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Tl si Tl w di ei b( ri< re m D Additional comments:/ Commentaires re held to rebut the "evidence of his refusing; to serve" as trustee (For powers of trustce-elecl, before Ixiiii;; fined for not making the declaration of oflice, see chapter vi. on " Publk School Afeelings.") (rf) Neglect of Dutt/. — On toeing fined twenty dolliu-s for neglecting or refusing to |)€rfonn the duties of his office — not having, on hi.s election (as in (a) above), refused to accept office, imd having p.iid the prescribed i)enalty of Jive dollars for such refusal. (Ibid. sec. 236.) (e) Removal. — By actual removal of domicile from the section. (/) Non-Iie»ulence. — By three consecutive months' absence from the nio<"tii)gs of the school corporation without being authorized by resolution entered uix)n the trustees' minute book. (/6uf. WO. 38.) {g) Outside the Jiovndarieg. — On being placed outside of the 8ecti«>n botmdarics, by reiuion of an alteration in them. (See note to section 6 of this chapter.) (h) Conviction of any felony or misdemeanor. 4.— Verbal Declaration of Office required to be made. Within two weeks after his election, the new trustee is require*! to make the following verbal declaration of office, in presence of the chairman of the school meeting : — " I will tnily and faithfully, to the best of my judgment and ability, " discharge the duties of the office of school triiHtee, to which I have " been elected." (School Act, sees. 19 and 247.) Note. — If the chairman himself be elected trustee, he is required to make the foregoing declaration of office in presence of the secretary of the school meeting. In the case of neglect or refusal to do so^in either case — the trustee-elect subjects himself to a fine of twenty dollars, to be recovercii before a magistrate, for the benefit of the section. Immediately on the imposition of this nne, the office is vacated, and a new election should be held ; but, in the meantime, the dnna fidt acts (of the trustee who was fined, if he should perfonn any), are binding upon the section. (See note to (0 of section 3, and note to section 6 of this chapter.) 6.— Trustee's Three Tears' Term of Office. Every trustee holds office for throe years, and until his successor is elected. This rule does not apply to the second and third trustees elected at a first school meeting in a section. One of these trustees (the second elected) holds office for two yean, and the other (the IS ovrioi or truitki. [Omp^L third electml) holds it for one year, and in all oasos until thfllr xwpecv tive Bucoensoni are apiminted. {Ibid, wo. 17.) Note. — After iervin({ hin full term, a jienmn cannot he compelled to act tgtAn tt trustee until after the expiration of four ycani ; but he may, with his own consent, be re-electeci on his Koi»K <>ut uf ollicc. 'I'hiit privilege duen no; extend to a person who declines tu act or trustee, and pays tlin fine of /h* dollars for non*service. Such a (lerson may be clucict to fill the next succeeding vacancy, but may agaia decline to serve, on |>aynient of /rve dollurs, as before, {/iiti, sees. j6 & 236.) 0.— Who are the Trutteee of altered School Beotions. That part of a diviittvl or hUci^ Rcction, in wliich the Bchool housr/ of the section c;ontiinieceml>er, by icison of non -residence, caused by being placed outside the new Ixminlarics, as e\i)lained above. The remaining trustee or trustees in the section (as well as tiie secretary or inspector) can give notice of the annual school meeting. Shoulil, however, an election be held before the annual meeting, another election must be held on the second Wednesday in January, to fill up the Ubual vacancy caused by the retiring trustee. 7.— Liability of the original eeotion for old debts. The Court of Common Pleas has decided that one or more altera- tions in the bonndiuies of a school section, or the change of owner- ship of land in the section by many of the ratepayers originally liable, did not roliove the trustees of the resjionsibility of paying a just debt due by the originiil section l^efore any such aH|M)rtM to the inH|K)ctur, or to compel the attondunoe of abdunti^es uiulor tlin compulHory cliium^H of thu statuto, and the oonwHiuniit loHH of any piii't of tliu H(;h(x>l fund to the section. (See (j) of tliiH Hue, und note to hoc. 3, chap, viii.) (b) For any Iokh incurrod, in conHequonce of nejflect to take security from their Nt'«T(«tiiry-tn*iisurer, collector, or other pertton entrusted with school moneys. (Huhool Act, sec. 229.) NoTB. — This security should be Iod(;ed with the township council, aa required by law. (e) No^Icct to transact tnisteo business, at trustee meotintjs duly called (of which euuh truatoe must have due notice), (/bul. b>' :. 96.) NoTK. -Trustees are, of course, free to converse at plcisure with each other* and liiroiin.-illy lu agree on any school l)iisinessi but the law declares that — " Th«' rr nliilioii, nr'ion, or procoeilin;; of at least two of the ti i .'es •<• necct- ury, in u.dcr lu l.iwinlly hind the schuul corporation." {/iiU. nee. 99.) Thus, if a veru.t> r. itract or agreement, without the knowledge • f the other trustee, lie iii.ule hy I wo trustees with other |)arties acting; in |;(>od laiih, such ■greeiiH- di iiniifr^aiulin!; would necessarily bind the coriwration, and not the individiKii mis ocs who entered into it, and it can be enforced a^^ainst the cori.ura* tion. Tlni^ :i <'(!iiirii:t si.;iied by two trustees, and sealetl with the corporate seal, can be eiiton I'd a;; liiist iIk- corporation. This rule also applies to minor purchases and u:i'iniio>iing the acts of his colleagues. — Orr v. Ranney el at., No. ij^ Westminster. 12 Q. J>. R. 377. (See other decisions ot the courts, in section 13, chapter ii. page 21.) (rf) For wVful neglect or refusal "to exercise all the corporate ** powers vested in them * * * for the fultilmeut of any contiract or 14 OFFICE OF TRUSTEB. [Chap. 1. "agreement made by them." (School Act, sec. 238. See also deci- sions in sec. 10 of this chap., and note to sec. 3 (6) of chap, tiii.) (e) Declaration of Office — Duty. — For refusal or neglect to make the declaration of office, or to perform their lawful duties after having accepted oiHco, a tine oi Jive or twenty dollars (as the case may be) miiy be enforced by a magistrate. (See School Act, sees. 237 and 247 , sec. 4 of this chapter, page 11.) (/) Notea of Hand. — For all notes of hand which they may sign /not authorized by law). Note. — The signature of two or more trustees to notes of hand, and even the affixing to them ol the corporate seal, do not necessarily relieve individual trustees of personal responsibility in regard to them, or give to such notes a corporate character, unless they are given for loans raised with which to pay the teacher's salary. In that case they may be given, bearing not more than eight per. cent. The law, however, gives trustees ample powers at all times to procure by rate, imposed by themselves, or by the township council, such money as they may require. Trustees who require to borrow money for the purchase of a site and the erection of a school house, can do so by permission of the municipal council ; and the council is alone authorized to provide for the repayment of such borrowed money. An exception to this general rule is contained in the ^^lil section of the Municipal Institutions Act uf 1877* '^^'^ section authorizes "any municipal corporation having surplus moneys set apart for educational purposes, by by-law, to invest the same in a loan or loans to any board or boards of school trustees within the limits of the municipality, for such term or terms, and at such rate or rates of interest as may be agreed upon by and between the parties to such loan or loans respectively, and set forth in such by-law, or may by by-law grant any portion of such moneys or other general funds by way of gift to aid jxior school sections within the municipality." (See decision (l) of the Courts, section 3, chapter ii. pa«e 16.) {g) Unqualified TeaeherB. — For the salary of teachers, or assistants (employed by them), who do not posse?j legal certificates of qualifica- tion during the whole period of their engagement. (See chapter ix.) (h) Refusal to account. — For their own refusal, or that of their Rocvetary (on their behalf), to furnish either of the school section auditors with the papers or information in their possession, or within tlioir jurisdiction, relative to their school accounts. (See chapter v.) {%) Account for Moneys. — For neglect, or refusal, to account to competent aathority for school moneys or other school property entrusted to them, or in th*^ir possession. (See chapter v.) (i) N'egJect of Law and Regulations. — For loss to the section, of any porticm of the legislative grant (or county assessment), in con- sequence of their neglect or refusal to keep their school open during the eutire year, or of their neglect to make reports and returns to the insuoctor, or of their refusal to conduct their school according to law or to the official regulations (which have the force of law.) \J !' Chap. I.] OFFICE OP TRUSTER. 15 to of fcon- Ithe law i !' (k) Fu/rther Monetary Penatiiea for Neglect of Duty : — (1.) Twenty dollars for makir^g a false return to the Inspector. (2.) Five dollars for very week of delay in forwarding their cmmial report to the Inspector. (3.) Five dollars for neglect in not calling annual or other necessary school meetings. 10.— Legal Deoisions on the Personal Liability of Trustees. (i.) Personal Liability arneglect or refusal to exercise their Corporate pozoers. — The Court of Queen's Bench has decided as follows, in a case where a maiulamus nisi having been issued to school trustees to levy the amount of a judgment obtained against them, no return was made, and a rule nisi for an attachment issued. In answer to this rule, one trustee swore that he always had been and still was desirous to obey the writ, and had repeatedly asVed the others to join with him in levying the rate, but that they had refused. Auother swore that owing to ill-health, with the consent of his co-trustees and the local superintendent, he had resigned liis office before the writ was granted. The court, under these circumstances, dis- charged the rule nisi as against these two, on payment of costs of the application, and granted an attachment against the other tnistee, who had taken no notice either of the mandamus or rule. — Reginav. Trustees of School Section No. 27, Tyciidinaga. 20 Q. B. R, 528. (2. ) The Court of Queen's Bench has decided, that, as by the [tioentieth] clause of the [twenty-seventh]- section of the Consolidated School Act, the trustees can only be personally liable when they have wilfully neglected or refusec' to exercise their corporate powers; such neglect or refusal should have been allegefl and shown in the award, to warrant its directions to levy on the trustees personally. — Kennedy v. Burness et at. No, s, Oneida. 15 Q. B. R. 473, (3.) Neglect of Trustees to exercise their Corporate Powers must be proved. — The Court of Common Pleas also decided another similar case as follows: — In an action of replevin for goods of school trustees distrained under an award for the salaiy of a school teacher, declaring the trustees individually liable on the ground " that tlie trustees did not exercise all the corporate powers vested in them by the School Acts for the due fulfilment of the contract made by them with such teacher. Held, that the award as evidence, did not support pleas which averred as required by the [tiuentieth] clause of the {tiventy-serKnt/i] section of the ' 'onsolidated School Act, a wilful neglect or refusal by the trustees to exercise their corporate powers as the ground for making them personally liable. 2. That on the facts the defendants as trustees were not personally liable, the award ascertaining for the first time the exact amount due to the teacher, and declaring the trustees per- sonally liable without giving them any opportunity to exercise their corporate powers to raise the money to pay it. — Kennedy v. Hall et al, No. J, Oneida. R. 218. 7C. P. Note.- -An award for a teacher's salary cannot now be made. All salary disputes between trustees and teachers must be settled in the Division Courts. (Schnnl Act. i'>5-} (4.) The same Court has decided that vhere trustees become personally liahl? under the statute, it is necessary to show that there has been some ai'judicatio!! of the fict of wilful neglect or refusal to exercise the corporate powers vested in them for the fulfilment of any contract or agreement made by them, before such li.ibility can be enforced, — Ranney v. Maclem et al, 9 C. P. R. 192. (5.) When Personal Liability of Trustee arises. — The Court of Queen's Bench has decided that trustees cannot be held liable unless they wilfully neglect t) do their duty: not where they decline in good f h to exercise their corporate powers on account of any doubt or legal difficulty which they suppose to exist. — Vanburen V. Bull etal, No. 2, Rajcdon. 19 Q. B. R. 633. NoT3. — See also 7y». Toronto v. McBride's, No. (a) of sec 15, chap. xiiL [16] CHAPTER II. POWERS AND DUTIES OF TRUSTEES. I. — Genebal Corporate Powers. 1.— Rural School Trustees to be a Corporation. The law declares that " the trustees in every school section shall be i corporation, under the name of The Public School Trustees oj Section No. — , in t/w, Tovniship of , in t/ie County of———. And no such corfK>ration shall cease by reason of want of trustees. In case of such want (a) any two assessed freeholders or household-, ers of the section, or the Inspector, may, by giving siic days' notice, * * .* call a meeting of the assessed freeholders, householders or tenants who shall proceed bo elect three trustees. # # * The trustees thus elected shall hold and retire from office, in the manner prescribed " in this Act." (School Act, sec. 21.) 2.— General Powers and Liabilities of a Corporation. The Consolidated General Interpretation Act further declares that " Words making any association or number of persons a corporation, or body politic and corporate, shall vest in such corporation power to sue and be sued ; to contract and be contracted with in their corporate name ; to have a common seal,* and to alter or change the same at their pleasure; to have })crpetual succession, and power to acquire and hold jjersoual property anJ movables for the purposes for which the corporation is constituted, and to alienate the same at [ilcasure ; and shall also vest in any majority of the members of the corporation, the power to bind the others by their acts ; and shall exempt the individual membei-s of the coi"poration from personal liability for its debts or obligations r r acts, provided they do not contravene the pro- visions of the Act incorpoj-ating them. (Rev. Stat. c. i, s. 8, cl. 24.) But no rorporation shall carry on the business of banking [t. «. taking or issuing promissory notes, &c.,] unless when such power is expressly confeiTed on them by Statute. (See " Decisions of Courts" next section (1). 3.— Legal Decisions regarding School Trustee Corporations. (l.) Circulation of School Orders on Treasurer, an Act of Banking contrary to Law. — Chief Justice Draper thus condemns unauthorized acts of banking on the part of corporations. He says : " The evidence given at this trial shows that a practice had grown up for the defendants to give orders on their treasurer, which, * A corporation bei.i^ an invisii)le body, cannot manifest its will by oral communication ; a peculiar mode has thereice been devised tor the authentic expression of its intention, — namely, the affixing of its common seal ; and it is held that though the particular members may express their private consent by words or signing their names, vet this does not bind the cor{)oralion ; it is the fixing of the seal, and that I'l.'.y, which unites the several assents of the individuals com- posing it, and makes one joint assent of the whole. — Smith's Mtrcantilt Law, b. i, chap. 4. Chap. II.] POWERS AND DUTIES OF TRUSTEES. 17 But or sly liext ms. ry to the lat a com- when he had accepted them, got into circulation, and at last found their way into the collector's hands in payment of taxes. Such a practice seems to me at variance with the spirit, if not the intention, )r the Consolidated Municipal Act, which enacts that no council shall act as a banker, or issue any bond, bill, note, deben- ture, or other undertaking of any kind, or in any form of the nature of a bank-bill or note, or intended to form a circulating medium, or to pass as money ; and any bond, bill, note, debenture, or other undertaking issued in contravention of this section, shall be void. — In re Mutuon v. The Municipality of CoUingwood, 9 C. P. R. 497- (2.) A Corporation aggregate is not bound to appear as Witnesses in Court, but its Individual Members may be supanaed. — The Court of Common Pleas has decided that a corporation aggregate is not bound to appear at the trial as witnesses, under a notice served on its attorney under the Consolidated ^Statute 22 Vict. chap. 32, sec. 15. If the individual members are required to appear, they must be indi- vidually subpoenaed. — Trustees No. 2, Dumjoich v. McBeath, 4 C. P. R. 228. (3.) Two Schnol Trustees ran enter into a Contract against the wishes of a third. — The Court of Common Pleas has decided tliat a contracl entered into by two tmstees under the School Acts, wim the cor[Jorate seal allach'^1, is sudicient, and a plea tii:it it i^ signed by the two subscribing trustees without Ibe consent or approbation of the third, [but not without his knowletlge,] was hi-id to be bad. — Forbes V. Trustees, No. 8, Plympton. 8 C. P. R. 74. (See next decision.) (4.) But hoo Trustees cannot Act without consulting a third. — The Court of Queen's Hench has decided that two of the tnistees of a school are not competent to act in all cases without consulting the third, and giving him an opportunity of uniting in or opposing the acts of his colleagues. — Orr v. Ranney et al. No. /j, IVestminster. 12 Q. B. R. 377. (5.) A Thtstee, when sued for a Corporate Act, entitled to Notice of Action. — The Court of Common Pleas has decided, in a case of alleged trespass under a warrant, that a school trustee who is sued for any act done in his corporate capacity, is entitled to notice of action, and that the action must be brought within six months; and that a school trustee, acting in the discharge of his duty as such, in entitled to the protection of, and comes within the Consolidated Statute, 22 Vict,, chap. 126, notwithstan'liiig he should have signed a warrant individually, instead of in his corporate capacity. — Spry\. Munby et al. No. ij Kawdon. 11 C. P. R. 285. (6.) Protection of Trustees, Collectors, and other lawful School Officers. — The following are the provisions of the Act for the protection of magistrates and others, to which the j idge in the foregoing decisions referred. Sec. I. Every action brought against any Justice of the Peace, for any act done by him in the execution of his duty as such Justice, with respect to any matter within his jurisdiction as said Justice, or against any other officer or person fidjiiling any ptd>lu- duty, for anything by him doru in the performance of such pitbli' duty, (interpreted by the court in the foregoing case ( 1 1 C. P. R. 285) to apply to school trustees and to collectors of school rates, when acting under the trustees' lawful warrant,] whether any of such duties arise out of the common law or be imposed by Act of Parliament, either Imperial or Provincial, shall be an action on the case for a tort, and in the declaration it shall be expressly alleged that such act was done maliciously and without reasonable and probable cause ; and if at the trial of an/ such action, upon the general issue pleaded, the plaintiff fails to prove such allegation, he shall be nonsuited, or a verdict shall be given for defendant. •• •• Sec. 20. So far as applicable, the whole of this Act shall apply for the protec- tion of every officer and person mentioned in the first section hereof, for anything done in the execution of his office, as therein expressed. NoTR.— The one hundred and sixty seventh soction of the Consolidated Public .School Act of 1874, also provideii that "Trustees shall not be liable to any prosecution, or the p.tyment of any damages for actinjt under any by-law of a municipal council before it hat been quashed." 18 POWEhS AND DUTIES OF TRUSTEES. [Chap. IL II. — Powers and Duties of Trustees in Regard to the Site and School House. 4.— Duty of Trustees in regard to the Site of a School House. A change of site can only take place by consent of a majority of the ratepayers present at a meeting called by the trustees (or the county inspector). Should a difFei-ence of opinion arise at the meeting between a majority of the trustees and the ratepayers on the choice of a new site, the matter must bo refei-red to arbitration, as explained ill the chapters relating to "School Meetings" and "School Sites;" but the tinstees aloue liave the legal right to decide upon the size or enlargement of a school site, as provided in sec. 10 of chap. vii. S.— Trustees to hold School Property by any Title. Trustees are required by law " To take possession and have the custody and safe keeping of all public school property which has been acquired or given for public school purposes in such section ; to acquire and hold as a cori)oration, by any title whatsoever, any land, movable pro))erty, moneys, or income given or acquired at any time for public school puii)oses, and to hold or apply the same according to the terms on which the same wei-e acquired or received." (School Act, sec. 102, b1. 6. See aLso sec. 8 of this chaptei'.) 6.— Necessity for a proper Title to the School Site. The provision of the law, and especially the one mentioned in section 8, below, which vests all school projierty in the trustee corpo- ration for the purposes of sale, requires that trustees should, without dolay, whenever practicable, obtain a deetl,* a bond for a deed, a hiase, or other legal instrument, granting to them quiet ^wssession of the school site of their section, in case they have not a sulHcient title to it. (i.) Objection is frequently made to the right of trustees to assess the section for the building of, or repairs to, tlie school house, where no full legal title to the school premises is vestecl in them. To remove this objection (although it is only a technical one), trustees should obtain the legal instrument referred to, and have it registered without delay. (2.) Every public school house and site kre exempt from taxation, as provided iu the Assessment Act. (Sec. 6, cl. 5.) 7.— Begistration of Trustees* Title to School Premises. The trustees should not fail to register the title to their school site. In case the owner of a site refuses to sell it to them, and the trustees are compelled to take possession of it under an award of arbitrators, they should, on the atfidavit of one of their number, verifying the * Form of Deed Tor the site of the School House, Teacher's Residence, &.C., c.in be obtuiued tree ot' postaje from Me:>srs. Copp, Clark & Co., Toronto, Tor so cents. Chap. II.] POWERS AND DUTIES OF TRUSTEES. 19 lection Ito the |s only have Lvided I site. Istces I tors, the Ituiued same, register the award in the Registry Office, if the owner should refuse to give them a title under the award. Note. — Want of registration of title does not deprive the trustees of the right to assess and collect money for any of the ichool purposes of the section. 8.— When Trustees may sell a School Site or other Property. School trustee corporations can dispose, by sale or otherwise, of any school site or school property which may not be required by them, in consequence of a change of school site; they shoidd convey the same under their corpoi»te seal. The proceeds of the sale are to be applied to lawful school purposes. Ail sites and other property, given or acquired for public school purposes, vests, therefore, absolutely in the trustee corporation for this purpose. (See " School Sites" chap, vii) 8.— What constitutes adequate School Accommodation. The law makes it the duty of trustees to pi'ovide adequate accom- modation for " at least two-thirds of the children who have the right to attend school, according to the census taken by the trustees for the next preceding year." And now that the " comi)ulsory " law is in force, this duty must be faithfully performed. (See sec. 2 of chap. viii. of these Lectures.) The " accommodation " to be adequate, should include: (1. Size of Site.) — A site of the size mentioned in the regulationa in chapter xvii. at the end. (2. Size of Rooms.) — The school house must be of the dimensions fixed by regulation. (See chapter xvii. at the end.) The area in each room shall be at least one hundred and twenty cubic feet of air for each child.* The rooms must also be sufficiently warmed and ventilated, and the premises properly drained. (3. Fence.) — A sufficient fence or paling round the school premises. Note. — The Ontario Line Fences Act of 1874 (37 Vic. ch. 25), which applies to school fences, enacts that "Owners of occui)iefl adjoining lands shall make, keep up and repair a just proportion of the fence wliich marks the boundary between them ; or, if there is no fence, they shall so make, keep up and repair the same proportion which is to mark such boundary ; and owners of unoccupied, which adjoin occupied, lands, shall, upon their being occupied, be liable to the duty of keeping up and repairing such proportion, and in that respect shall be in the same position as if their land had l^een occupied at the time of the orijjinal fencing, and shall be liable to the compulsory proceedings hereinafter mentioned. " (.Sec. I.) The Act further provides (in case of dispatc) for the appointment of fence viewers to make an award, which may be enforced as pointed out in the Statute. (4. A Play Ground,) or other satisfactory provision of sufficient extent for physical exercise, within the fences, and off the road. * Thus, for instance, a room for fifty children would require space for 6,000 cubic feet of air. This would be equal to a cube of the following dimensions in feel^ viz. : 30X00X10, which u Of uivaleat to a room 30 feet long by 30 feet wide and 10 feet high. 20 POWERS AXD DUTIES OF PBUSTESS. [Chap. II. (5. A Wdl,) or other means of procuring water for the school. (6. Separate Ol/icci.) — Proper and separate offices for both sexes, at some little distiinco f)-om the school house, from each other, and tiuclosed with a high and socurd fence. (7. Furniture, Maps and Apparatus.) — Suitable school fumitxire and apparatus, desks, seats, blackboards, maps, presses, and books, &c., necessary for the efficient conduct of the school. (See sec. 14, ch. ii.) Note. — General Sii ^^^estions to Trustees in regard to School House Lots. — The school ground shoulil, in the rural aections, embrace an acre in extent, and not less than half-an-acre, so as to allow the school house to be set well back from the road, and to furnish play-};rounds within the fences. A convenient form for school grounds will be found to be an area of ten rods front by sixteen rods deep, with the school house set back four or six rods from the road. The grounds should be strongly fenced; the yards and outhouses in the rear of the school house should Ve separated by a high and tight board fence; the front grounds should also l>e planted with shade trees ; shrubs and flowers in their season. Various simple plants, required for illustration in the lessons on botany, might be cultivated near the school house. Flowers, beautiful in themselves, have a most delightful and humanizing influence on children and youth, who should be taught to care for and preserve them from harm on the school premises. 10.— Erection of School House, Teacher's Besidenoe, &o. The trustees alone have the right to decide upon the cost, size and description of the school house, or teacher's residence, which they shall erect. No ratepayer, public meeting, or committee has any authority to interfere with or control them in this matter. They have also full power to decide what fences, outbuildings, sheds and other accommo- dations shall be provi(|ed, as explained in section 9 of this chapter. To them also exclusively belongs the right to have the school grounds planted with shade trees, and properly laid out. 11.— Restriction on the Use of the School House. No school house or lot (unless so provided for in an old deed), or any building, furniture, or other thing pertaining thereto, shall be used or occupied for any other purpose than for the use and accom- modation of the public school of the section or division, without the express permission of the trustee corporation, and then only after school hours, and on condition that all damages be made good, and cleaning, sweeping, &c., promptly done, or compensation made there- for. Note. — Should trustees abuse this discretion in regard to the use of the school house, they may be restrained by injunction from the Court of Chancery. 12.— Duty in Begard to the Care and Bepair of School ' House. Trastees should for convenience, appoint one of their number, (or the Secretary-Treasurer or other responsible person,) and give him authority, as well as make it his duty, to keep the school house ic I •Chap. II.] POWEBS AKD DUTIES OF TR0STICE8. 2i coom- the after and lere- school lol (or him Ise ic ^ «» Ifood repair. He should also see to it that the windows are properl tilleurt held, that the house and land could not lawfully be sold — it being contrary to public policy that a rchool house in daily use (any more than a court house or gaol) should be held liable upon a writ of execution, as, not the trustees but, the inhabitants of the section are the cestuis que trust (i.e. the persons for whose benefit the trust was held). The plaintiff should have resorted to his other remedies against the trustees for neglect of duty, &c., [as provided in the twentieth clause of the twenty-seventh section of the Consolidated School Act.] — Scott v. Trustees of Union Section No. t Burgess and 2 Bathurst. 19 Q. B. R. 28. (6.) Trespass on the School House, — The Court of Queen's Bench has decided that the trustees of the school, and not the teacher, should sue for a trespass on the school house ; unless it can be shown that the trustees have given the teacher a particular interest in the building, beyond the mere liLerty of occupying it during the day for the purpose of teaching. — Monaghan v. Ferguson et al, London, 3 Q. B. R. 484, {7.) The Assessment Act exempts from taxation "every public school hons^ with the land attached thereto, and the personal property belonging to it." (Sec. 9. cl. S) Note. —See chapter vi on " School Meetings," and lection 15 of chapter vii, containing Dedsion of the Courts in regard to School sites. III. — Power and Duties of Trustees in regard to the School Teachers, inc. 14.— Froviding Teacxier, Apparatus, Books, School Bell, &o. The trustees alone, and not any public meeting, have the right to decide what teacher shall be emi)loyed, how much shall be paid to him ; what apparatus, library, prize and text books shall be purchased; ■what repairs ; contingent expenses for stationery, postage, warming and cleaning the school houses, purchase of school bell, &c., shall be authorized, (as explained in section 12 of this chapter;) in short, they alone have the right to decide upon everything which they may think expedient to do in order to promote the interests of the school. 16.— Who shall determine the Expenses of the School. The majority of the trustees of every school section have, as we have shown, the sole right to decide as to what expenses they will incur for maps, school furniture, apparatus, library and prize books ; salaries of teachers, rent of school house, cost of school bell; warming cleaning, repairs, contingent and all other expenses of their school. The trustees, as explained in the preceding section, are not required to refer such matters to any public meeting whatever ; and no reso- lutions of a public meeting on the subject have any legal force, espe- cially as the schools are now " free" by law. (See sec. 1 of chap, xiii.) 10.— Trustees to establish Free Public School Library. Trustees should, under the general regulations, establish a free ?ubUc school library for the children and ratepayers of their section, 'hey can appoint and pay any competent person to act as librarian. Ohap. IL] FOWBSS AND DUTRl OF TRCSTCn. ft In ease they do not appoint any such person, the teacher is required, without additional salary, to act as librarian ex-officio for the section. (See chapter ix., relating to teachers.) Note. — The property of everr public library is exempt from taxation. One hundred per cent, is allowed by the Minister of F ' nation on all sums over $^.. remitted to the Educational Depository in correction with his Department for library and prize books, maps, apparatns, &c. 17.— Who have a right to attend the Sohool.— Reatriotions. Trustees are required by law to provide school accommodations for all tl.e residents of their section between the ages of five and twenty- one years, whether they attend the school or not. They are also required to admit to tlieir school the children of all resident and adjoining non-resident ratepayers* of their section (between the ages of five and twenty-one years), so long as their conduct is in con- formity with the general regulations and the " rules of the school," and so long as the rates or fees required to be paid on their behalt are fully discharged. (See School Act, sec. 102, els. 8, 19, 20.) Note. — The trustees have authority to admit to their school the children of any other non-residents who are not ratepayers of their section ; and they can collect in advance fees or rate-bills from all non-residents, not exceeding fifty cents per calendar month, for admission of such children to the school. (School Act, sec. 102, cL 20. See also sec. 4 of chap, iv., and sees. 2 and 3 of chap, xiii.) 18.— Authorisecl Text Books can be alone used. The School Act makes it the duty of trustees " To see that no unauthorized text books are used in the school, and that the pupils are duly supplied v/ith a uniform series of authorized text books sanc- tioned and recommended by the Education Department." (Sec. 102, cl. 23.) The Act further declares that "No person shall use any foreign books in the English Branches of education in any model or public school, without the express permission of the Education De- partment." (Tbid. sea 11; see also sec. 4 of chap, xiii.) 10.— Trustees* Visitation of the Sohool.— Begisters, &o. The Act requires the trustees " to visit, from time to time, every school under their charge, and see that it is conducted according to law and the authorized regulations, and that every such school is, at all times, duly provided, at the expense of the school, with entrance and daily registers and a visitors' book, in the forms prepared accord- ing to law." (Sec. 102, cl. 21.) These registers can be obtained through the inspectors gratuitously, or from the Educational Depository on payment of postage. They are also required "to procure annually, for the benefit of their school section, some periodical devoted to education." (Sec. 102. cl. 23.) * The law declares that the child or children of non-resident ratepayers " shall not be returned as attending any other than the school of the section or division in which the parents or guardians of thtt child or children reside." (School Act, sec. 160.) The trustees and teacher of a school at which resi(1ents can exceed ^O cents per calendar month, the whole charge for school fees must ))e included m this amount. The collector*! fees must be paid by the trustees out of the amount collected, or from the general funds of the section. (Sec. loa, cl. aa) (2) To the rate bill should be appended a certificate and warrant by the tn»> tees, similar to those appended to the school rate roll, but varied so as to refer only to school fees. NoTR.— 'I'hi form for thii Rate Bill can b« obtained, free of postage, from Meur*. Copp, Cbrk U Co., Kroiit Street, Toronto, for s cent*. (3. ) Hate bills are by law payable in advance. Trustees can, therefore, always make arrangements to pay their teachers punctually. Teachers can, however, make no lef;al claim for these fees unless the trustees a^rce beforehand to pay them over tu the teachers. They should go into the general funds of the section. (///.) (4.) The collector should take a receipt from the secretary-treasurer of the seciion for all moneys paid to him. The secretary -t'oasurer should also take a receipt from the teacher for all moneys paid to him. The taking and giving of receipts for moneys paid and itceived will prevent errors and misunderstandings. (5.) Form of a Receipt to Parents or Guardians on the payment of their Rate Bill, — Ileccived iVum \here write the name of the Pupil or Person paying\ the sum of \hfre lorite the mm in wonts] in payment of the Kate Bill due from [here write the name of t/te Person in whose behalf payment is niaae] to the Trustees of School Section No. — , in the Township of , for the month ending the — day of ^,18 . Dated this — day of , 18 . A. B., Collector of Common School Monejrs [or Teacher]. (6. ) When the payment of the rate bill is made by the parent or guardian con- cerned, the receipt should state it accordingly. If payment of the rate bill be maile to the teacher, it should be authorized by the trustees. The teacher sliould, of course, apprize the collector of all payments made to him, so that he (the col> lector) may not be at the trouble of calling upon such persons. NiiTtv— in regard to non-residents, railways, and other matters, see Directions to Collectors and Decinoas of the Courts, &c., further on. (Chap, iv, and sec. lo of this chapter.) 6.— For what a Seotion School Bate may be Colleoted. A sclrool rale may be lawfully coUectod for any of the school pur- poses cniunei'ated in sections 9 to 12, inclusive, of chap. ii. 7.— For what a Seotion School Bate cainot be Colleoted. No rate can be lawfully levied: — (1. Teacher's Scdanj.) — To pay the salary of any master, assistant teacher, or monitor, who does not, during the whole time for which * Forms of fhis Rate Roll and Bonds and Security can be supplied by Messrs. Copp, Clark k Ca, Front Stroet, Toronto, free by post, at the following rates : — Piil;iia School Rate Roll with Trustees' Warrant 6 centk Bond of Collector of Public School Kates 5 " Band of Secret^y-Treasurer '* "^ 28 SECRETABT-TREASUBEB AND COLLECTOB. [Chap. III. tlie salary is claimed by such teacher, etc., possess a legal certificate of qualification. (School Act, sec. 102, cl. 18.) (2. Trustee's Claim.) — ^To pay any claim of a co-trustee for any- thing except a school site, or as remuneration for acting aa a collector of school rates. {Ihid, sec. 22*5.) (3. Coat of Suits.) — ^To pay costs of an illegal suit, or for xmsxjo- ceesfully defending a suit brought against them for illegal acts. (See decision 10, sec. 12, of this chapter.) (4. Unnecessary Expensf.i.) — For unnecessary travelling expenses, &c. (See decision (10) of the Courts, section 12, of this chapter. (5. For Excessive Interest,) and the expenses of unauthorized loans, Note. — Persons oflen illegally refuse to pay school rates levied by trastees, because : — (I.) A trustee may have omitted to make the declaration of office. (2.) Aud because trustees have no school site deed ; but neither of these objec- tioas is valid. The law provides other special means of dealing with such cases. 8.— Trusteerii and the Assessor and Collector's Roll. The townshi^D assessor is required to deliver to the township clerk, not later than the middle of April in each year, his assessment roll, completed and added up. From this roll, as finally approved by the township court of revision,* the clerk is required to make out a township collector's roll. The clerk, or other officer having possession of the assessor or collector's roll, is required to allow any one of the trustees, or their authorized collector, to make a copy of it, so far aa it relates to their school section. (Sec. 102, cl. 12; aecs. 107 and 108 d. 6.) 0.— Assessors to Value Lands situated in each Section. The ScLo'-'l Law declares that : ^ (1.) "Whenever the lands or property of any individual or com- pany are situated within the limits of two or more school sectioijs, euch assessor appointed by any municipality shall assess •md return ou his roll, separately, the parts of such lands or property, according to the divisions of the school sections within the limits of which such lands or property may be situate, (2.) " Every undivided occupied lot, or part of a lot, shall only be liable to be assessed for school purposes in the school section wheoe ths occupant resides." (Sec. 106. See clause (5) of next section.) • The Assessment Ijiw makes every Municipal Council of five members a Court of Revision ; (if over five a court of five mast be selected by the Coui'dl.) This court is authorized to decidtt all cases of appeal for over or under assessment, mistakes, omissions or wrongful assessments oi every Icind. Appeals may be made by any ratepayer, not only in regard to errors in regard to his own assessment but also in regard to that of his nei^hboumv (Sees. 47*j8i see regukUiOM in regard to appeals in note to sec. 6 of ihap. xii of these lyecturetj S . Gbap. m.] SECRETABT-TBEASUREB AND COLUDOTOB. 29 10.— Guidance of Tnutees in framing the Oolleotor's Boll. (1.) Z^hool Trustees. — The tmstees, in making out their collector s rc^l must be guided, in regard to the school boundaries, by the school map of the township, in case there should be any dispute. The derk is required, under a penalty of ten dollars, to make thi^ map, and allow the trustees' assessor or collector to have access to it. They must also adhere strictly to the township assessor or collector's roll in regard to names of persons taxed, and the valuation of their pro- perty. (School Act, jecs. 107, IDS.) Note. — The collector's roll for the school rate must betaken from the township assessor's roll, so far as it relates to the school section, {/did, sec. I02, cl. 12.) (2.) Omission. — Should any omission or mistake be discovered in the township roll, the council is authorized to correct it, so far as it relates to each school section. {Ibid. sec. 107; see note * to sec. 8 of this chapter.) (3.) No Omissions. — ^The trustees must omit no taxable property in the section from their list ; but they may authorize their collector to exempt from payment of the taxes imposed by them, any indigent person in their section. {lUd, sec. 103, cL 6.) (4.) Equalization o/ Assessment. — In case of an inequality in the assessmenl roll of parts of union sections, the reeves (or deputy reeves in the absence of the reeves), and inspector concerned, are required to equalize the assessment of the various parts of such union section every year, (Sec. 135; see note * to sec. 8 of this chapter.) Note. — ^The mode of equalization is left to the judgment and discretion of the inspector and reeves. The late Chief Justice Robinson (in Gibson v. Huron and Bruce, 20 Q. B. R. 119), laid down the doctrine that in equalizing the assessment of different townships, " m ich muF ' necessity be left to the judgment of those who have to induct the or oration, and who, by reason of their local knowledge, are best qualified to do su. ' Turther : The legislature "has done the best it could in committing the dr.^y '.o [the councils] on general terms of equalizing the assessment so as to produce a just relation, but have necessarily left it to them, (as best they can,) to work out the problem." (Page 120. See also the Assess^ meat Act of 1S77, Rev. Stat. c. 180, sec. 68 ; and Part II. of these Lectures.) (6.) Undivideil Lot. — In case of an imdivided' lot (that is, the whole or a portini of an original 200 acre lot, owned by one jierson), lying in one or more sections, and having the owner or occupant's residence thereon, it must be assessed only in the section in which the occupant resides. (Sec. 106. See (2) of section 9 of this chapter.) Note. — (i.) The "lo'" here spoken of is one which contained two hundred acres, more or less, according to the original survey, and is occupied by a singfaf individual or company. "Part of a lot, \% part of an original two hundred acres lot occupied by a single individual or company. If two or more such parts of a lot should becomie, at any future time, the property of one person, they must be held from that time to form but part (or the whole) of one lot, in the sense of the Act. (See following decision.) (2.) An Undivided Lot must be in the same Municipality — Municipal Boundaries divide Lots. — ^The Court of Queen'» Bench has decided the foUawing case: CertftUk 30 SHOBBTABT-THEASnRBR AKO OOtLECTOK. [Chap. III. property, through vrfaich ran a mnnicipal division-line between a town and a town- ship, was assessed by the trustees of a school section in the township, according to the value of that portion of it lying in their section and outside the town. The owner refused to pay, and was sued by the trustees as a non-resident, in accordance with the provisions of the School Law. The Judge of ihe Division Court decided ^ against the trustees, on the ground that the \fifty-eighth\ section of the Consoli- ' dated School Act referred to undivided lots within different municipalities, as well as within one municipality. The Chief Superintendent appealed the case, and it was held by the court that the trustees acted rightly, — they being guided by the assessment roll of their municipality; and that the proviso refeiTed to applies only to the case of an undivided property extending into more than one school section of the same municipality, and not where the land lies in different municipalities. Hence municipal boundaries divide lots. — Chief Superintendent of Education, appellant, in re Trustees, No. 4, Hallowell v. Storm. 14 Q. B. R. 541. 6. Taxe» levied eqiutlly upon all rcUahle property. — ^T?he ffth section of the Assessment Act provides that "ail mimicijjal, local, or direct taxes or rates shall, when no other express provision has been made in this respect, be levied equally iipon the whole ratable property, real and personal, of the ounicipality or other locality, according to the assessed value of such property, and not upon any one or more kinds of property in particular, or in diflTerent propor- tions," Property rates must, therefore, be levied equally on all tax- able property of the ratepayers in the section, whether residents or non-residents. (For definition of non-residents' land see chapter iv.) The rate when levied, must be upon all the taxable property in the section (and is a lien upon it), but it must be levied in the name of the individuals mentioned on the assessor's or collector's roll, whether resident or non-resident, (See (8) of section 11, of this chapter.) (7.) Rate Bills on Non-Eesidenta. — No rate bill for fuel, or any other contingency, can be levied on pupils, or on parents or guardians, 9B such, who own property in the school section. But a rate bill for tuition must be charged for all non-resident children who attend, and whose parents or guardians own no taxable property in the section. (Soc. 102, cl. 20; see rlgo sec. 5 of this chapter.) Note. — Rate bills (not exceeding twenty cents per month, per pupil) for text books, stationery, fuel and other contingencies, may be collected from parents or guardians in cities, towns and villages. (See School Act, Sec. 105, cl. 2.) (8.) Owner and Occupant. — The Assessment of Property Act de- clares that: — "When land is assessed against both the owner and occupant, or owner and tenant, the aspessor shall place both names within brackets on the roll, and shall write opposite the name of the owner the letter F., and opposite the name of the occupant or tenant the lettfir H. or T. ; and both names shall be numbered on the roll, * * * and the taxes may be recovered from either, or [if left unpaid] from any future owner or occupant, saving his recourse against any other person." (Assess. Act, section 18.) (9.) Many Owners. — When land is owne'l or occupied by more .]>er8ons than one, and all their names are given to the assessor, they Chap. III.] SECSETART-TREASITRER AND COLLECTOR. 31 Let de- er and iiamea of th« tenant le roll, or [if ourae more thej shall be assessed therefor, in the prqwrtion belonging respectively to each; and if a portion of the land so situated is owned by parties who are non-resident, and who have not required their names to bo entered on the roll, the whole of the property shall be assessed ia the names given to the assessor, saving the recourse of the persons whose names are so given against the others. (Assessment Act, Sec. 19.) (10.) "Unpatented Land, vested in or held by Her Majesty, which shall hereafter be sold or agreed to be sold to any person, or which shaR be located as a free grant, shall be liable to taxation from the date of such sale or grant. * * * in the samfe way as other land, whether any license or occupation, location ticket, certi- ficate of sale, or i-eceipt for money paid on such sale, has or has not lx;en, or shall or shall not be issued, and (in case of sale or agreement of sale by the Crown) whether any payment has or has not been, or shall or shall not be, made thereon, and whether any part of the purchase money is or is not overdue and unpaid." (Assess. Act, Sec. 126. For assessment in vinorganized townships see chap, xii.) 11.— Duties and Liabilities of Ck>lleotors of School Rates.* These " powers " of, and the mode of " proceeding " observed by township and ounty collectors, are prescribed in the Assessment of Property Act. Rev. Stat. c. 180. They are adapted to collector of school rates as follows : — (1.) Collector shall call for the Rate. — ^The collector, on receiving his warrant and the roll [see page 26], shall call on the party rated, if residing within or near the section, and demand jiayment ; if a non- resident, he may see him, or send by post a statement of the demand. The entry of the date of such demand on his roll opposite the name^ shall be prima facie proof of the demand. (Assess. Act, sec. 92.) (2.) Shall seize Goods and Chattels of Defaulters. — In case any person neglects to pay bis taxea fourteen days after demand made, the school collector may levy the same, with the costs payable to a division court bailiff, by distress of the goods and chattels of the l»ev8on who ought to pay the same, or of any goods in his possession, whei-ever the same may be found within the towMhip [or townships] out of which the school section is formed, or of any goods or chattels found on the premises, the property, or in the possession, of any other occupant of the premises. {Ibid, 93.) Note. — In the case of non-residents, the same rule applies ; but in default of payment on their part, any goods or chattels found on the premises rated can be seized or sold whether they belong to the oon-resident or not (See clause (8) of this section. ) * For protection of collectors when acting under a lawful waixaot, Mt dadiioDS of CourM of Common Picas, on pages 17, 33 and 34. 32 BECBETART-TREABUBER AND COLLECTOR. [Chap. III. (3.) Shall give Public Notice and Sell hy Auction. — He shall give 3Q0tice of the day of sale and the name of the defaulter, in not less than thrM public places in the place where the sale is to be held, at least six days before the day of sale, and shall sell by public auction, the property so seized, or so much of it as shall satisfy the debt and costs. (98.) Any person wilfully tearing down, injuring or defacing such notice, or the assessment roll, shall be liable to a fine, before a manstrate, of twenty dollars, or twenty days' imprisonment. {Ibid, 215.) (4.) Horn to Dispose of Surplus. — It the property has been sold for more than the rate and costs, and if no claim be made by some other persons on the ground of ownership, lien or other right, he shall return the surplus to the party who was in possession when it was seized, or to such other claimant whose right to it is admitted by the other party. If there be a dispute between them as to the ownership, the surplus shall be paid over to the municipal treasurer until the dispute be settled. {Ibid, 97-99.) (5.) Liability of Railway Compa/nies in School Sections. — " The real estate of a railway company (in a school section) is to be con- sidered as the land of a resident." {Ibid, 4.) And the company is to transmit annually to the clerk of the municipality, a statement of the value of all their real property within the municipality, the vacant land not in actual use, and the actual value of the land occupied by the road itself; the clerk shall communicate the same to the assessor, and the trustees shall copy it from the assessor's roll and place it upon the collector's roll, with the amount of tax thereon. The collector shall deliver at, or transmit by post to, any station or office of the company, a notice of the total amount at which the trustees have assessed the real property, vacant lands, and the lands occupied by the roadway, and collect the tax at any station or oiBce of the company. {Ibid, 26.) Note. — The trastees should send or deliver a bill to the railway company in a fonn which can be supplied by Messrs, Copp, Clark & Co., free of postage, for 5 cents. (6.) Omitted Assessments and Mistakes. — The School Act authoriws the township council to correct any error in the assessment roll of the section, as certifi|d by the trustees. (Sec. SOj see note * to sec. 8.) Note. — Mistakes, omissions or overcharges in the assessment roll, can also be corrected by the township Court of Revision. (See page 29, and note • to sec 8. ) (7.) Collector to make Return at the time specified in the Warrant, d:c. — ^The Collector shall return his roll to the trustees, and pay over the proceeds, within the time fixed in the bond to the trustees, or their warrant to him, otherwise another person may be employed to collect the taxes which the collector does not collect within the time specified. (Assessment Act, Sees. 101, 102.) lap. III. Chap, in.] dBORETABT-TREASUBEB AND COLLECTOB. 33 lall give not less held, at auction, lebt and , defacing before a . {Ibid, 1 sold for me other he shall )n it was 3d by the Kmership, until the 9.—'* The to be con- )any is to anient of ality, the the land Ithe same sor's roll thereon. «tion or vhich the ;he lands or office npany in a tage/foi 5 athori;:es t roll t the Crown, and shall not require registration to preserve it. ( fhul, 105.) (9.) Punishment o/ Clerks, Assessors or Collectors, making /rmulu- lent Assessments, Collections, due. — If any clerk, assessor or collector makes any unjust or fraudulent assessment or collection, or oapy of any assessor's or collector's roll, or wilfully and fraudulently inserts therein the name of any person who should not be entered, or wilfully omits any duty required of him by this Act, he shall, upon conviction thereof before a court of competent jurisdiction, be liable to a fine not exceeding two hundred dolla/rs, and to imprisonment until the fine be paid, or to imprisonment in the common gaol of the county or city for a pe-'^od not exceeding six months, or to both such fine and imprisonment, in the discretion of the court. {Ibid, 191.),. (10.) Proceedings /or compelling Collectors to account for or pai) over moneys in their hands. — If a collector refuses or neglects to pay to the municipal or school treasurer, or other person legally authorized to receive the same, the sums contained in his roll, or duly to account for the same aa uncollected, the municipal or school treasurer shall, within twenty days after the time when the paymmi ought to have been made, issue a warrant under his hand and seal, directed to the sheriff of the coimty, or the high bailiff of the city, (aa the case may be,) commanding him to levy of the goods, chattels, lands and tenements of the collector and his sureties, such sum as remains unpaid and unaccounted for, and to return the warrant within forty days after the date thereof. (Ibid, 195.) 12.— Legal Decisions regarding School Bates and Collectors. (l.) Collector's Sureties not Responsible for Uncollected Rites, nor for Collector's default, unless they so bind themselves in the bond. — The Court of Common Pleas )ias decided the following case : — A person having been duly appointed Collector by the trustees of a school section, s. Tied the following contract at the foot of the instrument appointing him : "I agree, &c., &c., to collect, &c., accordinif to the said Act, and bind myself, by my securities, in the sum of;^250 ;" and immeiliately under, his sureties signed the following undertaking : " We hereby agree to become security for the due fulfilment of the above contract. " The collector paid over a portion of the amount collected by him, leaving a certain sum remaining uncol- lected. An action was brought by the trustees against the collector and his sureties. Held, that the sureties, under their contract, were not jointly liable with their principal for moneys uncollected by him ; also, that they were not jointly liable on their guarantee as sureties on default of the principal — the contract only extending to the collection of the rate. — Trustees No. 6 York v. IVilliam Hunier et al. lo C. P. R. 358. (2.) Note of Hand no legal Payment of School Rate. — The Court of Queen's Pjench has decided the following case on a replevin [see Index] for horses : Plea,-- justifying the taking,under a warrant for school taxes, and alleging that they were delivered by the collector to defendant, an innkeeper, to take care of until the sale. Replication, — setting out facts to show the rate illegal, and averring that plaintiff, S4 SECUETARY-TREASURER AND COLLECTOR. [Chap. III. after seizure of the goods, at the request of the collector and trustees, gave his note for a sum iramed, (not s-iying that it was the amount due by him,) payable to bearer, whicli was accepted in satisfaction of the taxes ; that the collector released the property seired, and said note is still outstanding, and the plaintiff liable upon it, and that the seizure in the plea mentioned was mjid.e afterwards. Hdd^ on de- murrer, replication Ixid ; for, 1st, The collector, acting under a warrant legal on the face of it, would not lie liable in trespass or trover, and therefore not in this action, nor tlie defendnnt for taking the horses from him to keep ; and, 2nd, Even if the note had been for a sufficient amount to pay the rate, yet the improper acceptance o( it by the tmstees would not prevent them from afterwards distraining. — Upryy, McKenzic. i8 Q. H. R. i6i. (3.) Extension o-' !n;ie for collecting School Rates. — Duration of Collectoi's authority. — The Court of Queen's Iknch has decided the following case: The time for levying a schoo] tax in the city of Kingston, imposed by by-law in De- cember, 1855, was extended by resolutions of the city council, under 18 Vic. c 21, s. 3, until the 1st of August, 1856; and again, on the 22nd of December, 1856, to the 1st oi March, 1857. Held, that the collector, who was the same person for botli \e:iis, might distrain between the 1st of August and the 22nd of December, 1856, ahliough no resolution extending the time was then in force — AtcLean, J., dissenting. — Newberry \. Stephens et.al, City of Kingston. 16 Q. B. R. 65. Note. — As a doubt was expressed by one Judge in this case as to the legality of the extension of time, it would be better for trustees to issue a new warrant and take a fr^ bond whenever the period mentioned in the bond expires. (4.) Right to collect School Taxes ofter the expiration of the Yecu: — The Court of Queen's Bench has decided, on an appeal by the Chief Superintendent of Education, that a collector of school taxes might, in 1861, collect by distress the taxes for 1859 and i860, not havmg made his final return of such taxes as in arrear, and being still collector ; and senible, that in this case the plaintiff, who complainetl of the seizure, having led to it by his own conduct, the proceeding sliould have been upheld in the division court at all events. — Chief Superintendent of Education, appellant, in re McLean v. Farrell. 21 Q. B. R. 441. (5.) Collector committing Trespass is entitled to Notice of Action. — Limit. — The Court of Common Pleas has decided that a collector who committed a trespass while nctint; under a warrant issued by a competent authority, was entitled to notice of action, and that the action should be brought within six months. — Spry v. Muinhy, et al, NIk ij, Rawdon. 1 1 C. P. R. 285. (6.) School Trustees have powe- to levy Rate at any time. — Under the Acts relating to Public .Schools, trustees may at any time impose and levy a rate for school purposes ; they are not bound to wait until a copy of the revised assessment roll for the particular year has been transmitted to the clerk of the municipality, but may and can use ilie existing revised assessment roll. — Chief Superintendent of Education, appellant, in re Hogg \. Rogers. 15 C. P. R. 417. (7.) Expenses of the School must be defrayed by the authority of the Trtistces, and not by the inhabitants themselves. — The Court of Queen's Bench has decided that freeholders and householders of a school section cannot substitute a voluntaiy subscription among themselves, and a rate upon the parents and guardians of diilrreii alone, for the whole expenses of the school, instead of the provisions u.iv le by law ; and a resolution to have such private subscription, which the > j-.tees neglected to collect, is therefore no answer to an avowry by the tritstees •or .1, rate levied by them in the usual way. — McMillan v. Rankin etal. No. 14, '^■■■yton. 19 Q. B. R. 356. {Vj. School Tax upon Parents and Guardians unlawfttl. — The Court of Common Pleas has also decided a similar case : A general school meeting passed the fol- lowing resolution : " That the expenses of the school section be paid by voluntary subscription, and the balance to be raised from a tcuc to he levied upon the parentt Chap, ni.] SEORBTABT-raEASURER AND COLLECTOR. 35 ic Acts rate for bssment fipality, \ic/ent 0/ |vj, and bd that jluntaiy lians of Ijvisions tch the Iniatees Vo. 14, bmmon [he fol- jluntary jrentt and guardians of those sending children tu school." The school trastees, after the fciilure of the voluntary subscription, levied a general rate, upon which this replevin arose— the plaintiS contending that he was not liable, as not being a parent of guardian of a child attending the school Held, that the trustees had no authority to tax the parents or guardians of those sending children, or to alter or annul the resolutions ; and that the tenth clause of the twentyseventh section of the School Act authorized the levy as made. — Craig v. Rankin et al. No. 14 Kingston. 10 C. P. R. 186. (9. ) Form of, and number of. Signatures to TVustees^ Warrant. — The Court ot Queen's Bench has decided that the warrant may be signed by two trustees [with the knowledge of the third]. In making cognizance under this warrant, it is sufficient to state that the plaintiff was duly assessed, and that the collector was duly appointed. It is not uecessjiry to state thc-iein that the rate was decided upon at a meeting, as required by statute, or how the appointment of collector was made. — Gillies v. Wood, No. 6, PiluingtoK. 13 Q. B. R. 357. (10.) No Rate can be imposed by Thtstees for the reimbursement oj costs in defend- ing Illegal Acts. — The Court of Queen's Bench has decided that trustees cannot impose a rate to reimburse themselves for costs incurred in defending unsuccessfully a suit brought against them for levying an unauthorized rate, or for travelling expenses incurred in order to consult with the superintendent ; but a rate may be levied to reimburse school trustees for the costs of defending a groundless action brought against them. — Chief Superintendent of Education, appellant, in re Stark V. Montague, 14 Q. B. R. 473; and Tiernan v. Municipality of Nepean, 15 Q. B. R. 87. (II.) Mandamus against Clerk of a Township to permit Trustees to examine the Assessment Roll. — The Court of Queen's Bench has decided that where, on an application for a mandamus, a demand and a refusal were sworn to, and defendant in answer denied the refusal, and alleged that he had always been willing to do what was required, the Court nevertheless granted th£ writ. — In re Trustees of Union School Section Nos. ij, Otonabee, 10, Douro, and 11, Asphodel v. Casemmt, 17 Q. B. R. 275. Note. — A mandamut is a command issuing Ta the. name of the Sovereign from a superior court having jurisdiction, and is directed to some person, corporation, or inferior court, within the jurisdiction of such superior court, requiring them to do some particular thing therein specifiL'l, which appertains to their office and duty, or to show cause why they have not done it. This writ was introduced to prevent disorders from a failure of justice ; therefore it ought to be used upon all occasions where the law has established no specific remedy, and where, m justice and good government, there ought to be one. (12.) Testator's Estate liable for School Rate in the hands of Devisees cnid Executors. — The Court of Common Pleas decided as follows: — An action of replevin may be brought upon a distress for school rates, and notice of action is not necessary, where several devisees and executors were rated for a school rate in respect to the property of their testators as "John Applegarth and brothers, "which entry appeared to have been made at the instance of some of them : but two of them only had slept on the premises occasionally, although such was not ti.eir ordinary place of residence, and they had received the usual notice of assessment in the form Mnthout appealing, and the same two had paid taxes on an assessment on the township roll in their individual names. Held, by the Court: — 1st, That the facts afforded sufficient evidence to show that the plaintiffs were "inhabitants" for the purposes of the rate; 2nd, That the parties were sufficiently named on the roll to render the rate lawful ; 3rd, That a demand made by the collector on "John Applegarth," named on the roll, was sufficient to bind all the plaintifis. — Apple- mrthetal, v. Graham, No,S' Flamborough East. ^ C. P. R. 171. (See "Non- Residents," chapter iv.) (13.) Liability of Executors and Devisees. — ^The Court of Queen's Bench has decidd that where executors and devisees in trust of land were assessed as owners: Held t'l^t they were properly so assessed, and that their own goods might be seized for the taxes. — Dennison v. Henry. 17 Q. B. R. 276. 3 86 BECRETABT-TBBASUBBR AMD COLLECTOB. [Chap. III. ! . (14.) Overrated Taxes paid cannot be recovered back. — ^The Court of Queen's Bench has decided that, if a person overrated pay the overrate without remon- strance or compulsion, he cannot afterwards recover it back. > Grantham v. City of Toronto, 2 Q. B. R. 475. (15.) Other cases cited. — The following cases amongst others also bear upon the question oi local municipal rates : Ridsdale v. Brush, (Roman Catholic Separate School case,) 22 Q. B. R. 122 ; Fraser v. Page, (general powers, etc.,) 18 Q. B. K. 336 ; Holcolm v. Sha^v, (who ought to pay the taxes ? ) 22 Q. B. R. 92 ; also Squire v. Mooney, 30 Q. B. R. 531 ; jforvis v. Cayley, (error in sale,) 11 Q. B. R. 202 ; Coleman v. Kerr, (affirming (3) on page 34,) 27 Q, B. R. 5 ; Secretary of War V. Toronto, (lien on land,) 22 Q. B. R. 555 > McBridev. Gardham, (affirm- ing (3) .above page 34,) 8 C. P. R. 296 ; Anglin v. Minis, (validity of one demand not affected by change of occupant,) 18 C. P. R. 170 ; Berlin v. Grange, (non- residents,) 5 C. P. R. 211. 13.— Application to Township Counoil to Collect Bates. Bdfore collecting any school rate, the trustees should decide before hand whether the money required by them for any purpose should be collected (1) by themselves, (2) by the township council, or (3) raise' by loan, under the authority of the council. In case either the second or third mode be decided upon, an estimate of the sum required by the trustees should be sent to the township council, at or liefore its August meeting. (Sec. 47.) Should the second mode be decided on, the council, upon receiving the trustees' estimate, and a request in writing, must levy the whole of the required rate within a reasonable time, and pay'it over to the tnistees, (without any diminution of collector's fees or expenses — ^which must be added to the rate by the council.) Should the third mode be decided on, the council may grant the required permission at its discretion. Should the council do so, it must issue a debenture for the sum to be bor- rowed, and provide the means for securing repayment of the amount borrowed, by a yearly rate imposed in the manner specified in tlie Act. (See clauses 8 to 11 inclusive; see also chap. L sec. 8, cl. (f), note of these lecttires.) Note. — In the chapter in Part II. of these Lectures, on Township Councils, full directions will be found in regard to the mode of providing for the school loans. 14.— Township Council required to raise Money for Trustees. The School Law declares that every township council shall levy by assessment upon the taxable property in any school section, such sum as may be required by the trustees thereof " for the purchase of a school site ; the erection, repair, rent, fumittu:^ and fittings of a school house and its appendages, the erection and repair of fences, outbuildings, or the rent or purchase of maps, apparatus, text, libraiy and prize books for the school, and salary of the teacher, assist- ant or monitor, as may be determined by such trustees." (Sec. 78, cl. 8.) Note. — In case of refusal, on the part of a township council, to levy 'the amount required by the trustees, the remedy is by mandamus from either the Court of Queen's Bench or Common Pleas. (Decisions of the Courts on this sub- ject are given in Part II. of these Lectures, and also an analysis of the whole school law in regard to township councils.) stees. evy by such aso of 8 of a [fences, text, assiat- . 78, levy the Iher the [his sub- le school 137J CHAPTER IV. THE LAW RELATING TO NON-RESIDENTS. 1.— A Besident of a School Seotloii Defined, (1.) A person who has his home, domicile, or place of business in a section or other school division, and on which he pays taxes, is a resident ratepayer, and, as saoh, is eligible to be elected a trustee ; (2.) Apprentices ; (3.) Railway Companies having roadways, stations, &o., in a section or other school division, and (4.) bona Jlde settlers whose names are not yet on the assessment roll, are to be regarded as residents. (See clause (12) of section 11, of chapter ilL) 2.— A Non-Besidei-t of a School Section Defined. A " non-resident " of a school section or division, is, strictly speaking, one who does not reside in it. But a person may be a school ratepayer of a section, and have the right to send to its school, and yet not reside in it. Transient visitors, and children who leave home and come to remain in a section or division for a period under twelve months, are also non-residents. 3.— Non-Beeidents Liable for Bates in their own Section. A person paying rates in the section in which he resides does not thereby relievo himself from the payment of i-ates in any other school section in which he owns property and is taxed. (Sch. Act, sec. 160.) Note. — Although the children of such a person attend the school of a neigh- bouring section in which he pays rates, yet their attendance must be returned only in the section in which they reside. — (/bid. See next section, and also sees. 3 & 4f chap, xiii.) 4.— Bights of the Non-Besident Batepayers of a Section. A non-resident ratepayer of a section (as defined above) has a right to send his children, or wards (if he be a guardian), to the school of kny section in which he pays school rates ; but such children " shall not be returned as attending any other than the school in the section, or division, in which the parents or guardians of the child or children reside." (Ibid, sec. 160. See next section.) Note. — Any resident claiming to be the guardian bf a non-resident or other child that may come to live with him, must satisfy the trustees, by documentarf other legal proof, of the validity of his claim to be such guardian. 6— Authority of Traetees in regard to Non-Besidents. Trustees may, at their discretion, admit the children of non-residents to their school on payment in advance of fifty cents per child per calendar month, ^ould the non-residents reside nearer te the school ■daUfiKwAM^MtWIM 38 LAW RELATINO TO KON-RESIDENTS. [Chap. IV. than to the one in their own section, the trustees must admit them on the payment of the fee. In case of any dispute as to the com- parative distance from the school, the inspector has power to finally decide the matter. (Sec. 102, els. 19, 20.) Note. — Supporters of Roman Catholic separate schools, have no right to send their children to the public schools while they are supporters of these schools. 6.— Definition of the words '* Lands of Non-Besidents" The Assessment Act declares that " unoccupied land sliall be deno- minated ' Landa of Non-residents,' unless the owner thereof has a legal domicile or place of business in the local municipality where the same is situate, or gives notice in writing, setting forth his full name, place of residence and post office, to the clerk of the municipality," etc (Assess. Act, sec. 3 ; see also cl. 8 of sec. 9, chap, iii.) 7.— How is Land not oconpied by the Owner, to be assessed? The same Act says : " As to land not occupied by the owner, but of which the owner is known, and who, at the time of the assessment being made, resides, or has a legal domicile or place of business in the municipality, or who haa given the notice mentioned in the [preceding] section six, the same shall be assessed against such owner alone, if the land is unoccupied, or against the owner and occupant, if such occupant be any other person than the owner." (Ibui, sec. 15.) 8.— How is Land Assessed when the Owner is unknown? Further, the Act says: If the owner of the land be not resident, then, if the land is occupied, it shall be assessed in the name of and against the occupant and owner, but if the land be not occupied, and the owner has not requested to be assessed therefor, then it shall be assessed as land of a non-resident. (Jbid, sec. 16.) 0— How to coUeot Bates from Non-Besidents- (1.) Aaseaa Non-Residenta. — Non-residents owning taxable property in the section should be assessed as other ratepayers. The collector shall, one month after delivery to him of the roll and warrant, and fourteen days after he has transmitted by post a statement and de- mand, levy for the amount due (with coste, same as payable to a division court bailifl'), and make "distress of the goods and chattels of the person who ought to pay the same, or of any goods or chattels in his possession, wherever the same may be found within * * * the local municipality, or of any goods or chattels ybw»ui on tlie prem- iaea, the property of, or in the possession of, any other occupant of the premiaea; and no claim of property, lien, or privilege shall be available to prevent the sale, or the payment of the taxes and costs out of the proceeds thereof." He shall then advertise and sell, as in the case of other defaulters. (Ibid^ sees. 93-95 ; see sec. 10 of chap, iii) Chap. IV.] LAW RELATING TO NOK-RE8IDENT8. 39 and de- a btels ,tels * able the le o( (2.) Chattels. — In case, after diligent enquiries, no goods or chattels can be found on the land in the section, or on any land of the ovmer in the township, and the resident lives near or is known, and still refuses payment of the rate (or in case a person assessed moves out of tlie section and refuses payment), the trustees must sue such per- son in the division court. (School Act, sec. 102, d. 15.) (3.) Return to Clerk. — In case the non-resident school rate cannot be collected by the trustees, and it is not known where the delinquent n(m-re8ident lives, the trustees are required, before the end of the y&ar, to make a return to the clerk of the monicipality of the lands of such non-residents, with a statement of the uncollected taxes due on them. The municipal council is then required (after the beginning of the next year) to pay these taxes to the trustees out of the general funds of the municipality. In case of refusal to do so, the council can be sued by the trustees for the amount. (School Act, sec. 102, cL 16; sea 108, cl. 4.) Note. — The true and effectual remedy for the inconvenience arising out of the "non-resident" relation which a school section system entails (with its law of restricted boundaries and school fees), is the adoption of a Township Board system, as provided by law. 10— Legal Deolsions in regard to Non-Besidents' Taxes. (l.) Mode of collecting School Rates from Residents and Non- Residents. — The Court of Queen's Bench has decided that trustees are bound to collect by warrant from the residents of the school section ; and to sue for and recover by their name of office from persons residing without the limits of the section and making default of payment. — Chief Superintendent of Education, appellant, in re Trustees, a Moore v. Wm. McRae, 12 Q. B. R. 525. (See note to next clause.) (2.) Trustees' Warrant to collect School Rates only legal within their own Section. They must sue non-residents. — The Court of Queen's Bench has also decided that school trustees can only issue a warrant to collect school rates within the limits of the section for which they are appointed. — Gillies \. Wood, No. 6, Filkington. 13 Q. B. R. 357. Note. — This decision was virtually confirmed in 1870 by the Court of Common Pleas in the case of Chief Superintendtnt in re Chaiman y. Thrasher tt at, (20 C. T?. R. as9.) with the addition of one of defining that a collector s municipality was a school section beyond which hit jurisdiction did not extend. The School Act of 1871, however, declares that a school collector " shall have the same power and proceed in the same manner in his school section and township, as a township collector, in collecting rates in a township or county." (3. ) Return of uncollected non-resident rates of past years may be made by Trustees. Such rates are payable immediately out of the general fut^ds of the town- ship. — The Court of Common Pleas has decided that, by the School Law, it is made the duty of the local municipality to make up and supply any deficiency arising to the school fund which arises from the inability of the collector of school rates to collect the same by reason of there being no resident on such land, or no goods and chattels thereon which can be distrained ; and that the Legislature intended that such deficiency should be made up out of the general funds of the municipality, immediately after the return made to the clerk of the municipality of what school rates are so m arrear. It was also held that trustees may, before the end of each current year, return all school rates upon lands not collected for the reasons stated in the Act, and of which no prior return has been made to the clerk of the municipality. — School Trustees No. i, Arthur v. Township Council of Arthur and Luther. 9 C. P. R. 532. 7 10 SCHOOL BEOnOIf AUDITORS. [Chap. V. (4.) Mandamus not granted wktn othtr remtdia can it had. — The Court of Common Pleas haa decided that, as a general rule, a mandamus will not be granted unlets the partjr making the application has no other specific legal remedy [<>., by suit (as in the cose under review) of the trustees to recover imposed school rates on lands of non-residents.] Upon an application by school trustees for a mandamus to obtain money from a nrinicipal corporation, the affidavits being contradictory, and this court having decided in the case of School Trustees 0} Arthurs, the Municipality of Arthur, C. P. R. 532 [quoted above], that an action for a balance due on a case such as this would lie, the mandamus was ttSxMA.— School Trustees No. 7, Elitvir v. The Municipality of Eluvir. 12 C. .P. R.S48. ' Note.— In case of rvftiial on ike part of th« townihip council to pay the amount of theie uncol- lected ratea, duly returned to its clerk before the end of the year in which the rate was levied, the truiteei can at once enter an action against the township council for such antount ' (5.) Executors, equally with the Testatora, liable for School Rate on Non-Residenfs Land. — The Court of Common Pleas haa deciaed that a resolution of the free- holders and householders of a school section to pay the teacher's salary and the expenses of the school, followed by a resolution of the trustees, directing a rate to be delivered on the rateable property of such section, to raise the sum required, and the preparation of a rate bill and warrant, are sufficient to render a non-resident, having real estate within the section, liable for the sum rated by the trustees, according t ' he assessed value of his real property : and that, being so liable, an executor representing the estate is liable in an action of the same nature to which the testator might have been subjected. — Trustees No. a, Dunwich v. McBeath, 4 C. P. R. 228. (See clauses (12) and (13) of section 11, chapter iii.) CHAPTER V. SCHOOL SECTION AUDITORS— ACCOtTNTABILITV OF TRUSTEES AND OTHERS. 1.— When and by whom School Auditors are appointed. The law requires the trustees of each section to appoint *• a fit and proper person " to be auditor of their school accounts before the first cf December in each year. In case of their neglect to do so, or in case the one appointed refuses to act, the inspector shall appoint one for them. The ratepayers are also required, at ea''h annual meeting, to appoint another auditor, so that either auditor, or the two together, tnay audit the trustees' accounts. (Sec. 61, ol. 4 ; and sec. 102, cl. 3.) 2— Auditors' Time of Meeting, and object of it. The auditors chosen, or either of them, shall, " on or after the first day of December, in each year, forthwith appoint a time before the day of the next annual meeting for examining the accounts of the school section." They should, of course, apprize the trustees of the fact. (Sec. 116.) 3.— The object of the School Audit, and duty of the Auditors Is " to examine into and decide upon the accuracy of the accounts of Buch sectiou, and whether the trustees have truly accounted for, Chap, v.] AccouirrABiUTT ojr tbubtem, etc. 41 irat in 3') |rst the >r8 its lor. and expended for sohool purpoMS, the moneys reoeired by them." (School Act, seo. 118, ol. 1.) 4— Duratipn of the Time of the Andit in case of delay in oonj^I' ting the niulit, even beyond the ye«r of appointment, the law doclaren that "the auditors shall remain in office until their audit is completed." (Ibid, see. 118, ol. 4.) 6.— When, and to whom, are the Auditors to Report The auditors are required " to submit " the school accounts of the section, " with a full report thereon, to the next annual school meet- ing." They, or either of thom, are further i-equired to report at the same time " the result of their or Ids examination of the accounts of thu year," and, with the trustees, to sign with the trubtees the annual school report for presentation to the meeting. (See School Act, sec. 118, ol. 2; and sec. 119, cl. 4; also sec. 3 of this chapter.) 6.— What the Sohool Auditors have authority to do. The School auditors can " require the attendance of all, or any of tht partinu interested in tha accounts, and of their witnesses, with all such books, papers and writings as such auditor or auditors may direct them, or either of them, to produce." The auditors may « administer oaths to such parties and witnesses." They liave also ful] power to enforce by warrant the collection ot any moneys by them awarded to b« paid. (School Act, sec. 119.) 7.— Obligation on Trustees and others to fUmish Information. Tho law declares that " if the trustees, or their secretary-treasurer, in their behalf, refuse to furnish the auditors of any accounts of a rural school section, or either of them, with any papei-s or information in their power, and which may be requii-ed of thorn, relative to their school accounts, the party refusing shall be guilty of a misdemeanor, and upon prosecution [before a magistrate] by either of the auditors or, any ratepayer, shall be punished by fine or imprisonment." {I(nd. sec. 2au.) 8 —Obligations on Trustees and other parties to Aooount The School Act also declares, that if any secretary-treasurer, school trustee, or othor person who may have in his possession any books, papers, chattels or moneys, or into whose hands any school moneys or school property shall come, who wrongfiiUy withholds or neglects or refuses to account for or deliver up the same, when called upon by a majority of the trustees, a school auditor or auditors, or other compe- tent authority to do so, the County Judge shall order the party com- plained of to deliver up, account for and pay over, the books, papers, chattels or moneys applied for, by a certain day, with reasonable rr I : 42 ACCOUNTABILITY OF TRITSTEES, ETC. [Chap. V. costs, on pain of imprisonment by the sheriff, without bail. (Ibid, sees. 231-235.) 8. — Besponsibility of Truatees and others for Lost Moneys, If it can be proved at the audit, or at any other time, that " any part of the public school money be embezzled or lost, through tbe dishonesty or faithlessness of any trustee, secretary-treasurer, or otu.r pei-son to whom it has been entrusted, and proper security against the loss not having been taken, the person or persons whose duty it was to have exacted the security shall be personally responsible for the su^ so embezzled or lost ; and such sum may be recovered from him or them by the party entitled \jo receive the same, by action ut law in any court having jurisdictioi 'w the amount, or by information at the suit of the Crown." {Ibid, sec. 2b0; see Ferris v. Irwin, No. 16 Darlinc^n, 10 C.P.B., 116, in regard to Embezzlement by iWstees.) 10.— **IiawAilneBB" or Expediency of Trustees' Expenditure. The auditors may object to the lawfulness, but not to the expe- diency of any expenditure. The trustees are the sole judges as to the expediency of such expenditure. It is only when both of tha auditors object to the lawfulness of an expenditure, or when the auditors differ between themselves as to the lawfulness of the expen- diture, (that is, whether the expenditure is authorized by the School Law, or comes fairly within the objects of the trust,) that it is neces- sary to submit the matter for the decision of the school meeting, and finally to the chief superintendent or inspector. (See sea 118 of School Act, and next section of this chapter.) 11— What are LawAil School Section Expenditures P The " expenditure " of a school may be " for any lawful purpose whatsoevei'," and may not only include the ordinary expenses of the school, but also collector's fees, law costs incurred in maintaining or defending necessary suits, postages, stationery, or any incidentals con- nected with the office of trustees. Note. — While trustees carry out the lawful decision of their constituents, neither the av ' ors nor any public meeting can limit or deprive them of the authority ccnfen- ^ upon them by the Act, *' as to whatever they may judge expedient with regard to the building, repairing, renting, warming, furnishing, and keeping in order the section school house, and its furniture and appendages, and the school lands and enf-losures held by them ; and procuring apparatus, library, prize and text books for their schools, &c.," as mentioned in section 15 of chapter ii. (See also sections 6 and 7 of chapter iii.) 12.— Summary in regard to Audit of School Section Accounts. The law requires trustees, theii* secretary-treasurer and all other parties concerned, to " furnish the school section auditors with all vouchers for the payment of school money during the year, together with such contracts, agreements, papers, books, &c., and verbal infoF. mation, under oath, if necessary, on the subject of the receipts and Ohap. y.] ACconivrABiLiTT of tbusteka, etc. 43 eaqK ^iture, as may serve to explain the items in tho accounts. In case of difference of opinion between the auditors on any matters in the accounts, it shall be referred to and decided by the county inspector." (School Act, sees. 114 and 118.) 13.— Summary of Duties of Bural School Trustees.* The duties which trustees are required to perform, as well as their discretionary powers, may be summarized as follows : — (1.) To call the annual school meeting, and also a special one in case of any difference in regard to the school site, death or removal of trustees, &o. ' (2.) To call school meetings when desired by the ratepayers to decide the question of school site. (3.) To call a special school meeting for any lawful school purpose. (4.) To prosecute all illegal voters at school meetings. (5.) To make a verbal declaration of office within two weeks after notice or knowledge of election as trustee. (6.) To see that theii* school is furnished with a trustees* book, a visitors' book, teachers' daily and general registers, and a JowmaL of Education. The three former must be purchased at the expense of the school. (7.) To appoint a person to make an annual return of aU the children in their school section or division who do not attend any school. (8.) To charge absentee pupils not more than one dollar per month for such absence, or report the case to a magistrate. (9.) To provide suitable school accommodation for all the pupils in their section, as defined in the regulations. (10.) To employ and pay school moneys to none but legally qualified teachers, assistants or monitors. (11.) To fix a rate bill, not exceeding fifty cents each, per calendar month, (payable in advance,) upon the childi-en of non-residents who are sent to their school. (12.) To pennit all pupils between tho age of five and twenty-one years, on whose behalf school rates ai'e paid, and who observe the nil ^ to attend their school. (13.) To visit the school and see that it is properly conducted ; that no unauthorized books aro used : that all the pupils are properly supplied with proper text books. •The provision of the law prescribing the duty of tnistees in regard to comptibory ed ucat io n, will be found in chapter viiL ^ 44 ACCOUNTABILITY OP TRUSTBI8, ETC. [Chap. V. (14.) To exercise all the corporate powers vested in them, for the fuliSlment of all agreements, contraci>s, &c.; and to Tna.iT>t4^.in a school in their section during the year. (15.) To transmit their half-yearly returns and their yearly reports to the inspector, and also to submit their yea/rly report to the annual meeting of their constituents. (16.) To affix their corporate seal to all contracts, agreements, deeds, &lg., under their hand. (17.) To appoint and take proper security from the secretary- treasurer and school collector. * (18.) To make a return to the municipal clerk of all rates imposed by thorn. (19.) To make no contract with any member of the school corpora- tion, except for school site, or as collector. (20.) To transact no school business except at a trustee meeting, of which each member of the corporation has had due notice. (21.) To appoint a school auditor before the 1st of December in each year, and lay before the auditors all necessary information. (22.) To comply with the award of the arbitrators aiising between themselves and other parties, under the school law. (23.) To provide, at the expense of the section, for the cleaning of the school house and the lighting of fires, ka. (24.) To provide a well, play yard and separate conveniences for boys and girls. (25.) To provide an assistant for their school, in case the number of enrolled pupils exceeds fifty. (26.) To see that the prescribed programme is fully carried out. (27.) To establish a free public school library as required by law, to see that it is available to the inhabitants, and that it is properly managed. (28.) To follow the township assessor's roll in making out the list of, and collecting, the school rate, (29.) To take p >sse8sion and have sole custody of all public school propei'ty, movabk property, moneys, '..^'^ present, and a poll shall be granted if two electors d'^ r. Every vote tendered shall be received by the chairman imless objection be made to it. In that case the chairman shall reqi've *:he pen?oa whose vote is questioned, to make the decla- ration required ■ la-s given in section 4 of this chapter). After making it, the vote m.is*; te i aoeived and recorded without further question. (School Act, sees. 46, 47 and 62.) Note. — It is not competent for the chairman to reject any vote tendered. It objection be made to any vote, he should require the party to whom there is objection, to make the declaration given in section 4 of this chapter. The In- spector alone has the right, on complaint made to him, to set aside any vote given. (3.) Protest. — No protest against an election, or other proceedings of the school meeting, shall be received by the chairman. All pro- teats must be sent to the inspector, at least twenty days after the meeting. {Ibid, sec. 194, cl. 9.) (4.) Adjournment. — A motion to adjourn an annual school meeting imtil the business is finished, is unlawful ; but a motion to adjourn a special school meeting shall always be in order ; provided that no second motion to the same effect shall be made until after some intermediate proceedings shall have been had ; or provided that such special meeting has not been called for the selection of a school site. (See section 3 of chapter vii.) (5.) Reconsidering Motion. — A motion to reconsider a vote may bo maide by any elector at the same meeting ; but no vote erf reconsidera- tion shall be taken more than once on the same question at the same meeting, unless by tmanimous consent. (6.) Close of the Meeting. — ^The school meeting must not dose before eleven o'clock in the forenoon, nor shall it continue open after four o'clock in the afternoon — beyond which latter hour no business can be lawfully transacted bythe meeting. (School Act, sees. 39 amUi . ) (7.) Transmitting Minutes to Inspector. — At the close of the meet- ing, iiie c ha i rma n diould sign the minutes as entered by the secretary aiap. VI. ren. unless due ;hand. ng. eting (see >r, and of 9 minutes, L after the t, below.) sired by a »d if two ed by the ) chairman ) the decla- jr). After )ut further tendered. It hom there is jr. The In- y vote given. iroceedinga All pro- after the )1 meeting adjourn a led that no I after some that such I school site. fote may bo Bconsidera- »t the same not dose open after 10 business J9and4i;) If the meet- ie secretary Chap. VI.] PUBLIC SCHOOL MEETINGS. 49 in the minute book. Within fourteen days after the meeting, the chairman must send to the inspector a copy of the minutes (as si^cd by himself and the secretaiy), under a penalty of five dollars. (Ibid, sec. 60.) (8.) Declmratum of Office. — The trustee, or trustees elect, should at once make the declaration of office before the chairman of the meeting, or within fourteen days after the close of the meeting. In cage the chairman is elected trustee, he should in like manner make the declaration of office before the secretary. {Ibid. sec. 19.) Note. — In no case is an oath of office, or signed declaration by the trustee elect required. The act must be verbally performed. Even if it be not performed, the trustee is nevertheless a legal trustee until fined by a magistrate for neglect to make the declaration. On bein? fined, the office is vacated, and a new election should be at once held. Even should a trustee's election be appealed against to the inspector, the trustee himself must hold office and act until his election is legally set aside. The principle is, that an individual coming into office under colour of a legal election or appointment, is an officer de facto (in feet), and his acts, in rela- tion to the public, are valid until he is lawfully removed, although it be conceded upon investigation^^ that his election or appointment was illegal in the first place. When his election is confirmed by the inspector, he becomes a trustee dejure (ot right), and no fiurther objection can be made to him, except in the rare case of an appeal a^^ainst the Inspector's decision to the Minister of Education, and the re< versal of that decision by him. ' ' 10.— Optional Bules- Note. — ^The following are rules of order suggested, which may or may not be observed, at the pleasure of the meeting, viz. : — (i.) Addressing Chairman. — Every elector, previous to speaking, should, unless old or infirm, rise and address himself to the chairman. (2.) Order of Speaking. — When two or more electors rise at once, the chairman shall name the elector who shall speak first, when the other elector, or electors, shall next have the right to address the meeting in the order named by the chair- man. (3.) Motion to be rm(/.— Each elector may require the question or motion under discussion to be read for hu> information at any time, but not so as to interrupt an elector who may be speaking. ^ (4.) Speaking twice. — No elector shall speak more than twice on the same question or amendment without leave of the meeting, except in explanation of something which may have been misunderstood, or until every elector choosing to speak, shall have spoken. (5.) Motions to be seconded. — A motion cannot be put from the chair, or debated, unless the same be in writing (if required by the chairman), and seconded. (6.) WUhdrawl of Motion. — After a motion has be^i announced, or read by the chairman, it shall be deemed to be in the possession of the meeting ; but it may be withdrawn at any time before decision, with the consent of the meeting. (7.) Kinds of Motions to be received. — When a motion is under debate, no other motion shall be received unless to amend it, or to postpone it, or for adjournment, if a special meeting, as provided in clause (4), section 9, of this chapter. (8.) Order of putting Motion. — All questions shall be put in the order in which they are moved. Amendments shall always be put before the main motion : the last amendment first, and so on. 60 PUBLIC SCHOOL HEBTINQS. [Chap. VI. 11.— First Basiness of the Annual School Meeting. After appointing a chairman and secretary, the first bufdness of the annual meeting (before electing a new trustee), is the reading of, and deciding upon, the school trustee and auditors' report for the past year. (School Act, sec. 51; for other items of business to be brought forward, see sec. 8 of this chapter.) 12.— What the Trustees* and Auditors* Report shall contain. The law declares that the report of the trustees laid before the annual school meeting "shall (1) include a summary of their pro- ceedings ; and of the (2) state of the school during the year ; together with (3) a full and detailed account of the receipt and expenditure of all school moneys received and expended on behalf of the sec- tion for any purpose whatever during the year ; which report shall be signed by the trustees, and by either or both of the school auditors of the section. (Sec. 102, cl. 26.) " In case of a difference of opinion between the auditors on any matter in the account, it shall be referred to and decided by the county inspector." {Ibid. seo. 118, d. 6.) IS.— Who may or may not be a Trustee. Any fit and proper person who is a resident assessed ratepayer of the school section may be trustee thereof; but no inspector, teacher, non-resident, or supporter of a separate school can lawfully hold that office. The ehairman of the meeting (if a ratepayer, and otherwise eligible) may be elected. In that case he should make a verbal declaration of office before the secretary of the meeting. {Ibid, sees. 37 and 226. Note. — Should a person elected as trustee refuse to serve, he subjects himself to a penalty of five dollars ; but a retiring trustee need not serve for four years after his term of service expires. (See chap, i., sec. I and 2.) 14.— Three Modes of Trustee Election prescribed. In electing a trustee, one of the three modes authorized by custom may be adopted, viz. : (1) by acclamation ; (2) by a show of hands ; and (3) by polling the votes. The law requires the chairman to adopt the latter mode at the request of any two electorn present, even although he may, on a show of hands, have declared the person elected. {Ibid, sees. 46 and 47.) 15.— School Election Complaints to be made to Inspector. Any person having a legal objection, either to the proceedings of the annual meeting, or to the election of the trustee, has a right of appeal against either, within twenty-days, to the inspector alone, liie inspector is required by law to receive and to investigate the complaint, and either confirm the proceedings and election, or set them aside, in whole or in party within a reasonable time, llbid, sec. 194, d. 9.) 3hap. VI. Chap. VI.] PUBLIC SCHOOL MEETIKOS. 51 ing. udness of eading of, r the past le brought contain. before the their pro- ; together :penditure f the sec- port shall >1 auditors of opinion )e referred d. 6.) ktepayer of ir, teacher, ' hold that otherwise p a verbal /Wrf, sees. ects himself ir four years bed. )y custom of hands ; Eiirman to sent, even le person speotor. eedings of a right of )r alone. [gate the ion, or set sec. Ulbid, Note. — Should the inspector require to examine witnesses in any election case or in regard to any other school matter, he can require them to make an affidavit or solenrn affirmation before he receives their testimony. (School Act, Sec. 192.) 16.— Appeal against Decision to the Minister of Education. Should any ratepayer object to the inspector's decision, no further proceedings should take place in the matter until an appeal is made to the head of the Education Department, and decided. NoTK — Should the proceedings and election be set aside, and no appeal be made to the chief superintendent within a reasonable time, the inspector, or trus- tees, if directed, should call another meeting for a new election. If no complaint be made to the inspector in writing within twenty days after the meeting, the proceedings (however irregular they may have been) must be held to be valid and Dinding upon all parties concerned. It should be borne in mind that the complaint (if made at allj must be referred, in the first place, to the inspector having juri^ diction, and not to the Minister of Education. The law prcJVldes for an appeal from th ; decision of the inspector in such cases to the Minister of Education. In so case should the complaint in the first instance be made to the Edncatfon De- partment ; and, in all cases, parties appealing against an inspector's decision must send him a copy of their appeal, so that he may have an opportunity.of sending an explanation to that Department. 17.— Mode of Calling Special School Meetings. The notice calling a special school meeting should specify the place? time and objects of the meeting. It may be given by the secretary or trustees, or by the inspector. Three notices of the meeting should be put up in conspicuous places in the section, at least sbc days before the meeting. (School Act, sec.lU2,cl. 25; see sec. 2 of this chapter.) Note. — Special school meetings may be held at any convenient place in the day time, or in the evening at 7 or 8 o'clock, provided due notice be given. 18.— What an Ordinary Special School Meeting can do. A special meeting if called to transact ordinary business, can — (1.) Discuss, and decide at its pleasure, the business named in the notices calling it; or, it may (unless restricted as below) (2.) Adjourn the further consideration of such business until another meeting. (3.) Rescind (unless restricted as below) the resolutions of a former meeting, and pass others in their place. 19.— What a School Section Meeting cannot do. A school meeting cannot lawfully — (1. EUctums.) — Bescind any resolution or vote of a former meeting for the election of a school trustee. (2. Contract.) — Bescind any resolution of a former meeting, if in the meantime a contract, agreement, or other obligation has been entered into under its authority, unless at the same time it fully pro* vides for the payment of compensation or damages caused by the rescinding of such resolution or vote. 52 SELECTION OF RURAL SCHOOL SITES. [Chap. "VII. (3.) Adjowm the annual school meeting, or any meeting called for the appointment by it and by the trustees, of arbitrators, to decide upon a school site. (See sec. 4, next chapter.) (4, Awa/rd.) — Set aside or ignore the award of arbitrators appoint- ed to select a school site. Note. — By consent of the parties to the reference, an award may be reconsidered. See section 8 of the next chapter, relating to Arbitration and Awards. (5. Rate BUI.) — Impose rate bill for fees, fuel, or other purposes npon residents. (See, however, chap, iv., on " Non-residents.") (6. Trusteed Rights.) — Interfere with the trustees in their right to employ a teacher,- erect a school house, or decide upon the expenses of the school, or the improvement of tho school premises. (See note to sec. 8 of this chapter.) CHAPTER VII. SELECTION OF RURAL SCHOOL SITES. 1.— When a School Site requires to be chosen. There are three cases in which the question of school site comes VLp for consideration in a school section : (1) on the establishment of a new section ; (2) on the change of site in an old section ; and (3) on the enlargement of an existing site. 2.— Union of Trustees and Ratepayers in choice of a Site. Of the three cases relating to the choice of school sites which we have mentioned, the first and second only require the joint action of the trustees and ratepayers ; the third is within the province of the trustees alone to determine. (See sec. 10 of this chapter.) 8.— Meetings in regard to School Sites cannot Adjourn without action. The necessity for joint action is clearly obvious, even without an expression of opinion when a new school section first goes into opera- tion. It is, however, frequently difficult to determine whether the state of feeling in regard to a change of site in an old section is sufficiently decided to warrant the trustees in calling a meeting to discuss the question. However, if they know that such a feeling exists, the law requires them, witliin a reasonable time, to call a " special meeting " to " consider " the question. If, at this meeting, " a difference of opinion as to the site of the school " is found to exist " between the majority of the trustees and a majority of the rate- payers," the law requires that each party a/udl at once choose an hap. VII. ing called , to decide "8 appoini- econsidered. • purposes ata.") )ir right to ixpenses of 3ee note to Chap. Vn.] BELEOTIOn Of RUBAL flOBOOL SITKS. 98 s. ten. site comes )li8hment of )n ; aud (3) |of a Site. (3 which we it action of Lce of the ) Ldjourn [without an into opera- ^rhethe^ the section is meetliig to \h a feeling to call a [lis meeting, ind to exist |of the rate- choose an arbitrator. It is, therefore, not competent for this special meeting to adjourn, until either the majoritj of the trustees and the rate- payers agree as to a site, or (in case of a di£ferenoe of opinion on the subject) they respectively appoint an arbitrator to select one for them. (See next section, and sec. 8 of this chapter.) 4.— Failure to oall a Meeting, or to appoint an Arbitrator. In case the trustees refuse to call a "special meeting," as required by law, for "procuring" or "changing" a site, the inspector is authorized to do so; or, if "at such special meeting" a difference of opinion should arise in regard to a site, between the trustees aud ratepayers, and the chairman, or a majority of the ratepayers by vote should unlawfully "adjourn the meeting," (and thus neglect or refuse to appoint an arbitrator,) the law declares that then "it shall be competent for the county mspector, with the arbitrator appointed, to meet and determine the matter; and the inspector, in case of such refusal and neglect, shall have a second or casting vote, provided" that he and the one arbitrator appointed " should not agree." (School Act, sees. 121 and 124.) 6.— Remedy in case an Arbitrator should refuse to Aot. "Should only a majority of the airbitrators appointed" to select a site, "be present at any lawful meeting, in consequence of the neglect or the refusal of their colleague to meet them, it shall be competent for the arbitrators present to make and publish an award upon the matter submitted to them, or to adjourn the meeting for any period not exceeding ten days, and give the absent arbitrator notice of socth adjournment." {Ibid, sec. 126.) 6.— Power of the Arbitrators.— Kind of Site to be ohoaaii The law says, that "in case of a difference as to the choice of ft site," the arbitrators appointed "or a majority of them present at any lawful meeting shall have authority to make and publish an award upon the matter or matters submitted to them." XJnless, therefore, the choice of one out of two or more sites in dispute is the matter submitted to them, their choice of any site in the section is left free, and they should choose one best adapted to the wants of the section. It should be an acre in size (but cannot be less than half an acre), in a pleasant situation, and (without the consent of the otoner of the site chosen) should not be within a hundred yards of his house, orchard, pleasure-ground or dwelling-house, although it may be close up to the orchard and dwelling-house of any other party. (Ibid. sees. 121 and 123.) Note. — Arbitrators are "entitled to the same remuneration /«r ^ffifw for the time employed" as are coun^ councillors; "and the parties concerned shall pay all the expenses of the arbitration," according to the award of tlic azbitrators. {/did, sec. 127.) 64 siLKonoir or rukal school sites. [Chap. Til 7.— Making and Publishing a written or parol Award. When the arbitrators have agreed upon their award, they should reduce it to writing, sign and seal it. This is "making" the award. When thus made, it should be sent to the trustees, for their inform»> tion and that of the ratepayers. This is "publishing" it. It is competent, however, for the arbitrators to declare or publish the award orally, in presence of the parties concerned, vi'?., a public meeting of the trustees and ratepayers. Should the award thus published be afterwards, by consent, reduced to writing (as above), it should be identical in its terms with the oral declucdtion made, that is, it should be merely a written record of it. Any material variation in the written record of the oral award would destroy its validity and finality. (See Davis v. McGivem. 11 Q. B. R. 112.) Note. — An award may, with the consent, or at the request, of the parties to tht reference, be reconsidered. (See sec. 9 of this chapter.) 8.— Summary of General Bales in Begard to Arbitrations. Note. — The following are some of the general regulations which govern arbt trations. They are inserted for the guidance and information of the arbitrators. (I.) Constitution 0/ the Arbitration Court. — Any one who can contract, can submit matters in dispute to arbitration. Either a friend or enemy, or a person having an interest in the cause, may be chosen.* Pei-sons unimpeachable on the score of interest or capacity should, if possible, be chosen, and no arbitrator should act as the partisan of the persons appointing him. He should divest himself of all prejudice. If an arbitrator acts corruptly, or with manifest partiality, or colludes with one of the parties, the award is bad. All the arbitrators should ba chosen before proceeding to the arbitration, except where otherwise provided (as in the case of a school site.) Notification in writing to the person chosen, and acceptance by him of the office, are necessary, to complete the appointment. Where there are an odd number of arbitrators, a majority decides all matters sub- mitted to them , but where the number appointed is two, four, &c., who are equally divided in their opinions, any person who may be selected as umpire has the sole right todetemdne the points of difference, and make the award. The inspector is, ex officio and virtually, umpire in cases where he and another arbitrator only are present, as he has, in the absence of one of his co-arbitrators, a second or casting vote. In arbitrations under the School Law the directions of the statute should be strictly complied with. Reasonable notice of a meeting must be given to each arbitrator. If one or more be absent, the meeting should be adjourned for about ten days, and notice of another meeting again sent to each arbitrator. At the sub- Suent meeting, duly notified, two arbitrators can act without their colleague, i make and publish an awanl. (2.) Duties of Arbitrators. — It is the duty of arbitrators to hear evidence on both sides ; one witness uoay be excluded while the other is being examined. They are the judges of the admissibility of evidence, so far «s the competency of the witness is concerned, as well as of the law and facts of the case. If parties to the aibitration and their witnesses, who are duly notified, or who know of the acbitxation, do not attend, the arbitrators can proceed ex parte, and decide acocmditlg to the best evidence before them. Where evidence is received, however, it ahoida always be taken in the presence of the parties to the reference, or some lie principle laid down in the Municipal Act should, if possible, be acted upon, vis, : " No ir, officer or person in the emplo. iieat of any corporation which is concerned or interested umtnUion « * • shall b« apfwinted to act as an arbitrator in aay caso of •The MKnbei . in the anxtnuion Of arbitration undar this Acb" (Sec. 37a) IP I I t I li iiiKiwMiiiiWiiMWpiiiiii Chap. VII.] SELECTION OF RURAL SCHOOL SITES. 06 ence on They 7 of the i to the of the decide one attending on their behalf. Before closing, the arbitrators should receive all the evidence tendered on l)oth sides, and should takes not^s of it An arbitrator cannot delegate his power ; but, if he obtains the opinion of professional men, he may adopt it as his own. He may, however, delegate purely ministerial acts, such as to go from one place to another, to obtain certain definite information, or estimate the value of some specific work performed. ; but he cannot direct any person to commit a trespass. {3. ) Time of making an award. — If no time be fixed, an award should be made and published within three months from the time of the submission. The time for making an award may, however, be enlarged by the parties to the submission. If time lapses, the power of the arbitrators is gone until it is enlarged. (4.) Making and piihlishmg an award. — If the award be in writing, (as, under the Municipal Law, (Sec. 290) it must be,) it should be signed in the presence of an attesting witness. Where there are two or more arbitrators, all (or the majority, if all be not present) must execute the award at the same time and place, and in the presence of each other, and an opportunity should be given to the minority (if disposed) to join or not in the award. An award, however, may be made and published orally. An award is made when the arbitrators have signed it. When so signed by the arbitrators and witnessed, their power is gone, and no single arbitrator can remedy a mistake or correct a blunder. It must be done by the signers, and with the consent of tho parties to the reference. An award is published when it is sent to either or both of the paities concerned, or notice is rent to them that it is ready to be delivered. It shon 1 be delivered on the day fixed, and then the fees and other exben=es on it are paj able. Any kind of words may be used in an award ; but they should be definite, conclusive and final on all the points submitted. Arbitrators are not recjuired to give reasons for their award, nor are they answerable for want of skill in performing their duties; but an arbitrator may be called as a witness to ^rayt facts which occurred or came under his notice during the reference. (5.) yudgmcitt and Experience. — In Martin v. Kergan (2 Prac. R. 370), it was held that the parties to an arbitration "have a right to the arguments, experience and judgment of each arbitrator, at every stage of the proceedings." (6. ) Costs of Arbitration. — Where the costs of the arbitration are at the discretion of the arbitrators, and the award says nothing about them, each party pays his own costs of lefeience, and the costs of the award are to be borne equally. (Glen v. Grand Trunk Kailwav, 2 Prac. R. 377.) Under the School Law the costs may be fixed at the discretion of the arbitrators. The award need not be given up until the amount of costs thus avoided be paid. ( 7. ) iV/ien an award is bad. — ( i ) When it is uncertain and not final. (2) When it contains a mistake on the face of it. (3) When the proceedings are irregular, as want of notice of meetings, improper conduct of arbitrators in receiving evidence. (4) Corruption or collusion on the part of the arbitrators. (5) Fraud or concealment of material evidence. (6) When the award cannot be acted upon. (8.) Arbitration, before award made, may be superseded by mutual concurrence. — Chief Justice Robinson thus laid down the law on this subject : — As a general rule, we take it that where two parties have a difTerence upon any mr.tter of business, and refer it to arbitration, they may after^vards agree upon the matter on which they had differed, and so may render it unnecessary that any award should be made. By the common law either party might, befon; the award made, revoke tlie submission. — There have been restrictions lately placed by statute upon this right of one party to revoke without the concurrence of the other, but it would be most unreasonable and inconvenient to hold that both die parties may not come to a settlement of their dispute, and %o dknense with the necessity for the arbitrator's ^TOcetAing.— Chief Justice Koliinson, in re Vance w. Kingetal, No, I, Hattovutt, 21 Q. B. R. 187. 56 SELECTION OF RUpAL SCHOOL SITES. [Chap. YIL r 1 1 (9.) An award in nsaid to the sdection of a school site may be reconsidered. (See the next section of this chapter.) 8.— Power of Sohool Meetings in regard to ''Awards.'* Even after an arbitrator or arbitrators have been appointed to select a site, it is competent for a majority of the trustees and of a public school meeting called for that purpose to agree upon the choice of a site before an award is made. Such an agreement revokes the submission of the matter to arbitrators, who should at once be notified of the fact, so that no award may be " made." The School law pro- vides an easy way of meeting the difficulty, should an award be made which is not satisfactory. It provides that " with the consent, or at ' the request of the parties to the reference, the arbitrators, or a majo rity of them, shall have authority, within three months from tiie date of their award, to reconsider such award, and mat,3 and publish a second award, which award (or the previous one, if not reconsidered by the arbitrators) shall be binding upon all parties concerned, for at least one year from the date thereof." (School >i.ct, sec. 122.) 10.— Power of the Trustees in Enliirging a School Site- Where no desire is felt by the trustees or ratepayers to change the rite of a section, the trustees have full power to enlarge it at their discretion to an acre or more in extent, and to erect a new school house on it, or to repair or enlarge the old one, without consulting their constituents. (See sees. 2 and 13 of this chapter.) 11.— Sale or Exchange of the old Sohool Site. Trustees are required " to dispose by sale or otherwise, of any school site or school property not reqmred by them, in consequence of a change of school site, or other cause, and to convey the same under their corporate seal, and to apply the proceeds thereof for their lawful school piirposes." (School Act, sec. 102, cl. 7.) Note. — This case differs materially from one in which a change of boundaries necessitates a change of site. Under such circumstances the law declares that, " In case a school site or school house or other school property 6e no longer required* in a section^ in consequence of the alteration or the union of school seo tions, the same shall be disposed of by sale or otherwise, in such manner as a majority of the assessed freeholders and householders in the altered or united school sections may decide at a public meeting called for that purpose." " The inhabitants transff^rred from one school section to another shall be entitled, for the public school purposes of the section to which they are attached, to such a proportion of tne proceeds of the sale of such school house or other public school property, [after, of course, paying the debts of the section,] as the assessed value of •tneir property bears to that of the other inhabitants of the school section from which they have been so separated." The residue of such proceeds shall be applied to the erection of a new school house in the old school section, or to othei public school purposes of such old school section. " In the case oi united sections, the proceeds of the sale shall be applied to the like public school purposes of such nnited sections. (Ibid, sec. 86.) * A full explanation of the. phrase " no longer required" here uted, will be found in Part IL of these Lectures, chap, iii, sec. ii. Chap. YU.] BBLEcriON of sural school sites. 67 »» 12.— Owner of Land must Sell School Sites selected. If the owner of a newly selected school site, or of land adjoining an old site (which the trustees have decided to enlarge), should refuso to sell it, or should ask an unreasonable price for it, the law requires the trustees and owners each to appoint an arbitrator to appraise the damages, to the owner, of such compulsory sale. Upon the tender of payment of these damages to the owner of the land by the trustees, they can take possession of the land for school purposes, and proceed to erect a school house on it, or to enclose it. {IMd, sec. 123.) 18.— Privileges of the Owner only relate to a New Site. On the selection of a piarson's land for a new school site (with or without his knowledge), within one hundred yards of his garden, orchard, pleasure-ground, or dwelling house, the owner may either consent to the sale of the new site at a reasonable rate, or he may refuse to sell it, at his pleasure; but he cannot be compelled to sell it. In regard to the enlargement of the old school site, however, the law gives the owner of the chosen land only a restricted privilege, should the trustees offer to buy it. But they can compel a sale when the pro- posed enlargement is not "made in the direction of the orchard, gar- den, or dwelling-house," provided that it oannot be otherwise enlarged. Without the consent of the owner no part of the garden or grounds attached to the house caa be taken. In case of refusal to sell it (within these restri«tions), the law requires the trustees and owner, each, to appoint an arbitrator to appraise the damages, and upon tender by the trustees (as above) of the amount of damages awarded, the trustees can take possession and use the land for the purposes of their trust. {Ibid, sec, 123.) Note. — The provisions of the law on the compulsory sale of school sites are twofold, although they have been frequently confounded together. Clauses.! and 4 of the 123rd section refer 1st to "the selection of land" "for a nailuAeol titf," and clauses 5 and 6 to the selection of land for enlarging existing school pre mises. In these t\To cases, the trustees can demand an arbitration should the owner of the selected c' enlarged site refuse to sell, or ask too large a price for the ^and. In the first class of cases, (i.e., the selection of a new site,) the owner can lawfiilly remse to sell, or to submit to arbitration, when the site selected is within loo yardb of Ais "orchard, garden, pleasure ground or dwelling-house;" but where the trustees merely wish to enlarge their existing school premises, the owner has only a restricted nght, (as explained above,) which shall not "be held to restrict trustees in the enlargement of a school site, existing [on the 24th rf March, 1874], tp the required dimensions. " (S«c. 123.) The provision of the law does not in any case (as has been supposed) apply tc otner persons whose house, orchard, &c., may happen to be within 100 yards of the proposed site, and who are not in any way concerned in the sale of land for the enlarged site. 14— Township Councils may Purchase School Sites. The Municipal Institutions Act authorizes township councils to pass by-laws " for obtaiiiing such real property as may be required for the erootioQ of public school housoi iher^^, and for other public I'-:. '! ■.-«(' ! 58 SELECTION 07 RURAL SCHOOL SITBS. [Chap. YII. school purposes, and for the disposal thereof when no longer required; and for providing for the. establishment and support of pubUo schools according to law." (Sec. 461, cl. 6.) Note. — The latter part of this section would imply that it is not in the power of township councils to apply clergy reserve or other tovmship moneys to the establishment or support of schools, except as according to law, {i.e., the school law,) and that is on the principle of the average attendance of pupils. (See de> «ision of the Courts on this point in Part II of these Lectures, chapter ix. sec. 5.) 16.— Deoi8ions of the Courts in regard to Sohool Sites. (l.) In selecting a Site, Trustees cannot act withottt consulting their constittunts, — The Court of Queen's Bench has decided that the trustees cannot, without reference to the [assessed] freeholders and householders of the section, determine upon a site for the school house, and impose a rate to meet the expense of its purchase. — Orry. Ranney et al. No. ij, Westminster. 12 Q. B. R. 377. (2.) Arbitration before award made may be superseded by mutual concurrence.-— Chief Justice Robinson thus laid down the law on this subject: — As a general rule, we take it that where two parties have a difference upon any matter of business, and refer it to arbitration, they may afterwards agree upon the matter on which they had differed, and so may render it unnecessary that any award should be made. By the common law either party might, before the award made, revoke the submission. There have been lestrictions lately placed by statute upon this right of one party to revoke without the concurrence of the other, but it would be most unreasonable and inconvenient to hold that both the parties may not come to a settlement of their dispute, and so dispense with the necessity for the arbitrators proceeding. — Chief Justice Robinson, in re Vance v. Kingaal, No. /, Hallowell. 22 Q. B. R. 187. (3. ) First arbitration in reffird to a School Site cannot be set aside by a subsequent Special Meeting. — The Court of Common Pleas has decided the following case : When a meeting was held to change the site of a school house, and arbitrators appointed, who met and decided the question, but their decision was not acted upon; subsequently another meeting was called, and their decision and proceedings were acted upon and the site changed. Held, that the proceedings were irregular, and that the trustees had no authority to change the site of the school house without the sanction of a special meeting of the [assessed] freeholders and house* holders, and that the second meeting had no authority to alter the determinations previously made. — Williams v. Trustees, No. 8, Plymplon. 7 C. P. R. 559. (4.) Replevin — Arbitration in regard to School Stte — Blanks filled in after execu* tion— Aboard rendered invalid thereby — The Court of Common Pleas decided the following case : Replevin. * — Two defendants avowed [/.e thereon, which was done. That plaintiff was a resident freeholder when the meeting was held and when his goods were seized, and was assessed $80 for building said school, &c. The plaintiff pleaded that the meeting above set forth was null and void, because before the said meeting another had been convened according to law, when a difference of opinion existed (between a majority of the freeholders and householders as to choosing a school site, and arbitrators were appointed, who decided upon a certain site, which decision remains in force, and the defendants in contravention thereof wrongfully purchased the site .nentioned in * Replevin: the name of an action for the recovery of goods and chattels. Replevy: to re-dclivcr goods which have been distrained, to the original possessor of them, on his giving pledges in an acciun uf replevin. Chap. VII.] SELECTION OP RUBAL SCHOOL SITES. 6» their plea, and wrongfully distrained, &c. Upon demurrer. Held, that the second meeting pleaded by the defendant was a violation of the provisions of the statute, and that the plaintiff was entitled to judgment. The arbitrators to whom a refer- ence in this cause was made under the School Act, executed an award, the descrip- tion of the lot not being fully inserted, but a blank being left therefor, which was afterwards filled in and the word lot altered into gore. Iield, that the award was insufficient. Held, also, that school trustees who executed a warrant as such trustees under the seal of the trustee corporation, were not personally responsible. — Ryland v. King et al, No. i, Hallowell. [See decision of the Queen's Bench below, in efiect reversing this case.] 12 C. P. R. 198. For definition of the word " replevin" see * below. (5.) A similar case decided by the Court of Queen^s Bench. — Replevin against two school trustees and one King, a bailiff, for a horse. Defendants pleaded, i, That they did not take ; and 2, an avowry, setting out in substance that on the 30th of October, 1858, a special meeting of the freeholders and householders of the section had been duly called to procure a school site and erect a school house thereon, at which it was a^eed to procure a certain site named : that this was procured and the school house built : that the plaintiff was duly assessed for a sum specified : that the trustees by their warrant commanded King to collect it ; and that after demand and default made he seized the horse. The plaintiff pleaded to the avowry, ist, de injuriA; and, 2nd, as to the justification by the trustees, that the meeting was void, because before it took place a special meeting of the freeholders was duly held to procure a school site, at which a majority of the trustees differed from a majority of those present with regard to the site, in consequence of which the freeholders and householders, the trustees and local superintendent, each appointed an arbitrator to decide the question ; that the arbitrators determined upon a site specified, different from that mentioned in the avowry, which award remained in force ; and that the trustees, contrary to this decision, wrongfully purchased the site mentioned in the avowry. The defendants replied that there was no such award. As to this issue taken upon the first plea of the defendants, it appeared that the horse was seized by King under a warrant signed by two trustees, commencing: "We, the undersized trustees of school section," &c., and sealed with the corporate seal. Held, that the trustees were liable personally, not in their corporate capacities only. With regard to the second and third issues, raised by the plea of de injurid to the avowry, and repli- cation denying the award, the evidence showed that in 1857 the inhabitants were divided as to the choice of a school site, and an award was made but not acted upon: that in 1858 the same difference existed, and one of the trustees also differed from his co-trustees; that in March the two trustees, defendants, obtained a conveyance of half an acre, part of lot i^, and in May a meeting was held at which aibitratois were named and an award made ; but the inhabitants being still dissatisfied, another meeting was held in July, when the arbitrators mentioned in the plea to the avowry were chosen. In the meantime the building was com- menced upon the land conveyed. On the 4th of September an award was drawn up [in which a blank was left for a description of the site]. On the 30th of Octo- ber, 1858, a meeting was held, having been regularly called by the two trustees, to settle the question finally, and a resolution passed adopting [as the site] the land conveyed. In April, 1859, the two trustees, defendants, met, the third being absent from the country, and resolved upon tlie rate, which was inserted by the clerk in the roll, and the warrant was issued to King, who seized the plaintiff's horse. The plaintiff, after that, set about getting the award of September, 1858, which was afterwards filled up by two of the arbitrators, who stated that it had been left blank because they did not know the precise description of London's land. Held, that upon the second issue raised by plaintiff, defendants were entitled to succeed, for the evidence sustained the avowry. And that upon the third issue r.ased by the plaintiff they were also entitled to the verdict, for there vas in fact no award made, and even as it was altered after execution the descrip- tion was too uncertain. Ryland v. The same defendants, in the Courtof Commoa n mifmmmm I ! 60 COMPUIiSOBT ATTENDANCE. [Chap. VIII. Pleas, commented opon. [See above. ] ffield, that under the circumstances proved, the reference did not make the subsequent meeting ill^al. Jleid, also, upon demurrer, that the avowry was good, the omission of any averment essential to the validity of the late being cur^ by the second plea of the plaintiff to it, which relied wholly upon the award : that the second plea of the plaintiff was bad, for not showing that before the award the trustees ana inhabitants had not duly select- ed the site built upon, as they might do notwithstanding the reference ; and that the replication to it denying the award was a good answer. Vance v. ITittg et a/, No. /, Hallmvell. 21 Q. B. R. 187. NoTB.— See also decisions of the Superior Courts in regard to School Houses, chapter ii, section 13, pages at and aa. CHAPTER VIII. COMPULSORY ATTENDANCE OF ABSENTEE CHILDREN. l.-»Bight of every Child to receive an Education. The public school law declares that "every child, from the age of seven to twelve years inclusive, shall have the right to attend some school, or be otherwise educated, for four months in every year;* and any parent or guardian who does not provide that every child between those ages under lus care shall attend some school, or be otherwise educated, as thus of right declared, shall be subject to the penalties provided by this Act." (Sec. 8.) Note. — ^This provision of the Act does not require any Roman Catholic to attend a public school, or a Protestant to attend a Ronaan Catholic sepaiate school, 2.— Duty of School Trustees in this matter. The law makes it also the duty of the trustees of every public school: — (1.) "To ascertain before the thirty-first day of December in every year, through the assessor, collector 01- some other person to be appointed for that purpose, and paid by them, the names, ages and residences of all the children of school age in their school section, distinguishing those children (between the ages of seven and tWfVe years) who have not attended any school (or who have not been otherwise educated) for four months of the year. (Sec. 210.) * While the school law thus declares the right of every child to attend school and receive an education therein, (or otherwise) it also very properly makes it the imperative duty of trustees to provide in their school house sufficient "accommodation" or room for the attendance of everv chjld of school age in the section, at the rate of nine square feet of space on the floor for each child. (See chap, ii, sec. 9, page 19.) * The form to be used by trustees in taking the school censtu will be fiinislied by Main. Ctpp, Clark & Co.. Toronto, iree by post for 5 cts. Chap. VTII.] COKPUISOBT ATTENDAKCK. 61 (2.) " To notify personally, or by letter or otherwise, the parents or guardians of such children of the neglect or violation on their part of the provisions of the law on this subject. — Ibid. (3.) " In case, after having been so notified, the parents or guar- dians of such children continue to neglect or violate the provisions of this Act, it shall be the duty of the trustees to impose a rate-bill on such parents or guardians not exceeding one dollar per month for each of their children not attending school; or, (4.) ** To make complaint of such neglect or violation to a magis- trate having jurisdiction in such cases, unless they are satisfied that such neglect or violation has not been wilful, or caused by poverty, ill-health, or too great distance from school." 8.— Power and Duty of the Police or other Magistrate. The school law also declares that : " It shall be competent for the police magistrate of any city or town, and for any magistrate in any village, township or town where there is no police magistrate, to investigate and decide upon any complaint made by the trustees, or any person authorized by them, against any parent or guardian for the violation of the next preceding secticms of this Act [which declare the right of children to attend school; (see sec. 1 of this chapter,)] and to impose a fine not exceeding Jive dollars for the first wilful ouencc, and double that penalty for every subsequent ofience; which tliie snd penalty shall be enforced as are other fines in the School Act." (Sec. 211.) (o) " The police magistrate or justice shall not be bound to, bui may, in his discretion, forego to issue the warrant for the imprison- ment of the ofiender, as in said section is provided." — Ibid. (b) " It shall be the duty of the police magistrate, or any magistrate where there is no police magistrate, to ascertain, as far as may be, the circumstances of any party complained of for not sending his child or children to some school, or otherwise educating Lim or them, and whether the alleged violation has been wilful, or haa been caused by extreme poverty, or ill-health, or too great a distance from any school ; and in any of the latter cases, the magistrate shall not award punish- ment, but shall report the circumstances to the trustees of the school section or division in which the ofience has occurred." (Sec. 212). Note. — It will be seen from these sections of the Act that school trustees are made responsible for carrying out the "compulsory" sections of the Act quoted. Should they neglect to impose the required rate bill, as provided, or to duly report every case of delinquency to the magistrate, they become personally responsible for the amount of the rate bill or of the fine which may be lost to the section or division in consequence of such neglect on their part. Besides, they are responsible for thet loss of the apportionment which would nave b«en made on the average attendaoc* •f the absentees. [62] CHAPTER IX. PUBLIC SCHOOL TEACHER& l.->Wlxo are qualified Publio School Teachers. A dulj qualified public school teacher is one who, at the time of engaging with the trustees, and during the whole time of teacting their school, is possessed of a "legal certificate of qualification" (whether first, second or third class), issued under the authority of the Consolidated Public School Act of Ontario. (Sec. 162.) Note. — ^The law expressly declares that every person receiving any part of the sdiool fund (as teacher or assistant) shall hold a legal certificate of qualification. The Superior Courts have also decided that trustees cannot legally levy a rate for the payment of a teacher who does not possess the necessary qualifications as such, under the school laws. (See clause 4, sec. 12 of this chap.) 2.— Who cannot hold the office of Public School Teacher. No high, or public school trustee, and no inspector, can lawfully hold the office of, or act as, a publio school teacher, and vice versa. (School Act, sec. 226.) Note, —For conditions on which teachers may obtain certificates of qualification, see chapter xiv. 3.— Assistant Teachers in a* Public Soho Jl. Whenever the number of pupils enrolled in a public school exceeds /Ifii/, the trustees are required to "employ an additional teacher as an assistant." A monitor cannot take the place of an "assistant teacher," or be put in charge of a division of the school. He can only aid the master or assistant in the classes. Note. — Certificates may be granted by inspectors to assistant teachers and monitors for a year; subject to renewal. (See chap, xiv.) 4.— Agreements between Trustees and Teachers. " All agreements between trustees and teachers, to be valid and binding, shall be in writing, signed by the parties thereto, and sealed with the corporate seal of the trustees," and " may lawfully include any stipulation to provide the teacher with board and lodging." (School Act, sec. 161.) Payment may also be made quarterly. Note. — All agreements between trustees and a teacher, to be valid, must be authorized at a regular or special meeting of the trustees, and must be signed by at least two of the trustees and a teacher; they must also have the corporate seal of the section attached to them (as above), otherwise the trustees may be xasA^ person- ally respoiuibU for the fulfilment of such agreements, and can then be sued on them Ohap. IX.] PUBLIC SCHOOI. TEACHES8. 63 individually b^ the teacher. It should also be entered in the trustees' book, and a copy of it given to the teacher.* The trustees being a corporation, their agree- ment with their teacher is binding on their successors in office, if made in accoid> ance with the foregoing section ; and should they refuse or wilfully neglect to exercise the corporate powers vested in them to give it effect, they would bo Eersonally Ijable for the amount due a teacher. The mode of settling disputes etween trustees and a teacher is by suit in the Division Court. (Public School Law, sees. i6i, 165, and 338. NoTB.— See "Dedsions of the Courts relating to Trusteea and Teadien," lectioa it of tlib chapter. 6 — General powers of the Master of a Fublio School. In every school in which there are two or more teachers employed therein, the trustees shall determine who shall be considered as the master of the school. Note. — ^The head teacher emplojred in any public school in which there b more than one teacher, shall be designated and known as the master; and the others shall be named first, second or third, &c., assistant teacher. The master of every school is a public officer, and, as such, shall have power, and it shall be his duty to observe and enforce the following rules: — (1.) Sm that the Rvles are observed. — He shall see that the general rules and regulations, and any special rules (not inconsistent with them) which may be approved by the trustees for their respective schools, are duly and faithfully carried out, subject to appeal, in case of dissatisfaction, to the inspector. Note. — The master is required to rfead, or cause to be read, in his school, at least once in each quarter, (or otherwise inform the pupils of,) so much of the regulations as shall be necessary to give them a proper understanding of the rules by which they are governed. (2.) Prescribed Duties 0/ Teachers. — He shall prescribe (with the assent of the trustees) the duties of the several teachers in his school, but he shall be responsible for the control and management of the classes under their charge. (3.) Religious Exercises — Ten Commandments. — ^He shall see thai the regulations in regard to Opening amd Closing Exercises of the Day are observed, and that the Ten Commandments are duly taugiht to all the pupils, and ijepeated by them once a week. 6.— Discipline in the School— Authority over Pupils. It shall also be the duty of each master and teacher of a public school, to observe the following regulations! — (1.) General Principles 0/ Government. — Masters and teachers are to evince a regard for the improvement and general welfare of their pupils; treat them with kindness, combined with firmness, and aim * Forms of agreement between trusted and teaeher^can ba obtatesd ACB IISHD. Copp^ Clark A* Ca, free by post, for 5 cents. -I 64 PTTBLIO SCHOOL TEACHEBS. [Chap. TX. at govenuBg them by their affections and reason, rather than by harshness and severity. Teachers shall also, as far as practicable, exercise a general care over their pupils in and out of school, and shall not confine their instructions and superintendence to the usual school duties, but shall, as far as possible, extend the same to the . mental and moral training of such pupils, to their personal deport- ment, to the practice of correct habits and good manners among them, and to omit no opportunity of inculcating the principles of Truth and HoKESTY, the duties of respect to superiors, and obedience to all persons placed in authority over them. (2.) Discipline. — Each master and teacher shall practice such discipline in his school class or department, as would be exercised by a kind, firm and judicious parent in his family. It is strictly enjoined upon all teachers in the schools to avoid the appearance of indiscreet haste in the discipline of their pupils; and in any difficult cases which may occur, to apply to the master, [if an assistant,] inspector, or to the trustees, (as the case may be,) for advice and direction. Note.— The following are modes to be adopted or avoided. — (r.) Proper. — Reproof, kindly but firmly given, either m private or before the school, as circumstances rec^uire it, or such severe punishment as the case really warrants, administered as directed in the above regulation. (2.) Improper. — Contemptuous language, reproof administered in passion, per- sonal indignity or torture, and violation of the laws of health. (3.) StaJte of feeling among Pupils. — Masters and teachers shall cultivate kindly and afiectionate feelings among the pupils; dis- countenance quarrelling, cruelty to animals, and every approach to vice. (4.) Power to suspend Pupils. — The master shall suspend (subject to appeal, by the parent or guardian, to the trustees) any pupil for any of the following reasons : — • (a) Truancy persisted in. ib) Violent opposition to authority. (c) Repetition of any offence after notice. (d) Habitual and determined neglect of duty. (e) The use of profane, or other improper language. (/) General bad conduct, and bad example, to the injury of the ? school (5.) Cutting, marring, destroying, defacing or injuring any of the public school property, such as buildings, furniture, seats, fences, trees, shrubbery, &c., or writing any obscene or improper words on the fences, walls, privies, or any part of the premises, provided that any master suspending a pupil for any of the causes above named, shall, immediately after such suspension, give notice thereof, in writing, to the parent or guardian of such pupil, and to the trustees, in which notice shall be stated the reason for such sm^nsion; bat no pupil shall be expelled without the authority of Hbe trustees* Chap. IX.] PUBUC SCHOOL TEACHERS. 60 (6.) Expulsion of Pupils. — When the example of any pupil is very hurtful to the school, and in all cases whore reformation appears h(^leB8, it shall be the duty of the master, with the approbation of the trustees, to expel such pupil from the school. But any pupil under public censure, who shall express to the master his regret for such a course of conduct, as openly and explicitly as the case may require, shall, with the approbation of the trustees and master, be ro'admitted to the school. NoTB. — The School Law declares that "any pupil who shall be adjudged so refractory by the trustees (or a majority of them) and the teacher, that his presence in school is deemed injurious to the other pupils, may be dismissed from such •chool, and, where practicable, removed to an Industrial school." (Sec. 102, c1. 22.) Note. — The master, under clause (2) of section 5 of this chapter, may authorize the assistant to suspend or otherwise deal with pupils in his class, as provided in clause (4) of this section. 7.— Duties of Masters and Teachers in regard to Teaching. The law requii-es each master or teacher of a public school: (1.) *'To Teach Diligmtly and faithfully all the branches required to be taught in the school, according to the terms of his engagement with the trustees, and according to the provisions of the School Act, and the authorized regulations under it." (School Act, sec. 163.) (2.) Classify Pvpils. — He shall classify the children according to the books used; study those books himself, and teach according to the improved method recoiiMxended in their prefaces. The division of the pupils into classes, as prescribed by the programme, shall be strictly observed; and no teacher shall be allowed to take his or her class beyond the limits fixed for the classes taught by such teachers, without the consent of the master (if an assistant) or inspector, except for occasional reviews; but individual pupils, on being quali- fied, may, with the consent of the master, be advanced from a lower to the higher class. (3.) Constant employmmt to PupSs. — He shall pve the children under his charge constant employment in the studies prescribed in the authorized programme; and endeavour by judicious and diversified modes, to render the exercises of the school pleasant as well as profitable. In giving out the lessons for the next day, difficult parts should be explained, and where necessary, the best mode of studying them should be pointed out to the pupils. Note. — The object of the school programme is two-fold — to provide work, (i), for the master or teacher, and (2), for the pupils while he is engaged. No master is required to teach more than 27^ hours per week; but while he is teaching one class one subject, the other classes should be engaged in studying the other sub- jects, according to the programme. (4.) Time-Table. — Each master shall keep, in some conspicuooB \1ace in -the school-room, a time-table, showing the order of exercises 66 PUBLIC SCHOOL TEACHEBS. [Chap. IX. N for each day in the week, and the time for each exercise, as prescribed in the programme of studies for public schools. (5.) Merit Cards — Prizes. — In all the schools the series of merit cards, prepared and authorized by the Education Department, shall be regularly used; and if prizes are given, it must be on the principles laid down in the explanatory memorandum accompanying that series of cards. (6.) Quarterly Examination. — Each class in every school shall be open for* public examination and inspection during the last week of every quarter; and the master or teacher shall call upon every pupil in the school, unless excused, to review or recite in the course of such examination. Note. — See clause (i) of section 13, of this chapter. (7.) In School at 8f a.m., &c. — All teachers shall be in their respective schools, and open their rooms for the reception of pupils, at least fifteen minutes in the morning and five minutes in the after- noon before the specified time for beginning school; and during school hours they shall faithfully devote themselves to the duties of their office. 8. —Duties of Teachers in regard to School Premises. (1.) Care of School Property. — Each master [or teacher] shall exercise the strictest vigilance over the public school property in his charge — the building, outhouses, fences, &c., furniture, apparatus, and books belonging to the school, so that they may receive no injury; and give prompt notice, in writing, to the trustees or person appointed by them, under section 12, chapter ii, (if in cities, towns or villages, to the inspector,) of any repairs which may require to be made to the building, premises, or furniture, &c., and of any furni- ture or supplies which may be required for the school. (2.) Regulations in regard to School Premises, &c, — ^The trustees having made such provision relative to the school house and its appendages as required by law (see section 9, chapter ii), it shall be the duty of the master to give strict attention to the proper ventilation and temperature, as well as to the cleanliness of the school house; he shall also prescribe such rules for the use of the yard and out-buildings connected with the school house as will insure their being kept in a neat and proper condition; and he shall be held responsible for any want of cleanlmess about the premises. (3.) School open for Pupils. — Care must be taken to have the school house ready for the reception of pupils at \Q&a% fifteen minutes before the time prescribed for opening the school, in order to afford shelter to those who may arrive before the appointed hour. (See clause (7), section 7 of this chapter.) Chap. IX.] PUBLIC SCHOOL TEACHERS. 67 brd See (4.) Out-Premiaes. — ^The master [or teacher] shall see that the yards, sheds, privies, and other outbuildings dre kept in order, and that the school house and buildings are locked at all proper times; and that all deposits of sweepings from rooms or yards are removed from the premises. (5.) Fires amd Sweeping. — He shall employ, at a compensation to be fixed by the trustees, a suitable person to make fires, to sweep the rooms and halls daily, and dust the windows, walls, seats, desks, and other furniture in the same; but no master, assistant teacher, or pupil shall be required to perform such duty, unless voluntarily, and with suitable compensation. 8.— Duties of Teachers in regard to Library, Beports, &o. (1.) Act aa Librarian. — Each master [or teacher] shall act a8 librarian of the school, and take charge of the books; also make, keep, and preserve a catalogue of the same; deliver, charge, receive, and credit the volumes given out, and keep a register of the same; number, label, and catalogue the books; and make returns of the library, its books, &c., as required by the library regulations. (2.) The Libra/ry. — He shall keep the library open for the distri- bution (and return) of books to the scholars and ratepayers of the school division, on Friday afternoon of each week; but this duty shall not be permitted to interfere with the regular exercises of the school. (3.) General Register. — He shall keep a general register of the school (to be furnished at the expense of the trustees), in which shall be entered, in each term, the date of the admission of each pupil; the names of the pupils in each of the classes in the school; the promo- tion of pupils; date of a pupil's leaving the school, and destination, both as to place and occupation; and such other information as shall at all times give a correct idea of the condition of the school. (4.) Daily Register. — He shall also keep the daily register (provided at the expense of the trustees), ui which shall be entered the names and daily attendance of pupils, their proficiency in various studies^ and other information. Note. — See clause (3), of section 13 of this chapter. (5.) Returns. — ^The master [or teacher] shall make such returns, and at such times, as may be required by the [master] inspector, or trustees, relating to his class, school, or department. (6.) Reports. — He shall make the netessary term special, or annual reports to, and with, the trustees, to the inspector or chief superin- tendent, at such times and in such manner as may be required. Note. — See section 21 of chapter ii, (page 24), and clause (4) ^f section IJoC this chapter. T 68 PUBLIC SCHOOL TEACHERS. [Chap. IX 10.— Begulations in regard to Siokness, Visiting Sohoola, Visitors, Presents, Teaohors' Meetings, 8eo. (1.) Absence and Sickness. — No master or teacher shall be absent from the school in which he or she may be employed, without per- mission of the trustees or inspector, except in case of sickness, in which case the absence of such teacher shall be immediately reported to the trustees; and no deductioii irom the salary of a teacher shall be niado on account of sickness, (not exceeduig ai; the rate of four weeks for the whole year,) as certified by a medical man. (High School Act, sec. 61.) NarE.— See latter part of section 15, of this'chapter. (2.) Visiting Schools. — The inspector may permit a public school master, or teacher, to be absent two of the ordinary teaching days in each ludf year, for the purpose of visiting and observing the methods of classification, teaching, and discipline practised in other schools than that in which he or she teaches. Note. — This visit, with the name of the school or schools visited, is to be duly reported by such master or teacher to the inspector. Each public school master and teacher must g've at least three days' notice of each visit to the trustees. In order that no loss of apportionment may accrue to any school in consequence of the master's absence under this regulation, a proportionate amount of avera^, e attendance will be credited to the school for the time so employed by the teacher ; but under no circumstances can lost time be lawfully made up by teaching on any of the prescribed vacations, holidays, or half holidays, nor will time be allowed by the Department, or be reckoned by the inspector; bnt such permission shall not be given by the inspector if the absence of the teacher will, m his judgment, be injurious to ihe interests of the school ; nor shall this permission be granted to any roaster or teacher who fails ix> report, or who has employed the time heretofore given to him otherwise than in visiting schools, as authorized by this regulation. (3.) msitors' Book. — The master (or teacher) shall keep the visitors book (which is required by law to be furnished by the trustees), in which shall be entered the dates of visits and names of visitors, with such remarks as they may choose to make. The book is to be handed to the visitors for this purpose. (4.) Visitors. — Each master or trustee shall receive courteously the visitors appointed by law, and afford them every facility for inspect- ing the books used, .nd examine into the state of the school; hesh U keep the visitors' book accessible, thai the visitors may, if *' cliDose, enter remarks in it. The frequency of visits to the sch intelligont persons, animates the pupils, and greatly encourag lie faithful teacher. Note.— See clause (3) of section 13 o' thu chaptet. (5.) Subscriptions, Collections, Presents, Q BCt- n ue lall of bent NOTB.— No master or teacher shall act as agent for any bookseller or other person, to sell, or in any way pomote the sale, for such bookseller or person, of any school library, priie or taste book, map, chart, school apparatus, furniture, or stationery ; nor receive compensation or equivalent for such sale, or for the pro- motion of such sale, in any way whatsoever ; nor receive presents (unless presented to them on leaving the school), nor award, without the oermission of the trustees, medals or other prizes of their own to the pupils unaer their charge. (School Act, sec. 227.) (6.) Teacliera' Meetings. — All niastera and teachers in cities, towns and villages, shall regularly attend the teachers' meetings, at such times, and under such regulations, as the inspector shall direct, and by study, recitations, and general exercises, strive to systematize and perfect the modes of discipline and teaching in the public schoola. 11.— Decisions of the Superior Courts in regard to Teachers. (l,) Signins; an agreement with a Teacher isa mere approval of the appointment. — The Court of Queen's Bench has decided that an inspector signing, together with trustees, a contract with a teacher, will be considered as having signed the same only as approving of the appointment, and not as contracting with the teach^. — Campbell v. Elliott et al, County Model School, Middlesex. 3 Q. B. R. 167. (2.) Trustees agreeing to furnish a Teacher with Fuel must be applied to for it. — The Court of Queen's Bench has decided that when a teacher charged the trustees upon a special agreement stated to have been made by them, to ramish the said teacher with fuel when required, they could not be charged with a breach of covenant, as a request, with time and place, had not been stated in the teacher's declaration. — Anderson v. Vansittart et al, 5 Q. B. R. 335. Quart by the Court, whether such an agreement could be enforced? (3.) Trustee cannot be sued for Money due. — The Court of Queen** Bench has decided that trustees refusing to give an order to a teacher for the school fund, according to their agreement with him, cannot be sued for money due, but for the refusal to give the order. — Quin v. Trustees, 4, Seymour. 7 Q. B. R. 130. (4. ) No Rate can be imposed for the payment of an Unqualified Teacher. — The Court of Queen's Bench has decided that no rate can legally be imposed by trustees for the salary of an unqualified teacher. — ^^^^ Superintendent of Education, appellant, in re Stark v. Montague et al. 14 Q. B. R. 473. (5.) Trttstee and Teacher are not Master and Senant. The Court of Queen's Bench has decided that the Master and Servant Act (le aad 11 Vic, c. 23,) does not apply to school trustees and school teachers. Whore a tthool trustee, there- fore, nas been convicted under it as a master, the conviction was quashed. — In re Laurence jfoice. No. — , Pittsburg, convicted by Robert Anglin, J. P. 19 Q. B. R. 197. (6.) Representation as to the Character of a Teacher by a Ratepayer is a Privileged Communication.— The Coxut of Queen's Bench has decided that a representation by the assessed inhabitants of a school section as to the character of a teacher, made with a view of obtaining redress, is a privileged communication, which it is of importance to the public to protect; and such a statement would not be the less privileged if made by mistake to the wrong quarter. Where the libel complained of is clearly a privileged communication, the inference of malice cannot be raised u- n the race of the libel itself, as in other cases it might be, but the plaintiff must give extrinsic evidence of actual express malice; he must also prove the statement to be false as well as malicious ; and the defendant may still make out a good defence by proving that he had good ground to believe the statement true, and acted honestly under that persuasion. Quare by the Coort, whether a cotnmuMSa r 70 PUBLIC SCHOOL TEACHSBS. [Chap. IX. tion of this nature, made by an inhabitant of any other part of the Province, would not be privileged. — Mclntyre v. McBean etal, 13 Q. B. R. 534. 12.— Miscellaneous Duties of the Public School Teacher.* (1.) To hold Public Quarterly Examinationa. — ^The teacher is required by law "to have at the end of every quarter, a public examination of his school, of which he shall give due notice to the trustees of the school, to any school visitors who reside adjacent to the school, and through the pupils to their parents and guardians."! (Consolidated School Act of 1877, iseo. 163, cl. 7.) (2.) To give tha trustees and visitova access at all times, when desired by them, to the registei"s and visitors' b- ok appertaining to the school. — (Ibid. cl. 5.) (3.) To deliver up any school registers, visitors* books, or school house key, or other school property in his possession, en the demand or Older of the majority of the trustee corporation employing him, {Ibid.^ cl. 6.) Note. — "In case of his wilfully I'efusing to do so, he shall be deemed guilty of a misdemeanor, and shall not be deemed a qualified teacher until restitution be made, acd shall also forfeit any claim which he may have against the said trustees." (/6ui. cl. 6, (a.) (4.) To furnish Information to the Minister, or Inspector. — "To furnish to the Minister of Education, or to the School Inspector, in the trustees' report or otherwise, any information which it may be in his power to give, respecting anything connected with the operatic -is of his school, or in anywise affecting its interests or character." (Consolidated Act of 1877, sec. 163, cl. 8.) Note. — This duty involves the preparation of >eports and returns, as provid . in clause (6), section io>of this chapter, and section 21 of chapter ii. * As to the control of the teacher over the school house, see d<;cisioii No. 6, of the Court of Queen's Bench, on page 69. t It will be seen by this clause of the Act, in connection with the first part of the ninety-second lection, that " it shall (' shall ' here is imperative] be the duty of every teacher of a school : (6) To have at the end of each quarter a public examination of his school." Teachers cannot, there- fore, lawfully omit this part of their duty. Vorm of Teaober'i CireaUr NotiM of the Quarterly Examination of hi« SehooL School House of Section No. — , -. 187 Sir, — As required by law, the quarterly examination of my school vrill be held on day, the — of , when the pupils of the school will be publicly examined in the several subjects which they have been taught during the quarter now closine. The exercises will commence at 9 •'dock, a.m., and you are respectfully requested to attend tnem. I am, Sir, your obedient servant, To C D., School Trustee, (or Visitor). A. B., Ttaehtr. Rbmakks.— A copy of the above notice ought to be sent to each of the trustees, and to as many visitors of the school as possible. The teacher should address a circular notice to those of them who reside within three miles of his school. He is also requir*^ to give notice, throuah his pupils, to their parents and giuurdians and to the neighbourhood, of the examination. For noUdays and vacations, see "Geaetal Regulations" in chapter xiv.^ Chap. IX.] PUBLIC SCHOOL TEACHERS. 71 18.— Claim of Teacher for Salary until he is paid.* " Any teacher shall be entitled to be paid at the rate mentioned in his agreement with the trustees (see section 4 of this chapter), eyen after the expiration of the period of his agreement, until the trus- tees pay him the whole of his salary, as teacher of the school, accord- ing to their engagement with him; and including allowance for holidays and other times, as provided" by the following section, School Act. (Ibid. sec. 164.) Note. — ^This section shall only apply where the teacher prosecutes his claim for salary within three months after it is due and payable by the lees. {/6id. cL (a.) 14.— Teacher entitled to be paid for Holidays, £d. ** Every master or teacher of a public or high school or collegiate institute shall be entitled to be paid his salary for the authorized holidays occurring during the period of his engagement with the trustees, and also for the vacations which follow immediately on the expiration of the school term duiing which he has served, or the term of his agreement with such trustees." (High School Act, sec. 60.) Note. — Under this provisioit of the Act, a teacher, whose term of service ends just at the begirning of the Christmas holidays, is, entitled to be paid up to the 6th of January. Should the term of service end on the 15th of July, the teacher is entitled to be paid his salary up to the 15th of August. "In case of sickness, certified by a medical man, he shall be en- titled to his salary during such siclmess for a period at the rate of not exceeding four weeks for th - entii*e year; which period mayj}e increased at the pleasure of the trustees." {Ibid. sec. 61.) 16.— Matters of difference in regard to Salary. "All matters of difference between trustees and teachers, in regard to salary or other remu aeration, shall be brought and decided in the Division Couit by the Judge of the county court in each county." (Public School Act, se*-*. 165.) Note. — By section 4 of this chapter, it will be seen that no agreement between trustees and teachers, is lawful or binding on the school corporation, unless it is in writing and sealed with the trustees' corporate seal. None other can, therefore, be enforced in a court of law against the corporation. (See decisions of the superior courts, in section 12 of this chapter; see Miction 14, also.) •The Assessment Law does not exempt a school teacher either from the payment of a tax upon bis salary (if over $400 per annum), or from the performance of two days of statute labour, if kit ulary be Noder $40* ■i • 'xA [12] CHAPTER Xi SUPERANNUATION OF TEACHERS AND INSPECTORS. 1.— Persons entitled to Retiring Allowance. 1. Evoiy male teacher of a public or separate school holding a certificate of qualification. 2. Every female public or separate school teacher holding a like certificate. 3. Every legally qualified master or teacher of a high school or collegiate institute. 4. Every pubUo or high school inspector. 2.— Preliminary Conditions on which the right to the Retiring Allowance depends. 1. Each person must have contributed to the superannuation fund the sum of four dollars per annum, in half-yearly payments, during and for the period of his or her teaching school (public, separate, or high), or in respect of his or her receiving aid from said fund. 2. Where such subscription is not paid within the year, the amount to be contributed for each such year is five dollars. 3. In cases where the applicant has been teaching prior to the year 1854, the applicant shall contribute at the rate of four dollars per annum for such years ; the subscriptions for these years will be deducted from the retiring allowance payable for the first year. 4. Where the applicant has not taught in any year prior to 1854, he is to remit only for the years since that period during wluch he has actually taught school. 5. Back subscriptions or arrears, as above, are to be remitted before the applicant, if a teacher, has ceased to teach. 6. The teaching may eit'ier be in a public, separate or high school ; and in the case of public or high school inspectors, the period during which the inspector is entitled to receive his allowajice may be computed both in respect of the time during wliich he has actually taught school, or has been engaged in inspecting. 7. Every male teacher of a public or separate school is required to pay into the fund at least four dollars annually in half-yearly suras; while every female teacher of a public or separate school, master or teacher of a high school, or public or high school inspector, may pay tliis at their option while engaged in teaching or inspecting (as the case may be). 8. In the case of the high school master, or public or high school in- Bpector, the sum of four dollars per annum only is required to be paid by them in respect of subscriptions and arrears for the years previous to the year 1874 ; but any arrears for that or subsequent years shall be pro rata at the rate of five dollars per annum. 9. Persons who are now inspectors are entitled to be allowed for years during which they were acting as township or coimty local superintendents under the former School Law. Chap X.] SUPEBAKNUATIOX OF TEACHERS AND INSPECT0B3. 73 3.— Subsequent Conditions to be complied with before Pay- ment -)f Annual Betiring AUowanoe is granted. 1. Everjr teacher or inspector who complies with the foregoing prelimi- nary conditions as to contribution to the fund is absolutely entitled, on reaching the full age of sixty years, to retire from the teaching profession at his discretion, and to receive an allowance at the rate of six dollars per annum for every year of teaching service in this Province. The Education Department must, however, be furnished with satisfactory evidence of such teacher possessing a good moral charpcter, as to his or her age, and the length of service as a teacher or inspector (as the case may be). 2. Every teacher or inspector who is under sixty ^ears of age, having contributed as aforesaid, and is disabled from practising his profession, is entitled to the like allowance on furnishing the like evidence, and upon also furnishing the Department, from time to time, with satisfactory evidence of his being so disabled. 3. The teacher who holds a first or second class provincial certificate, or is a bead master of a high school or collegiate institute, or a public or high school inspector, is entitled to receive the further allowance at the rate of one dollar per annum for every year of service while holding such certifi- cate, and teaching or acting as head master under it, or of service as a public or high school inspector (as the case may be). 4. The retiring allowance ceases to be payable at the close of the year of the death of the recipient. 5. In the case of applicants who have reached the full age of sixty years, the particulars contained in the form numbered 1 must be furnished to the Department, with such proof as the Minister may require. 6. In the case of any applicant under sixty years of age, on the ground that he or she is disabled from practising his or her profession, the par- ticulars contained in form number 2 must be furnished, together with evidence thereof to the satisfaction of the Minister ; and in all appUoations of this nature, the applicant is required to submit himself or hei'ielf for examination touching his or her disability before such one or moro regis- tered medical practitioners as the Minister may appoint ; and the applicant ■wdll not be entitled to any retiring allowance unless the Minister, upon such examination, is satisfied that such disability exists. 7. Any retiring allowance is liable to be withdrawn in any year unless the disability continues ; and the recipient is annually to present himself to the inspector in order that he may report thereon to the Minister. 4.— Subsequent Conditions on which Allowances will cease to be made. 1. In case the teacher or inspector fails to maintain a good moral char- acter, which is to be vouched for, when required, to the satisfaction of the Department. 2. In case the disability of any recipient under sixty years of age has ceased to exist upon evidence satisfactory to the Department. 3. In case the teacher, with the consent of the Department, resumes the profession of teaching, or inspecting, payment of his allowance is to be suspended during such period, and until he shall bo again placad on the superannuation list ; any additional period of teaching sliall be allowed for on compliance with the prescribed conditions. 7i INSPECTORS AND TEACHEIIS. [Chap. XI. S.— Provision in oases of Withdrawal or Decease. 1. Any teacher or inspector who is not entitled to an allowance from the fund, on retiring from the service, shall receive back one-half of all sums contributed by him or her. 2. Any teacher who has retired from the profession, and received back one-half the amount paid in by him or her to the fund, and who subse- quently resumes the practice of teaching, shall thereupon forthwith pay, through the inspector of the city or county, to the Education Department, the sum so refunded to him. 3. In case of the decease of any teacher or inspector, without having been placed on this fund, his or her wife or husband, as the case may be, or other legal representative, shall be entitled to receive back all suma paid in to the fund by such teacher, with interest at the rate of seven per cent, per annum. 4. In any case where the claim of an applicant for a retiring allowance is refused on the ground of non-compliance with the prescribed conditions, then such applicant shall be entitled to receive back one-half of the sums contributed by him or her to the fund. 5. In cases where the contribution to the fund commenced before the year 1871, then the amount to be returned shaU be the full amount so paid in by every such teacher, but without interest. 6. Any municipal council, public or high school board, or board of education may, in its discretion, supplement out of local funds the amount of any pension payable by the Department from this fund. 7. The municipal treasurer or other treasurer of school moneys, is required at the end of each half-year to pay over to the order of the inspector, the amount of money in such treasurer's hands, which repre- sents the deductions from salaries of male teachers to this fund for each half-year, or which is otherwise payable by any male teacher to the fund, and tlie inspector is required to deduct from his cheque, or order, in favour of any male teacher, the sum of two dollars for each half-year in respect of each school. CHAFTER XI. RELATION OF INSPECTORS TO PUBLIC SCHOOL TEACHERS. [Note. — No public school inspector shall, during his incumbency, hoiu the office of trustee of a high or public school, nor act as head master of i high school, or master or teacher of a public school.] 1.— Oversight of Fublio Schools by an Inspector. The School Law requires each inspector of public schools " to see that all the schools are managed and conducted according to law." It also declares that he " shall have the oversight of all public schools in the townships and villages within the county or union of counties, Chap. XL] INSPECTORS AND TGACHRRS. 75 or part of the county or union of counties, for which he shall he appointed," and shall "have all the powers in each municipality within his jurisdiction, and be subject to all the obligations conferred or imposed on inspectors by law, according to such instructions as may be given to him, from time to time, by the Hon. the Mirister of Education." (Sec. 194, els. 1 and 2.) 2.— Inspector's Visitation of Schools. The law requires every county inspector "to visit every public school within his jurisdiction twice a year, unless oftener required to do so by the county council which appointed him, or for the adjust- ment of disputes, or otherwise." (Sec. 194, cl. 3.) Note. — The regulations require the inspector to devote, on an average, half a day to the examination of the classes and pupils in each school, and to record the resuU of such examination in a book to be kept for that purpose. He shall also make inquiry and examination, in such manner as he shall think proper, into all matters affecting the condition and operations of the school, the results of which he shall record in a book, and transmit it, or a copy thereof, annually, on com- pleting his second half-yearly inspection, to the Education Department ; (but ht shall not give any previous notice to the teacher or trustees of liis visit.) (Site Regulations.) 8.— Authority of an Inspector in a School. The nuthority of an inspector in a school, while visiting it, is supreme; the master, teachers, and pupils are subject to his di- rection; and he shall examine the classes and pupils, and direct the masters or teachers to examine them, or to proceed with the usual exercises of the school, as he may think proper, in order that he may judge of the mode of teaching, management, and discipline in the school, as weU as of the progress and attainments of the pupils. {Ibid.) 4.— Inspector's Procedure in the Visitation of Schools. On entering a school, with a view to its inspection, and having courteously introduced himself to the teacher (if a stranger), or, if otherwise, having suitably addressed him, the inspector shall: (1.) Note in the inspector's book the time of his entrance, and on leaving, the time of departure from the school. (2.) See whether the business going on, corresponds with that assigned to that particular hour on the time-table, and generally whether the arrangements which it indicates agree with the pre- scribed progi'amme of studies, and are really carried out in practice. If not, he should at once privately notify the teacher of the omission, and the penalty for neglect to observe the regulations. (3.) Examine the general and daily registers, and other school records, and take notes of the attendance of pupils, ntuuber of classes in the school at the time of his visit, &o. 76 INSPECTORS AND TEACHEBS. [Chap. XI. (4.) Observe the mode of teaching, the management of the school, and generally its tone and spirit : also, whether the bearing, manner, and language of the teacher, his command over the pupils, and their deportment at the time of his visit are satisfactory. (Ibid.) 6.— Intercourse with Teachers and Pupils. In his intercourse with masters and teachera, and during his visit to their schools, the inspector should treat them with kindness and respect, counselling them privately on whatever he may deem de- fective or faulty in their manner and teaching; but by no means should he address them authoritatively, or in a fault-finding spirit, in presence or hearing of the pupils. (^Ibid.) 6.— See to Attendance of Children at School. The inspector should see that the provisions of the School Act, in regard to the rights of every child in the municipality under his jurisdiction, to attend some school, are not allowed to remain a dead letter. Note. — The inspector should also see that the trustees take the yearly school census of the section, and, in cases of delinquent parents, charge the school fee or report the cases to the magistrate, as required by the School Act. 7.— Teachers Visiting oth&r Schools. County and city inspectors shall have authority to allow teachers to visit schools, under the restrictions contained in clause (2), section 1 1 of cTiapter ix. 8.— Payments to Teachers' Superannuation Fund. The law requires each inspector of public schools to deduct two dollars semi-annually, for the superannuated teachers' fund, from each half-yearly payment made by him on behalf of any male teacher holding a certificate of qualificatioti under his jurisdiction, and trans- mit the same to the Education Department. (School Act, sec. 194, cl. 16.) Note. — In doing so, the inspector will have to see that the sum of two dollars is deducted from each male teacher s half-yearly salary, whether paid direct to the teacher by the trustees, or by their order on the inspector, (See note to sec. 22, chapter ii, page 24. ) Note. — Where trustees pay to a male teacher his whole salary, without account- ing to the inspector for the half-yearly payment to the superannuation fund, the inspector should notify the trustees that until the money is sent to him by their treasurer, as required by law, no further apportionment will be paid to their school. This would effectually prevent the evasion sometimes practised in this matter. (See note to next section. ) 9.— Cheques to Teachers payable to Themselves. Any cheques for school money due a section must be made payable to the (qualified) teacher, assistant, or monitor, or his order, and to no other person; and no cheque shall be given to such teacher except 11^ Chap. XI.] INSPECTORS AND TEACHEBS. 77 on an order signed by a majority of tne trustees of the school section, and attested Jby a lawful corporate seal, and then only for the time during which the teacher has held a legal certificate of qualification, not cancelled, suspended, recalled, or expired. (See note to sec. 22, of chapter ii, page 24.) Note. — In giving cheques to a section in pajrment for the time during which the school was taught by a male teacher, the half-yearly payment of two dollars to the superannuated teachers' iiind must be deducted. In case trustees should pay the outgoing male teacher out of the funds of the s^^ction, and then give an order to their next teacher (male or female) for the full amount apportioned to their section, the inspector, being responsible for the money payable to the fund by the out- going male teacher, must deduct the $2 already due, besides taking the remedial steps indicated in the note to the preceding section. A form of order, which the trustees should send to the inspector, will be furnished by Messrs. Copp, Clark & Co., Toronto, free of postage, for 5 cents. (See note to section 22 of chapter ii, page 24.) 10.— Granting Special Certificates. The School Law authorizes every inspector " to give to any candi- date, on due examination, according, to the programme authorized for the due examination of teachers, a certificate of qualification to teach school within the limits of the charge of such inspector, until (but no longer than) the next ensuing meeting of the board of examiners of which such inspector is a member." (School Act, sec. 194, cl. 22.) Note. — No such certificate shall be given a second time, or be valid if given a second time, to the same person in the same county." (Hid. sec. 194, cl. 22 {a.) Note. — In giving effect to this provision of the Act, inspectors will observe : (1) that they are required to examine all candidates desiring special certificates ; (2) that they are not authorized to grant " permits" without examination ; (3) that the special certificates given can only have the value of those of the third class, and be valid only " within the limits of the charge of the inspector ;" (4) that under no circumstances can they give a special certificate to a teacher who has already previously received one from any (local superintendent or) inspector in the same county; and (5) that no certificate can be given to a teacher who has been rejected by the board of examiners, unless by consent of such board, and undor the authority of the Education Department. Inspectors can endorse as valid in their county, third-class certificates given in another county. They can also give certificates to assistants and monitors for a year. (See sec. 14 of this chapter.) 11.— Suspension of Public School Teachers' Certificates. When an inspector finds it necessary to suspend the certificate of a master or teacher, he should not do so on the mere report of im- proper conduct, immorality or incompetency, but he should give the mast^ or teacher due notice of the charge against him, and afibrd him a full opportunity for defence, he should also examine carefully into (jhe alleged facts of the case, and, if necessary, visit the school and assure himself personally of their truth, on the oath or aflSirmation of witnesses, before proceeding to suspension. Note. — Officers, required by luw to exercise their judgments, are not answer^ able for mistakes in law, QS ffifi^ eiBQEs of judgmeot, with^ any fiaud or malicst T 78 SCHOOLS 15 UKORGANIZED TOWNSHIPS. [Chap. XIL 12.— Inspeotor to Verify Attendance of Pupils. The inspector should see that the aggregate attendance of each school is correctly added up, and divided by the divisor for the half year, and that no lost time is made up by teaching on Saturdays, or other holidays, or vacations. (See chapter xiv.) Under clause (2) of section 11 of chapter ix, teachers may, with the consent of the inspector, employ certain days in the year in visiting other schoola. In order that the school may not lose a corresponding proportion of the school fund, the inspector is authorized to add a proportionate amount of average attendance for time so employed, or use a smaller divisor. Note. — After having examined and tested the correctness of the return, the in- spector should file away and carefully preserve it, so that it may be handed over, with other school documents, to his successor, when he retires from office. 13.— Check against Incorrect Returns. The half-yearly return of the pupils' names, and number of days in which they attended during each month, will be a check against false or exaggerated returns; as the inspector can, in his visit to any school, take the return with him, compare it with the school register, and make any further inquiries he may deem necessary. He should, Also, at his vidts to the school, take notes in his book of the school attendance, Sx. Note. — The returns, carefully compiled, will fiimish materials for the staiistical tables in the iir.pector's report, and will show at what periods of the year tlie at- tendance of pupils at the schools is the largest, and how many attend school during two, four, six, Ac, months of the year. CHAPTER XII. SCHOOLS IN UNORGANIZED TOWNSHIPS. 1.— Formation of School Sections in Unorganized Townships. In unorganized townships in any county or district it shall be lawful for the stipendiaiy magistrate thereof and the public school inspector (if any) of the county or district, or for the stipendiary magistrate alone if there be no inspector, and for the inspector alone if there be no stipendiary magistrate, to form a portion of a town- ship, or of two or more adjoining townships, into a school section. (a) No such section shallf in length or breadthj./ exceed five miles in a straight line. Ohap. XII.] SCHOOLS in UNOROAinZED TOWNSHIPS. 7» (b) Subject to this restriction, the boundaries may be altered by the same authority from time to time, and the alteration shall, go into operation on the twenty-fifth day of December next after such alteration. (c) No such school section shall be formed except on the petition of five heads of families resident therein. (School Act, sec. 26.) • 2.-'Eleotion of Trustees in Unorganized Townships. After the formation of such a school section, it shall be lawful for any two of the petitioners, by notice posted for at least six days in not less than three of the most public places in the section, to appoint a time and place for a meeting for the election, as provided by law, of three school trustees for the section. (Ibid. sec. 27.) NoT^. — The elections of trustees under this section aoe to be conducted as pointed out in chapter vL of these Lectures. 8.— Powers of Tmstees in Unorganized Townships. The trustees elected at such meetings, or at any subsequent school meetings of the section, as provided by law, shall have all the powere and be subject to all the obligations of public school trustees generally. (Ibid. sec. 28.) Note. — The powers and duties of trustees are folly explained in chapter ii. 4.— School Assessment Boll in Unorganized Townships- The trustees so elected shall annually appoint a 'duly qualified person to make out an assessment roll for the section, and shall transmit a certified copy thereof to the stipendiary magistrate (or inspector.) (a) It shall be the duty of the stipendiary magistrate, or of the in- spector if there be no stipendiary magistrate, to examine the said roll, and correct any errors or improper entries which he shall per- ceive therein. (Ibid. sec. 29.) Note. — For explanation in r^ard to assessment roll, see chapter iiL 6.— Bevision of the Sohool Assessment Boll. A copy of the said roll, as so corrected, shall be open to inspection by all peraons interested, at some convenient place in the section, notice whereof, signed by the stipendiary magistrate, or inspector, if there be no stipendiary magistrate, is to be annually posted in at least three of the most public places in the section, and E^all state the place and the time at which the magistrate or inspector will hear appeals against said assessment roll. (a) Such notice shall be posted as aforesaid by the trustees for at l&Lst three weeks prior to the time appointed for hearing the appeals. (Ilnd. sec. 30.) 80 SCHOOLS IN UNORGANIZED TOWNSHIPS. [Chap. XII. ' I 6.— School Assessment Boll Appeals. All appeals are to be made in the same manner and after the same notice, as nearly as may be, as appeals are made to a court of revision in the case of ordinary municipal assessments, and the magistrate (or inspector) shall have the same powers as such court of revision. (Ibid. sec. ai.) 7.— Power of Magistrate or Inspector in Appeal Oases- (1.) The magistrate or inspector has power "to try all complaints in regard to persons wrongfully placed upon or omitted from the roll, or assessed at too high or too low a sum." (Assess. Act, Bev. Stat, ch. \80, sec. 53.) (2.) Oaths to Parties. — ^The magistrate, or inspector, may, at his discretion, administer an oath to any party or witness before taking hia evidence,. The oath may, however, be required by the opposite party. {Ibul. sec. 54.) (3.) Sumiiiona of Witnesses. — ^The magistrate, or inspector, may issue a summons to any witness, to attend at the confirmation of the roll, but he need not attend unless he be tendered fifty cents a day. After such tender should hei "fail without good and sufficient reason, to attend, he shall incur a penalty of |20, to be recoverable with costs by and to the use of any person suing for the same." (Amended Assess. Act, sec. 55.) (4.) Assessment on Real Property. — In regard to real property, the magistrate, or inspector, • 'after hearing upon oath the complainant," and the party who assessed the property, "and any witness adduced, and, if deemed desirable, the party complained against, shall determine the matter, and confirm or amend the roll accordingly." (Assess. Act, seo. 56, cl. 15.) (5.) Assessment on Personal Property. — If the party asse3ii?d com- plains of an overcharge on his personal property, or taxable irioome, he, or his agent, may make a declaration of the true value of per- sonal property, without deducting ordinary debts (though debts dn the property itself are to be stated), and of gross income from all v sources; and no abatement shall be made from the amount of income in respect to debts, except debts due for or on account of such per- sonal property; and the magistrate or inspector, shall, thereupon, enter the person assessed at such an amount of personal property, or taxable income, as is specified in such declaration, unless he shall be dissatisfied with the declaration; in which case the parties concerned, may be examined on oath as to " the correctness of the declaration," and the magistrate, or inspector "shall confirm, alter or amend the roll, as the evidence shall seem to warrant." {Ihid. sec. 56, cl. 14.) (6.) Failure of Pairties to Appear. — "If either party fails to appear, either in person, or by an agent, the magistrate, or inspector, may jiToceod ex jparte," {Ibid. sec. 56, cl. 17.) Chap. XIII.] GENERAL SCHOOL REOULATIOXS. 81 ^7.) Roll Confirmed and Signed. — On the final confirmation of tho roll by the magiHtrate, or inspector, it is to be signed as passed, and handed to th« trustees for their guidance. 8.— Gonflrmed School Assessment Boll Binding. The annual roll, as finally passed and signed by the magistrate (or inspector), shall be binding upon the trustees and ratepayers of the section until the annual roll for the succeeding year is passed and signed, as aforesaid. (School Act, sec. 32.) O.—Gertifloates to Teachers in New Districts. Any public school inspector may,' under such general regulations or instructions as may be prescribed according to law, examine and give special certificates, from time to time, to teachers in new and remote townships in the county, riding or division in which he is in- spector ; which certificates shall be valid in such townships for the periods mentioned in the regulations. {Ibid. sec. 194, cl. 24.) CHAPTER XIII. or GENERAL PROVISIONS OF THE LAW & REGULATIONS APPLICABLE TO ALL SCHOOLS. 1.— All Public Schools shall be Free Schools. All " public schools shall be free schools, and the trustees of school sections, and the mimicipal councils of cities, towns, villages and townships shall, in the manner now provided by law, levy and collect the rate upon the taxable property of the school division or mimici- pality (as the case may be), 'to defray the expenses of such schools, aa determined by the trustees thereof." (Public School Act, sec. :7.) Note. — The manner of raising funds by rural school trustees is pointed out in chapters iL and iii. of these Lectures. 2— Besidents in one Section sending to another Section. " Any person residing in one school section, division, city, town or village, and sending a child or children to the school of a neigh- bouring school section, division, city, town or village, shall, never- theless, be liable for the payment of all rates assessed on his property for school purposes in the section, division, city, town or village in which he resides, as if he sent his child or children to the school of such section ; and such child or children shall not be returned as attending any other than the school of the section in which the parents or guardians of such child or children reside." (Jbid. sec. 160.) Note. — For full explanation of the i iv relating to non-residents, see chapter iv. of these LectiTes. m nr 82 GENERAL SCHOOL RE0VLATI0N8. [Chap. XIII. 8.— Exception as to Separate Sohoola and Non-residenta. The law fleclaros that the foregoing section " shall not apply to personfi sending children to or supporting separate schools ; or prevent any person who may be taxed for public school purposes on property situate in a difforent school section from that in which he resides, from sending his children to the school of the section in which such property may be situate, on as favourable terms as if he resided in such section." {Ihid. section 160^ see chapter iv. of these Lectures.) Note. — School fees or rate bills can now be charged to non-residents, who have the right to send their children to the school nearest to them, — to the support of which they are not ratepayers. (See, however, chapter iv.) 4.— Foreign Books not to be used without permiBsion. " No person shall use any foreign books in the English branches of education, in any model or public school, without the express permis- sion of the Department of Education ; and no portion of the legisla^ tive school grant shall be applied in aid of any public [or separate] school in which any book is used that has been disapproved by the Department of Education, and public notice given of such dis- Approval." (Ibid. seo. 11.) S.— Pupils not to be required to Join in Religious Exercises. " No person shall require any pupil in any such school to read or study in or from any religious book, or to join in any exercise of devotion or religion objected to by his or her parents or guardians; but within this limitation, pupils shall be allowed to receive such religious Instruction as their parents and guardians desire, according to any religious regulations provided for the government of public schools." (Ibid. sec. 9.) Note, — ^The teacher of each public school is requested to hear the pupils of the school repeat the Ten Commandments once a week. (See next section.) 6.— Opening and Closing Exeroises of eaoh Day. 1. As Christianity is the basis of our whole system of elementary education, that principle should pervade it throughout. The section (144) quoted above, secures individual rights, as weU as recognizes Christianity. 2. In the section of the Act thus quoted, the principle of religious instruction in the schools is recognized, the restrictions with whioh it is to be given are stated, and the exclusive right of each parent and guardian on the subject is secttrp^ 3. The public school being a day, and not a hoarding achoolf niles arising from domestic relations and duties are not required; and as the pupils are under the care of their parents and guanHans on SablMiths, no regulations are called for tfk respect to their attendance at public worship. , Cl»»p. XIII.] GENERAL SCIIOOI, HEnULATIONS, 88 4. With a view to «eciire the Divine blessing, and to imprens upon the pupils the iin])ortiince of relij^ious tlutiea, imd their entire dcj)en- dence on their Muker, the Council of Public Instruction recommendB that the daily excrciscH of each public school be opened and closed by reading a poi-tion of Scripture, and by prayer. The Lord's Prayer alone, or the forms of prayer hereto annexed, may be used, or any other prayer preferred by the trustees and master of each school. 5. The Lord's Prayer shall form part of the opening exercise, and the Ten Commandments be taught to all the pupils, and be repeated at least once a week. But no pupil should be comi)eIled to be pre- sent at these exercises against the wish of his parent or guardian, expressed in writing to the master of the school. (Public School Regulations, chapter i.) Note. — The forms of prayer provided for in these regulations will be found oa page 2 of the cover of the daily school register. 7.- Weekly Instruction by the various Clergy. In order to correct misapprehension, and define more clearly the rights and duties of trustees and other parties in i-egard to religious instruction in connection with the public schf^ols, it is decided by the Coimcil of Public Instruction that the clergy of any jiersuasion, or their authorized representatives, shall have the right to give religious instruction to the pupils of their own church, in each school house, at least once a week, after the hour of four o'clock in the afternoon ; and if the clergy of more than one iM^itJuasiou apply to give religious instruction in the same school house, the trustees shall decide on what day of the week the school house shall bo at the disposal of the cler- gyman of each persuasion at the time above stated. But it shall be lawful for the trustees and clergjTnan of any denomination to agree upon any hour of the day at which a clergyman, or his author- ized representative, may give religious instruction to the pupils of his own church, provided it be not during the regular, hours of the school. (Ibid.) 8— No School Official shall act as Book Agent. " No teacher, trustee, inspector, or other person officially connected with the Education Department, the normal, model, public or high schools or collegiate institutes, shall become or act as agent for any person or persons to sell,^or in any way to promote the sale for such iperson or persons, of any school library, prize or text book, map, chart, school apparatus, furniture or stationery or to receive compen- sation or other i-emuneration or equivalent for such sale, or for the promotion of sale in any way whatsoever." (School Act, sec. 227.) 8.— Legal Definition of the Public " School Fund." "The legislative school grant, togetj^>er with at least an equal sum Mosed annually by local assessment, shall constitute and be called the 6 n 84 GENERAL SCHOOL REGULATIONS. [Chap. XIII. public school fund of such county, township, city, town or village." {Ibid. sec. 139.) 10.— Bestriction as to the Application of the *' School Fund.*^ " No part of the salaries of the Minister of Education, school in- spectora, nor of any other persons (except teachers employed), or of any expenses incurred in the execution of this Act, shall be paid out of the said public school fund, but such fund shall wholly and with- oxit diminution be expended in the payment of teachers' salaries." (Ibid. sec. 213.) 11.— Conditions of paying the Schoo!. Fund to Schools. " No cheque shall be given for any portioa of the school fund to any school section which has not been conducted according to law, and to the regulations provided under its authority." (Ibid. sec. 194, cl. 14.) It will thus be seen that the county inspector has no option but to withhold the school fund apportioned to a section, in consequence of the neglect or refusal of the trustees to comply with the law itself, or with the regulations framed under its authority, especially as these regulations have, by the statute, the force of law. This neglect or refusal applies to the school house, site and premises, school accom- laodation, supply of maps and apparatus, employment of the necessary number of qualified teachers and assistants, and also to all of those matters which are designed to promote the efficiency of. the school and the success of the teachers employed. 12.— Penalty for Disturbing .Public Schools. *' Any person who 'wilfully disturbs, interrupts, or disquiets the proceedings of any school meeting authorized to be held by this Act, or any one who interrupts or disquiets any public school establislwjJil ahd condiicted under its althority, by rude or indeceixt behaviour or by milking a noise either within the place where such school is li( j.t or beW. so near thereto as to disturb the order or esxercises of the school, shall, for each offence, on conviction thereof beforn a justice of the peace, on the affidavit of one credible witness, forfeit and pfty for public school purposes to the school isiection, city, town or village within which the offijnce was committed, such sum not exceeding twenty dollars, together with the costs of conviction,, as the said justice may think fit ; or the offender may be indicted and punished for any of the offences hereinbefore mentioned as a misdemeanor." [Ibid. sec. 249.) 13.— Miscellaneous Deoisiona of the Superior Courts. (1) Embezzlement— ^A Trustee, not beitig Secretary- Treasurer, cannot '^ecehr or rttain school moneys. — The Court of Common Pleas has decided that a schoo' uii. lage." ool in- , or of dd out [ with- laries." fund to to la'W^j ec. 194, n but to uence of itself, or as these legleqt or )1 accoja- aecessiiry of those Lo school Chap. Xin.] GENERAL SCHOOL RKOULATIONS. 85 l: *■■(.• quiets the this-»^<^*' ktabliBhetl [aviour QX [ol is t'l^t tc9 of tho a, justice ^ aad p»y or viilage [exceeding the paid punished lemeauor." trustee having money in his hands, not as secretary and treasurer of a board, or in any official capacity, cannot embezzle such money, his duty as trastee not requiring or authorizing him to receive it. — Farris v. Irwin, No. 16 Darlington, 10 C. P, R. 116. (2.) Loan to School Trustees — Personal liability — Change of School Site. — Two of the trustees of a school section, wishing to change the school site, called a meeting of the freeholders and householders, who rejected the proposal. The two trustees thereupon chose an arbitrator, assuming to act under sec. 30 Consol. Stat. U. C. ch. 64, but none was chosen by the freeholders and householders, and under the advice of the Deputy Superintendent the trustees called another meeting, at wliich a motion to appoint such arbitrator was rejected. The trustees' arbitrator and the local superintendent thereupon made an award changing the site. A special meeting was then called to consider how the money should be raised to cirry out the change, at which the conduct of the trustees and the change was strongly disapproved of. The two trustees thereupon petitioned the township council, stating that the ratepayers were desirous of purchasing a new site, and asking for a loan of $400, " for which the trustees wi'i bmd themselves to pay the interest annually, and the principal when due." 7. his was granted, and secured by two instalments, as follows : — " We, the undersigned. Trustees of School Section No. II, do hereby promise to pay the Treasurer of the Corporation of Toronto Township, or," &c. \ Trustees. (Signed) M. D. with the corporate seal affixed. The money was expended for the purpose men- tioned. The township corporation having sued the trustees individually on these notes, and on the common counts : Held, that they could not recover on the notes, for, (i) They were payable to the treasurer ; and (2) The defendants were not personally liable upon them. Held, also, Wilson, J. dissenting, the defendants were not liable upon the common counts either, for the intention of all parties plainly was that the trustees as a corporation should be bound, not the defendants personally ; and there being no firaud and concealment on their part, the fact that they as a corporation had no authority to borrow, nor the plaintiffs to lend, could not, under the circumstances, make them personally liable. Semble, per Richards, C. y., that under section 30, the difference of opinion as to the change of site authorized a reference to arbitration j but that the refusal of the freeholders and householders to name an arbitrator did not enable the other two arbitrators to proceed, the proper course being to compel the appointment by mandamus. Per IVilson, y., the difference of opinion must be as to the position of the new site, after the change has been agreed to by the ratepayers, not as to whether there shall be a change ; and the arbitration, therefore, was unauthorized. — The Corpo- ration of the Township of Toronto y, MtBrideetal.^ Executors — Mode of Conducting Examinations. 1. Every presiding inspector shall send to the Education Depart- ment, one month before the time of the examination, a list of the names of those who intend to present themselves for second-class certificates. To each name so sent the Department will afiix a num- her, which must be employed by the candidate instead of his usual signatui'e throughout the entire examination. 2. Candidates for first-class certificates shall notify the Department, at least five weeks before the examination, as to the place at which they intend to present themselves for examination, and shall at the same time forward the testimonials required by the regulations. 3. The Department will provide envelopes of convenient dimensions, to be sent out with the first and second-class examination papers — one envelope with each paper. 4. The county public school inspector shall preside, and be respon- sible for the pi'oper conduct of the examinations, and lor the safe- keeping, unopened, of the examination papers until the time of examination; but in case of any inability to attend, he shall send to the Education Department, for the approval of the Minister, or Deputy, one month biefore the examination, the name of the person whom he intends to appoint his substitute at those examinations at which he himself cannot preside, otherwise the Department will make the appointment. 5. When more than one room is required for the candidates, an inspector's substitute must be appointed for each room, to preside in his stead. 90 EXAMINATION OP CANDIDATES. [Chap. XIV. ii 6. The presiding inspector shall transmit to the Education Depart- ment, on the first day of the examination, a copy of the following declaration, signed by himself and the other examiners (but such declai-ation shall not be required more than once from any examiner) : " I solemnly declare that I will perform my duty of examiner with- out fear, favour, aflfection or partiality towards any candidate." 7. The presiding examiner shall subject the candidates for third- class certificates to viva voce examinations in reading, of the result of which a record shall be made and reported to the Department. 4.— Directions for Presiding Examiners. 1. Places shall be allotted to the candidates for necond-class certifi- cates, so that tliey may be at least five feet apart. All diagrams or maps li;iving reference to the subjects of examination shall be removed from tho room. Candidates for third class certificates must be placed suiHciently far apait. to prevent copying. 2. All these arrangements shall be completed, and the necessary statioiiLiy shall be distributed and placed in order on the desks of the candidates at least fifteen minutes before the time appointed for the commencement of the examination. ,'». No candidate shall bo allowed to leave the room within one hour after the issue of the examination papers in a^y subject; and if he then lea\ e he shall not be permitted to return during the examioa- tiou in the subject then in hand. 4. Punctually at the time appointed for the commencement of the examination in each subject, the presiding examiner sliall, in the KXuinLuatiun room, and in the presence of the camlidates, break the seal of the envelope containing the examination papers, and give them at once to the candidates. The papei-s of only one subject shall be opened at one time. 5. The inspector shall further see that at least one examiner is presont during the whole time of tho examination, in each room occu- pied by the candidates. (1 ) He shall, if desirable, appoint one or more of his co-examiners to preside at the examination in any of the subjects named in the programme. (2) If intoriuediate and second-class can- didates are being examined together, tho followjng rule applies: — No trusteo, master or teacher of the school concerned can be appointed to preside, and no master or teacher of the school shall be present during the examination, in the room with the candidates. 6. Pimrtually at tlie expiration of the time allowed, the examiner shall direct the candidates to stop writing, and cause them to hand in thoir answer pafun-s immediately, those for fii*st and second-class being duly fa.stoiied in the envelopes. Chap. XIV.] EXAMLVATION OP CANDIDATES. 91 7. The inspector, at the close of the examination on the last day, shall secure in a separate parcel the fastened envelopes of each candi- date for a second-class certificate, and on the same day shall forward by express (prepaid), to the Education Office, the package containing all the parcels thus sepai-ately secured, together with all certificates of character, ability, and experience in teaching, which such candidate may have presented to the board, and the schedule in the form pro- vided. The inspector shall, at the same time, sign and forward a solemn declaration (aocoi?ding to a form provided by the Department), that the examinations have been held and conducted in strict con- formity with the regulations, and fairly and properly in every respect; and also, with the papers of each candidate, a certificate to the Depart- ment, that he has been siitistied as to the personal identity of such candidate, upon proper grounds. 8. In the case of candidates for third-class certificates, he shall see that the written answers are without delay read and reportetl on by the county board, and he shall thereupon see that these answers, and all reports thereon, as approved by the board, together with the list of certificates issued by it, are also, as soon as possible after the close of the examinations, transmitted by express (prepaid) to the Educa- tion Department. 9. When two or more rooms are occupied by candidates for second- class certificates, the examiner, in his report to the Department, shall indicate tlie candidates who were placed in the several rooms respectively. 10. In examining the answers of third-class candidates, two exam- iners at least should look over and report on each paper. 11. The Central Committee of Examiners shall assign numerical values to each question, or part of a question, on the examination papers for third-class certificates, according to their judgment of its relative importance. The local examiners shall give marks for tlio answers, according to the value assigned to each question and the completeness and accuracy of the answer. 12. In order to obtain a third-c3ass certificate, the marks must not be less than one-half of the aggregate value of all the papers for certifi- cates of that rank. 13. Should any candidate be detected in copying from another, or allowing another to copy from him, or in taking into the room any books, notes, or anything from which he might derive iussistance in the examinatioi, or in talking or whispering,', it shall be the duty of the presiding examiner, if he obtain clear evidence of the fact at the time of its occurrence, to cause such candidate at once to leave the room; neither shall such candidate be permitted to enter during the i I .' 9S EXAMINATION OP CANDIDATKS. [Chap. XIV. remaining part of the examination, and his name shall be struck off the list. If, however, the evidence be not clear at th" time, or be obtained after the conclusion of the examination, the examiner shall report the case, if that of a third-class candidate, at a general meeting of the examiners, who shall reject the candidate if they deem the evidence conclusive. If the case be that of a fii'st or second-class candidate, it shall be reported to the Department. 14. The inspector shall furnish to the Education Department full returns and all necessary information in matters relating to the results of the examinations. Any points relative to the examination for third-class certificates, on which a majority of the examiners do not agree, shall be referred to the Education Department for decision. 6.— Bules to be Observed by Candidates. 1. Candidates shall be in their allotted places before the hour appointed for the commencement of the examination. If a candidate be not present till after the appointed time, he cannot be allowed any additional time. No candidate shall be permitted, on any pretence whatever, to enter the roopi after the expiration of an hour from ti;9 commencement of the examination. When the order to stop writing is given, every candidate shall obey it immediately. 2. Every candidate shall conduct himself in strict accordance with the regulations, and should he give or receive any aid, or extraneous assistance of any kind in answering the examination questions, he will be liable not only to the loss of the whole examination, but to the forfeiture or withdrawal of his certificate, at any time afterward when the discovery is made that such aid or assistance has been given or received. 3. Candidates shall observe the regulation respecting copying, /iipe '\X> ivnc U- '-i^ Department. (if^i,raphi'i.- -HAr: voography. Ancient geography, as far as is necotiBary iox aiidyr,';u-/ ding the history of Greece and Home. A special knowledge of tLd geography of the British Empire. Arithmetic and Mensuration. — ^To know the subject in theory and practice. To be able to solve problems with accuracy, neatness and despatch. To be ready and accurate in solving problems in mental arithmetic. To be familiar with rules for mensuration of surfaces and solids. Algebra. — ^The same as for second-class certificates, with quadratic equations, proportion, progressions, permutations and combinations, and the binomial theorem. .^uc^trf.— Books I., II., III., IV. with exercises. Definitions of V. and Book YL, Note. — For female teachers, the first three boolcs only of Euclid are required. If, however, the candidate desires a certificate of eli^bility as an examiner, the same examination must be passed in Euclid as is required of male teachers. NaUural Philosophy and Physical Science. — The properties of matter. The elementary principles of statics, hydrostatics, pneumatics and dy- namics. A good general acquaintance with the subjects of heat, light and electricity. Chemistry. — ^The chief physical and chemical characters, the pre- paration, and the characteristic tests of oxygen, hydrogen, carbon nitrogen, chlorine, bromine, iodine, fluorine, sulphur, phosphorus and silicon. Carbonic acid, carbonic oxide, oxides and acids of nitrogen, ammonia, olefiant gas, marsh gas, sulphurous and sulphuric acids, Hulphuretted hydrogen, hydrochloi-ic acid, phosphoric acid, phos- phuretted hydrogen, siUca. Oombining proportions by weight and py volume; general nature of acids, bases and saltu; sym^ls and Chap. Xrv.] BZAMnrATioir of 0A]n>n>ATB8. ft nomenclature. The atmosphere — ^its constitution, effects of animal and vegetable life upon its composition ; combustion ; structure and properties of flame ; nature and composition of ordinary fuel. Water chemical peculiarities of natural waters, such as rain water, river water, spring water, sea water. Botany. — Applications of chemistiy to agriculture, an introductory course of vegetable anatomy and physiology, illustrated by the examination of at least one plant in each of Uie crowfoot, cress, pea, rose, parsley, sunflower, mint, nettle, willow, arum, orchis, lily and grass families ; systematic botany ; flowering plants of Canada. PhynoloQii. — Qenoral view of the structure and funcUons of the human body ; the vascular system of the circulation ; the blood and the Ijrmph ; respiration ; the function of alimentation ; motion and liioomotion; touch, taste, smell, hearing and sight; the nervous system. Book-ketping. — ^The same as tot second-olaas certificates. n.— 'PftOraUtORAL EXAMINATIOir. 1.— Oounty Model Schools. .1. A candidate for a third-class certificate shall, at the close of bis term of attendance at a oounty model school, be examined an the work of the term, together with any other subjects connecied with the practice of teaching, which the Minister may appoint. 2. Before being admitted to this, which may be called his profes- sional examination, tiie candidate must receive a certificate from the head master of the model school th^t he has, throughout the term, paid satisfactory attontion to his duties, and that he is, in the opinion of the head master, a fit person to be allowed to go up to the iexaminatiou. 3. The professional examinations in the county model schools shall be l>eld on such days lis the Minister may aj^int, and shall be con- ducted by the several oounty boards. '4. They shall be partly oral and partly in writing, according to a scheme to be prepai-ed by the Central Committee, and to be approved by the Minister. 2 — ITormal Sohools. v.. V Ccmdidalw^for Second-Clan CwtXfitsaXM. 1. A candidate fbr a second-class certificate shall, at the close' of his term of attendance at Ute xtoirmal school, be exambied in the work of the term, together- with any othw subjects connected with the prac- tice of teaching, which the Id^nister may appoint. w IZAMIKATION OF CANDIDATES. [Chap. XTY. I 2. Cfffore being admitted to this, v»hich may be called his profes- sional cxaiDination, the candidate must receive a cettificate from the princi|):il uf the nurmal schuol that he has, throughout the term, ]Mud 8ati8fiicUny attention to his duties, and that he is, in the opinion of the j)riucipal, a fit person to be allowed to go up to the examination. 3. The ])rofe8sional examinations of the normal school students shall be partly oml and partly in writing ; they shall be held at the severtil normal school seats, on such days as the Minister may appoint, and shall bo conducted by the Central Committee. Candidates for Firat-Clasa Ceriijlcates. 1. A candidate for a first^slass certificate, being a student of the normal school, shall, at the close of his session of atteudtuice at the Dorninl school, be examined in the work of the session, together with any other subjects connected with the practice of teaching, which the Minister may appoint. 2. Before being admitted to this examination, the candidate must receive a certificate from the principal of the normal school that he has, throughout the session, paid satisfactory attention to his duties, and that he is, in the opinion of the principal, a fit person to be allowed to go up to the examination. 3. The examination shall be partly oral and partly in writing ; they sliall be held at the several normal school scats on such days as the Minister may appoint, and shall be conducted by the Central Committee. 4. Candidates for first-class certificates who are not normal school students, shall undergo their professional as well as their non-profes- sional examination at one of the normal school seats, at the same time and on the same papers with those candidates for first-class certificates who are normal school students. 8.— Qaalifloationi of Monitors and Assistants—Their Certificates. Inspectors can (under the following regulations) grant certificates of qualification, which shall be valid for one year, to any senior pupil or other person, to act as assistant teacher or monitor, in a public school. The regulations are as follows : — At the request in writing of any public or separate school corpo- ration, a public school inspector may admit to examination any senior pupil, or other candidate for the position of monitor or assistant in such public '>r separate school, on the following conditions : (a) The pupil or other cancUdate shall present to the inspector a oertificate of good moral character, signed by a clergyman. Clmp. XrV."! EXAMIKATION OF CAXDIBATKS. 99 (6) The Bul)jects of examination for the position of monitor shall be reading, writing, spelling, and the elementary parts of grammar, geography and arithmetic. (c) The subjects of examination for the position of aaustant teacher, ■hall be those prescribed f'^r third-class certificates. N.B. — A competent knowledge of those subjects at the disoretian ' of the inspector shall be required. (d) No candidate shall be admitted to examination for a monitor's certificate under fifteen years of age, or from a lower class than the Fourth; nor for a certificate as an assistant under sixteen years of ige, nor from a lower class than the fifth. («) No certificate rhall be given for a longer period than one year. 9uch certificate may be specially renewed for twelve months at the discretion of the inspector; but no certificate shall be granted a third ime without re-examination. (/) A. certificate may be suspended or cancelled at the discretion yf an inspector, for any cause which he may deem sufficient to war^ trnt it. (g) All certificates granted, suspended, or cancelled, and all other lifformation desired, shall be duly reported by the inspectors to tfas Ifinister. (Revised School Act, sec. 194, cl. 25, and Official Bega> «ations.) N.B. — ^When the pupils enrolled in a public school amount to more than fifty, and less than one hundred, the trustees must employ aa aflsistant teacher. Note. — Under no drcomstances can an assistant or monitor holding certificatSi fntoi an inspector mder thjese regulations, be placed in charge of a scnooL (Soi section 12 of chapter ziii.) 4.- Oertifloates to Teachers in remote Townshipa. Inspectors are also authorized (under the prescrj^ regulations) to grant certificates of qus^catlon to teachers, which shall be valid fbr a stated period, in new and remote townships. (Sec. 194, cl. 24.) 7 ill ¥ ''•^ [100] CHAPTER XV TERMS, HOURS OF DAILY TEACHING, HOLIDAYS AND VACATIONS.* 1. Temu and VaeaUont.-^'the public adiool year shall caaaaab o, two terms : the first shall begin on the third day of January, and end on the seventh day of July; the second shall begin on the eighteenth day of Augi^fe, and end on the twenty-third day.Qt December. There shall be two vacations during the year for publv schools : the summer vacation shall be from the eighth day of Jul to the seventeenth day of August inclusive; the winter vacation from the twenty-fourth day of December to the second day of Jsmuary inclusive ; in the case of united public and high schools, and also ot Eublic schools in cities, towns, and incorporated villages, in which igh schools are situate, the vacations shall be the same as are pre^ scribed for high schools.* ' • ' The high schools shall open on the seventh day of January, and closf on the Thursday before Easter ; they shall reopen on the firsi Tuesday after Easter, and close on the thirteeutb day of Jidy ; thegr shall reopen on the first day of September, and close on ' e twenty- second day of December. There shall be three vacatioij for high schools In the year : the Easter vacation to extend from Good Friday to Easter Monday, inclusive; the siunmer vacation shall begin on the fourteenth day of July, and end on the thirty-first day of August ; and the Christmas vacation shall begin on the twenty-third day of December, and close on the sixth day of January ; and the hu^h school boards are authorized to dismiss during the period when tb6 intermediate examination is going on in such schools, those pupils who are not engaged in the examination. 2. ffolidaj/8. — ^The schools shall be taught on all week days during the term except Saturdays, the anniversary of the birth of the Sovereign, Dominion Day, any local municipal holiday, and such day as may be appointed by the Governor, or other competent authority, for a public fast or thanksgiving throughout the Province. * In order also to tt»h\e ti.<: Education Department to make an equitable proportionment to Roman Catholic separate schools in citiei, towns and villages where united high and public schools exist, it is required that both the public and separate schools shall observe the regulation! affecting holidays and vacations in the high schools ; in ascertaining the average yearly attend- ance at the separate schools, the inspector will report to the pepartment for its cong:deration such da/s on which, under the discipline of the Roman Catholic Church, the school is closedi and mention what, if any, equivalent! in time have been made up on other days in which the public •chools ore dosed. Ohap. XV.] TxiiMS, HOUM or dailt TBAoanro, ira 101 3. Hown. — The «xeroiafla of the day shall oommenoe not later than HiHi o'clock a.m.» and shall not exceed six hours in duration, exclu* rive of the time allowed at noon for recreation, and of not less than tvn minuteif during each forenoon and each afternoon. Nevertheless, a less number of hours of daily teaching may be determined upon in any school at the option of the trustees. All tt hers shall be in tiieir respective schools, and open their rooms fur the reception of pupils, at least fifteen nunutes in the morning and five minutes in the afternoon, before the specified time for beginning school; and during school houts they wail faithfully devote themselves to the duties of their office. Care must be taken to have the school house ready for the reception of pupils at Iwflt i\fUen minutes before the time prescribed for opening the school, in order to afford shelter to those who may arrive before the appointed hour. Note. — No lost time can be lawfully made np by «nv teacher on any holiday or during the vacations ; and if so nude up, it must be disallowed by the in* spector. 6. AU AgreemerUa between tnisteee, masters and teachers shall be subject to the foregoing regulations , and no master or teacher shall be deprived of any part of his salary on account of observing allowed holidays and vacations, and masters and teachers shall be entitled to salary for the holidays or vacations immediately following the close of their period of af^-vioo. 6. Absence — Sickt»a8. — ^No master or teacher shall be absent from the school in which Le or she may be employed without permission of the trustees or invpector, except in case of occasional sickness, in which case the absence of such teacher shall be immediately reported to the trustees ; and no deduction from the salaty of a teaoher shall be made on account of such sickness, as certified by a medical maUi at the rate of not exceeding four weeks for the entire year; which period may be increased at the pleasure of the trustees. 7. Visiting Schools. — ^The inspector may permit a publio School mas* ter, or teacher, to be absent two of the ordinary teaching days in each half year, for the purpose of visiting and observing the methods of classification, teaching and discipline practised in other schools than that in which he or she teaches ; and such visit, with the name of the school or s jhools visited, shall bo duly reported by such master or teacher to t ae inspector. Each publio school master and teacher must give at ieast three days' notice to the trustees. In order that no loss of apportionment may accrue to any school in consequence of the master's absence under this regulation, a proportionate amount of average attendance will be credited to tiie school for the time so employed by the teacher ; but under no circumstances can lost time be lawfully made up by teaching on any of the prescribed holidays or half holidays, nor will such time be reckoned by the Department, r i«.f 102 DUTIES or PUPILS IN THK PUBLIC 80H00LB. [Chap. XVL or be allowed by the inspector. Such permission shall not be given by the inspector if the absence of the teacher will be, in his judg< ment, injurious to the interests of the school ; nor shall this permiai sion be granted to any master or teacher who fails to reiK>rl, or who has employed the time heretofore given to him otherwise than in visiting schools, aa authorized by this regulation. The privilege of visiting other schools for two days each half year is also permitted to the head master of a high school, but it is neces- sary that he should give three days' notice to the trustees, and also obtain the consent of the Education Department, in order that he may not be absent at the inspector's visit. He should note hi;, time of absence on the half-yearly return, in order that the proportion of attendance may be credited and the school saved from loss. CHAPTER XVI. DUTIES OF PUPILS IN THE PUBLIC SCHOOLS. 1. Cleanliness amd Good Conduct. — ^Pupils must come to school clean and neat in their persons and clothes. Tliey must avoid idle* ness, profanity, falsehood, and deceit, quarrelling and fighting, cruelry to dumb animals ; be kind and courteous to each othei*, obedient to their instructors, diligent in their studies, and conform to the rules of their school. 2. Tardiness on the part of pupils shall be considered a violation of the rules of the school, and shall subject the delinquents to such penalty as the nature of the case may require, at the discretion oi the master. 3. Leaiwng before Closing. — No pupil shall be allowed to depart before the hour appointed for closing school, except in case of sickness. or some pressing emergency ; and then the master's or teacher's con- sent must first be obtained. 4. Absence. — A pupU absenting lumself from school, except on account of sickness, or other urgent reasons satisfactory to the master, forfeits his standing in the class, and his right to attend the school fix* the remainder of the quarter. 6. Excuses — ^Any pupil not appearing at the regular hour of com- mencing any class of the school which he may be attending, without a written excuse from his parent or guardian, may be denied admit- taace to such school for the day, or half day, at the discretion of the teacher. Chap. XVI.J DDTiKS or pupils m the pcbuo bohoou. lOS 6. Punctual Attendance. — Every pupil, onoe admitted to ■ohool, and duly registered, shall attend at the commencement of each term, and continue in punctual attendance until its close, or until he is regularly withdrawn by notice to the teachers to that effect ; and no pupil violating this rule shall be entitled to continue in such school, or be admitted to any other, until such violation is certified by the parents or guardians to have been necessary and unavoidable, which shall be done personally or in writing. 7. What School to Attend. — ^Pupils in cities, towns, and villages shall be required to attend any particular school which may be desig- nated for them by the inspector, with the consent of the trostees. And the inspector alone, under the same authority, shall have the power to make transfers of pupils from one school to another. 8. Absence from Examination. — Any pupil absenting himself from examination, or any portion thereof, without permission of the mas- ter, shall not thereafter be admitted to any public school, except by authority of the inspector, in writing; and the names of all such ab^ntees shall be i-eported by the master immediately to the trustees; and this rule shall be read to the school just before the examination days, at the close of each quarter. 9. Going to and from School. — Pupils shall be responsible to the master for any misconduct on the school premises, or in going to or returuing from school, except when accompanied by their parents or guardians, or some person appointed by them, or on their behalf. 10. Supply of Books. — No pupil shall be allowed to remain in the school unleB9 he is furnished with the books and requisites required to be used by him in the school ; but in case of a pupil being in danger of losing the advantages of the school, by reason of his inability to obtain the necessary books or requisites, through the poverty of his parent or guardian, the trustees have power to procure and supply such pupil with the books and i-equisites needed. 11. Fees for Books. — ^The fees for books and stationery, &c., as fixed by the trustees in cities and towns, whether monthly or quar- tei'ly, or fees for non-resident pupils, shall be payable in advance ; and no pupil shall have nght to eni>er or continue in the school imtil he shall have paid the appointed fee, or it shall have been paid on his behalf. 12. Property Injured. — Any property of the schools that may be injured or destroyed by pupils, must be made good forthwith by the parents or guardians, under a penalty of the suspension of the delin- quent pupil. (See (7) of regulation 3 of the " Powers and Duties o/ Masters.") i I ! I 104 BOBOOL ACCOimODATIOir. [Chap. XVII. 13. Contagioua DUetuet. — No pupil shall be adnaitted to, or con- tinue in, any of the public Bchools who has not been Taocinated, or who is afflicted with, or has been exi)08ed to, any contagious disease, until all danger of contagion from such pupil, or from the disease or exposure, shidl have passed away, as certmed in writing by a medical man. 14. Ejffecti of ExpuMon. — No pupil shall be admitted to any pub- lic school who has been expelled from any school, imless by the writ* ten authority of the inspector. (Soe regulation 4, Dttlie$ of Mcutera.) 15. Certificate on Leaving. — Every pupil entitled thereto shall, when he leaves, or removes from a school, receive a certificate of good conduct and standing, in the form prescribed, if deserving of it CHLAJPTER XVU. REVISED REGULATIONS AS TO SCHOOL ACCOM- MODATION. I. — Rural Schools. The public school law as now amended (see sec. 102, d. 8) requires trustees of rural school sections to provide adequate school accommo- dation in their sections, " so as to accommodate at least two-thirds of the children who have the right to attend the school of the section, according to the census taken by the trustees for the next preceding year." This includes all children resident in the school section between the ages of 5 and 21 years, and also children from adjacent school sec- tions, whom the trustees are required to admit upon certain conditions. The school accommodation required by the Act for school houses hereafter to be erected, is hereby defined as follows, and these requisites are to be construed to apply also to existing school houses, so far as the circumstances of each section may enablo them to be complied with, without pressing unduly upon the resources of the section. In- spectors will see to the carrying out of the regulations. Special cases <^ omission or difficulty to be reported to the Department for decision or advice. 1 — Bural School Site, House and Appendages. 1. 60 Children and under — Site. — When the number of children resident in a section is fifty or under, the site for the school house shall not be less than half an acre in extent. Chap. XVII.J SCHOOL ACCOMHODATIOM. lor. 2. Ovw 50 ChUdrm—Sits. — When the number ezoeedfi fiftj, thn Bite shall not be less than an acre in extent. 3. Kind o/Hotue. — On such site there sliall be a substantial school house of wood, brick, stone, etc. (the kind to be determinod at the ))loii8ure of the trustees), set back at least ten yards from the road or Htrcot ; the walls of the house shall not be less than ten feet high in the clear. It shall not contain less than twelve square feet on the floor for each child who has the right to attend (to the extent of two- tiiiiHls of the total number as aforesaid), so as to allow an area in each room, or gallery, for at least one hundred and twenty cubic feet of nil' for each child, including space for teacher platform, and passages hntwoen the seats.* It shall also be sufficiently warmed and venti- latod, and the premises properly drained, to the satisfaction of the in8[)ector. 4. SeparcUe Entraneu. — In school houses for more than fifty pupils, there shall be separate entrances for boys and girls, with neceasoi-y cap and cloak rooms attached. H. Fencet. — The school premises shall be strongly fenced, the play yards in the rear of the school house Iwing invariably separated by a high and tight board fence, or wail; the front ground being planted with shade trees. 6. Well. — A well, or other means of procuring water for the school, satisfactory to the inspector. 7. Oficea. — Proper and separate offices for both sexes shall be pro- vided at 8011)0 little distance from the school house, and suitably enclosed or uihorwise masked. iti t il t' I 2.— School House Aooommodation and Teachers. 3. 60 Resident Children. — For a scliool section having fifty resident chiUlran or under, tliere shall be a house witli sobool room and com- fortable sittings for the children, and the trustees may also provide a gallery or class room. There shall be one teacher and, at the option of the trustees, a monitor to aid the teacher. 4. 100 liceideni Children. — For a section having one hundred resident children, there shall be a house with two class rooms with comfortable sittings (one for an elementary and one for an advanced division), and the trustees are recommended to provide a gallery. There shall be a toucher and assistant, and at the option of the tru8« tees, a monitor. * Thus, for instance, a room for hftv children would require tpace for 0,3oe cubic feet of air. This would be eqiul to a cube of the (allowing or e(|uivalent dimensions in feet, viz.: 30X aoX lo^ which i!> equivalent to a rooin jo feet long t^ 10 wido, and 10 l^et high. Note. — '/ trnptraturt. ■ In wintei, the temperature during tne hrst school hour in the lorenoon or aftemuOD, ahould not eA«;eeU yu, liod to degrees during the rest ot the day. 106 SCHOOL AOCOUIIODATIOir. [Chap. XVII. 0. 160 Retideni Children. — For a section having one hundrerl nnd fift^ residoQt children, a houoe having one gallery and two good class rooniH with comfortable sittiugK, and one teacher, an aHsistant and mouibui ; or a house Uuviug u gallery and two ai>artmenta (one for aa eieuieiitary and one fur au advanced department), with A teacher and two awtuttants. If one commodious building cannot be secured, two houHes may be provided in different parts of tlie section, with a teacher and assistant in each. A monitor may be ap|x>intod to prepare the younger children for the maHter, the duty of the assistant being con- fined to the preparation of the more advanced pupils. 6. Over 150 Besident Children. — For a section having over one hundred to one hundred and titty resident children, the regulation for accommodation for village schools shall apply. n. — Cities, Towns and Villages. It is the duty of the public school board, under the amended Ihw of 1877. CO deUu'uiiue the number and kinds of schools to be estab- lished aud maintained in the municipality; and in order that this duty may be detinitely regulated, the following are to be observed by the respective public school boards, that is to say;— • 1.— School House Acoommodation and Teaohen. 1. 150 to 200 KesidetU Children. — For a village or town school, having from one hundred and fifty to two hundred resident children, a brick, stone or frame bouse shall be provided by the board, having in it one or two gulleiies, and three apartments (one for an elemen- tary, one for an intermediate division, and one for the highest division), and by means of a sliding door, one good class room, at least, common to the two latter; also three teachers and an assistant, and at the option of the trustees, a monitor. The area of each room or gallery shall be such as to secure a space of at least one hundred cubic feet of air to each child to be uocommothited therein. If necessary, schools may be provided at the pleasure of the trustees for the diflTerent depart* ments in di£ferent parts of the village, town or division. 2. 200 Resident Children and upwards. — For any village or town having two himdred resident children and upwards, a house or houses with sufficient accommodation for the different elementary and advanced divisions shall be provided as above prescribed. III. — As TO ALL Public Schools. Tlie Offices shall be constructed so as to possess these essential pai^ ticulars, viz.: — 1. The privy building, or closet^ should be masked from vieW| and its approaches equally so. CJhAp. XVII.] SCHOOL ACCOMMCPATIOV. 107 2. There should be little or no exposure to mud or wet weather in reaching it. 5. There should be no iinpleasant sight or odour perceptible. 4. The apartment should be well finished. 6. It should be kept entirely free from cuttings, pencillings, or markings, and scrupulouiily dean. 6. There should be, at least, two privies attached to each mixed school, and they should be so separated that neither in approaching nor occupying them can there be either sight or sound observed, in passing, or from one to the other. This cannot be eflfccted by a mere partition; nothing can secure the object but con8idoru1>Io distance, or extra heavy brick or stone walls resting on the ground, lb i a serious error ever to omit this precaution. Fumiiure and Apparattu. — Desks, seats, black-boardfl. maps, liblrary, presses, books, and othor furniture necessary for the Icient oondu« f of the schoi^l, shall be lumished. Suffgestions as to Sohool Buildings. T;:ustee8 and school boards are recommended to pay due attention to the following particulars in the erection of school houses, viz. : 1. The school house should be but one atory high, in rural sections. 2. A separate room should be provided for every fifty pupils enrolled in the school. By means of sliding doors, these sepai'ate rooms could be thrown into one on special occasions. 3. Provision should be made for one or more gallery or class rooms in every school, according to its size as heretofore prescribed. 4. Separate entrances with outer porches to the school house oi room, for boys and girls, should invariably be provided, where the number of pupils is over fifty. 6. The entrance porches should be external to the school house. 6. The external doors of the school house should open outwards. 7. The sohool rooms must be well ventilated. 6. The light should be admitted to the school and class room behind or at the left of the children, and either from the east or north; but in no case should the children face it. 9. The window sashes should be made to move up and down on pulleys, and the sills should be about four feet above the floor. 10. Each school house should be provided with a bell. 108 TEACHEB8 ASSOCIATIONS. [Chap, XVIII. 11. If the house be brick, care should be taken to make the walls hollow, but air-tight, otherwise the walls will be damp iiuide. Note. — Each inspector is furnished, by the Department, with Dr. Hodgins' book on School Architecture, which supplies useful plans and suggestions for the guidance of trustees ; and the inspector will assist the trustees in giving effect to the above recommendations. CHAPTER XVIH. REGULATIONS RESPECTING "TEACHERS' ASSO- CIATIONS." The following regulations shall applj to and govern "teachers' associations:" 1. In each county or inspectoral division a teachers' association shall be formed, the object of which shall be to read papers and discuss matters having a practical bearing on the daily work of the school room. 2. Officers. — ^The officers of the association shall be a president, vice- president, and secretary-treasurer. There shall also be a management committee of five. The officers of the association and the management fonuuittee shall be elected annually. 3. Meetings. — The association rhall meet once during each half year, and shall continue in session two days, which shall be deemed as visiting days. The time and place of the first meeting shall be fixed by the inspector. Subsequent meetings shall be held on such days and at such places as the association may determine. 4. Sesaiona. — ^The sessions on the first day shall be from 9 a.m. to 12 m., and from 2 p.m. to 5 p.m. On the second day from 9 a.m. to 12 m., and from 2 p.m. to 4 p.m. 5. Progrcmime. — The subjects for discussion and order of business shall be determined by the management committee and officers of the association; and all teachers in the. county or inspectoral division shall be notified of the subjects at least one month before each meet- ing. The work of the association shall be as practical as possible; and at every meeting illustrative teaching of classes should form a prominent part of the proceedings. All questions and discussions foreign to the teacher's work should be avoided. The programme for the first meeting of the association shall be drawn up by the in- Chap. XVIII.] TEACHEBS' ASSOCIATIOyS. 109 spector, and by such teachers as he may call to his assistance, of which notice shall be given as above. 6. It is recommended that a public lecture be delivered either by the inspector or some other suitable pe^aon on the evening of first day's meeting. 7. In case one or more persons should be appointed by t-he Depart- ment for the purpose of more fully enabling the associations to accom- plish the purposes for which they are established, such persons shall report upon the efficiency of each association with the view of its being entitled to receive from the Department and county corpora- tions the appropriations authorized by the l^islature, and, in the meantime, such report shall be made by the inspector. 8. In case the inspector, from time to time, reports tx) the Depart- ment the continued efficiency of the association, the association will then, and not otherwise, be entitled «)u zeceive the said legislative and co\mty appropriationa. a»^ OLAaM. * Od!, PKIIITRBS, OOtBOBIIB irMeT. YOSOIITO, M^F