36 Publishes statement of accounts of pension fu|id in his report............ ......,..A.,....^ 531 Receives and distributes mo^ey for school purposes. 38 O Distributes Poor Municipality School Fund. 414 Recommendations on management of schools 38 § 3 Recommends liieutenant-Governpr ^n Council to dis- solve corporations 6t trustees..?...... .^^ .:... 151 Retains amounts 9ut of salaries to pay stoppages for Pensior Fund ^i.... 512 Retains grant in certain cases 77, 419, 420 . -Retains grsint if monthly fees are not fixed or collected. 280 Retains grant if teachers* salaries are not paid 242 Keiaius grant if teachers without diplomas are employed 11)9 Retains grant if unauthorized text-books are used 77 l^vises accounts of Secretary-Treasurers in certain cases 331 ' .. ..... .rr 211 • u^ SCHOOL LAW. „ ^. , Article. ^°TCr^;e;y'tr in SupeHnten.ent in .rt.iu ^^^ inspectors. Ki'Son' rac^unt-^gS- Seei^UrylT^f. 224 I 11 ■••••••«•** I •••••• •• >«•• ••••••••• •••••••••• 334 to 339 101 441 441 surer i"**\'V. i: 'ic Visitor-general of public sch( ols , SuPEBioR Education FuKD :— , Institutions entitled to receive aid ^^^ Grants for one year.......-...-- ••—•*• 443 Conditions maybe .a^^^f^^^^X'^rFeel^^^^^^^^^^ • ^^^^ - Revenue from Marriage License f «®?;;V * * 1 " " , .; 445 Interest on $60,000, compensation to Prote^^^^^ To what institutions grants may be maae ^^^ Form of aPPi^^^'on....y •.••••••— ;;;.t.7295'*to SOp, 338 Sureties of THte Secretary- Ireasurer Taxes :—{See Valuaitm Roll.) ^ . ..i^ 236 Must be levied for support of schools ^.^^ Minimum amount.. ."'": *>iH MiSS amount to be. certified ...». ;;;;;;; ^ Imposed uniformly .....y.-v* •••:•••••;•?;•.;;' ••™ 240 Different rates may be levi^dj^ certain cases. -^^ ^ .^^^^ Certain property exempt trom....... ..•.—•••• ' ^^^ CerSin Ratepayers may be. exempt from....... ^ May be commuted in certain cases ^ .^^^^ Based on municipal valuatioA roil...... • .^^^ Time when imposed...... ••— "" 351 May be received m kinq..s..- —— ••• •— 352 +0 357 How the collection roll is prepared 35- Jo ^ Collection by means of iseizare ^ .^^^ ^^ ^^o Municipal Council........ ••— - • ; ; - New tax in case a tax is annullea y'l""— '"V. j^yg On incorporated compames^.^.^.^.j \"*'/.'*"'"!*.'..*."r.!*.*.'380 May De aiviuwu uy xxo« x^-.^- ^j^l Levied to pay debts incurred ••• • .33 Levied to pay judgment...... • oc? to 404 ImVosed by glieritf to pay ju^g^e^^- - ^^ ^ *^ rtlcle. ill ... 233 , i 2 8d ^ o\ ,.. 64 4 I 11 la- to 339 ... 101 .... 441 .... 441 .... 442 ....443 .... 443 .... 444 ....; 445 .... 44t> 447 iOi), 338 ..... 236 237 ...... 238 23U 240 245, 370 ..... 248 240 340 349, 350 351 b2 to 357 38 to 305 66 to 373 urer 374, 375 rthe ■ •••••• • w 4 :...-;... 378 ..^.... o80 ..,,... 381 , 382, 383 587 to 404 •s- ill '.»» ! INDEX. 213 225 228 Tbacrbrb : {See R. C, C, p, 44, ^$ ^''«^i,; !f"«. i n 21^ ^ ^ gC^OQL LAW. -^ : - -'f— -r—T ■ Article Valuation BoLTi;-^Oi«i»M*«l. ^ - missioners - ••• ••' 345 Fees for copy of valuation roll -v- 3^ Rights of valuators....... • *^ 043 Qualifications of v^Juatore...... •— •" 347 Bv whom valuatiott roll may be amemled .^.... ^ Mav be amended in certain cases... -*«» f*l Prwured by Sheriff or made by him..... : •• ^ Trustees entitled to a copy..... - ;.—— Vautatoiw :— 34O Appointment cf. * * ' g^g Qualification oi •••••— * 343 Incur a fine when not quahfied ^ Right to enter upon property r ^. Penalty for obstruction - ^ Visitors:— , .'. 100 Who are visitors :•••• ' qq What schools they may visit •• ^^'^ Visitor-GenerAk ; • • • iq2 School Inspectors are visitors *^,^ _ Their privileges " Voluntary Contmbutions :— ... 405 How made...... •• ' Ana Attested by Secretary-Treasurer.... *^« to replace ordinary school taxes •• • JJJ Must be paid in one payment ^ •• **"' Voters :—!:(5€e JB5kc«)r«.) . i»i is^ Qualifications for.. ,": '• *°*' til Resident voters eUgible as Commissioners 10* Dissentients cannot voto for Com missioners.... i^J Members of majority cannot vote for Trustees 185 .;^gggSlri^| I ■ I i^ I I r,l ;ii / "r 1 1 /' Co REGULATIONS OF THE PROTESTANT COMMITTEE OF THE Council of Public Instruction. ',} 1 ! i ' ! 1 1 I i I h 1 ! 1 1 ■ 2^ s SCHOOL REGULATIONS REVISED BY THE Protestant Committee of tHe Conncli of PnWic Instmction, And approved by Order in Council, 30tfi November, 1888, WITH AMENDMENTS TO 25TH FEB., 1891, (1). I. CONCERNING SCHOOL INSPECTORS. Examination. 1. There shall be a Board of Examiners for the ex- amination of candidates for the position of inspector of Protestant schools, composed of three members, one of whom shall be the principal of the McGill Normal School. The remaining two members shall be ap- pointed by the Protestant Committee of the Council of Public Instruction. 2. The expenses of this Board of Examiners shall be paid, partly from the deposits of the candidates and partly from the contingent expenses of the Depart- ment of Public Instruction. 3. The examiners shall prepare the questions, con- duct the examinations in writing, value the answers, and make a written report of the results to the Pro- testant Committee at the first meeting after the ex- amination. (1) * Signifies "As amended 6th Nov., 1889." t Sigoifiea "As amended 24th Sept., 1890." X Signifies "As amended 14th Nov., 1890." § Signifies "As amended 25th Feb., 1891." ■ ■ 1 uJlK mmm 1 I 1 1 4 REGULATIONS OP THE PROTESTANT COMMITTEE. %. Candidates for the position of inspector of Pro- testant schools shall appear before the Board of Exam- iners, or before a sub-committee of the Protestant Committee appointed for the purpose, at Quebec, at the time appointed by advertisement given by the Superintendent of Public Instruction 5 Each candidate shall forward to the Superin- tendent of Public Instruction, at least six days before the time appointed for the examination, the following documents • (a) A written application for appointment stat- ing the religious belief of the candidate, and his acye, which must not be less than 25 nor more than 50 years ; (h) Testimonials of good character and conduct according to Form No. 1, prescribed for teachers , (c) Certificates of literary attainments and qualifications, of university degree, and of honors, if any, and other particulars bearing upon his qualifications ; {d) Certificates showing (1), that he holds a diploma, (2) that he has taught at least five years, (3) that he has not discontinued teaching more than ^ve years. 6. Each candidate shall deposit six dollars to defray the cost of advertising in the Quebec Official Gazette, and for other necessary expenses. 7. Each candidate shall be examined with reference to; (a) The methods of teaching the subjects of the authorized course of study ; (f^) The orsranization.* discipline and mana;xe- ment of schools ; (c) The duties of inspectors, school boar^^s and SCHOOL INSPECTORS. teachers, and] the operation of the school law and regulations of the Province. Fifty per cent, of the marks in each of the three divisions of the examination will be required for passing. §S. The documents produced by the candidates, and the results of their examination shall be submitted to the Protestant Committee for their approval, and the candidates found qualified by the Committee for the position of inspector shall be granted certicates of the first or second class, according to Form No. 2. Duties of School Inspectors. 0. It is the duty of school inspectors : — 1. To visit each school of their inspectorates twice every year, giving two hours, on an average, to the inspection of each sch le actual results of the examination by the iusp^'ctoi* and upon the infor- mation obtained from tlio teacher. It is desirable that one prize at least should be given in each of the classes of the school. An extra prize may be given for attend- ance and conduct as shown by the snhooi journal, but this shall be distinct from the prizes for proficiency, and shall not be given unless a school journal has been regularly kopb. 13. Prize books given by the inspectors shall not be distributed at public examinations or closing exercises in lieu of prizes to which pupils are entitled from the teachers or school boards. 14. The inspector shall fill up and sign the label to be found in each prize book. 1»5. The inspector shall enter on the school visitors* register the name of each pupil to whom he gives a prize, his age, the subject for which it was awarded, and the title of the book given. The inspector shall see that the teachers are provided by the school com- missioners (or trustees) with a school visitors' regis- ter, separate from the school journal, and in schools where there is no register, he shall give no prizes. 10. The prize books are divided into two classes, Roman Catholic and Protestant, distinguished by spe- cial labels, and inspectors shall observe this division in distributing the prizes to pupils. ff BJAIID OF EX AM IN mis. 9 II. CONCERNING THE PROTESTANT CENTRAL BOARD OF EXAMINERS. IT. The Protestant Central Board of Examiners shall alone have the power to grant diplomas valid f'o Protestant .chools. 18. The diplomas granted by the Central Board of Examiners shall be of three grades, viz.: — Elementary, Model School and Academy, and these are valid for any Protestant school of the same grade in the Pro- vince. lO. There shall be three classes of elementary dip- lomas and two classes of model school and academy diplomas. Third class elementary diplomas shall be valid for one year only. §20. The cities of Montreal, Quebec and Sherbrooke shall be centres of examination for the three grades of diplomas ; and the following places shall be centres of examination for elementary and model school diplomas, viz : — Shawville, Aylmer, Lachute, Hun- tingdon, Cowansville, Waterloo, Stanstead, Richmond, Inverness, ThreeRivers, NewCarlisle, and Gaspe Village. fSl. The examination of candidates shall begin at the local centres on the first Tuesday in July, or the last Tuesday in June each year, as dete mined by the Protestant Committee. 2S. Each candidate shall notify the secretary of the Central Board o'* Examiners, in accordance with Form No. 3, at least iifteen days before the date of the ex- amination, of his intention to present himself for ex- amination. 23. Each candidate shall deposit with the secretary of the Central Board before his examination, first, a certificate of good moral character, according to the authorized form No. 1, signed by the minister of the ji. \ 10 REGULATIONS OF THE PR0TB8TANT OOMMITTBli Hi I'! I m ^^^^^^■l ■■ i 1 ^^^^^^^^Hl ^Bh ' ^^^^^^■^ i 1 ^^^^^^^^H-.i i 1 ^^■1' si ^^^^^^^■|; congregation to which he belongs, and by at least two school commissioners or trustees or school visitors of the locality in which he has resided for the six months previous to his examination ; second, an extract from a register of baptisms, or other sufficient proof, show- ing that he was at least eighteen years of age last birthday. 24. Each candidate for an elementary or model school diploma, shall pay to the secretary of the Central Board the sum of two dollars, and each candidate for an academy diploma three dollars. These fees shall be used in paying the expenses of the Central Board of Examiners. The fees shall not be returned to a candidate who has failed to obtain a diploma, but at the next examination such candidate may again pre- sent himself without extra payment. The candidate or candidates taking the highest number of marks and a second class elementary diploma shall be exempt from fees. 25. Candidates shall be examined in each sub'ec by printed examination papers. These examination papers shall be prepared by the Central Board. 26. The examination at the local centres shall be under the charge of deputy-examiners appointed by the Protestant Committee. The school inspectors shall, wiien required, act as deputy-examiners, and addi- tional depuGV-examiners may be appointed by the committee at a charge not exceeding five dollars per day. 27. The examination papers shall be sent, under seal, to the different deputy-examiners, to be opened by them on the days and hours fixed for examination, and in the presence of the candidates. Each candidate shall write his answers on the paper provided for him, and no other paper shall be used. 2». At the close of the time allotted for each sub- BOARD OF EXAMINERS. 11 ject, the answers of the candidates shall be collected by the deputy-examiner, placed in the appropriate en- velope provided for the purpose, and sealed in the presence of the candidates, without being read by the deputy-examiner. No paper shall be returned to the candidates for correction or additions after it has been received from the candidates. 20. At the close of the examination, the envelopes containing the candidates' answers in the several sub- jects, shall be carefully packed together and forwarded to the secretary of the Central Board, Department of Public Instruction, Quebec, 30. The answers shall be read and valued by the members of the Central Board ; the number of marks accorded to each answer, and the total number of marks gained by a candidate in each subject, shall be distinctly marked upon his papers. The papers of each candidate examined, thus marked, shall be fast- ened together and returned by the secretary, together with the report required by Reg. 42, to the Superin- tendent of Public Instruction, who will immediatelj'- submit the same to the Protestant Committee. 31. The rules contained in Reg. 50 shall be strictly observed in conducting the examination. At the hou fixed for opening the examination on the first day, after the candidates are seated, and before the exami- nation questions are distributed, the rules in Reg. 50 shall be read aloud to the assembled candidates by the deputy-examiner. 32. Candidates for the three grades of diplomas shall be subject to examination in accordance with the> requirements of the Syllabus of examination, issued from time to time by the Protestant Committee. 4'33i Three and a half da'^s shall he allowed for examina- tion for elementary diplomas, four days for model school diplomas, and five days for academy diplomas. ifi f, k. I, h - li 8J* «> ; '?' 12 REGULATIONS OP THE PROTESTANT COMMITTEE. lis!) |34. The following shall be the order and the sub- jects of the examination for the three grades of di- plomas : — " ELEMENTARY. MODKL. ACADEMY. Tuesday, 9-12 j Reading, Writ- ing, Dictation ; Arithmetic. 1 Reading, Writ- ing, Dictation ; Arithmetic. t Reading, Writ- ing, Dictation ; Arithmetic. Do. 2-5. Grammar &Comp.; Literature. Grammar &Comp.; Literature. Grammar &Comp.; Literature. Wednes- day, 9-12. History, Scripture and Canadian ; Geography. History, Scripture and English ; Geography. History, Scripture and Englisn ; Geography. Do. 2-5. Drawing ; Art of Teaching. Drawing ; Art of Teaching. Drawing ; Art of Teaching. Thursday, 9-12. Book-keeping ; Physiology and Hygiene ; School Law. Book-keeping ; Physiology and Hygiene ; School Law. Book-keeping ; Physiology and Hygiene ; School Law. Do. 2-5. •Algebra ; ♦Geometry Algebra ; Geometry. Algebra ; Geometry. Friday, 9-12 ♦French. French ; Botany . French ; Botany. ho 2-5- ♦Latin. Latin ; Roman History. Saturday, 9-12. Greek ; Grecian History. Do. 2-3^. r Trigonometry. t Reading may be taken any time on Tuesday. ♦ French, 4Igebra, and Geometry are not compulsory for a Second o Third Class Elementary Diploma ; and Latin is not compulsory for a Second Class Model School Diploma ; but those candidates only who pass the exam- ination in those subjects are eligible for the First Class Diploma under ■D. .io4-: ^vcgutcst; 97 JVBl t-- f BOARD OF EXAMINERS 13 •)- 35. Candidates for elementary diplomas must take at least fifty per cent, of the marks in each of the subjects, Writing, Arithmetic, Geography, Grammar, Scripture History, and the Art of Teaching, and at least one- third of the marks in each of the other sub- jects. Candidates for model school diplomas must take fifty per cent, of the marks in each of the sub- jects. Writing, Arithmetic, Geography, Grammar, Scripture History, English History, Art of Teaching, Geometry and Algebra, and one-third of the marks in each of the other subjects. Candidates for aca- demy diplomas must take fifty per cent, of the marks in each of the above named subjects for the model school diploma, and in Latin and Greek, and one- third of the marks in each of the other subjects. Three-fourths of the marks must be taken by all candidates in spelling. 36. Candidates for any diploma, who obtain sixty per cent, of the aggregate marks, shall be entitled to second class diplomas. Candidates for elementary diplomas who obtain forty-five per cent, and less than sixty per cent, of the aggregate marks, shall be enti- tled to third class elementary diplomas. 37. Candidates holding (a) model school or elemen- tary diplomas, granted under the Regulations of the Protestant Committee before 1st of January, 1887, or (b) second class model school or elementary diplomas, granted under these regulations, who present to the Pro- testant Central Board of Examiners (a) certificates from a school inspector that they have taught successfully for five years after obtaining such a diploma, or (b) certifi- cates that they have taught successfully three years and attended three Annual Teachers' Institutes and fulfilled the prescribed requirements thereof shall be entitled to receive firc:t class diplomas of the grade which they ■:.|. I '.]'■ . >£l| iR . i 14 REGULATIONS OP TEE PROTESTANT COMMITTEE. I -IP SH. A candidate for an academy diploma, who fails to obtain that diploma, may be granted a second class model school diploma if he passes in each subject, or if he obtains the requisite marks in the subjects pre- scribed for that diploma. And a candidate for p model school diploma, who fails to obtain that diploma, may, on similar conditions, be granted a socond class ele- mentary diploma. *3». Candidates for elementary diplomas, who fail m one or two subjects of the examination, may, on the recommendation of the Central Board of Examin- ers, be granted third class elementary diplomas, and candidates so recommended shall be entitled to receive second class elementary diplomas at the next examin- ation upon passing in those subjects in which they failed. '^ 40. A person holding a diploma as teacher granted by extra-provincial examiners, who desires to obtain a diploma for this Province, shall be exempted by the Central Board of Examiners from examination in any subject in vrhich he passed creditably in his extra- provincial examination. Such person however, is re- quired to submit to the Protestant Committee the following documents : — (a) A programme showing the subjects and the nature of the examination upon which he obtained his extra-provincial diploma ; (b) A certified statement of the marks obtained m each subject of the examination ; (c) The diploma which he holds ; (d) A certificate of age, and a certificate of mural character according to the authorized from No. 1 ; If these documents are satisfactory the Superintend- ent may, if necessary, grant a permit to teach until the date of examination. And no exemptions from examinations shall b« who fails Bond class jubject, or jects pre- r f) model )ma, may, class ele- , who fail may, on Examin- mas, and bo receive [> examin- lich they r granted • obtain a i by the )n in any is extra- 'er, is re- ittee the ! and the obtained obtained of mi>ral m No. 1 ; jrintend- -ch until shall be BOARD OP EXAMINERS. 15 granted without a recommendation to that effect from the Protestant Committee, after considerinrall th^ circumstances of the case, naming the suSf for ex emption and the grade of diploml that miy bV^^en Such person upon passing the examination if the remaining subjects prescribed for said grade of dinlo ma, and in the School Law and ReguMons ^^^^^^^^ Province, and paying the prescribed fees, shal be ril^^Srmltt^^^^ '-'' recommended'^^S: erpTctroT h' subjects in which they took^t W nLf'f ! \l the marks m the examination for the certificate of Associate in Arts as follows - ^or all diplomas :_Scriptura History and 'the ODtional Subjects, except Algebra, Geometry, French Latin and Greek, m the case of the Academy diploma.) ' For the elementary diplomas :-The Preliminary Subiecte except dictation, in addition to the foregoing. ^ ^'^ 4^. The Central Board of Examiners shall cause a register of examinations to be kept, in which the sec retary shall enter the names of all candidates, and opposite each name the date of examination, the grade ot diploma, the class of diploma, and the name of the minister signing the certificate of moral character. The secretary shall transmit to the Superintendent of Pub- lic Instruction, within thirty days from the date of ex^ ammation, a special report of the board as to the results ot the examination containing the names of the candi- dates to whom diplomas were granted, and such other mtormation as may be required by the prescribed form ot report, and as the board may deem it expedient to give ; such reports to be signed on behalf of the board by the president or vice-president and the secretary. ^^,^^•£fe "n- 1„!!^.^1/«P-^ '^^. Superintenint -._.^o „^ ,^.^ y„y^-„j^^.„ j.^^- required number of ; I shal '; 11 HI W REGULATIONS OF THE PROTESTANT COMMITTER. diplomas, each diploma being sealed with the seal of the Department of Public Instruction. No diploma shall be valid without said seal and the signatures of the president, or vice-president, and the secretary of the Central Board of Examiners. The diplomas shall be filled in and mailed to the su<;cessful candidates by the secretary. ^ 44. Whenever it is evident, from the report to the Superintendent, or from the papers of the candidates submitted to the Protestant Committee, in accordance with Reg. 30, or for other reasons, that the Central Board of Examiners has not conducted any particular examination in accordance with the provisions of the law and these Regulations, the Protestant Committee of the Council of Public Instruction may declare, either, first, one or more d'piomas granted at said examination, or, second, the whole proceedings of saiil Central Board of Examiners at said meeting, null and void, in which case the Board of Examiners and the candidates who receive 1 diplomas shall be notified thereof by the Superintendent. 45. Upon representation made in writing to the Protestant Committee of the Council of Public In- struction by the inspector of any district, that a teacher holding a diploma and teaching in a certain school within his inspectorate, is not in his judgment qualified for the due discharge of the duties of the office held by such teacher, the said teacher may be required by the Protestant Committee to present him- self, or herself, before the Board of Examiners and be re-examined in accordance with 1965, R. S. Q. 46. The Board of Examiners shall forward to the Superintendent of Public Instruction, m the month of July each year, a detailed statement of the receipts and disbursements conn^jcted with each meeting of the board held during the year. BOARD OP EXAMINERS. ?,? 47. The Superintendent of Public Iimf mnf i^« ^ any person delegatedby him, may a an^^^^^ 48 No member of the Pentrd Board of E-aminpr, shall be preseut or take part in an e>.a„unat1onTthe board m which pup Is of his own are interested EvIrt^inTi ^r °{ ^'^P""^ °* ^^^ Cectrar Board, of lixaibinerg shall contain a declaration to bo signed bv *he president or vice-president and secretar^ of th'^ board, stating that the examihation ha beeSndL e.l sucf Wd '"'' ^^*^' '^' regulations prescril^d f or }JI?.aV'^ *°'i°7?S rules for the examination shall |»e read to candidates before, the examination. ' tionroom't^f "'*■■" '? ^^ P^'^^'^'^ ^° the examina- SnTkldVeU^eSel ''''''''' '' -mmunications tXdTth/r5lfr ''''' ^'^P-dl^dXtr- ma^v b?re«??l"^-'? ^^"^^ '" "^"^ l"^^*!^'^ therein r^^minl t . """ *? the candidates by the deputy- examiner, but no explanation whatever shall be given 4 Nn ""TJ"F °f P''''P°'^t of the questions. ^ 4. No candidate shall be permitted to enter the ex- amination room after the expiration of au houi from Sndidrr?f."h ""^ *'^^ .--«inatioi,,s, nor af tei a candidate has left the examination room. An y candi- the eiam;n^*>' "^'^'"''''^^'"'^ ^•^'^ ^ter the ksue of BermitH ? °^ '^T ^'^ ^^^ '"^^J^'^t shall not be sStth ■ ' 1*' 5 "^"""^ ^^^ examination of the suDject then m l.arid. IV ?^° ^an-i'date shall give or receive assistance of ly Kind >n answerinar the ex«.minat.mn ,„^^^r,r.^ ii- 1 If I any '^SlX^s 18 REGULATIONS OP THE PROTESTANT OOMMITTEB. Any candidate detected (a) in taking into the exami- nation room or having about him any book or writing from v/hich he might derive assistance in the exami- nation, (b) in applying under any circumstances what- ever to other candidates, (c) in answering under any circumstances whatever applications from other candi- dates, (d) in exposing written papers to the view of other candidates, (e) in endeavoring to overlook the work of other candidates, shall be immediately dis- missed from the examination. The plea of accident or forgetful ness shall not be received. 6. Candidates shall write their answers on one side only of the paper, and shall use no other paper than that provided for them. Ihe use of blotting paper for rough drafts or for any writing whatever is strictly forbidden. 7. At the close oi the examination all the paper furnished to a candidal^ must be returned to the deputy-examiner. 8. No candidate shall have access to his answers, and no alteration shall be made in a candidate's answers after they are delivered to the deputy-ex- aminer. * 9. No persons, except those taking part in the examination, shall be admitted into the examination room during the examination, and no conversation nor anything that may disturb the candidates shall be allowed, 10. The candidates shall be under the direct and careful supervision of the deputy-examiner from the beginning of the examination to its close. 11. The deputy-examiner of each local centre shall sign the following declaration at the close of the examination and forward it to the secrete^ry of the Central Board; — " I hereby solemnly declare that the examination of ACADEMY DIPLOMAS. 19 ———has been conducted strictly in accordanoA Sn^ r f fr^'^*r P--be^for suTSZ! nations that the envelopes containing the printed examination papers were opened, and that the envel- opes containing the answers were sealed, in the presence of the candidates and at the time specified, Zd that the answers forwarded to the secretary have been given, to the best of my knowledge, by thrpupUs themselves, without assistance from fh'e deputy-exam! trkSi'leSaS'r'^'^'^^ ^- ^-^-^-'^ "luring (^Signature,) • Deputy-Examiner." • ^^ ^^? secretary of the Central Board of Exam- iners shall provide at each local centre (a) a suitable room m which to conduct the examination, b) a sZly of stationery, and (c) the required number of exami^ nation papers. Academy Diplomas. .h^?' l^''''^ Academy Diploma, granted hereafter, sha 1 clearly indicate the cks. of diploma and the particular provision of these regulations, under which the candidate receives the diploma. 53. Academy diplomas granted by the Central ±5oard of Examiners shall be second class academy aipiomas. "^ ,. t^4^/^i^aduates in Arts from any British or Cana- dian University, who have passed in Latin, Greek and French, m the Degree Examinations, or who nave taken at least second class standing in these subiects m th^ir InfArrvio^io+ii £,^„^:__t-__ _-, _,, !l ! . If I 20 REGULATIONS OF THE PROTESTANT COMMITTEE. be entitled to receive first class academy diplomas, provided that they have also taken a regular course in the Art of Teaching at the McGill Normal School, or other public training institution outside of the Pro- vince approved by the Protestant Committee. Graduates who have not passed in French as pre- scribed above may, on application, be examined in that subject before the principal of the McGill Normal School, and, if satisfactory, such examination shall be accepted in lieu of the prescribed standing in French in the University examinations. 55. Teachers taking academy diplomas in course from the McGill Normal School, who take at least second class standing in Latin and Greek in the Intermediate Examination of the Universities shall be entitled to receive first class academy diplomas ; other- wise their diplomas shall be second class. ' 56. Teachers who hold (a) academy diplomas granted before the first July, 1886, or (b) second class academy diplomas granted under these regulations, and who produce satisfactory proof to the Protestant Committee that they have taught successfully for at least ten years, shall, when recommended by the Com- mittee, be entitled to receive first class academy .diplomas. "^ 57. Any candidate who presents to the principal of the McGill Normal School, (a) the requisite certifi- cates of age and of good moral character according to Form No. 1, and (b) satisfactory certificates that he has complied with either of the foregoing regulations 54 or 56, shall be recommended by him to the Superin- tendent of Public Instruction, for an academy diploma of the class to which he is entitled under these regula- tions. ° ACADEMY DIPLOMAS. 21 ,. +*»• Graduates in Arts from any British or Cana- dian University^^ who have passed in Latin and Orreek, in the Degree Examinations, or who have taken at least second class standing in these subjects m their Intermediate examination shall be entitled to receive second class academy diplomas from the Protestant Central Board of Examiners, provided they pass the examination in the Art of Teaching School Law, Drawing, Physiology and Hygiene, (and m French it not taken in the University Examin- ations) as prescribed in the Syllabus of examination tor candidates for Academy Diplomas. Such Candidates shall present themselves at Mon- treal, Quebec or Sherbrooke, at the time fixed for the examination under the Protestant Central Board. Ihey shall also submit the required certificates of ""^^fto 2f^^^! J^h^racter and pay a fee of one dollar. ' J ' ^i:^^^dida^es for Academy Diplomas, who have passed the sessional examinations at the end of the second year of either of the Universities of the Pro- vince, shall be exempt from examination in those subjects m which they have taken at least a second class standing in the sessional examinations. Extracts from the Prospectus of the McGill Normal School in relation to Regulation 54 : To meet the requirements of graduates and undergraduates in Arts who, not having previously taken a Normal School course, desire to receive Academy diplomas of the first class, under Regulation 54, provision has been made for the delivery of a coui-se of forty lectures on Pedagogy in the Normal School, open to graduates in arts of any British or Canadian University, to undergraduates of the third year and, with the permission of the Faculty and the concurrence of the Principal of the Normal School, to those of the fourth year. H 22 ACADEMY DIPLOMAS Undergraduates will be permitted to tea^^h the forty ha ' days referred to above at the times extending v^ver the sessions of the Model School corresponding to the third and fourth years of their college course. Graduates will be permitted to teach in the Model Schools at such times as may be agreed on with the Principal. All persons taking this course of study in the Normal School shall be held to be subject to the regulations of the said school to and be under the supervision of its principal, while in at- tendance thereat. Graduates who have taken the above course of study in Peda- gogy and the first class Academy diploma, may be entered, if so desired by them, in the published lists of the University as holders of such diplomas. The following is the syllabus of lectures on Pedagogy, open to graduates and undergraduates as above. THK LEGAL POSITION OF THB TEAOHBB. 1. The organization of Public Instruction in Quebec. 2. The relation of the teacher to the Department of Public Instruction and to the Protestant Committee of the Council of Public Instruction. 3. The relation of the teacher to school commissioners and parents. 4. The relation of the teacher to pupils. 5. The teacher as a member of a profession. . DISCIPLINB. *»S?^"°JP^^^* ^-^ * ™®*"^ ^J immediate pleasure to pupils. 7. Discipline as tending to school success. 8. Discipline as a preparation for life. 9. Dis- cipline derelopmg character. 10. Discipline enforced by authority. INSTRUCTION IK SPECIAL SUBJECTS. wJi: J°'J!fVu***i"*'. ^"tjng. grammar; .12. Literature, composition. 13. drench. 14. TheclMsics. 15. Number; arithmetic and algebra. 16. Form; f geometry. Number and form ; trigonometry and mensuration. 17. Geo- raphy and history. 18. Botany and chemistry. 19. Drawing and music. 20. he acquisition of general knowledge. . *v. PHYSICAL DRVELOPMBNT. f h^kS^^oi" • r??- ^'o.'^.th 23 ^t® t™ini°K of tl»e eye. 24. The training of the ear. 25. The training of the hand. IIBNTAL DEVELOPMENT. oa^i. Jk? training of the analytic faoulty._27. Observation and experiment . 28. the training of the synthetic faculty; 29. Understanding. 80. Judgment and reason. 31. Invention. 32. Imagination. 33. Memory of sensationa 34. Memory of conceptions. 35. Verbal memory. ^ "* ^^ "* BouBauona. MORAL DBVBLOPMRNT. «3 %^^*.°* in^thfulness. 37. In justice and purity. 38. In philanthropy and patriotism. 89. In earnestness. 40. In good manners.] »'" """"'^'''^ 0LAR9IFI0ATION OF S0H00L8. 23 ni. CONCERNING THE CLASSIFICATION OP SCHOOLS. ^? .T^? educational institutions of the Province aru 'nided into Elenie itary Schools, Indtitution^ for superior education and iSTormal Schools for the instruc- tion and training of ^ acliers. 61 Protestant Institutions of Superior Education are classified as follows : 1. Charter. ^ TTniversities and incorporated Colleffos amiiated thereto, which are required to make a return ot their annual written examinations to the Superin- tendent m addition to the annual report made by such mstitutions. *^ 2. Academies and High Schools providing instruc tion m English, French, Classics, Mp.thematics, and Science, adequate to the standard of matriculation in the Universities or for the Certifirate of Associate in Arts. 3. Model Schools providing instruction in Algebra, Geometry, French and the Latin elements, m addition to the subjects of the elementary schools. «2. The following shall be the course of study for Protestant Elementary Schools, Model Schools and Academies IMAGE EVALUATION TEST TARGET (MT-S) // ^^^, /- C/j ^ 1.0 I.I 1.25 IIIM 122 "^ 1^ 1 2.0 L. ' = IW 1.4 1.6 ^^= m V] m> •% '^■^ w ?^ Photographic Sciences CorpDration l<^\.%^ 33 WEST MA!N STREET WEBSTER, N.Y. 14580 (716) 872-4503 \ n REGULATIONS OP iTRK PROtBSTANf COMMITTEE. ILL SLBHBNTABY SUBJECTS. Scrlptare Know- ledge ...*,.. Reading. t GRADE I. -♦ — ,^ — Hh-^ GRADE II. ■ .-•> i -t-tr- .^-X The flrflt half hour of each day to be devoted to the Opening GodllneHB, Xrt»th?ulne^, Honour,, Respect for others, Qooa BOOK i I. BOOK II. The meaning and spelling of the words of the lesion, tt» part of the work of each grad^. Special attentioti to We correctness of pronunciation. I>i o t a t i o n fend Writing thb woMs of the read- Spelling ing lesson on slates from the blaclthoard. Writing words dictated by thfi teacher. Copy- ing words from thft Reader. ^_ Writing... . ., — . . ^ Slate ejtetcisf s In holding pencil and in hand movements, Sim- ple words and their letters ti^ken from the reading lessen. Smaa letters and the num- eralB. Arithmetic Mental Arlthmeiio, Addition and Subtraction with objects, and with numbers of two figures. Reading and writing numbers to 100. English. Geography. History . Object lessons or u seful knowledge Music LANGUAGE LESSONS, pupils on sto- (COQyersation with faimiliar subjects. Short rles related by the teacher and repeated by the pupils. Writ- ing naipes of objects. Writing one or ihore sentences abdut a particular object. Mcmoritstng. Correction of colloquial errors.) '. ■ . ■ . Elementary tera^ land ahd water. Dtvisionsof Map of the ) School aeig hb orbood. ^ ' , drai Lessonson the chief events in the life of Christ. Commit to memory the Lord's Prayer. 4- Co'pylng the readWg lesson , oh e|late«. Dictation of sen- tences and detached words from the Reader. Otal tfpell- ing^ Capital Letters. Analysis of Letters, Writing on slates, Copy writing. Mental Arithmetic. Four Smpl^ Rules to dhort division inclu- sive: Multiplication Tftble. Avoirdupois Weight, Long and Liquid Measures. ' LANGUAGE LESSON'S. (Completing sentences. Fonn,<^ ing sentences containing par- ticular words. Writing outth'e subject matter of a story or of I a reading lesson after it has ' been talked over. Memorizing short selections from thi Reader. Correction of col,- loguifil errors.) , Map of Caha4a^ ~7 ^ Oral Lessons on the chief events in Old Testament Hid^ tory to the death of Moses. Commit to memory the Ten Commandments. Drawing. Physiology and Hygiene Fiench (Optional). Text-Books nec- essary for each grade Form, Colour, Size,Weight,Motion,Plants, Animals,Manuf actured the Province, and their uses.) Rote singing. Straight lines and their simpler combinations on slates from the black-board. Rote singing. Straight lines and curves and thoir simple combinations on slates from the black-board. One half hour per week for each grade. Names of objects in conversation Book I. Table-Card, Slate, Slate-pencil. > ames of phrases. objects, ra miliar Boon II. Table-Card, Slate, Slate-pencil, Cop y-b o o k, Blank-book, Pen, Ink. jH COURSE OP STUDY. 25 SCHOOLS. GRADE III GBADE IV. "s^ sstfns, K'iiaSJt'A^'rft^ .rs'c°5i.„^%ar »»''■' BOOK 111. BOOK IV. wotds. Meanings of words. Oral spell- Copy Wrltlngr. Mental Arithmetic, Long ©iTlsion. Sim- S^ttn^^P^^l *" Fractions and in'coto- ««;,r,ti 1^*^ l™ ^TacHons and In Coto- Fraction a iw.' fiiP^e examples I ^S^i^i^^*^~^S5S"SfR5: '^^'^^'^^h^^i^ Wfs^^^^. LANGUAGE LESSONS. ^S8tin^**„.^H'"?'"*l"» ^"^ memory in- ♦h«Kiii^T>*"** simple selections from \^ ith questions upon the meaning and f^^l^^^^ °^i\^ selections, the meantag of words, and the Parts of Speech. Map^of Western H^SUph^re. Map Dra^ ^^Sw^^SSHS Map^of Eastern He"SfiBhi?ir-M5]^Diii^. ^ rist^mlnf T??„/^^'«"cSF^^^5trEoid dianHiStory!'*'*°'y- 0»«lne of Cana- ArtMeV(Sl>^d5ritt^^ Rote singing > o-Q J- ^^D5SHl^~l^hiEd~DS^5^ ""notatliS^*^^^"^^^^^^^*^^^ S^o^jyTJitte. i'encUs, Copy-b53k !"a»k-^ok, Pen, Ink, Ar/thme?fc, GeJ- ^rtt^metic', GrammarTSeVaJhV. cjS adlan History, Drawlng^boSkSo. i. i! I A -I '. * 'i. 26 REGULATI0N3 OF THE PR0TB3TANT COMMITTEE. i I MODEL H i SUBJECTS. GRADE I. \ 1 SoBiPTURB Knowledge. The first half hour of eich day to be dovoted to lear's Old Testament History. Beadino Book IV. Spelling Dictation, derivation and verbal distinctions for Writing Copy Writing, Business Forms and Single Entry Abithiietic Mental Arithmetic, simple examples in Vulgar Fractions, and Review. English Parsing, Analysis of Simple Sentences, Letter Writing, Descriptive Composition, Study of selections from the Reader. Geography. North America with special study of the Domin- ion, Map Drawing. History Outlines of Canadian History. Algebra Geometry . French Exerei«!es in Words and Phrases. Latin (optional) ' Physiology and Hygiene One half hour pern eek for each Grjide. Text- Drawing.. No. 2, Dominion Freehand Drawing Course. SCHOO Opening i each grade Book-keep Mental Ar mal Frac Review. Etymology noun), Ai Letter W o f select! Europe w British I Outlines of The Simpk Article,Noi ten exercise and itre. Pi of Regulars The Decleni e raises. Book for Mf No.3,Dom. COURSE OP STUDY. 27 SCHOOLS. GRADE II. GRADE III. Opening Exercises, Instruction in Morals, and Scripture History as in Mac- BooK V. Book V and selkotiows fkom prk- SOBIBKD POEM. each grade. Book-keeping for each grade. Mental Arithmetio, Vulgar and Deci-|Menfal Arithmetic, Percentage and its mal fractions, Compouri ales and applications, Square Root, Simple ex- amples in Mensuration and Revi ew. Review. Etymology (Noun, Adjective and Pro- noun), Analysis of Simple sentences, Letter Writing, Composition, Study of selections from the Read-^r. Etymology, Analysis of easy sentences and Review, Letter Writing, Compo- sition, Goldsmith's Deserted Village. Europe with special study of the North and South America in detail, British Isles, Map Drawing. M.-:, Drawing. Outlines of English History. The Simple Roles. Article,Noun and Adjective with writ- ten exercises, Slaiple Tenses of avoir and ^tre, Pres., Imp,, and Put. Tenses of Regular verbs of the 1st Conjugation Canadian History. Easy exercises in Simple Equations of one unknown quantity and in Faotor'g. Book 1, 1-26. The Declensions, the verb sum and ex- ercises. Adjectives and Pronouns with Writ- ten Exercises, Regular Verbs of the four Conjugations, Translation, Dic- tation . The fbur Conjugations, Written Ezer- oisfls and Review. Bock for Model School Grade8,Hygiene forYoung People.Pathfinder Sor. No 2. No.3,Dom. Freehand Drawing Course No. 4, Dom. Freehand Drawing Course iS'f. 1 28 REGULATIONS OP THE PROTESTANT COMMITTEE. ACADE i4 r s i: > V f' SUJBCTS. GRADE I. OBIPTURB KnOWLKDGK Tho first hair hour of each day to be devoted to lear's New Testament History. Rbadino Book V AND selections prom prescribed poem. Wkttino Copy Writirjt, Business Forms and Single Entry- Book-keeping. A nTTnU ETTf) . • Mental Arithmetic, Percentage and its applica- tions, Square Root, Simple Examples in Men- suration and Review . TTiVnY-THW •..•• Etymology, Analysis of easy sentences and Re- view, Letter Writing, Composition, Goldsmith's Deserted Village . n-RnORAPHT North And South America in detail .Map Drawing WTQTnwv .••■•! Canadian History. A T.niETtR ki • Easv Exercises in Simple Equations of one un- known quantity and m Factoring. Geometry Book I. 1-26. ¥'llENf!H Adjectivesand Pronouns, with Written Exercises Regular Verbs of the four Conjugations, Trans- lation, Dictation. TiATIN The four Conjugations, ^ 'itten Exercises and Review. Greek — •■•• • Physiology and Hygiene One half hour per week for each Grade. Text- "Drawixo ile 4 Dominion Freehand Drawing Course. Special Course (Instead of Greek.) II !' COURSE OP STUDY. 29 ACADE 3ED POEM . MIBS GRADE II. GRi. Dp III. devoted to ■ Opening Exercises, Instruction in Morals and Scripture History as in Mao- BooK y. OB Dramatic Rbadbb. Book V. oe Dramatic Reader. /I ' ngle Entry- its applica- les in Men- ces and Re- Goldsmith's !ap Drawing of one un- en Exercises bions, Trans- seroises and rade. Text- lourse. Copy Writing and Book-keeping. Complete Arithmetic. Syntax, Analysis of sentences. Com- position and Review, Scott's Lady of the Lake. General Geography. British History. Mensuration. Grammar^The Play of Shakespeare ap- pointed for the A. A. Examination, Scott's Lady of the Lake, Meiklejohn's English Language and Literature. Factoring, Fractions, G. CM. & L.C M., Simple Equations and Review. Books I. and II. Verbs, Regular and Irregular; Written Exercises, Translation, Dictation. Syntax, Csesar, Bell. Gal. Lib. I. ,1-25 Grecian History and Ronian History . Quadratic Equations, Involution and Evolution and Revfew. Booksl. II. and III. Complete Grammar, Written Exercis* '^s. Translation, Dictation. Grammar, Csesar, Bell. Gal. Lib. I., Virgil, JSneid, I., 300 lines. The Declensions, the inflections of verbs in Omega and Mi, with exercises book. Cutter's Intermediate . Grammar, Xenophon's Anabasis, Book I. No. 5, Dominion Freehand Drawing Course. General Review of Freehand and Geo- metrical Drawing, with Perspective and Model Drawing. One of the following subjects :— Botany, Chemistry or Physics. One of the following subjects : — Trigonometry, as In Hamblin Smitht pp. 1-100 omitting chapter XI.,Bot- any. Chemistry or Physios. i 90 RKGUXi.VTIOBni OF THl PROTESTANT OOMMrrTEB. 1'^ k^il'l Academies and Modd Schools. 08. In order that an institution may be recognized as an Academy ib must fulfil the following conditions: 1. It must be under the control of, and receive finan- cial support from, the school board of the municipality in which it is situated. 2. A suitable school building, furnished with the necessary appliances, must be provided. 3. It must be organized in three departments, viz.: Elementaiy, Model School and Academy. 4. Three teachers must be employed, one of whom must hold an academy diploma. 5. The teachers must be engaged at fixed salaries by the school board. 6. The authorized course of study must be followed in each department. 7. The pupils must pass satisfactorily the annual written examination prescribed for such schools. 8. It must remain in session at least one hundred and eighty days during the year. 64. In order that an institution may be recognized as a Model School it must fulfil the conditions pre- scribed for Academies, except that it may be organ- ized in two departments, elementary and model, under two teachers, one of whom must hold, at least, a model school diploma. 65. It shall be competent, however, for the Pro- testant Committee to recommend a special grant to one school in a county, when the conditions requisite for a Model School or an Academy have not been ful- filled. 66. No institution is allowed to change the title under which it is known, so as to transfer it from one grade of institution recognized by law to a highei m. ACADEMIES AND MODEL SCHOOLS. 81 eco^ized mditions : )ive finan- nicipality with the lents, viz.: of whom d salaries i followed le annual )ols. i hundred recognized fcions pre- be organ- del, under t, a model «radc, without being previously authorized to do so by the Protestant Co|nmittee. «7 Every pupil desiring to enter the model school department ot a superior school must undergo an exammation m the subjects of Grade III. Elementai-v Course, and pupils desiring to enter the academy de- partment ^ust undergo an examination in the subj-ects of the Grade II. Model School Course. '^ fr.? J5® ^""h"^^ ^^l^ ^^^" ^^ «* uniform school fee tor each department of a superior school so that there may be one fee for the whole course of study of each department. "^ «». Academies and Model Schools, that receive no grant m any year must make application if they desire to be mspected by the inspector of superior schools the tollowmg year. '^^: ^^^^?J»ies and Model Schools are required to send to the Department of Public Instruction, before the lirst of July each year, specimens of school exer- cises m Writing Drawing, Map Drawing and Mathe- matics, prepared upon the approved f?rm of paper, and these specimens shall be taken into consideration m the distribution of the grants. Inavection of Academies and Model Schools. i the Pro- 1 grant to J requisite » been ful- 1 the title » from one a higher Sch^ob - ^ *^^ ^^^^ ^^ ^® Inspector of Superior 1. To inspect the Protestant Academies and Model Schools of the Province at any time from 1st of Octo- ber to the 1st of May, giving one day at least to the inspection of each school ; 2. To examine the buildings and furnishings of each school, and the condition of the outhouses ; I ?2 REGULATIONS OF THE PROTESTANT COMMITTEE. ^m 1 *""; ' 1 i • 1 li ■ 1 1 • / ^^^^^^E'l i i: \l Ji ;i il ^n ■■1 1 i • (, 3, To note the number of pupils on the roll, and the number present on tlie day of inspection ; I 4. To ascertain how far the course of study ia being carried out in each school and what, if any, are the obstacles to this being done fully ; *' .; 6. To inquire into the work and the progress of the work in the several grades ; 6. To examine the time-table, and ascertain whether rt IS judiciously fi^amed ot not; , ; . r ,r ' 1. To take notes of each teaclier*s method of con- ducting hiij classies, whether he enlists the interest and attention of his pupils, wjiether there are indications of careful preparation for the w^ork on his part pr not ; 8. Jo note the strong and weak points of each school; 'i' • ■■ ' ' 9. To give, each teacher, privately, such judicious hints and suggestions in the, conduct of his school as may seem necessary in the circumstances ; 10. To fill up the bulletin furnished by the Super- intendent fpr eacti school ; . '^11. To submit a general annual report upon the prescribed work of inspection at the September meet- ing of the Committee, along with the tabulated returns of the results of the written examination, and to sub- mit an interim report upon the wol*k of inspection at each of the three remaining quarterly meetings of the Committee; 12. To prepare the examination {iapeirs in dccbrd- ahce with the authorized course of study, that is fif- teen subjects in Academies and thirteen in Model Schools^ and tp submit them to the sub-committee on examinations, for revision and approval ^ 72. The Inspector of Supenbr Schools shaHl, iti the tabulaifed returns Pf >the wriiten examination, report in regard to each school :--»>> i ' on ■«,, tnd th^ udy ia ny, are I of the '^h.ether )f con- 3st and cations or not ; f each dicious hool afi Super- on the c meet- returns to sub- ttion at I of the iccbrd- » is fif - Model ttee on , in the report AOADBMIES AND MODEL SOHOOLO 1. The number of pupils on the roll for the term in which the examination is held, and the number present on the day of examination. 2. The number of pupils presented for examination in each grade. 3. The number of pupils not classed in any grade and the subjects taken by them. * 4. The number of pupils that have passed in each grade, and the number that have failed in each. 5. The information required in the form of report, in which the standing of the pupils in the several grades shall be given, and separately the standing of the ungraded pupils in the subjects which they have taken, along with a copy of the examination papers. Written Examination of Academies and Model Schools. •73. There shall be an annual written examination of the Protestant Academies and Model Schools held simultaneously under the direction of local deputy- examiners appointed by the Protestant Committee. t7^- I^ *ihese written examinations pupils shall be considered as having passed in their respective grades provided they pass in Writing, Spelling, Arithmetic, Grammar, Geography, History, Scripture, French, Physiology & Hygiene and Drawing ; except (1) that pupils in Grade I. Model School Course, will also be required to pass in English, (2) that pupils in Grade II. Model School Course, will also be required to pass m at least one of the remaining subjects of their grade and (3) that pupils of Grade ifl. Model School Course, and of Grades I. and II. Academy Course, will also be required to pass in at least three of the remaining subjects of their respective grades of which Latin shall be one. ;* i" i 84 RIOULATIONS OF THIB PROTESTANT OOMMITTBB. \^ V ^ 1*75. The papers for these examinations shall be prepared by tne inspector of superior schools. Pupils who pass in the subjects prescribed for their res- pective grades will be entitled to receive certificates to this effect from the Department of Public In- struction. f 76. Pupils of Grade III. Academy Course, shall take the tjniversity School Examinations for the Certificate of Associate in Arts and those who pass for the Certificate of Associate in Arts shall be held to have passed in their Grade. fT'T. The examination of the pupils of Grade III. Academy Course, for tho certificate of Associate in Arts, will be in accordance with the standard | re- scribed in the course of study for that Grade. 7S. The examination shall be held the first week in June. •79. Pupils over eighteen years of age may receive the certificates of the Universities and the title of Associate in Arts, but they shall not be ranked with the other candidates. SO. The examination papers, including those for the A. A. Examination, shall be distributed from the Department of Public Instruction by the inspector of superior schools, and the answers of the pupils shall be returned to the Department in accordance with in- structions to deputy-examiners. The answers of the pupils of Grade III. Academies shall be transmitted directly to the secretary of the Board of Examiners of the Universities, for examination and report thereon for the information of the Protestant Committee. . Il;ii AOADBMIBS AND MODBL 80HOOL8. SI. The maximum number of marks tor each sub- ject shall be as follows :— In Grade I. 60 ; in Grade II 76 ; and in Trade III. 100. In the examinations, pupils shall not oo considered as having passed in any sub- ject unless they have obtained at least one-third (and in the case of Keading and Dictation three-fourths) of the narks attainable m that subject. ^ tS2. The examination papers prepared by the in- spector of superior schools shall consist of nine ques- tions in each subject, arranged in three groups, only one question from each group to be answered by pupils of Grades I. and II. Model School Course, and two from each group by pupils of other Grades. S8. Two papers shall be prepared for the Academy Grades I. and II. on each of the subjects ot English, Geography and History in accordance with the course of study, but at the option of the teacher, the deputy- examiner may adopt one of the two as the examina- tion paper for the two grades. No pupil, however, shall select questions from more than one of such papers. 54. In order to be eligible for examination a pupil must be in attendance ninety days at least, during tne current scholastic year. Privileges granted to successful pupUs. 55. Pupils who have passed for the certificate of Associate in Arts and who have taken two-thirds of the aggregate marks, and who have passed in French, shall be eligible, without further examination, to enter the Model School class of the McGill Normal School ; and pupils who have passed Grade III. of the Model I m se REOULATlOirS OF TUE PROTESiTANT OOMH ITTBB, ^ 1 Wl' I J- «!^ ill ■ 111 School shall he eli^cihle to enter the Elementary class without examination. f2. Candidates for teachers' diplomas under the Central Board of Examiners, who are Associates in Arts of not more than two years' standing are entitled to exemptions as provided in Regulation 41. 3. Associates in Arts who have passed in Latin, Greek, Algehra and Geometry, may, without further examination, enter the Faculties of Arts of the two Universities of McGill College and Bishop's College. Those who have passed in Algebra and Geometry may- enter the Faculty of Applied Science of McGill Uni- versity. 4. The secretary of the Protestant Committee will, on application, burnish successful pupils with evidence of th'^ir qualifications with reference to the Normal School and Boards of Examiners. SO. Deputy-examiners ^ihall observe the following instructions : — 1. The pupils shall be under the direct and careful supervision of the deputy-examiners throughout the examination. 2. The examination questions shall be sent to the deputy-examiners in sealed envelopes, and the exami- nations shall oe held on the days and during the hours, and these only, which are specified on the envelopes. 3. Before opening the envelopes for the first hour of the examination, the deputy-examiner shall read aloud the special instructions to pupils. 4. The answers of the pupils shall be wrii^t^n upon half pa^s of fools3a|) paper, fastened togeti^r' ^^ ^ ▲0AUKM1E8 AMJ^ MUDKL HUHOOLS. 37 ! top left hand comers. The pupils shall useiiu ofcher paper than that provided for them. The use of blotting paper or the printed examination paper or slates, for rough drafts or for any writing whatever, is strictly forbidden 6. No persons, except the head teacher and the deputy-examiner, shall be admitted into the school room during the examinations, and neither teacher nor deputy-examiner shall communicate with any pupil dur- ing the progress of any examination. Any necessary instruction shall be given aloud to the whole class. 6. At the hour appointed for each subject, after all books have been removed from the desks occupied, and the pupils have been given their allotted places, and provided with paper, blotting paper, pens and ink, the envelopes for that hour shall be opened and the exami- nation papers distributed to the pupils. 7. The examination papers or any question therein may be read aloud to the pupils by the deputy-exami- ner : but no explanation, whatever, shall be given as the meaning or purport of the questions. 8. No pupil shall be permitted to enter the exami- nation room, after the expiration of an hour from the commencement of the examination, nor after a pupil has left the examination room. Any pupil leaving the examination room after the issue of the examination papers in any subject shall not be permitted to return during the examination of the subject then in hand. 9. At the close of the time allotted for each subject, the answers of the pupils shall be collected by the deputy-examiners, placed in the appropriate envelope provided for the purpose, and sealed in the presence of the pupils, without being read by the teacher or depu'^y-examiners. No paper shall be returned to the pupils for corrections or' a^dditions after it has been received from the pupils. V.1 ^* i '.i I . Ni 3ti > 1 BKUULATlONa OF THE FttOTESTAMT OOMMITTEB. , '• 10. At the close of the examination, the envelopes containing the pupils' answers in the several subjects, shall be carefully packed together and forwarded to the inspector of superior schools, Department of Public Instruction, Quebec. 11. No pupil shall give or receive assistance of any kind in answering the examination questions. Anjr pupil detected (a) in taking into the examination room or having about him any boDk or writing from which he might derive assistance in the examination ; (6) in applying under any circumstances whatever to other pupils; (c) in answering under any circumstances whatever applications from other pupils ; {d) in expos- ing written papers to the view of other pupils ; (e) in endeavoring to overlook the work of other pupils, shall be immediately dismissed from the examination by the deputy-examiners. The plea of accident or for- getfulness shall not be received. 12. The head teacher and the deputy-examiners of each school shall sign the following declaration at the close of the examination and forward it to the inspec- tor of superior schools :— We hereby solemnly declare that the examination of — . has been conducted strictly in accordance with the special regulations prescribed for such exami- nations, that the envelopes containing the printed examination papers were opened, and that the envel- opes containing the answers were sealed, in the pres- ence of the pupils and at the times specified, and that answers forwarded to the Department have been given, to the best of our knowledge, by the pupils themselves, without assistance from deputy-examiner, teacher, fellow pupils, memoranda or text-book, during the time of examination. o- A f Deputy-Examiners, AOADEK lEB AND MODEL SOHOOIA. 89 87 The following instructions shall be observed by the pupils : — 1. Write your name (or number in case of Grade III. Academies), on the right hand upper corner of each page. 2. Write as plainly as you can, and use one side only of the paper. 8. Leave a margin on the left hand side of the page. Write in the margin nothing but the number of the question you are about to answer. Do not write the question itself. Two answers on the same page must be separated by a line. 4. You must on no account ask any one to explain the meaning of any question. 6. The full number of sheets, fastened together and given to you for writing your answers, must be re- turned. No sheet is to be separated, torn out, or de- stroyed. Draw your pen through any writing not intended as an answer or part of an answer. 6. Your answers must be written upon the paper provided. The use of other paper, blotting paper, the printed examination paper, or slates, for rough drafts or any writing whatever, is strictly forbidden. 7. You must not communicate with any pupil or other person in the room, directly or indirectly, dur- ing the progress of an examination. You must not give or receive assistance of any kind in answering the questions, either from pupils, memoranda or books. Any infraction of this or the preceding rule will in- volve the loss of the v;hole examination. Note.— No fees will be exacted for the ezamination of pnpils of Academies under the control of the Protestant Committee, out in order to obtain the certificate from the Universities the prescribed ^AAa vSw • ^A AA ^/vvt A A AAi**il%/»afAa anil ^0 AA Iai* liinini* nAf*4i AoafAfl must be paid to the Secretary of the Unirersity Examiners. t li ' nil ^ i:>> 1 1 40 RE6OL4?Z02ra OV 4 f ROTKSTAKT COMM ITTBl. IV. CONCERNINQ TBB MOaiLL NORMAL SCHOOL. 88. The McGill Normal School in the city of Mont- real is established chiefly for the purpose of training teachers for the Protestant population, and tor all other religious denominations of the Province of Quebec other than the Roman Catholic. The studies in this school are carried on chiefly in English, but French shall also be taught. 8!>. The Coq)oration of McGill University is asso- ciated with the Superintendent of Public Instruction in the direction of the McGill Normal School under the regulations of the Protestant Committee, and it is authorized to appoint a standing committee consisting of five members, called "Thfr Normal School Commit- tee," which shall have the general supervision of the affairs of the Normal School. 00. It shall be the duty of this Committee, in con- junction with the Superintendent of Public Instruction, under the regulations of the Protestant Committee of the Council of Public Instruction, to watch over the interests of the school, to supervise its expenditures, to make by-laws for its government, to provide for all unforseen emergencies, and to employ from year to year assistants in the Normal and Model Schools other than th© principal and professors of the Normal School and the head master and head mistresses of the Model Schools.. The Staff of the McGill Normal and Model Schools. 01. The prof essoin of the Normal School shall be divided into two elasseu, Ordinary professors and as- sociate professora These shall be under the direction VCGILL NORVAL SCHOOL. 41 f of a principal, who, as such, will hav« particular duties to perform, for which he will bear the responsibility. Any one of the ordinary professors may be chosen to •fill the office. 2. Each ordinary professor may be required to teach several branches of study, and to devote the whole of his time to the Normal School. 8. The associate professors shall teach one or more separate branches, and shall not be required to devote the whole of their time to the school. 02. There shall be a Head Master of the Boys' Model School, a Head Mistress of the Girls' Model School and a Head Mistress of the Primary School, and they shall be under the general direction of the prin« cipal of the Normal School. Annual Sessions of the Normal and Model Schools. 03. The Annual Sessions of the Normal and Model Schools shall begin on the first school day of Septem- ber of each year and end in the Normal School on the last school day of May, and in the Model School on the last school day of June. Such holidays shall be kept as are prescribed by the Protestant Committee of the Council of Public Instruction, or by the Normal School Committee. Course of Study, 94. The course of study in the Normal School shall embrace in each grade the subjects of the Syllabus of Examination for the teachers of that grade, together with such additfr ml subjects as may from time to time be chosen by the Normal School Committee. The Model Schools shall conform as closely as possi- V f ml i2 REGULATIONS OF THB PROTESTANT OOMMITTEB. I ble to the authorized course of study for Elementary and Model Schoola Terms of Admission. 95. Any British subject who produces a certificate of good moral character from the minister of the con- gregation to srhich he belong and evidence to show that he has completed the sixteenth year of his a^e, may be admitted to examination for entrance into the Elementary School Class, or, if he has completed his seventeenth year, to the entrance examinations of the Model School Class. OO. Previous to admission tb the Elementary School Class every pupil-teacher shall undergo an examination as to his sufficient knowledge of reading, writing, the rudiments of grammar in his own language, geography, and arithmetic ; before admission to the Model School Class he must give proof of his knowledge of the sub- jects of the previous year. Except as stated below, the examination shall take place before the principal, or before such other person as ho may specially ap- point for the purpose. OT. All candidates who present certificates of hav- ing passed in Qrade III. Model School Course, and all holders of elementary school diplomas, shall be ex- empt from examination for admission to the Element- ary School Class. All candidates who have passed at the A. A. examinations, taking two-thirds or the ag- gregate marks, and who have passed in French, and all holders of model school diplomas, shall be exempt from examination for admission to the Model School Class. Holders of elementary school diplomas, desir- ing admission to the Model School Class, shall be ex- amined in Algebra, Geometry and French only. 98. No candidate is admitted to the Normal Sch^x)l MOaXLL NORMAL 80HOOL. 43 con- unfcil the provisions of the school laws respectmg ad- mission have been fulfilled. 09. Candidates shall be admitted to examination for entrance only at the times regularly appointed by the principal of the school at ttie beginning of the session. Candidates exempt from examination can only be admitted during the first week of the session except that teachers who may be actually engaged in teaching at the commencement of the session may, at the discretion of the principal, be admitted up to but not later than the close of the Christmas vacation. No teacher-in-training so admitted later than the first of October shall share in that part of the bursary fund which is distributed at Christmas. Conditions of continuance in the Normal SchooL 100. Teachers-in-training guilty of drunkenness, of frequenting taverns, of entering disorderly houses or gambling houses, or keeping company with dis- ' orderly persons, or committing any act of immorality or insubordination, shall be expelled. 101. Each professor shall have the power of ex- cluding from his lectures any student who may be in- attentive to his studies, or guilty of any minor infrac- tion of the regulations, until the matter can be report- ed to the principal. 10S5. All teachers-in-training must in order to con- tinue in the Normal School pass the Christmas semi- sessional examinations. 103. In exceptional cases the principal of the Nor- mal School may admit on trial to the classes persons whose qualifications may be insufficient for entrance. Such persons may be excluded from the school by the principal whenever he may judge it best so to do ; but a RBOULATIONB OF tfil PROTBSTAlft OOMlilTTBK. liii none shall be permitted to enter or to remain on trial after the semi-sessional examinations. ^ Boarding Houses, 104. The teachers-in-traininff shall state the place of their residence ; and those who cannot reside with their parents will be permitted to live in boarding faonses, but in such only as shall be specially approved of. No boarding houses having permission to board male teachers-in-training will be permitted to receive female teachers-in-training as boarders, and vice versa. 2. They are on no account to be absent from their lodgings after half-past nine o'clock in the evening. 3. They will be allowed to attend such lectures and fublic meetings only as may be considered by the 'rincipal conducive to their moral and mental improve- ment. 4. A copy of the regulations shall be sent to all keepers of lodging-houses at the beginning of the fiession. 5. In case of lodgings being chosen by parents or guardians, a written statement of the parent or guar- 3ian shall be presented to the principal. 6. Ail intended changes of lodgings shall be maile known beforehand to the principal or to one of the professors. 7. Boarding-houses shall be visited monthly by a committee of professors. 8. Special visitations shall be made in case of sick- ness being reported, either by professors or by ladies 4»nnected with the school ; and, if necessary, medical attendance shall be procured. 9. Students and lodging-house keepers are required to report, as soon as possible, all cases of serious illness and all infractions of rules touching boarding-housess. KOOILL NORMAL SCHOOL. 45 >n trial ie place ie with oarding )proved ) board receive e versa. m their aing. res and by the nprove- \, to all ; of the •ents or r guar- ►e made ( of the y by a Df sick- Y ladies medical equired s illness louses. Attendance on RcligioTia Inetruction. 105. Teachers-in-training will be required to state with what religious denomination they are connected ; and a list of the students connected with each denom- ination shall be furnished to one of the ministers of such denomination resident in Montreal, with the re- quest that he will meet weekly with that portion of the teachers-in-training, or otherwise provide for their religious instruction. Every Thursday after four o'clock will be assigned for this purpose. 106. In addition to punctual attendance at weekly religious instruction, each student will be required to atteiM public worship at his own church at least once e verm Sunday. Privileges of Teachers-in-training, lOy. All teachers-in -training are entitled to free tuition. 108. At the close of the semi-sessional examina- tions the sum of $400 from the bursary fund will be divided among the forty most successful pupils who do not reside at home with parents or guardians during their attendance at the school. Similarly the sum of $800 will be divided at the close of the sessional ex- aminations. The remainder of the bursary fund will be divided as an allowance for travelling expemes among Teachers-in-iraining residing in the Province of Quebec at a distance of more than ninety miles from Montreal, in a proportion determined by the excess of distance above ninety miles, it being provided that no allo?r- ance for travelling expenses shall exceed ten dollars. 109. All teachers-in-training who pass the semi- sessional examinations in the Normal School with 60 per cent, of the total marks and who have not fallen below 60 per cent, in any one of the groups of sub- 4^ RBQULATIONS Off THB PROTESTANT OOMMITTEB. jects, English, Mathematics, French and Miscellaneous, nor in any one of the subjects required by the Sylla- bus of Examination prescribed for diplomas of the grade to which they aspire, shall be entitled to con- tinue in their classes after Christmas. Except by the special permission of the principal, none others shall be entitled to this privil^e, nor to a share in the Christmas bursary. no. All teachers-in-training who attain the stand- ards defined above at the final examinations in the Normal Schools shall be entitled to diplomas of jthe grade of the class to which they belong, and, except with the concurrence of the pnncipal of the school and the professor of each subject in which there has been failure, none others shall receive diplomas or share in the bursary' fund. 111. All holders of elementary school diplomas ob- tained by reaching the standards defined above shall be entited to admission to the Model School Class; none others, without the special permission of the principal. Such holders of elementary school di- plomas as have taken not less than 75 per cent, of the total marks nor less than 60 per cent, of those in any subject essential to the diploma according to the Syl- labus of Examination of the Protestant Committee of the Council of Public Instruction, shall be entitled to admissioi^ among the "selected students" mentioned in the following paragraph, but others may be so ad- mitted by the principal. Students for the Academy Diploma. 112. The Normal School shall bring up selected students at the end of the Model School year to the examinations for the entrance into the first year of the T7» 11-- -c A -i._ -c A.1-- TT_* ij.:.- mu-. 1 — ^,. r acuity oi -a-rts ui luu uiiivt;raiwtj». ±u\iy inu,y uu ua- amined either at the examinations for the Associate in I. illaneous, he Sylla- 3 of the I to con- it by the lers shall >e in the [le stand- is in the IS of jbhe d, except shool and has been ' share in [omas ob- ove shall ol Class; n of the chool di- nt, of the se in any ► the Syl- imittee of ntitled to mentioned be so ad- X. ► selected ar to the ear of the — 1 — — .U,y UKJ UA- society in MOaiLL NORMAL SCHOOL. 47 Arts in June, or at those for the marticulation in autumn, and shall take the full course of study in the first and second years. 2. Such students shall be enrolled in the Normal School as students of the Academy Class, and shall be under the usual pledge to teach for three years. They shall engage in the practice of teaching at such times and in such schools as may be from time to time ar- ranged by the principal in consistence with their college work, and shall be under the principal and the regulations of the Normal School. 3. On report of the colleges which such students may bo attending that they have passed creditably in the Christmas and sessional examinations respectively they shall be entitled to bursaries, not exceeding thirty dollars per session, in aid of fees and board. Such bursaries may be paid by the Normal School Coipmit- tee out of any fund available for the purpose. 4. On passing the intermediate, or equivalent exam- ination, of the Universities, such students will be en- titled to receive academy diplomas, in accordance with the regulations of the Protestant Committee of the Council of Public Instruction for such diplomas. 5. Such students may, with the advice of the prin- cipal, attend classes at McGill or its affiliated col- leges, or at Bishop's College, and the Normal School Committee shall make such arrangements as may be possible for free tuition at such colleges. 6. It shall be competent to the principal of the Nor- mal School to provide any tutorial assistance that may in his judgment be necessary for academy students. Also, it shall be his duty in the case of optional studies to select for the students those required for the cur- riculum of the Normal School. 7. It snail be competent to students who have taken academy diplomas as above to continue for two years i< m si! II I 48 RBQULATIOlfB OV THI PROTESTANT OOMMITTBB. bnger at the University, or to return thereto after teaching for a time, in order to take the degree of Bachelor of Arts, but they shall be held bound to fulfil their engagements to teach, and they shall not bo en- titled to bursaries. Teachers* Institutes, 113. Institutes for the instruction of teachers in the Science and Art of Education and School Manage- ment, shall be held annually. 114. The Institutes shall be under the management of the (English) secretary of the Department of Pub- lic Instruction and the principal of the McGill Normal School, as Directors, who shall bo responsible to the Protestant Committee of the Council of Public Instruction for the proper conduct of the Institutes. 115. The directors shall, subject to the approval of the Protestant Committee, determine each year the number of Institutes to be held, the time and place for holding the same and the programme to be followed at each Institute. no. Certificates of attendance at the Institutes shall be issued to members of such from and upon such conditions as may be determined from time to time by the directors with the approval of the Protestant Com- mittee. 117. In conducting the Institutes the directors shall have the assistance of the professors " the McGill Normal School and of the inspector ■\'. ?iotesta'»t superior schools. lis. Until a special grant is made for the main- tenance of the Institutes, the expenses incurred in connectrOTj therewith by the principal and professors or Hue jio^iiij Ljormai Dcnooi snau oe aeirayea oy um I > after nree of fulfil bo en- V. 4d OONCEBNINQ THE DUTIES OF SCHOOL COMMISSIONERS AND TRUSTEES. lers m anage- jement )f Pub- formal blc to Public iitcs. oval of 3ar the ace tor •wed at stitutes m such iinie by it Com- rs shall McGill testa' '.*■• i main- rred in ►fe.ssors 1 i-i - oy wie School Grounds. 119. School sites shall, when possible, be in dry elevated positions, easily accessible, and provided with good water. 120. Scliool sites shall, when possible, be isolated and so situated that the surroundings will not inter- fere with the work of the school room nor with the morals of the pupils. 1511. School sites shall be as far removed as possible from swamp, or cemetery. 122. The school grounds shall be properly levelled and drained, planted with shade trees and enclosed by a substantial fence. They shall, when possible, not be less than a quarter of an acre in extent A larger area shall be provided for large schools. 123. Separate closets or privies shall be provided for the sexes. A close fence, at least six feet in height, extending from the closets to the school building, shall separate the approaches to these closets. 12i. Proper care shall be taken to secure cleanli- ness in these closets and to prevent unpleasant and un- healthy odoi-s. The approaches from the school house to the closets shall be so kept that the cks^ts may be reached with comfort in all kinds of weather. SchocUwu&ea, _ _ _ ^^^ • 125. The schoolhouse shall, when possible, be placfed at jeast thirty feet from the publie highway. law. when the number of children of'^ school age in a district exceeds seventy-five, th^d 8eh*" ,;T>r^ru^ J . *"® <"'*"^^ of study, and shall insist upon their use in the schools of the muniStr^ the exclusion of all others. A copy of SSs fi shaU be placed in each school of the municimlity (S f ». ***:. f "^"''^ J^"^^ ^Jia" provide and use the an- municipaS^i;:' *"'" """"^ '"'^'^''^ '^«e^«t«' i** their ! i i ! i'l. H i'l; WEStJtlTICnfS OP THE PB0IB8TART COMMIITEB. ^retary-treasurer'a experuea, as provided \y 8112 - R.8.q. fhf *^' ^® secretary-treasurer shall be provided by minnfl ^I' Commissioners or trustees wit6 a suitable 5:stherZk:'"'^' "^^ '''''' «**«-«^ - if '»>?=*•• J'^t^^wi commissioners and trustees shall, l^h^? ^^^''* *'^^^'. '""*«'»g« >" *•»« «»ost centra school of the municipality, and if they hold Uiefr meetings at any other place, they shall not pay rent 1 ««' Wh''°"* *•»" permission of the SuperinteC n.7.t ».r u * secretary-treasurer travels upon busi- ness of the school corporation he shall be paid his just travelling expenses , but any indemnity which may have been accorded him by a court of justice or by any hfnt .f^°'*'"fr'P*i ^<^^ *°^ t^e same journey shalj^be deducted from his expenses. ^ 1««. A secretary-treasurer shall only be considered to travel upon business of the corporation when he U pecial y authorized to do so by a resolution Idojted a Ob eft of ?h'*'"" °' '^' '"^r^ corporation statfng the object of the journey, or, if there is not time for a Z'lZi "T T '"^^' 'i.^''^ ^y *he chairman or in his absence by two members of the school corporation. ...K V.I, , ?*■««' towns and municipalities of which the population amounted at the taking ^''the last census, to more than three thousand so^ls or of which the extent is more than nine miles in enc^h Jn"a. of' h''' r- r*^' " '^''^'^ «»•» for taking the add^e sed bVi"'- "P°"-* '^''>"'^'''°» *° *hat°effect aaaressed by the commissioners or trustees to the Superintendent and approved by the scho^iLrector 168 Every sum allowed to the secretary-trelsurer cr otherwise paid out in accordance with the Drewdincl • egalations, shall be paid out of the funds of fheseS POOR MUNfCrpALfTIBS. 57 ««nidpa«ty and shall be accounted for in the ordinary Poor Municipalities shJ" of Sli°'' ;tirt"'"'p*i">^^ M«nici3M;s Fund ^ ' ^"' * ^'■*"* ^••°™ *•>« P-^^^ S«3outZr'* regulations have beenVithfSly ^rSnpet^nt %T^^^^^^^ ^2) that the teacher^ solvent7eSs'- S) tLl tt''' ^'.^^^^^^'^ due by nlv l^'j,®!"***?^ niunicipalities that have failed to com- n f . 1 , i dd REGULATIONS OP THE PROTESTANT COMMITTEE. VI. !| I i COMCERNINQ TEACHERS. 1*78. When tv/o or more teachers are employed in a school one shall be the head teacher. The head teacher shall be responsible for the organization, classi- fication, and discipline of the whole school, and shall prescribe, (v/ith the concurrence of the school board), the duties of the assistant-teachers. 174. Teachers shall not absent themselves from school nor close their schools on regular school days without permission from the school board or the chair- man thereof, unless in case of- sickness or other un- avoidable cause, in which case the absence shall be immediately reported to the school board. 1*75. It is the duty of a teacher in a public school : 1. To see that the schoolhouse is ready for the re- ception of the pupils at least fifteen minutes before the time prescribed for opening the school in the morn- ing, and five minutes before the time for opening in afternoon ; 2. To give vigilant attention to the ventilation and temperature of the school rooms, and to determine the temperature by a thermometer. At each recess the windows and doors shall be opened for the purpose of changing the atmosphere of the room ; 3. To give strict attention to the proper cleanliness of the schoolhouse and outbuildings, to make and en- force such rules as will ensure the keeping of the school grounds and outbuildings in a neat and cleanly condi- tion, and to inspect these at least once each day ; 4. To see that no damage is done to the furniture, fences, outbuildings, or other school property, and to give notice in writing to the school board of any such damage and also of any necessary repairs ; •% DUTIES OP TBAOHBRS. ffd Dyed in le head I, classi- id shall board), js from ol days e chair- ler un- iiall be school : the re- before } morn- ling in ion and ine the ess the 30se of nliness nd en- I school condi- r • niture, and to y such 5 To see that the schoolhouse and outbuildinffs see th^t ^^ ^" P^'^r ^T^' ^^ ^^^^ ^^^ locked to see that they are under the charge of a teacher, or b!v.?nT^i.'i^"''\"'" faithfulnel the teacher shiSl be responsible (or of a caretaker after school hours ;) .Jh^^ ^i^'"'^^ ^^! P^'P^l" «^"^% according to the authorized course of study ; 6 «" ""^ ./• ^K !?i'^'''® ®^^ P"P'l '^ ^^ thoroughly the work prescribed for one grade before promoting him to^the next higher grade. Pupils who Lve fallen behkd in WeTg^dl;''"' ^"'^ ^'^'^ '^ ^'^''^ ^ *^« --* 8. To prepare and keep in a conspicuous place in the schoo room for the guidance of teacher and pupHs, a time-table showing the order of exercises for each cl^s tor each day m the week, and the time devoted to each exercise per day ; .nt f^^ to require nor permit any pupil to use as a school text-book any book not included in the list of text-books prescribed for the use of pupils in the municipality; r i' " ""o 10. To open the school each morning with reading a portion of the Holy Scriptures, followed by the Lord'a rrayer; ^ vi«, 11. To furnish the pupils with constant employment during school hours, and to endeavor by judicious and versified methods to render the exercises of the school ^.sant as well as profitable ; 12. To make special preparation beforehand for each day s work with the several classes ; 13. To teach diligently and faithfully aU the sub- jects ot the authorized course of study ; J^Ii,^®^?^^^^ ®^^ ^^^ ^^^^^ assigned, pointing out the difficult parts, that every pupil may know what he is expected to do for the next recitation and — a^v TT M.V JUS v\j ijx; KHJim 1 410 SEOUL ATTONS Of THE PROTEST ANT OOMMTTTEB. i'\ ! :. I 16. To give his undivided attention to the school work, and not to engage in any private business or work on the school premises during school hours ; 16. To use such methods to secure discipline as may be adopted by a kind, firm and judicious parent in his family, avoiding corporal punishment, except when it flhall appear to be imperatively necessary, and then a record of the offence and the punishment shall be made in the school journal. All degrading and unusual punishments shall be avoided. Teachers are specially warned not to inflict any blow with the hand or other- wise upon the head of a pupil ; 17. To read to the pupils, from time to time, the flchool regulations that apply to them, that they may have a clear understanding of the rules by which they Are governed ; 18. To preserve a careful oversight of the conduct and habits of the pupils during school hours ; 19. To keep, in the prescribed form, a journal of the daily attendance, and to enquire into causes of tardi- ness and absence ; 20. To keep the visitors' register, and to allow visi- tors free access to the same ; 21. To make up all returns required by the superin- iendent, the inspector and the school board, as far as ihe information required can be supplied ; 22. To carry out the suggestions of the inspector to the best of his ability ; 23. To preserve for reference the educational jour- nal and other works, &c., furnished to the school, and «« 178. Pupils are required to procure the text-books and other school requisites indicated by the course of study for the class to which they belong. 179. The school board may provide Ind lend to in- digent pupils, with due precautions for their proper preservation, text-books and other school requisites 4f *^?' }^ ^^^ ^^^^ °^ absence pupils are required to tumish trom their parents or guardians on returnin.^ to school sufficient reasons for such absence. ° X- ***-^^o pupil shall be permitted to leave at any timt before the regular hour for closing his class, ex- cept m case of sickness or on a written or personal re- quest of his parent or guardian. 183. Each pupil is required to be present at each inspection and examination of his school or depart ment, or to present a satisfactory excuse for absence. — ■' *^^" i'^i'" ai.i.ai.1 iittvw ib particular ciesk, aiiti '1 1 M 62 REGULATIONS OF THE PROTEStANT OOMMITTBB. shall keep the same and the floor beneath it in a neat and orderly condition. 184. Pupils of one district shall not attend the school of another district unless by special permission of the school board. 185. When the school board establishes more than one department or school in a district, all the pupils shall be classified according to their attainments and shall attend such department therein as they shall be found qualified for, as determined by proper examina- tion. 186. Pupils shall be responsible to the teacher for their conduct on the school premises and also when going to, or returning from, school unless they are ac- companied by their parents or guardians. 187. Any school property or furniture, injured or destroyed by a pupil, must be made good forthwith by the parent or guardian. 188. When the ordinary discipline of the school fails to secure becoming conduct in a pupil, the teacher shall notify the parents of the fact. If no improve- ment takes place, the teacher may then suspend him from the school for a period not exceeding five school days. If the suspension be for refusal to do some definite act that may rightfully be demanded, it may be extended until the offender returns and does that which he had refused to do. 18». Whenever any teacher suspends a pupil, ho shall at once notify the parents or guardians in writ- ing stating the length of time for which the pupil is suspended and the reasons for such suspension. lOO. When it becomes evident that the conduct of a pupil is such as to endanger the morals of his com- panions, or the authority of the teacher and the ordin- ary modes of discipline fail to secure amendment, the head teacher may report the nuoil to the school board APPBAL8. 63 (amiiia> for expulsion, and may suspend the pupil pending the decision of the school board. *- ^ ^ 5 u ^^}\^^y P^P^^ expelled from school by the school board shall not be re-admitted to any school in the municipality without the written consent of the school board ; but any pupil expelled from school who shall express to the teacher his regret for his conduct as openly and explicitly as the case may require may. with the approval of the teacher and the school board, be re-admitted to the school. VIII. OONCERNINQ APPEALS TO THE PROTESTANT COMMITTEE FROM THE DECISIONS OF THE SUPERINTENDENT. 1»2. Any person who desires to appeal to the Pro- testant Committee from the decision of the Superin- tendent shall do so by petition and in conformity with the following provisions : 1. The petition addressed to the Protestant Com- mittee of the Council of Public Instruction shall be forwarded to the secretary of the committee by regis- tered letter or it shall be served on him by a bailiff; 2. This petition shall state the grounds or reasons of the appeal and no others will be taken into considera- tion by the committee j 3. The persons interested shall appear before the committee or a sub-committee, personally (or by their attorney if they desire), otherwise the committee will proceed against them by default ; 4. The superintendent shall submit to the committee all the documents in his possession relative to said appeal, and no other document concemin«' matt H TEXT BOOKS. i I » facts which may have happened since the judgment which is appealed against, was rendered, shall be pro^ duced before the committee ; 5. The Superintendent, if he desires to do so, shall give to the committee explanations concerning the question or questions' which form the subject o Time of examinations V.'.*.*.. ..*.***.**."**.'***'.**'**'>] 39 Notice required ,..,.„ '...'..V.'.'.V.V.'.".. ' " ' '>'^ Certificate 90 ff^s "'^!^™'!Z"*z;;;!*z;;!!;;'' h Metnod of examination 25-31 |i I fl. Subjects of examination 32, 34 Standard required 35-30 Exemptions granted 40, 41 Records and reports 42,43,46,47, 49 Action annulled 44 Re-examination 45 Examiners 48 Rules for candidates 50 Duties of secretary 51 Classification of Schools CO, Gl Course of Study : — For three jzrades of sciiools C2 In relation to inspectors 9—2, 3, 13, 10 In relation to superior scliodls G3— 6, 71—4, 12, 74 Of Normal School 94 In relation to teachers 9—3, 175—6, 7, 13 In relation to pupils : 9—2, 176 Diplomas : — Grades of 18 Classes of 19 Sealed 43 Academy 52 Cancelled 44, 45 Deputy- Examiners for Central Board : — Appointment 26 Remuneration 26 Duties 27-31, 50 Deputy-Examiners for Superior ScnooT,s : — Appointment 73 Duties 86 Engagement of Teaciieks : — Length of. 152 Day for 153 Form of 150 Educational Journals 175—23 Fees:— For examination of inspectors (i " " "teachers 24, 37 For superior schools 68 J.-\jr \j.ii-i.vt3i.axvj ^■cxiiiij.^ai^.,, ,,,,,, ••••!•• •i«>«0{ IXOIU '; For deputy-examiners 26 J For appeals 192-7 35-39 ,...40, 41 6,47, 49 44 45 48 50 51 ,...00, 01 02 ■2, 3, 13, 10 1-4, 12, 74 94 75-6, 7, 13 ..9-2. 176 18 19 43 • ••••••• 0 ....24, 37 68 ...o< ixuiu 26 192-7 m. Holidays --^ Head Teacher „ " .V.V3»V»V.V/3"/Z"!!!!!;;! 173 Institutes : — Held annually ^,« Management of. '.**.* iVi' 11? Certificates \\p .:!t N. S. professors '.',',', ' {{i Expenses of \\!, Inspector's duty., o _i6 Teachers' duty ........'.'.*........'..'.*....... '. . ..." 1 7oI-24 Inspector :— Examination of. Composition of board I Expenses of board !'".'.V.V. .'. *> Duties of board .'."'.'.'".'..'.".'.Va 8 Time of examination *. ' 4 Subjects of exam inatioi 1 !".'.'.*.*.*.'..'..'. 7 Certificates required r Deposits required ): Duties of... .7.'.*.''..!::'.'.."*; Concerning Schools !........."'.......*. * o-l " Teachers 1..V..\\"V.V.9— i.'s.'trT." 8, ;i Pupils ()_2 ** Commissioners .'....*.'.*.*..*.*.'.*.'.. iV—l'i, vi " Teachers' Meetings .*.'.*.'.'.i)-i"i,' ]fi • Superintendent 0-9, 3, 11, v.), u Secretary-Treasurer <)-h Prize-Books io-jo Inspector op Superior Schools :~ Duties of. To inspect model schools and .academies ?[ lo prepare questions 7:, To report on inspection . . . 71-n To report on written examinations 7- Maps i r • • 14Boo'vs 10-10 Poor MuNiciPAnniis 109-172 PuriLs : — Duties of 170 Classification 175— fi. 18.') Woriv of 175-7 Discipline of 175-16,188-191 Conduct of 175-18, ISO Contagious Diseases 177 Text-Books for 178, 179 Beasons for absence ISO Cannot leave school 181 To be present at inspection 182 Of adjoining district 184 Damages by 1S7 Duties of in examination S7 Privileges of. S.') Punishments ]7o— 1^^ Religious iNSTRicnoN 158-100 School Boards : — In relation to school grounds 119-124 " " " schoolliouses 125-130, 140 " school furniture 137-145 " " " teachers' engagements 152-157 " " " text-books 101 Authorized Forms c 102 II II , 70 , 71 73-«4 88 89 90 91-92 , 93 94 95-99 ..100-103 , 104 ..105-100 ..107-111 112 , 175-3. 5 10-10 ..1 09-172 170 75-0. 185 1/0—' ', 188-191 5-18, 180 177 ..178, 17!) ISO 181 182 184 187 87 85 ....175— lii ..158-100 ..119-124 1-1 30, 140 ..137-145 ..152-157 101 102 Hi 8p] Te: Tl.- Tim Tli.M Vkn VlHl T, SecBBTARY-TrEASUBER's EXPENSES ,/>o i«o School Journal '^'\"An":^'A^^^^^^ School Year...... ^^* 1^5, 162, 175-19 School Hours.. 147-150 151 ScHoor.HousE : — Position Size 119-122, 125 Plans.....'.';.*;;; 126,127 Windows ;;;;;;;'.;;;::*.;:;;; ^?^'i?'^ Repairs ^^^> ^'^1 Use of. v.'.'.'.*.*.*.;*.'.'.*.*.*. V ^ii-^ l^'urniture ;; ^^^* 1^»^» Cleaning anci'fires;;;;;;;;;;;;;.* \"aP1^'H Damages ^'n':".' ^'^^~^ To be locked. ^^^' ^^'^-'' 1^7 In charge of teacner.**.;*.;;'.;;'.*.;; ^^^' ^"J"? ***** • • lob Specimens of School Work •— Elementary School..; ,. ^ Superior Schools .* '^. 70 Text 1{(X)ks :— ^utJiorization of ,.., Uniform Series of.....; '"'/'V"^^'^ Pupils provided with....!;'.! Y-\ May be lent to pupils i'^ * 1/9 TKACIIKIiS : — Attendance Jnities of. 1'^' Uo—l Head Teacher... *.*.'.*.'.'.'.'.*.*.*.'.■* ^l~] Engagements *;:*; }i'^ Number of. 152-lo7 ^u:I:^z:::: •■••■•""""::::::::::i^:'i;-io:7v::i;-i7^ lfvn.0KMSEK,.S0B'lVv;:B00KZ '^^'l^O-S V i:N'nj,v'iioN' 'A"\ -^^1