*5. \M IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■so ■■■ B^H ■^ 122 12.2 I MR 2.0 1.25 1 U , ,6 ^1 6" ^ Photographic Sciences (Jorporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 87!t-4S03 ^^J' ^p CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical IVIicroreproductions / Institut Canadian de microreproductions historiquc :V Technical and Bibliographic Notas/Notas tachniquaa at bibiiographiquaa Tha instituta haa attamptad to obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may b# bibliographically uniqua, which may altar any of tha imagaa in tha raproduction, or which may significantly changa tha usual mathod of filming, ara chackad balow. □ Colourad covars/ Couvartura da coulaur I — I Covars damagad/ D a n D Couvartura andommagia Covars rastorad and/or laminatad/ Couvartura raataurte at/ou palliculte □ Covar titia miasing/ La titra da couvartura manqua n Colourad mapa/ Cartaa gtegraphiquaa 9n coulaur Coloured ink (i.a othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) Colourad plataa and/or illuatrations/ L_J Planchaa at/ou illustrationa 1% coulaur Bound with othar matarial/ Rall4 avac d'autraa documants Tight binding may cauaa shadows or distortion along intarior margin/ La ro liura sarrAa paut causar da I'ombra ou da la diatorsion la long da la marga Intiriaura Blank laavas addad during rastoration may appaar within tha taxt. Whanavar possibla. thasa hava baan omittad from filming/ II sa paut qua cartainaa pagaa blanchaa ajoutias lors d'una raatauration apparalaaant dana la taxta. mala, lorsqua cala itait possibla, caa pagaa n'ont paa «ti film*aa. L'Instltut a microfilm* la maillaur axamplaira qu'il lui a M possibla da sa procurar. Las details da cat axamplaira qui sont paut-Atra uniquas du point da vua bibliographiqua. qui pauvent modifier una image raproduite. ou qui pauvent exiger une modification dans la mAthoda normale de filmage sont indiquis ci-dessous. □ Coloured pagaa/ Pagca da coulaur r~n Pagaa damaged/ D Pagaa endommagAes Pagaa restored and/oi Pages restaur^as at/ou palliculies |~~] Pagaa restored and/or laminated/ □ Pages discoloured, stained or foxed/ Pages dicoiortes, tachettes ou piquies □ Pagaa detached/ Pages ditachtes I — j Show L_j Trans Showthrough/ oarence .vy of print varies/ C'jal«.i inAgala de I'impression pn Includes supplementary material/ Comprend du matiriai supplimentaire Only edition available/ Saula Mition disponible Pages wholly or partially obscured by errata slips, tissues, etc.. have been refilmed to ensure the best possible image/ Lea pages totalement ou partieilement obscurcies par un feuillet d'errata. une pelure, etc., ont it* filmies A nouveau de fapon A obtanir la meilleure imege possible. Additional comments:/ Commentairea suppiimantairas: Paget 69-70 are mining. This copy is a photoreproduction. This item is filmed at tha reriuction ratio checked below/ Ce document est film* au raux da reduction indiqu* ci-dessous. 10X 14X 18X 22X 2fX »x y 12X 16X aox 24X 28X 32X Th« copy filmed h«r« has bMn r«produc«d thanks to tha ganarosity of: Law Library York University Toronto Tha imagaa appaaring hara ara tha baat quality posslbia considaring tha condition and lagibiiity of tha original copy and in kaaping with tha filming contract spaciflcationa. Original coplas in printad papar eovars ara filmad baglnning with tha front covar and adding on tha last paga with a printad or iliustratad impras- slon, or tha back covar whan approprlata. All othar original coplas ara filmad baglnning on tha first paga with a printad or iliustratad impratf- sion, and anding on tha laat paga with a printad or illuatratad impraaaion. Tha last racordad frama on aach microficha shall contain tha symbol — i»> (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar applias. IMaps, piatas, charts, ate, may ba filmad at diffarant raduction ratios. Thosa too larga to ba antiraiy includad in ona axpoaura ara filmad baglnning in tha uppar laft hand cornar, laft to right and top to bottom, aa many framaa aa raqulrad. Tha following diagrams illustrata tha mathod: L'axamplaira flimi f ut raproduit grica A la g4n4rosit« da: Law Library York University Toronto Laa imagas suhrantas ont 4t« raproduitas avac la plus grand soin, compta tanu da la condition at da ia nattat* da l'axamplaira fllm«, at an conformit* avac las conditions du contrat da filmaga. Las axamplairaa originaux dont la couvartura an papiar ast ImprimAa sopt filmto an commandant par la pramiar plat at an tarmlnant soit par ia darnlAra paga qui comporta una amprainta d'impraasion ou d'illustration, soit par la sacond plat, salon la caa. Tous iaa autras axampiairas originaux sont filmto an commanpant par la pramlAra paga qui comporta una amprainta d'impraasion ou d'illustration at an tarmlnant par la darnlAra paga qui comporta una talia amprainta. Un daa symbolaa sulvants apparaltra sur la damlAra imaga da chaqua microficha. Mion la cas: la symboia — ^ signifia "A SUIVRE", la symbols V signifia "FIN". Laa cartaa, planchas, tablaaux. ate, pauvant *tra filmto A das taux da rMuctlon dlff«rants. Lorsqua la documant ast trop grand pour Atra raproduit an un saul clichA, il aat film* A partir da I'angia sup4riaur gaucha, da gaucha A drolta, at da haut 9n baa, an pranant la nombra d'imagaa nAcaasalra. Las diagrammas sulvants illustrant la mAthoda. 1 2 3 1 2 3 4 6 6 M • •••■-' ,,■ i' >. ^y; ■ D' "1*1.1 ■Mi • il*^ V? SCHOOL LAW LEC5TURES— PAKTS L & IL , v' O/'i IIKtHE "public ^ SCHOOL^LAW^^ ,;v# Vr^->- OP ONTARIO ; ^:'i.-^^\.-...,^'^^,i^^-^- n'^": ^ .-^r''/ .•^•' ( >—, !• •*;'^, 1^ . )(■;. ;i|^>^-Jv.'V SCHOOL TRUSTEE CORPORATIONS: MUNICIPAL COUNCILS; V /'•ijcVr ••; . ^ SCHOOL BOUNDARIES ; ARBITRATIONS AND AWARDS: ^:'^';'^^^''rVVUC school inspectors; BOARDS OF EXAMINERS: ,. w i '^> -"chief superintendent and council pf public instruction/ . ";i:: .<»"i V. ALSO, TMB ACTS ■UATIM6 ROMAN catholic; PKOTBSTANT. AND COLOURED^ SEPARATE SCHOOT^ ,;v./ V .*, v.* ::A^v-'^-'i^^^S^ ■ ■ ■■.'.;■• ;. • rt'- ^ ' •■ ■■..'••■ -J* fRED^ SEPARATE SCHOOT^ , >.-' t: ' ■ * '"^1* ■ ^ *¥*• ^^\ -.i^'- ^i v^''x':K-'iKi4^^-^^iTn A COPIOUS INDEX, './..v., ,ftS3f • -.Mu t. being the substance op lectures to NORMAL SCHOOL STUDENTS ,,.-,„ .,' 'iJ$, iSlfej- GEORGE HODGINS, LL.a, £arrister-ai-L(m,'[ ^^^^.-^--.^^ '■(.^V-V'v! ^t, D«t»^ Smferinttndtitt »/ Educmtian /or Oniant, ,.,,.■,;.. : , ' • !'-. •4;''5'*'*»-" I ■ f !■ T O R O N T O I COPP, CLARK & CO., 47 FRONT STREET EAST. 1873. . .1 ■ \ ;»...■ J jredi'- ' '■ •;"••.■/■, • ■ ■■■' ,v'*v;>^ : ,.'.3.-:'; ^ !, :«•-:■ • I- • .-' ,t ; / : .... 1.. \.t'^} •.)*"■■ . :\-^'".^H^'^^ .■"H'i'i||(''. •^•■■^•■■:-iag^> S^v.•^,*■^;:v^M^ '^^■- %■■ '"'■■^h':gM$i^^^^^'-'^^^'^^^^ •^■'■-'^■^■^■'^i^ m : Entered according to Act of the Parliament of Canada, in the year one thousand eight handred and seventy-two, by John George ; HoDGiNS, LL.D., Barrister-at-Law, in the Office of the Minister of Agriculture. . ^ . , j :■ ■ , . \^i<'^ :kiv..- . ;.•>;.• : av^ «fctc-ri '«'*'• i'"'''""* '•■','*" 'r •>•: .r-vi " , V. , .• •• ■• ■■■i^■^?J^'■' ^ ••^W^ •,.! »'?: i;:';-^ • ;■ ."'.Ml'!','*. T^\ A- '••'■ '^ ' » »'. '<.- ■.>j .... ;• ^ •\.^. t''"'' •''*:■• i<"'- ■ 'K -kt'ih! -'"I'^'.'i ■'■■■ /■•'•■. '"*• -^-',f- ■.')'" ,■' ,,.>. .■i«..,,V,. ...... y Ill iff** ""-"■-""'"' -?:■%''': •■■■ .'••^••;;;^'Vs"; 1 . . « • •■ t . T-, -'1 * ■- ■ - \r > '.■v.v - ■■\. -J . . '. ^v"> ■■■'I. **'j "^'^y? _ ■ •., y! '•■••■.> •' '• ,. ■. • r, Y . ". ' ■ ,' ■ • •. t'l'-'" •;M!'ii •"';**■,•■' ^ ■• I ;. *• .'■■■.". '•;*•• ."A"'- ■ ■■•••■■ .' i'''\-'i^.".'l«'-''^-' .■."'■'••• ■•";■■.•. <..}i--'iA;vVi'-'' .■■'•v!^ .'.'I^'^n; "^^'^^'^^Pr^^ .?;».,uS'»'. <<^.-. '■-, ii-:. n-.'iu'itV.iv'is'ii V-!/ it«.iV.'.> : Remsrks on tbe Oince of Tmstee. ......'.... 'Chaptzr 1. The Office of Trustee .:. 9 PAOK.' !;';-"'■'/ ,-.. ■ . '■■■'■■U::« 11. ■. rower .II. Powers and duties cf Rural School Trustees v., • « •' 4l'» «»-»• • •««• •-« •< ■',"'' ■'••4. General corporate powers vSL Powers and duties of Trustees in reference to Site » -J ^,A v..,,. and School House . -^v it/' ■■.'■ ^*? •>•• •'z.-:^*.'-'^';' ■. • .. I v'!'-''"!': V.^^^l'-K^ i .■■;)■.'■!'. . .School, Teachers, Jcc »t-v *F '"III. 'Powers and duties of a Secretary-Treasurer and Collector. V ii«. •■:'■, 1 ^i)^. M >4 16 30 23 34 ',' IV. ■ The Law relating to Non-Residents . . . V. . School Sect'oa Auditors — accountability of Trustees 37 VI. Public School Meetings in Rural Sections . ., 42 VIL Selection of School Sites. .^,... .....;....... .... 48 VIII. Public School Teachers '...'..;..;;..:'..... i .'.... 55 IX. Relation of Inspector to Public School Teacher 63 X. Duties of Pupils in the Public Schools ...'.... 67 XI. Terms and Vacations in the Public Schools 69 XII. Programme for the Examination of Public School Teachers . . 70 XIII. Rq^ulation in regard to the Superannuation Fund . . .'.' 75 ■•■ •••.•■r-Ji? ^%: ■ '^it.^i.'i > I ■ ■ ■■/•■v.;'' ..•^'arSV'/J;'^^'-'' ■ V-, ■'iV^'' '■■'■;] :;;^;w.> j;*--'.|. .,.v-(v»7. -.1/*./ ■<■• .^V5,.-iy^ •' Ai- 'i. ■■• ■ • 'I.'.. ■:is'.''' ■):■■■ ■■> ;;;-y.^>' ■y\ .', ,•> i ^? Vw» ' il .(.* 'i} ■,*.'w.s: .^. ..... .". . . . , 8l Poweis and duties of Township Councils and their Officers . . 87 Formation and alteration of Rural School Section boundaries 89 Formation and alteration of Union School Section Boundaries 93 Union of two or more Sections into one 95 Decisions of the Superior Courts in r^;ani to School Section AMiuuQflnCS ■••■■•••••«•••••••••••••••••••••••••••■• 93 Tovraship Board of School Trastees .....' ;........'..'.' loi Power of Township Councils to raise School Moneys 103 Decisions of the Superior Courts in regard to Township Rates 109 City, Town, and Incorporated Village Councils iia Decisions of the Superior Courts in r^ard to City, Town and Village Councils 113 Election of Boards of Public School Trustees in Gties, Towns, and Incorporated Villages 116 General corporate powers of Boards of Public School Trustees in Cities, Towns, and Incorporate! Villages 121 Constitution and Proceedings of Common School Boards. ... 123 Powers and Duties of Boards of Trustees in regard to the Site and School House 116 Miscellaneous Powers and Duties of Public School Boards . . 132 Inspectors of Public Schools 142 Power and Authority of an Inspector in the School 158 City and Town Inspectors .'. 161 General Provisions of the Law applicable u all Schools 163 Various Penal Clauses of the Statutes '. 167 County and City Board of Examiners 174 Duties of the Chief %iperintendent of Education 182 Duties of the Council of Public Instruction 186 School Visitors and their Duties 189 General Regulations for Public Schools in Ontario 190 Religious and Moral Instruction in the Schools 192 Miscellaneous Provisions of the Law ( omitted) 194 Miscellaneous Decisions of the Superior Courts 196 Text Book for the Public Schools 198 Protestant and Coloured Separate School Act 20i Roman Catholic Separate School Act 203 Analytial Index 209 Chapter L - ■" n. . n in n IV. ..■V- 'y-^- vr V. ^''.- ' . .-:i; VL ' * '• • VII. ' VIIL IX. X. *, -*'' -". " v- ■ ." XI. r:' •■• XII. XIII. . . I ■ XIV. -. ' ;' ^. XV. I ^H XVL XVIL . f \ X¥III XIX. XX. XXI XXII. • XXIII. XXIV. XXV. XXVI. " XXVII. XXf^III. XXIX. ■ XXX. XXXI. XXXII. ■♦,■■1 •., fu '■•'.■ ^^ ■ ■■ ! .V ! ^^m '^n^'f. .V. tj rir Ti'ii-i|i(nHif^|ir;**>^ • . -A'; ■ " « 7 9 3 s >3 09 13 i6 21 23 Ii6 32 42 158 61 63 67 74 82 86 89 190 19a i;. !■:, -iy ' ■J .f-rf. •*,.«>'• . ' : ■Mi' i^^^Si I*^^LIO SCHOOL TEACHERS :;• ..:> .•';wr. I •■ .: ?EACHERS . ,...,,■,■ ■^'^.^..mc • •: •.. .- •••'-■•• ..y •-.•;•;•■ ^w.'f'/ '• '>^ ^^ PROVINCIAL AND COUNTY CERTIFICATES ,.„ ■'':>".■ ^-■: .. ■■ . . . . ■ ... ..-;.v;..v. :•,■. ■■■:■•:■■■■ >^:i:W:'M.-''. OF QUALIFICATION. .■;;•...■■:••<.•':.• ■•.•'•■:• ::'.. "■ •'■").■■ BEING THE SUBSTANCE OF LECTURE? TO NORMAL SCHOOL STUDENTS , • . \s;,\. :W" 'j*^ ■.". - v." , ■ ( ...V ■ I •■.X . : .• D*^ty SuftrtHteiuleHt ef Educntien /m' Oniarie. :' ..■■'!■ •••,■)•'•■.■■■'"•' •.*.t ^,'>>',,' ': y..:. ■ , • . ■■ ..li'...' i^:...-.. r.'^-> ...^ .irp'?;^' X^! .■ 'V ; ;•. .v'-"*- .• ^ .';%*^'^r. J. GEORGE HODGINS, LL.D., Barrister-at-Law, 194 96 98 01 03 809 ' ■ ■•■ ■■"■;■ i"^ ■< ■ '■ . II- . ' 1 . .•;... .-^t-^ -,1 : ' \ ■ •.-'■ ' :;■ .-1;. ,»,.' "^;l :.i.i '-■M^t'■iti^■'. J,,'- « '^yK : T'^^f ^^^^^ according to Act of the Parliament of Canada, in the year V ■ ♦'•"^I'-Mfl '-^M •; I ■r •< . ' K^ vji^^ the public schools experience in understanding the precise meaning o( [/'■'C'^'\&'Mli'i''> . :.,i|i; ..the technical and formal words of the Statute Law, has induced me to j'' '.■l^'tj^^l ■ 'i;{prepare'in this popular form the various provisions of the School Law. ■ ;' v'/- %^jii ' ,Vthe School Law and Regulations, together with the decisions of the supe- ', v'i'^i nor courts on various points. I have very rarely given the ipsissima verba ^; ;;V^ / •', Vr vo'^ ^6 Statutes, since they are, as a general rule, so purely technical and V !; vll^ ' >''(• formal, that without explanation they are not so easy to imderstanc^ , ' ^ u' ;i,%^'*-: ''^'' *• ':.Oor Public School Acts and Regulations, &c., may now, in their present ■vz ^; form, be regarded in the light of a school code. This code embraces the following statutes, regulations and decisions : ■VI,!'.' Lf^-^, V -.S',;; I. The original School Law of 1850, (embodying, with additions, the ,1, .^v,r,jiitKk!i.l :, main features of the School Laws of 1841, 1846 and 1847). ....,•/,. vji'^?:>n;v^lf^^^^^ ■■• ;; .', X; The School Law Amendment Act of i860. , ...^ ••/ i'^^i^f^')^!•;i,^')i^■ .^^ ^'^■^<; -3.' The School Law Improvement Act of 1871.. , '■vi-^'-vr^i^''^:^i:*!^'j^»i^?^ • 4. The Official (Recommendatory) Regulations of 1871. ■ ;.^. \^^l,;. \(!6!'i^i^^- '; ■,';^ ' , 5. The School Law Decisions of the Superior Courts. , .i'\'^i^^^>^,:^••^■■^>>^:p^ .i'-;'v: & The Official Decisions of the Education Department ' "** ' ?. / .2C^l''^''!^'^'W^£ ■ >/t;;*,I have endeavored in this portion of my lectures to give the substance , ,' l' , ,, Aj''*'i^r> . . .■ '.V'Vll,-- ■.■■-, ! •r of the three School Acts, so far as they relate to the powers and duties of public school trustees in rural sections, — including the law relating to public school meetings and trustee elections, as well as the law and regu- lations affecting public school teachers,— their qualifications and duties. One of the qualifications now very properly required of each candidate for a certificate as a Public School Teacher, is a knowledge of certain portions of the School Law, etc. With a view to aid those who attend the Normal School to obtain Jiis information, the Council of Public In- struction appointed me in 1866 to deliver a course of lectures on the sub- ■■-•»■>: v«,-. •».!>■<. •.,•■.«'.'.' if;-'. f ,*■'••• 1" :yA\ iv PREFATORY NOTE. V . !; *vM , '.i^, ; ,7, ject each session to the students of that institution. The small salary attached to the lectureship was discontinued by the Government in 1868, but I have, nevertheless, continued to deliver thesr lectures gratuitously to the students. It has occurred to me, however, that as many candidates . for certificates do not attend the Normal School, they would be placed at a great disadvantage in competing for certificates with Normal School students, unless they could obtain the same information as these students on a subject so technical in many of its features as the School Law. I have, therefore, proposed to supply this information in this form. I intend shortly .to issue in the same formi lectures on the remaining portions of the School Law and Regulations relating to municipal coun* oils, city and town boards of trustees, inspectors, etc., as prescribed for ' teachers' first-class certificates. ' :f r i^/. r. .•?Prt • ■'■■ ^- 'V''^ ^^'f^/'"'!''">'^H'' ^>/^'■p^■?JJ■i^>;••i^»'•^T•^'•^■■•'•^••^* >''->t-:--'» J.G. H. ■< ^^ ■?■;■ 'J ,,■.;.■ V- ',■;,"/ Toronto, Februaiy, 187a. ' '■/•• ..,/:■ :•>... ;l;.^.v . ■•/.■,.,' ;..'•, -i •;-';• ■:- - I ■ '■■: J ■' :'■■ '■■■■■■■/ ■ r;;/.'V'<>c'^'f^V^^'''-/^--'::- / -' t'-J^r r:'^'>>T'--'^'V^' ;:^'/V ■ I. T ■ : ■ , , ■ ' . ■■■.-.' • >'f ;w :.^ ;■• ■ ■'•" '•'■.,■'•■i.- it< v>^- .V .,.v.,.. 'i.A-'f-! • ..,»;. I •• ■»♦.( < . *- . t ' I*.' ?(•''■.'''" V ■/.' ■ • ■•:''■ . ,'.;''''''V PRELBimARY REMARKS sv ■i '>! REGARD TO THE OFFICE OF TRUSTEE. tvvsr •«A'' i ■vr i.r ' 'r '- '/ <' ; NoTB.— Than art CMrtain miu!uiU« princSpIc* which tpply to the tn i t t wi lad thair oiSci,(ioBe ' . t '; of which do not ariM undnr the School Law,) to which ft u proptr to rofer in thit introductory ^ . . , ■* ■: .•; ' put of my iKturw as followi :- ' ■ ^ •-■ ■ . '»'^' » '/.'^AJ^I''* '4>«V?v''' *• "^ f*'**'*" defined.— fiL trustee may be regarded as a person to whom yl^iA^i}. ■^:ij maaty, or other property or valuables, is entrusted to expend or manage, ' ■■, j^f \Ji^^%', , '^- 4. under certain rules or directions, for the use or benefit of another party. '* ■.'".'►'?.'/. 1"^ lU - -" ■ ■ ■■■■l^::^'4-i^M^< » ^Jr'-'i a. What a trustee is expected t» do. — In the dischurge of Ins duties, a _. ^. , '!;;,"i;|Ll''V :^,#|;ltrustee is required to use the customary care and diligence usually exer- ' ^ , \':Z:^^'^. "'^if' cised by a man of ordinary prudence and vigilance in the management of . vV ' V ;', his own affairs. . ^ v, .. , , ,au. .->.■ -.,•. ■■'^■.i.\.,if .■■,.; ■■.i-r ■( ■-.>,.".''* *c^it';i ':■:'. '4i»a',-' h< ■■ ■ " '"•■'■'■ ■••..,.-<■««•'>. '^^ •-■'■.•v i'.-.v,"-7!i'.vv ..J!)^- >■ 'lUs "tYva^ v.-iJ'ISfer'i''^'' , .v>^'i* 3r XespoMsiiilities of a trustee.—K trustee is responsible : , . rV - r »< ' *. .\'0ii^eii' ■" -«S'' ■'' • -.,.••' ... . «■...,. / fc -,. .1 ^1^' ^\it^r. ''WjFf;-^ y '*jw' tA.)— For lui own acts, and for the acts of his colleagues done with his , T^si* ' .- ^•'knowledge. ■ ' ^ . , _ ■ : . :.^..,.,:^^ ..:■• ; f l^'r^j;,«{;J«^?;^ !ki "i C^')^ ^ breaches of trust or defaults committed by himself, or by »T;;f, ?^ his colleagues, to which he is ' .^ ' acquiesces, or which would not ' '■^' ' act or default. ..; (C.)— (Under the Schod Law) a trustee is personaUy responsible for : . neglect of duty, refusal to act, when lawfully required to do so, or for loss . f '^u ;v ■ of money, through his wilful act, negligence or carelessness. . • .'^,''vv! ', w-^'i? ,,..,. . ■ .. . ■.•'••''''■ 'i'.:r.v.v.'-;,V.{-.V-^/^;,.'i , yr:'.-.'s 4- IV^ a trustee can do. — He may^with the consent of his colleagues: . , ■■'■' ■■■''vi^t ■r ^' (A.) — Defray out of the trust fund expenses legitimately and properly"' ' J."' "s;' incurred. (See Decisions of the Courts, page 15— (10) on page 32.) >/' • • «■■'■■•», < . .-■ .)*'?<*..• ^ wv;.;. (B.) — (Under the School Law)— Receive remuneration as collector of ^i-'f ;7 School rates. • ■ ■ -. •:.':iifhi ■ ■ -/i- .Ai!^.:v^ ^'A^ir ' '■■' (C.)— (Under the School Law) — Receive payment for a school site. ■'• S*?': 5. JVAat a trusted cannot <£».— Unless modified by Statute,. or other ' • ; ; ^ v' . -authoritative direction, a trustee cannot lawfully: r vU* ? • ■i.:,.M;':^V':(^i::f^:f^, :'•. (A.) — Receive, even with the consent of his colleagues, any salary or ' . * f "'^'fV^" - remuneration for his services. ... .>,",'.■/ v (B.) — Make any personal profit out of the trust. . . . i • '('.•'. .' .•/ :..'...( ■ ,* • . . ': '': -Vli;// ; (C) — Mix up trust money or accounts with his own. /;;; .^ V :t '^\-^'''\'^y}!* (D.)— (Under the School Law)— Enter into a contract with, or ha/e a ' .. . '.^ »•. " pecuniary claim (except in two instances ; see above) on the corporation ; , . of which he is a member. r' .'*t. •it ' ■ - ' ■ lp"pi 1 .^ <• ■.'■ ,' ■ "l" . • , , '"■.*<. :< ■ ■■- ■■K:Kf:^'-r. ..■■;7)'$ ■ ■/.'.. •■• V > i ■•■.). ■ i " t ■>'.■'■' -• i. . •^'ic,-:*^: 'v:.:?-;>^■ .,.."•»■■■•■■'. ' I...'- . • .■.: ; ■■'■ '[:-."•' ■■'■■•' * • •. *."v'*. ' '■/ ■ "■'. ' .'/■'. ■■ ••>-.■.;:-•' ' '■•.•.•■.•' i\...i-,i- . ■■■-■': •■ :■ • . ,■;•■■,•('•■,■ .>iv-V;V ,'■ '-f'' ■^ ^ ^•■^v- : .•5>'.'. . , ■■'■:'■*' ■■ ■■■ ••■•••:...■/''•. 'W .^ ., ,. .. • ••> " ' .• ' ■:..;••■.(; ■■'- ■ I t' 1 .' '■■J »» ■. '-ir V.-. ■■'k r ; ■ , > ■■^m^ V.' ■:r ''■..•): ■'•'i I "Vi: ■ f : *'. . ■ , y < '■^}-J . , -. !'' "■ ' 'V^' i. " . ...V:? -'?•;.•; ••?, ■..•■•:.^i ilR v, •' ■ . '•' ■•,'••• ..'.v"; ■•■'■■•' ••.^' •tVM.i}' PREFATORY, NOTE. ,.;:/ .. :t» .'■.?' v ■(•■''/ /.■.',i'>'ii. ;•■<■■ ,■ ■ • : ■■■■ : ■ '■■■' ■ ■ ■' ■ .■:■ ■■'■■■■ ■.■.-.': .,,, ■-. ■.•j:^ .t''v *■■.■;..;"•■, PRELIMINARY REMARKS IN REGARD TO THE OFFICE OF TRUSTEE. i.' A Trustee defined. .2. What a Trustee is expected to do. . 3. Res- •• ?onsibaitie9 of a Trustee. . 4. What a Trustee cannot do. 5. What a .. "rustee can do. 6. \ '" ll ... ..;,•.■•■•; V,-. :■♦■ ■-;;■.• i;r/>i' CHAPTER I. ■■••■;■■.•. ■•.■'■ V)''.' ^'^ •■•■.■.' /..J "■■ '■■■■: ; !■.'.>;":■ >:/;.' itMtVi^*^ OFFICE OF TRUSTEE.^ _ -■ (Vm;-; :;i(;t,V^^v\? ^'S^ji'^ I, Who may be a Public School Trustee. 2. Who may not be a Trustee. 3. How the Office of Trustee may be vacated. 4. Declaration of office. 5. Term of office. 6. Trustees in altered sections. 7. Power of retiring Trustee. , 8. Personal liability of Trustees. 9. Decisions of the Supenor Courts on the subject- " -;>^;-^' '.^'V'^JcrJ ■■■'>■ ... : . ... ^. -^y ¥^:-^UKy>?;:^/vcHAPTER I'i;' • ^ '^'■^■;'^^^^^^^'^^^^ ;r,(;,';.U!'L-;''??;'.5',=r'^ JPOWKRS AMD DITTIES OF TRUSTEES. '■.■'••;^- •.^'•:>:*"'-'i}t'; >-«'*'"l I. Trustees to be a Corporation. 2. Powers and liabilities of a Corpo- ration. 3. Decisions of the Superior Courts in regard to School Trustees. 4. Duty of Trustees in regard to a school site. 5. Trustees to acquire and hold school property. , 6. Necessity of a deed for school site — Form of deed. 7. Registration of School title. 8. When Trustees may sell School site or other property. 9. What constitutes " adequate School accommodation" — General directions to Trustees. 10. Erection of a School-house, Teacher's residence, &c. 11. Use of School-house. 12. Duty of Trustees in regard to care and repair of School-house. 1 3. Deci- sions of the Superior Courts in regard to School sites. 14. Right of Trustees in regard to Teacher, apparatus, books, &c. 15. Who shall determine the expenses of the School. 16. Free Public School Library. 17. Who have a right to attend School. 18. Authorized text-books to be used. 19. Trustees' visitation of Schools. 20. Second, or Female School. 21. Duty of Trustees and Teacher to report. 22. Orders to qualified Teachers only. '■'■■''''•■'' CHAPTER III. " ■ •'•••'■-':;. .'/i' ■• ■ POWERS AND DUTIES OF A SECRETARY-TREASURER AND COLLECTOR. I. Appointment and duties of Secretary-Treasurer. 2. Penalty on Secretary-Treasurer and Trustee for refusing to account. 3. Action of Trustees against Secretary-Treasurer. 4. Appointment and duties of School Collectors — Form of bond of Collector and Secretary-Treasurer. ,. ,■ 1. _ ,, . ^ ,' . . , _ , . ,. - .'' », . -.-I ., ^- ., \,- ; i' ' .' . "''I ■ ■■•>'.;■ .■.■;;:■;■■'',.■„.'.'•■* .':■■:[:■■ \\\:ry ■■■ '■■■'};:'y y .' ■■■/■'■.:'■[ :ri^' ... . . !■:«,., :«•>■ CONTENTS. 'V,; '.i:.;,:-* y.^^, Vt< ••■ •••••j' .••-■••.'..Tv^'i;--'' 'I.- " ^.^^' ?>*>..- . F )• < ' ■■^'^•.• 'v...■: f, '■•■.J",' .fj" ■ ;,■■<' •V 1' . 5. School rate roll and warrant— Form of rate roll and warrant. 6. For wh?.t a School rate may and, 7, may not be collected. 8. Township Assessor's and CoUector's rolls. 9. How the Trustees must be guided in making out their roll. 10. Powe*^, duties and liabilities of School Col- lectors. 11. Decisions of the Superior Courts in regard to School rates and Collectors. 12. Application to Township Council to collect rates. '.V'A'i- t ' ,-.,:t ■■ iV A Resident defined. 2. A Non-resident defined. 3. Non-residents Uable in then- own section. 4. Rights of Non residents. 5. Restricted authority of Trustees. 6. Definition of the Lands of Non-residents. 7. Unoccupied land, but owner known. 8. Owner non-resident and un- known. . 9. How to collect rates from non-residents. .10. Decision of the Courts in regard to Non-resident rates. CHAPTER V, SCHOOL SECTION AUDITORS— ACCOUNTABILITY OF.TEUSTEES, ' ■ ' • .• ■' •.■: ■,•■,■''• •/>.i>r-,..'' I. When, and by whom, must School Auditors be appointed. 2. Audi- ■ ■'%.; tors' time of meeting. 3. Object of the audit. 4. Duration of the audit. ' V^' 5- When, and to whom, is the Auditor's report to be presented. 6. Au- *•' '". thoritv of the Auditors. 7, 8. Obligation on Trustees and others in .•.:,v regard to the audit 9. Responsibility for lost moneys. 10. Lawfulness \_V-v<.^C3^P^>dcy of Trustees' expenditures. 11. What are lawful expendi- ~r.' fares. 12. Summary in regard to School Section accounts. 13. Sum- ^ Hiary of duties of Trustees. ,y, >.,;■, r ,• r.:-.^ ;rSt^ 'A\-y.-i-\ ■ CHAPTER VL PUBLIC SCHOOL MEETINGS. V" .■ i : -. .^..^^/.^J. I. Day of Annual Meeting. 2. Public Notice of Meeting. 3. Who are School Electors. 4. Declaration of Electors. 5. Appointment of Chairman and Secretary. 6. Duties of Chairman. 7. Duties of Sec- retary. 8. Prescribed Order of Business. 9. Rules to be observed. 10. Optional Rules. 11. Business of the Annual Meeting. 12. Trustees and Auditors' Report. 13. Who may be a Trustee? 14. Modes of Trustee Election. 1 3. Complaints to the Inspector. 16. Appeals to the Chief Superintendent. 17. Special School Meetings. 18. What a Special Meeting can do. 19. What a School Meeting cannot do. . »■ ■ -.^.■■■ ..'.!C'-i ia.x*w i;' 'X •, /^ . ;.•.'^:■•,■■rt• ■ 'vA-! ■'vV^'li 4 '^-y' ■ ■■■■- CHAPTER VH. ', SELECTION OF SCHOOL SITES. • I. When a School Site must be chosen, 2. Joint action of Trustees and Rate-payers necessary. 3. When a meeting cannot be adjourned without appointing Arbitrators. 4. Remedy in case of failure to call a Meeting or appoint an Arbitrator. 5. Remedy in case an Arbitrator refuses to act. 6. Power of the Arbitrators— Kind of site to be selected. 7. " Making" and "Publishing" an award. 8. Summary of Geneml Rules in regard to Arbitration. 9. Power of and restrictions in School Meet- ings in regard to "awards." 1 0. Power of Trustees in regard to enlarging f^^i'tii'i^r w^^s-m^v^^^^^^, .■!M^ CONTENTS. \^*-i:V\^^' ' •:, '•':^. '"v,;"y.. ^ '■''';•; •■ ... .. - . ,,- a School site. 1 1. Sale or exchange of the old site. 12. Owner of land ' « must either sell it, or submit the matter to arbitration. 13. Power and ■ . ■ . privilege of the owner only relate to a new and not to an old School site. ,•■■;■:•/■ 14. Township Councils may purchase School sites. 15. Decisions of the ' i'^i' Superior Courts in regard to School sites. ■:''/• .,t>vi.„/.f- >•;v#VV. visiting, visitors, presents, Teachers* meeting. 12. Decisions of the' • s^*-'^' Courts m regard Teachers. •• J- ^^- -^ ;'.y „• ■ • ^ i ^■■■'.i^vU'-'^^. OBLIC SCHOOL TEACHERS. ' M^".?''^' I -Jf: ' ". «■• CHAPTER • KBIAIXON OF INSPECTORS TO PUBLIC SCHOOL TEACHERS. I. Power and duty of ah Inspecfor, il. T^sitation of Schools. 3. /Lu- thority of an Inspector in a School. 4, Procedure in visitation. 5. Inter- course with Teachers and Pupils. 6. See to attendance at School. 7. Teachers visiting other Schools. 8. Payments to Superannuation Fund. 9^ Cheques to Teachers. 10. Granting Special Certificates. 11. Suspen- sion of Certificates. 12. Verify attendance of Pupils. 13. Check against incorrect returns. '■■ ' '■' '■ \ •• • ,■ ■ .^ - ■, : , .' , . ,.. • V .'•. . 'MW: ' CHAPTER X. ■ '■'" • ^' ^ - .■\?''':. •"'';• ••; ' ;\' A;' .'.. DtrnES of pupies in the public SCHOOLS. '"'■'■' ■\V.'"' ' ■■"" "^■"""^^''' 'jiWf^hvCHAPTER.XI. TERMS AND VACATIONS IN THB PUBLIC SCHOOLS. ■ '-1 i - ; I- ' » r , CHAPTER XII. ;i' .PROGRAMME FOR THE EXAMINATION AND CLASSIFICATION OF PUBLIC ; ,: .■- ,,f .;. ) SCHOOL TEACHERS. I. Conditions required of Candidates. 2, Value and duration of Certi- ficates. 3. Qualifications of Third-class Teachers. 4, Qualifications of Second-class Teachers. 5. Additional for Special Agiicultural Certifi- cates. 6. Qualifications of First-class Teachers. . . /chapter XIII., . , - /• r ■•■■■• ' ■ ; , . . ■ ' '. ■'■ REGULATieNS IN REGARD TO THE SUPERANNUATION FUND. • • ! ) ' ■:' /^U '' , :■ "■: .■':■ ■-"■•■''■' \ . .. '•/; '■ ; !.'■ , t /. ■'•,••• 4. .f. «o^v'''' "^(^Bl .■f;J-'.;.,'il..-: ,,,^j^H^B§ , • 1 . 'l " **$'s. >JH|^H vl^^D^V] "\\ •...'. '!''-!^d"^^i^Km V'^i' '' ' ' ' Js^KKst ' * * *'"**** '■ *4'i-v'"- ' ''J^^Bp * * d^^H^Bj '■ ,. ^ . ,' ; ' J-cJ5p.?i^:.'^|^R .■■. •'"■' ."■ ■' i' ■'■'"•■» • ^•;l-:^.jc:.;^;:iJ. '**^^K i" l' -j^r /'■■;/< '.<■ ' ^ .''v^^^Hi. l^B '-"^..V" 1 %t.i >''^'''',* M -', if^l^K ^^K .^' ■■',. '■ /l ' •' V ' 'i"-T/^>;i|B ^^K • ' ;%.,'^B ^K !-; .\i;j';i''j' ^• '•^'131 ^B '^■••". '."i *-V.-'>'' RELATING TO TRUSTEES IN RURAL SECTIONS. THE OFFICE OF TRUSTEE. ^,M.'''^ !:^•^■v^:•^ ^•irs'^v/.-.r .•-■■.-yv.'' ^' • .. ). 'sV ■ *iv'; ." V Section 1.— Who may be a Public E School Trustee. Any assessed fireeholder, or householder, i-esident in a publio school (-section, may be elected a tniatee of such section. ■'.',,,■■ ''.''' '■" - ' •' ' ' ' ■' '• 2.— "Who may not be a Publio School Trustee. i II? i ■ t ''^: ■ The law excludes the following peraons from, the office of school '^ ".:v'^.'-'\ ''^:-; trustee:-, . .',-:: , ■: ;,, ■:...}{: I :,:,:r(;:-'f^^^^^^^^ J. ) A non-resident. /■ • ■ ••- -^ '' ''•TvV ■■./''''//■'■■'■•■-■• \i-7fiT:. A) A resident who is not an assessed ratepayer. ;", ", l,'-, ', ■^. f'^ ''ii'V;.; ^'':' 'li^'I^f!!!,*'; \ • ^{C^-)' An inspector of public schools. •,: ..;. -/j,*^.Y''.v v ' ^ 'v 'I" '■' ^-^^ '*^'-'- ^#i^v;. (D.) A teacher in a high or public school. ■- >: ' 'I' 3 — The Office of School Trustee may be Vacated a^^ follows: {A.) By refusal to act, and payment oifive dollars, as a penalty for * •Buch refusal, immediately after election to office. r '. (J5.) By 1-esignation, with the consent, in writing, of his 'oUeagues, . and of the inspector of public schools. (C.) Nerjlect to make Verbal JDeclaralion. — On being fined ttoenty dollars by a magistrate for neglect, or refusal to make a vex'bal de- claration of office before the chairman of the school meeting, withiji two weeks after election. <; i "' ■K'OTE. — The declaration of office, if made at any time before being summoned before a magistrate, may be held to rebut the "evidence of refiisal to serve" as trustee. (For powers of trustee-elect, before being fined for not making the declaration of omce, see chapter on "/'//Wif A-/;«>/i)/t'rf/>tfT.") (D.) Neglect oflkity. — On being fined twenty dollai'S for neglect-' ing or refusing to peiform the duties of his office — not having, on . I. - :ra-8BT •'. • 'V ■ ■ - •■ ' ■:/: ■ I", (■*■ m ■»r/ 'TV ■' ■■f: ' ■'' '. ■ ■ -.- • ■ •• - •• ;■■ ' .' "-f V " ■'"' ■■■■"/ ■' ' ''■•■■■, '- ''■.,■*", '.- ■■ ■•■;'■■ *p -■ •' ■•■"-•. '• ■' ■■ „••..■■• '.. ; bis election (as in A, above), refused to accept office, and paid tbe pi«scribed penalty oijive dollai-s for sucb i-efusal. {E.) Jiemoval. — By actual removal from the section. ' • (F.) jf^onrResidence. — By six months' continuous non-i 4:— Verbal Declaration of Oaioe required to be made. ■ "Within two weeks after his election, the new trustee is required to make the following verbal declaration of office, in presence of the chairman of the school meeting: — ' " I win truly and faithfully, to the best of my judgment and ability, " discharge the duties of i)\e office of school trustee, to which I have " been elected." ■ . > .... 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 case of neglect or refiisal to do so — in either case — the trustee elect subjects himself to a fine of twenty dollars, to be recovered before a magistrate, for the benefit of the section. Immediately on the imposition of this fine the office is vacated, and a new election should be held, but, in the meantime, the iona fide acts of the trustee (if he should perform any) are binding upon the section. (See ) . note to (C.) of section 3, and note to section 6.) , > ,' . « / . . 5.— Trustee's Three Tears* Term of OflBioe. . ' , Each trustee holds office for three 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 years, and the other (the third elected) for one year,' and, in all cases, until their successors are elected. Note. — After serving his full term, a trustee cannot be compelled to act as tnistee until after the expiration of four years; but he may, with his consent, be. re-elected. . This privilege does not extend to a person who declines to act as trustee, and pays the fine ofyftr dollars for non-service. Such a person may be elected to fill the next succeeding vacancy, but may again decline to ser^•e, on ' payment o*'_/fe'^ dollars, as before. ' ,„ ■ . . . -■'•'.' ■?■», 6.— Who are the Trustees of altered School Sections. That jvart of a di^ded or altered section, in which the school- ' liouse of the section continues to be situated, is held to be the old or original section. The trustees who live in this pai-t remain the lawful trustees of the section, and only go out of office on the expiration of their term of service. Those only who, by the altera- tion, are placed outside of the new boundaries, cease to be trustees when the alteration takes eflfect. (As to u new election, see "Note.") '■^4 m 1 VA * i ■•.'(•J » ,■ '. f ',■■: , V ' • l-/-..-. , . r'- •. t., / '■,; , :.<'■•■■!, ■■■ ' ■- .; ■. •■.. ■ ,' .. .■■■ ■■ ^ »•,,•• J lAjt'-^- ■■■:■'■■ ' ■■■..'%■■ .v\ ■ » ;'-^» A'v.', ■.■'..••;..-:■. \'. I. V ■;,,•,,■>,.,■( . ^; '. \ '^, n \ ■ ..i-W- ■; ,>| a|li«|^ya;»lti\. ■ ■ -. •"[iV-ii- ^v..K^-^ -V- ••, ■• ..,..■: '•. ' •.:. i'V-vv!.-, . ;ii>.-%; /•..;: '^ ^.^i;' . . ■ . • ' ', .':;■:''•'■■ '^ Thus, the Court of Common Pleas has decided that alteratioim iit . the boundaries of a school section, or the change of manj of the rate- payers originally taken, did not relieve the trustees of the reaponsi- bilifey of paying a just debt due by the original section before any ' ^alteration was made. (See decision (4), section 13, of chapter 11.) .' VNOTE. — As a general rale, it is scarcely worth while to anticipate the annual ' ineeting, and elect a trustee or trustees in place of the one (or two) who may cease to hold office on the 25th December, by reason of non-residence, caused by being' placed outside the new boundaries, as explained above. ' The remaining trustee ..' or trustees (as well as the secretary or insi>fector} can give notice of the annual y. sdiool meeting. Should, however, an election be held before the annual meeting, . another election must be held on the second Wednesday in January, to fill up ' j^. \i.}:,'' 'the usual vacancy caused by the retiring trustee. •^' .' ^ >. -. , '/•'v i''.V:'.'*.''!^.'l'V ' '- ■ - ■■ ■ • . ' ^ ■' ' ■' ' ■^'- '^^* '■'''■'\' ''•'•^'■^>V/^'.V5^V''^^- 7— Power of the Betiring Trustee at the Close of his Term. ' '■ ' ' * >' * ' ''The restriction on the power of the " retiring trustee," at the close , of his term of office, having been removed by the School Act of 1871, ,» ^ be has now equal power and authority with either of his coUeaguss, , np to the day of his leaving office. ,<. ' '^ 'J-. ■^^v^ ° 8.— Personal Liability of Trustees— How it arises. ■ '■-■ ' Thepersonalreaponsibilityof trustees arises in various ways, (under' . the School Acts and Regulations), among others, as follows: — . '' , ', (A.) For neglect to keep open a school during the whole school year, ' < and the consequent loss of any part of the school fund to the section. (B.) For loss, in consequence of neglect to take security from their secretary-treasurer, or collector. (C.) Neglect to transact tinistee business, or authorize contracts, at trustee meetings, properly called. ' ' * " ■ r[ . -I ■ ' \ ^ , y ,< NoTE.-r-Trastees are, of couise, free to converse at pleasure with each other, and informally to agree on any school business; but the law declares that "No- act or proceeding <^ a school corporation shall be deemed valid or binding on any party, which is not adopted at a regular or special meeting [of the Corpora- tion] of which notice shall be given [personally or in writing] to all the trustees by the secretary, or by one of the trustees." Thus, if a verbal contract or agree- ment is made by two Trustees, \vith other parties acting in good faith, without the knowlerlge of the other trustee, such agreement or understanding would not bind the corporation, but only the indi\-idual trustees who entered into it. It is also doubtful whether such an agreement or understanding could be enforced under the statute against the third party, although it might be enforced against the tnutees who made it in violation of the express provisions of the Act It is, of course, a question whether a contract signed by two trustees, and sealed with the ccfrporatc sc.i!, ci/iild not be enforced against the corporation ; al .ill events, it is presumtxl tha» it could be enforced against the individual trustees who knowingly entered into it without the knowledge of their colleague. This rule does not apply to minor purchases, or unimportant orders for work required to be done for the corporation, and invohing a !>mall outlay. In such cases trustees should authorize one of themselves, or their secretary, to attend to such matters on their behalf. No trustee (as we have shown) can enter into a contract with the corporation of which he is a member, or have any pecuniary claim on it, except for a school site, or as collector of school-rates, when duly appointed by his colleagues. No act of the school corporation requires the assent, or, necessarily, the presence, of each indi- 'i I iff I'' I r . \ ■ .• ' \ , ,' J ■■•'•,/. ■• ■■ ., .H;r. ■>•... >,,■' .-..^.TLli. ','.>, I"' i I< . ••Wj.-.",-',.. ', , .( •j;..-^;-. * ■ # ' r • -.f^ ' •■■■.•■ i'r#v;v,i,.,... vidual trustee. It is enough that the three trustees have been individually notified of the trustee-nieeting, and that a majority of the three trustees thus notified concurs in the act itsdf. The following decisions of the Superior Courts sustain this view:— . ' ■ • . i ' > • (I.) 7W School Trusiees can enter into a Cotttraet against the -wishes o^a third, — The Court of Common Pleas has decided that a contract entered mto by two trustees under the School Acts, with the corp>onite seal attached, is sufficient ; and a plea tl.at it was signed by the two subscribing trustees without the consent or approbation of the third, was held to be bad. — Forbes v. Trustees No. 8, Plympton. 8.C. P..R. 877. ■-:,,' • :, r- .,,-■.: ■ :•. ?■'■. '(a.) But two Trustees cannot act without consulting a third. — The Court of 'Queen's Bench has decided that two of the Trustees of a school are not competent to act in all cases lA^out consulting a third, and giving him an opportunity of uniting in or opposing the acts of his colleagues. — Orr v. Ranney etcd. No, 15, •Westminster. 12 Q. B. R. 377. (See decisions in section 13, chapter II.) ' ' ';. {/).) For toUJid neglect or refusal "to exercise all the corporate " powers vested in them for the fulfilment of any contract or agree- */ ment made by them." (See next section, 9.) y • (JS.) Declaration of Office — Dviy.-^'FoT refusal or neglect to make the declaration of office, or to perform their lawful duties after having accepted office, a fine of twenty dollars may be enforced by a magis- trate. (See sectioh 4 of this chapter.) , . , < ' '' ) (F.) Notes of ffand.—¥oT all notes of hand, even for a lawful purpose, which they may sign. , , ; / • . ' Note. — The agnature of two or more trustees to notes of hand, : .d even the lifBxing to them of the corporate seal, do not necessarily relieve individual trustees of . personal responsibility in regard to them, or give to such notes a corporate charac- ^ ter. (See section 3, chapter II.) The School Law does not authorize or require trustees to giVe promissory notes of hand. It h silent on the subject ; but it gives them ample powers at all times to procure by rate, imposed by themselves, or by , the township council; such money as they may require. It is, therefore, no part of their duty as trustees to give promissory notes. If they do so, the individual members of the corporation who sign them are prima facie personally responsible for their payment, and they cannot bind the corporation by such note of hand, , even should they affix to it their corporate seal. Trustees who require to borrow money for school purposes can only do so with the consent of the ratepayers, and bv permission of the municipal council ; and the council is alone authorized to pro- vide for the repayment of such borrowed money. The only apparent exception to ' thb general rule b contained in the 276th section of the Municipal Institutions Act. This section authorizes the trustees, with the cousent of the ratepayers of their section, as "obtained at a special meeting," to borrow from a municipal council surplus clergy reserve money for the :.ole purpose of paying for a school-site, or for erecting a school-house. The authority of the ratepayers to borrow the money, as well as the terms agreed u^ion, and rate of interest, must be embodied in a by-law of the trustee corporation, but the law says nothing of notes of hrnr* -...z debentures — simply a "by-law." (See decision 8 of the Courfr., ;■ - " - 5, chapter in.) (C) Unqualified Teachers. — For the salary of teachera, or ?.w, .i'>. -^ u<, (employed by them), who do not posses.s legpl certificiites of quji' ia- ti(m during the whole period of their engagement. (See cha|iter IX.)-. •.....- (U.) Refusal to account. — For their own refusal, or that of their secretary (oh their behalf) to furnish either of the school section \ i .>. '■■';::. sy ■ ■a:;'^^^.^::;:v. " i ■ ,.' ' ,".i..'.i''7. ',1 It" .■■>;■:•■. i •<;^;:i; \-^:,:.-.-'../.^^' /i - ^3 , , ,■',;'■,.;:;;;; - ■' ■ •■ ■. ,-ir. •/ ■■■■<^. . . ■. .. ■ - •■;, r^,/-.:. . • r- .^,.. andltors with the papers or infomuition in their poaaieiBsion, or withia • .their, jiuisdiction, relative to their school accounts. (See chapter Y.) . ' (/.) Accmmt for Mmieya. — For n^lect, or xefusaji, to account to competent authority for school moneys fut other sohool property entrusted to them, or in their possession. (See chapter Y.) (J.) Neglect of Segtilations. — For loss to the section of any portion of the Le^slative grant (or county assessment), in oonsequence of . their refusal to conduct their school according to the lawAil ojfficial . .regulations (which' have the force of law). . '*, .'< ^.V- /'•''S^'i <:;. Vt'^'r/v' ! ;^; (£) Further FeaaUies/or Neglect of DiOy: — : - i1% ' ; - r^ '.' •; ; * (!•) TwnUy dollars for making a false return to the Inspector. i ' (2.) Five dollars for every week of delay in forwarding their ' annual report to the Inspector. ,', ' ■ -.'''>' (^)' ^^"'^ doUars for neglect in not calling annual or other \ ■>-"'}"■*.••' ' • i , naoeasary school meetings. _ , ,\ , ; , ;, .^■'/.v,.- .■«•. ■■• V V,' ^.0 — Decisions of the Superior Courts as. to the Personal ^'■•'^'v.'.^':.'.' * 'v ■ Liability of Trustees. , ^. ., '■■v'''' ■n 'k ..V. ■•} :-, 'ffiCi^*'* (*•) Ptnonal liakSUy on negiett or refusal to exercise tkeir Corporate powers. — .^•rf.The Court of Queen's Bench us decided as follow^ in a case where a mandamus /4 '' nisi having beien issued to school trustees to levy theamount of a judgmoit obtained ' , against them, no return m'as made, and a rule nisi for an attachment issued. In ■\ '4 answer to thbt ml^ one trustee swore that he always had beeaand still was desirous . ■'- to obey the writ, and had repeatedly asked the others to join him in levying the .. Tate, but that they had refiised. Another swore that owing to ill -health, with the consent of his co-tnistees and the local superintendent, he had resigned his office before the writ was granted. The court, under these circumstances, discharged the . ' rale nisi as against uese two, on payment of costs of the application, and granted an attachment asainst the other trustee, who had taken no notice either of the mandamus or nue. — Regina v. Trustees of Scliool Section No. 17, Tyendinaga, aoQ. B. R. 528. ' , ,, , ;. .; (a ) The Court of Queen's Bench has decided, that, as by the [twentietX] clause of the [twenty-seventX] section of the Consolidated School Act, the trustees can only be personally liable when Uiey have wilAilly n^lected or rsAised to exercise their corporate powers ; such n^lect or refusal shouldhave been alleged and shown in. the award, to warrant its directions to levy on the trustees personally. — Kennedy V. Bumessetal., No. 5, Oneida. 1$ Q. B. R. 473. ' (3.) Neglect of Trustees to exercise their Corf^rate Powers must be proved. — ^Thc 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 salary of a school teacher, declaring the trustees individually liable on the ground " that the trustees did not exercise all the corporate powers vested in them by the School Acts for thedue 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 [twentietn] clause of the [twrnty-sevetith] section of the Consolidated School Act, a wilful neglect or refusal by the trustees to exercise their corporate powers as the ground for making them personally liable. 2. That, on tlie 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 personally liable without giving them any opportunty to exercise their corporate powers to raise the money to pay it. — Kennedys. Hall et al.. No. j, Oneida. 7 C, P. R. 218. Note.— An award for a teacher's salary cannot now be made. AU salary disputes with tcachei* must be settled in the Division Couru, ..■,.. ;• .. '. i ■ :•< ■ / ill •vy '^'. t;ti ■i^*-^ ^A#vt; ri:y iS^' ''% m r^ 11 ...■ » ' * . . ■ '. - . V ' .1 '■•■ ■ V'- I.. > :^.v'^ V: '^^^v. -'..r '.^ \ I V. !... -• » >. ;•;■ ..\' n u ;•/' '1 (4.) The same Court hxs decided that where trustees become personally liable binder the statute, it is necessary to show that there has been some adjudication of the fact 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 liability can be enforced.— ^ammo' v. MackUm a cd. 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 wilfuljy neglect to do their duty : not where they decline in good faith to exercise their corporate powers, on account uf any doubt or legal difficulty which they suppose to exist. — VanBuren V. BuUetfll. No. 2, Rawdon. 19 Q. B. R. 633. , • ■; • •• .. ' l,\: y' ' ,t;;p_.,::^:.; .■V-. /• V 1 i CHAPTER II. POWERS AND DUTIES OF TRUSTEES. :" • I—'.. ,-M--,.* ■.;.■ \\ ;i 'I'-r ■■-..;■'•;;■.•• • ^^^. ■ i a: ,,..j ', A MfV .'\;- •»>^ .*.'; I.— -General Corporate Powers. .■•f ».'.?. :'.J' ' :.;.■.■ •, ' t iff 1.— Sural Trustees to be a School Corporation.' -y^l ''' TB'e law (declares that "the Trustees in each schoc^ sebtion shall be a icorporatioh, under the name of 27te Fublic School Trustees 0/ Section ^o.-y-, in the Township of , in the County of '■ — : And no such .corporation shall cease by reason of want of trustees; but in Jcase of such want [the inspector or] any two assessed freeholders or ,. ., libusehoklers of the section may, by giving six days' notice, *. * * [ •' call a meeting of the assessed freeholders or householders,' who shall '-' proceed to elec* three trustees; * * * and the trustees thus! .elected shall hold, and retire from, office in themnnner prescribed, for] ■'t." trustees." ' ' ■' ' , ■ ■■ •^.ii'! ' ■ ■• ■ ' ■' ' ■■ ■' '- ■■■"■ ■ -'''■■'■'■■ ' : ,:'*," 2.— General Powers and Liabilities of a Corporation. -.' v. The Consolidated General Interpretation Act further declares that^ . *'. Words making any association or number of persons a corporation, I or body politic and corpomte, shall vest in .such corporfttion power to) ,•• sue Hiid be sued, contract and be i;ontracteV.^. iv,-;r:v )oration. Tsonally liable ■ adjudication of H vested in them >H 1, before such H ; * i [Queen's Bench H )r neglect to do HE porate powers, Hj St. — Vauduren Hi * y > • 1. ' ' > ' '% V"'> ■■''"^. :•■ i ' ( ■ •I'i,;.';-;^ -.^; ;^:-.v , \ • -.■."; .it.'*" ' ' ■ ' " ■ ■ ,^ . • •■,' r- ,■...',• ,;'f ', 'irk-ij'.*' ^ • ','" ■■■!••)! debts or obligations or acts, provided ihey do not^coiiti-aveue the Act incorporating them; — But no corporation fiball carry on the business of banking [i.e. taking or issuing promissoiy notes, ic], unless when Buch power is expi-esaly conferred on them V Statute. See "Decisions p/Cmtrts" next sec\i6n (I).' ■ ' ', .' "■, Vi y ' . '' ' . 1 .8.— Decisions of the Superior Courts witb regard to School ''■' '.'">''''- Trustee Corporations. ''.■.''">,,'■ ^'■■ '"! ',•!.' (l.) CirculiUioH of School Orders on Treasurer an Act of Banking contrary to Law. — Chief Justice Draperthus condemns unauthorized acts of banking on the' part of corporations. He says: "The evidence jpven at this trial shows that a' practice had grown up for the defendants to give orders on their treasurer, which, when he had accepted them, got into circulation, and at last found their way into the collector's hancl^ in payment of taxes. Such a practice seems to me at vari' ance with the spirit, if not the intention, of the Consolidated Municipal Act, ..which enacts that no council shall act as a banker, or issue any bond, bill, note, debenture, 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 moneys and any bond, bill, note, debenture, or other undertaking issued in contravention ' 6f this section shall be void. — In re Mdnson v. the Municipality of Collingwood. ;9^. P. R. 497. • ■■>■:■■. .■■■.. ';. ;■ ' ■»• ' (a.) A Corporation aggregate is 7iot bound to appear as Witnesses in Court, hit its "fttdividiial ^/embers may be subpoenaed. — ^The Court of Common Pleas has decided that a corporation aggregate is not bound to appear at the trial as witnesses, under, 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 individutUly ' subpoenaed. — Trustees No. 2, Dutrwieh v. McBeath, 4 C. P. R. 228. • ' . • *. (3.) Tu)o School Trustees can enter into a Contract against the wishes of a third. — The Court of Common Pleas has decided that a contract entered into by two trustees under the School Acts, with the corporate seal .attached, is sufficient, and a plea that it is signed by the two subscribing trustees, without the consent or- approbation of the third [but not without his knowledge,] was held to be bad. — ' Forbes \. Trustees, No. %,Plympion. 8C. P. R. 74. (See next decision.) , i (4.) But two Trustees cauTwt act without consulting a third.— The Court of Queen's Bench has decided that two of the trustees of a school are not competent to act in all cases without consulting the third, and giving him an opportunity of uniting in or opposing the acts of his colleagues. — Raiinty et al. No. 15 West- minster. 12 Q. B, R. 377. ■ .'* (5.) A Trustee, 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 discbai^e of his duty as such, is entitled to . the protection of, and comes within the Consolidated Statute, 23 Vict, chap. 126, notwithstanding he should have signed a warrant individually, instead of in his corporate capacity. — Spry v. Alunby et al.. No. If, Rawdon. Ii C. P. R. 285. ■ (6.) Protection of Trustees, Collectors, and otJier lawful School Officers. — The. following are the provisions of the act for the protection of magistrates and others, to which the judge in the foregoing decisions referred.. Sec. I. Every action brought against any Justice of the Peace for any act done by him in the execution of his duty as such Justice, with respect to any matter within his jurisdiction as said Justice, or against any other officer or person fulfilling any public duty, for anything by him done in the perfornmtue of stuh public duty ■;:>■■:. u.i'?* !<. 'V ■ -V ■ -^V'^r ■.;:.,^-{;.. ■: ■ i ■■■ > ;■' ■••>V '■ • :-^ : ■ .. ■ ■•;• >.'■■ '■ ■•. :■')■•S■^ •<*. ;>n r.-.Tjti.toi.»j.s.*..- .'i?7-?'i:.'j3/JC*.- -•.». « «i S « ^^^•■^ rVi-i" ■V'- ■«■;..■■^■.;i^.•>'>^.v'■■^ 16 / 1 '.I . V •u •• v.'"",-,- "'vH; ■ 1 ■*, *.l ■;;v'??^^> ^r > [interpreted by the court in the roregoing'case (l I C. P. R. 283) to apply to school trustees and to collectors of school rates, when acting under the trustees' lawful warrant] whether any of such dutie:i arise out of the common law or be imposed by Act of Parliament, either Imperial or Provincial, shall bean action on the case as for a tort, and in the declaration it shall be expressly alleged' that such act wa» done maliciously and >vithout reasonable and probable cause ; and if at the trial ' ok' any such action, upon the general Issue pleaded, the plaintiff fails to prove- sui:h allegation, he shall be non-suited, or a verdict shall be given for defen- dai't. * * *.* * * •» * « « * *' ; ' Sv*c 30, So faros applicable, the whole of this Act shall apply for the protection' of eveiy officer and person mentioned in the first section hereof, for anything done . in the execution of his office, as therein' expressed. ' NoTK.— The twtnlUth tection ot the School Law Amendment Act of i860, ako providei that ' " TnuKces shall not b« liatde to any prasecutioor'or the layment of any damages for acting under- •ny byc-la Mr of a monicipaU Council before it luu been quashed." ..■ Jt '.).'' ', •;.•.(■ ,.'•;.{■.? .••:.!::iVV:»>')^if|'ftV -:v.- , .■■ V- ■■ ■ - ':.- ■» vv,;Vt '■,'; •; l' , ^■v.^• ■ • ■ •. ■? :\i\'{i-- ■ ' i '■-"■ ■ ■ < - 'V: r-'' ■■ ■•*^ •» ■ '>' , II. — PowEBS AJfD Duties of Trustees in regard to the Site ' • > '• . . /^ .; AND School-House. ' '. ^ 4.— Duty of Trustees in regard to the Site of a Sohool-Hoase. I ■ ) . ,' '. In anj school section, should a new school site be deemed desirable,. ,1-', ,, 'the trustees, or the County Inspector shall call a school meeting to' y decide the question. Should a difference of opinion arise between a i' ', V majority of the trustees and the ratepayers on the subject, the matter ^ . must be referred to ai'bitration, as explained in the chapters relating' • 'to "School Meetings,", and "School Sites," but the trustees alone' \?i|-^^jvV ' ■'" '. t ' ^, I . '"!■■'.'- ■ * '■.'■■ ,• ''■ .' V r*'f';i'^v'' ■^A:}. I .; ■';'!/; _»;>,;>)■ Jiave the legal right to decide upon the size or enlargement of a schpol, : ,.\ ;.'( .J;^fr''V<::,;,'8ite, as provided. in' section ,7. ;.-,„v .V :,\ ^.i-t ..'< .";.,; .,' , ,-, .. ...,;.:.;i;.ij'^itj(i •, ' i' i--^, - ' i '' *.— TrusteiBS to acqtiire and hold, by any Title, School ;<■'■•■•. . '»_.:' ■• Property. ,...,',' "'" 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 puiposes in such section, and to acquire and hold as a corporation, by any title whatsoever, any land, movable property, moneys, or income for public school purposes, and fo apply the same according to the terms on which the same were ftcqidi-ed or received." ' . • ' 1 ,. j .< ', - , •: 6.— Necessity for a proper Title to the School-Site. ' The provision Of the law, and especially the following one, which vests all school property in the trustee corporation for the piu-poses of' sale, i"equires that tntstees should, whenever practicable, obtain a deed, a bond for a deed, a lease, or other legal instrument, gi-anting quiet possession to them of the property in tiieir section, in case they have not sufficient title to, it. Objection is frequently made to the right of trustees to assess the sev^ ion for the repairs or building of the school- house, where no full legal title to the school premises is vested ia them. To remove this objection (although it is only a technical one), trustees shoiUd obtain the legal instrument referred to, and have it ' ■. ■ ■::■■ Y-v ■ . •■■: y;. , . ■ : \ ^ . •. • , ...\ ^'■■.•' - j,.^..,.j^ ......... .. . . < > , .■■■ , ■ •':: j. s ' ;. OH .'^v;; ■ registered withoTit delay* Every public school bouse and site are- exempt from t*vxution, as provided in the i\i)sessmeut Act. 7.— Begistration of Trustees' Tide to School Premises. [ The trustees should not fail to register their title to the school site. Hi case the owner of a site refuses to sell it to the trustees, and they are compelled to take possession of it under an award of arbitrators (as authorised by the School Act of 1871), they should register the award, if the owner should . refuse to give them a title xmder the ' 'award. • ^';; ":-: J ■•/•••> v'' .::•; .■:■■■ j f \ •■uy\\.j,^ilf^'y:ffi ^^-Oyt.' , '• NOTK. — Want of rq;istration of title does not derrive the trustees of the right: to assess and collect money for any of the school purposes of the section. •■•.<'.'>' ' ■ ..'■"■ 1 .. 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 uiay not be required by them, in f.. I * The following tithe form of Deed: — \ '• Form of Deed iter the Site of the Sohool-Hoiua, Teaclior't Besidence, *a THIS INDENTURE, made the day of-— , in the year of our Lord one thousand eight' huudred and — , in punuance of the Scnool Acu of Onuirio, and of the Act respecting the transfer of real property, between — — . of the Township [ ViUagi, Tcvm, or City] of • ^, in the County of — — , and Province of Ontario. [Bntiiuu or Calling], of the first part ; , wife of the said party of the first part, of the second part ; and the Public School Trustees, of Section No. ^, in the Township of — , in the County of — , and Province aforesaid, of the thirdpart: . ■,ir-'i-:' " ' ■ ■'.•'• < "■..■.' i ..•, -^-. :/,■•-.'' ^ • •; • ,■ r WITNESSETH, that in consideration of dolbrs of lawful money of Canada, now paid by toe said Trvstees to the said p-irty of the first part (the receipt whereof is hereby by him acknow- ledged), he, the said party of the first part, doth grant unto the said Trustees of the School^ Se rt ion aforesaid, their successors and assigns for ever, all and singular that parcel of land {dttcrii- ingiltn/ul{\: • • ' ''■ :• • ■ ■. :'_ TO HAVE AND TO HOLD the same, in trust to and for the use of a Public School [and' Tcacher^s Residence], in and for School Section No. — , in the Township of , and in the. County and Province aforesaid, according to the pvovisions of the School Acts of Ontario, and for the education of the resident youth of said School Seaion, • ,. ,..:'. . .■ cy The said puty of the first part COVENANTS with the said Trustees that he hath the rig'it to convey the said lands to the said Trustee^ norwithstanding any act of the said party of the first part: And that the said Trustees shall have quiet possession of said lands, pmbb from ali.- INCUMRRANCBS : And the said party of the first part COVENANTS with the said Tnistees, thai- he has done no act to encumber the said lands : and the said party of the first part releases to the ' said trustees all his claims upon the said lands : And the said party of the second part hereby bars her dower in the said lands. ... « ' IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals, in the day and year before mentioned. > . , Signed, sealed, and delivered, in presence of H. T." ■ C. T. ..I 'y .'1 %^m J. G. ISeUtr'tSeal] F.] I-} ffitiussei. . R. [Seller't Ifi/t'sStal.] T. H. 1 M.a LB. j TrutUts' CorporaU Seal. Note. — When the land has descended to the wife in her own right, she must, besides joining with her husband in the Conveyance, appear before two Justices of the Peace, to declare that she has parted with her estate in the land intended to be conveyed, without any coercion, or fear of coercion by or on the part of her husband ; and the certificates of such Justices must appear on the back of the conveyance on the day of its execution. The form of their Certificate is as follows : " We Utueriing the names], Justices of the Peace for the County of , do hereby certify that on this — — day of , 187 , at , the within deed was duly executed in our presence, by — — , the wite of ., one of the grantors therein named ; and that the said wife of said , at the said time aad place, being examined by us, apart from her husband, did appear to give her consent to convey with her estate in the lands mentioned in the said deed, freely and voluntarily, and without coercion or fear of coercion on the part of her husband, or of any other- person or persons whatsoever. ..... ..... ..I "R.W — .y.p. Dated this -day of ^,187. . ,, ,. . "A. M .JP. •■' '■>■'■ -vjV^V' .1 -.v fc'V ■''••V ; . <■:'. ^ , -!:■:'.(-:•- ':■>'♦! •', ■-V-' ;-!■■. ;.>.\^' . ^ ■ .>■'■ ■ "t If' •: \" . ; > ». 18 -',.^.-': .K:r'i f! . ^. ,, ■V, »* •» . ■•••' li .■.^' 7i -.• ■••; A.. • • . , !>;, • M ■> ■ . -;*.-.••"■ , , -♦ ■■ . ,;■• • •» •,» ,\ ■ 1, , . : ■' H A- t ,. coii8C(iuence of ii clian<;e of Hchool site, and convey the same under their corpoiiite seal. They ure required to ap]»ly tlie proceeds of the sale to lawful school purposes. All bites and other j)ro})eity given or acquired for public school pm-posea vestn, therefore, absolutely in the trustee corporation for tliia purpose. (See chapter on "Scliod Sites") 8.— What constitutes adequate School Accommodation. • The law declares that trustees " shall provide adequate occommodii- tions for all the childi-en of school age [^'.e, between the ages of five and twenty-one yearSj^ resident] in their school division" (t.0., school section, city, town, or village). The "accommodation," to be' adequate, should include: . , ,■.,•,•, (1,) Size o/Site.-^A. site of an acre in extent, but liot less than holf-an-acre. (2) Size of Rooms. — A school house (with separate rooms where the number of pupils on the roll exceeds fifty), the walls of which shall not be less than ten feet high in the clear, and which shall not contain less than nine square feet on the flooi- for each child in attendance, so as to allow an area in each room for at least one hundred cubic feet of air for each child.* The rooms must also be sufficiently warmed and ventilated, aiid the premises properly drained. /3.) Fence. — A sufficient fence or paling round the school premises.' • '(4.) A Play Ground, or other satisfactory provision for physical exercise, within -the fences, and ofif the road. '' i \\ . A Well, or other means of procuring water for the scliool. i Separate Olfiees. — Proper and separate offices for both sexes, at some little disumce from the school house, fi'om each other, and enclosed with a high and secure fence. ' (7.) Maps, Apparatus, arid Library. — Suitable school fimuture and apparatus, desks, seats, bIackl)oards, maps, library, presses, and books, Sfo., necessary for the efficient conduct of the school. (See section 14.) Note. — General directions to Tnntees in regard to School Premises. — The school KQund should, in the rural sections, embrace an acre in extent, and not less than If-an-acre, so as to allow the school-hoiue to be set well back from the road, and to furnish play-grounds within the fences. A' convenient form for school grounds will be found to be an area often 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 being invariably ' separated by a liigh and tight board fence ; the front grounds being 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. . . ii 10.— Erection of School House, Teacher's Residence, &o- The tnistees alone have the right to decide upon the cost, size and description of school house, or teacher's residence, which they shall * Thus, for instance, a room for fifty children would require space for 5,000 cubic feet of air. This would be equal to a cube of the following dimensions in feet, viz. : 35 X zo X 10, which is equivalent to a room 35 feet long by 20 wide and 10 feet high. (6.) (6.) ii-;?^':'-'-':'- •■■•'••■ . •• ,»•■■ -4 "' ■■> ■„» ■' ■•<'.■■ ;^\V ■ ■• V;.- ii*t*>x : ♦.■^(/fo,., I\ • > --':•• V-.': ■" • »; ■*;,»> . ♦v ... t • i.V'' '■L' . '••' ^ ^H'i<; / (V 19 .• X ■ - • •! yA • • ''\' : ' '' ■ r .,■-•"■'••■ wt.i .VN; t^.. ei-ect. No ratepayer, public meeting, or coiuDiittee haA any nuthority to int^irfere with them in thLs matter. They have also full power to decide what fences, outbuildings, sheds and other accommodationa shall be provided, as explained in section 9. To them also ex- clusively belongs the duty of having the 8cho«d grounds planted with shade trees, una properly laid out Tho power of the school meeting is limited to the single question as to hoio the money required by the trustees shall be raised, whether by the trustees themselves, or by the » c ■' ; ;:•••!■.. '■•■'/ '.'■.■.• ■ V' Township Council. {',1 11.— Restriction on the Use of the School House. ^,,^ ,./. ./.. ^ , •* , No school house or lot (unless so provided for in the deed), or any ''■■{ ^u^^A building, furniture, or other thing pertaining thereto, shall be used or ' '' '.*V' occupied for any other piu-pose than for the use and accommodation of the j)ublic schools 6f the section or division, without the cxpresH permi.s.sion of the tnistee corporation, and then only after school noui-H, uud on condition that all damages be made good, and cleaning, sweeping, Jtc.,' promptly done, or compensation made. ■* ,"; 12.— Duty of the Trustees in Begard to the Care and Bepair of School House. ' r. Trustees ai-e i-equested to appoint one of their number, the Secre- 'fcary -Treasurer or other responsible pei-son, and give hun authority, . iw well us make it^is duty, to keep the school-house in good repair. He should also see to it that the windows are properly tilled with glass ; that, at a proper season the stove and pipe are in a fit condi- tion, and suitable v/ood provided; that the desks and seats are in good repair ; that the outhouses ai-e properly proyided with doors, and are frequently cleaned ; that the black-boards ai-e kept painted, the ' •water supply abundant, and everything is provided necessary for the comfort of the pupil and the efficiency of the school. ' ' / ' '.' 13.— Decisions of the Superior Courts in regard to the School-House. ' ' (l.) Trustees can leiy a rate for the erection of a School- 1 fotise. — ^The Court of Queen's Bench has deciiled that, under the fichool Act, school tnistees are autho- rized to levy a rate for the erection of a school-house in thiiir section. — Chief Superintendent of Education, appellant in re Kelly v. Hedges, Burford, atui 13, IVind/uim. 12 Q. B. R. 531. - ' (2.) Sclwol-House Contracts not valid 'tvithout Tnistee Corporate Seal. — The Court of Common Pleas has decided that the Trustees of a School Section, being a cor- poration under the School Acts, are not liable as such to pay for a school-house erected for and accepted by them, not having contracted under seal for the erection of the same. The seal is required as authenticating the concurrence of the whole body corporate. — Marshall v. Trustees, No. 4, Kitley. 4 C. P. R. 375. Note. — Such a contract, not being binding on the corporation, would be binding on the individual trustees who made it with a third party, .ncting in good faith. Q'ttry, Avhether the tnistee-corporition would not, by subsequently taking pos.ses.sion of the school-house, or by some other .1CI, r^xogni^e the validity uf the contract ? (3.) Contract under Seal, signed by a tnajority of tlie Corporation^ binding. — The same Court has also decided tlie following case : — A contract was entered into by txuo of the trustees of a section under their corporate seal for building a schooU ;" n. '■ , '■•■!:. if, \T :•■ 'A H ' , ■ ■ ■ I • 20 ^::-'.!^ •i.' ^-^ t< house : after the house was built the Trustees refused to pay, on the jilea that the -contract was not legal, a jur^ Iiaving given a verdict in favour of the trustees, a new trial was ordered, and the former verdict in favour of the trustees was set aside. — The Court /u/J that a contract entered into by hvo tjntstees under the School Act, With the corporate seat attached, is sufficient; and a plea that the contract was signed by the tuv subscribing trustees, without the consent or approbation of the third -was held haA.— Forbes v. Trustees, No. 8, Plympton. 8 C. P, R. 73, 74. f (4.) Alteration of boundaries no valid ground for refusing to levy Rate to pay for a School-House. — ^The same Court has decided the following case: — The plaintiff recovered a judgment in March, 1858, against the school trustees for a debt due to him for building a school-house for the section, and made several unsuccessfiil attempts to obtam payment of the same from the trustees and their successors in office. The trustees always refused to levy a rate, or to pay the judgment. . To an application for a mandamus, to compel the trustees to levy ii rate for payment of the judgment, the Court hdd that it was no answer that, since the recovery of the judgment, two alterations had been made in the limits of the section, and that many changes had taken place among the rate>papers originally liable ; or that the merits of the claim upon which the judgment was found^ were capable of being impeached. — Johnston v. School Trustees of Harwich, 20 Q. E. 264, distinguished. Scott \. Trustees, Ao i. Burgess, and. 2 Bathurst. 21 C. P. R. 398. , (5.) School- House and Site in use not liable to fie iold on judgment against Trustee Corporation. — ^The Court of Queen's Bench has given judgment as follows : In a case in which a school-site had been given to the trustees for the purposes of a sdwol (with the condition that it should revert to the giver in case it should cease to be used for school purposes), and on whiciv they had erectM a school-house, judgment was obtained against tt. ; corporation for the money due on the buildmg contract- The school-house and site were actually sold and deeded by the Sheriff; V but the Court'held, that the house and land could not lawfully be sold — it being ''; coobTiry to public policy that a school-house in daily use (any more than a court- :': hoiBe vw jail) should be held liable upon a writ of execution, as not tlie trustees, l''\ trvt the inhabitants of the section, are the cestuis que trust (i.e., the persons for '' idk>se benefit the trust is held). The plaintiff should have resorted to his other " 'remedies against the trustees for neglect of duty, &c. [as provided in the twentieth ' diuse of the twenty-seventh section of the Consolidated School Act.] — Scott v. ' "'. Jhtstees of Union Section, No. I Burgess and 2 Bathurst. 19 Q. B. R. 484. • :.\ (6.) Trespass on the School-House. — ^The Court of Queen's Bench has decided ttat the trustees of the school, and not the teacher, should sue for a trespass on tke school-house ; unless it can be shown that the trustees have given the teacher a particular interest in the building, beyond the mere liberty of occupying it during tte day for the purpose of teaching. — Monaghan v. Fergttson et al.. No. — , Lon- ': 4m. 3Q. B. R.484. ■ (7) T^e Assessment Act exempts from taxation " every public school-house, with (fee land attached thereto, and the perchool •V, /,-..■ ■ iSf:'--^,;:.*'- III. -Power and Duties op Trustees in regard to the ' '■ School, Teachers, «5:c. 14.— Bight of Trustees in regard to Teacher, Apparatus, Books, &c. The trustees alone, and not any public meeHng, have the right to ^bcide what teacher shall be employetl, how mivrU shall be paid to idm, what apparatus, library, pi-ize, and text books shall be purchased, vhat repairs, contingent expenses for stationery, postage, warming iii|M#;- Vi:^■^t^i>•'vV- >^ ''* i*';-,'*. '^'i.' r.i!U '■:i- •■»>:■ /i- ...I ■■■ ■.i>i''.krk': '.-f^, . \ 1;., ■.<■ ' «.,.■ I. •■/*■.'. :.t'".Vj(. :,v»c. VI:,,; ■*!■:>■■ ■-t>;: / '.r^ - ■ :, with School itUB, Igllt to )aid to chased, arming 21 ■I <1 ■•'.•.■,:• *■■'•. . ,*' ■ f .' I • . ■..■I, ,, •.... /■•;i ■.'•rSv ■ , *;n/'-. ■■■'><:'.. ...f, ,'■'■. A •v'/.irtr'- ■| ,;, ; • • -../:■ V ; ,; ,',■„ f .; .;, v'^ ■■■:■} • ■■. ...',.*it ;■()•)!; Aud meaning the school-house, tScc, shall be authorizeil (as explained in section 12, pi-eceding); in shoH, every thing they may tliink, . expedient to do for the interests of the school. . » ., 1 * . - ;■'•»■ ■ "'■ <* • '•-'■.' ;'■ ' '^. ■ ' , 16.— Who shall Determine the Expenses of the School. ; '' The majority of the trustees of eveiy school section have the right "to decide what expenses they will incur for maps, school fumitura, '• apparatus, library tjid pi-ize books, salaries of teachers, rent of school- house, warming, cleaning, repairs, contingent and all other expenses of their school (as explained in the preceding section). The trustees , are not requii'ed to refer such matters to any public moeting what- [ ever, since they alone have the right to decide as to the natui-e and . amount of any expenses which they may judge it expedient to incui- , , ;y;^/' )/';■.' for such purposes. ^ ■..'■,. ■ .::y:^--^^:<--l -i/ / 'y-!ff\^ii^X'y^'i^^i^' • 16 — Ti-ustees to Establish Free Fublio School Library. • Trustees are required, under the general regulations, to establish a. ■ y/. free public school libraxy for the children and ratepayers of their .\'" „ ' section. They can appoint and pay any competent person to act as • V/.'^:' iri" librarian. In case they do not appoint any such person, the teacher '■'■■, :>,' is required to act as librarian ex-ojtcio for the section. (See chapter , ,| ^; ' IX., relating to teachers.) ^ .. .,'■'' ";■ ,;■';/,');; Note. — The property of every public library is exempt from taxation. One 't hundred per ceuL is allowed by the Chief Superintendent on all sums over ' $5, remitted to (he deportment for library books, maps, apparatus, and prize < . tool's. , ;'■,.-• . „,.: ■, V ... ^.:.r■^;» ,.:.^.;■;/t^5.,r^;.^!,fi'^■;^ii^ 17.-^Who have a right to attend the School.— Bestrictions. ) -J;; Trustees are required by ' v to provide accommodation for, and . ' admit to their school, the children of all resident and non-resident ratepayerti* of their section, between the age of five and twenty- ; one yeiu-s, so long as their conduct is in conformity with the general ,. « regulations, and " the rules, of the school, and the rates required to be i paid on their behalf are ftiUy discliarged." : ,' ' , : ' Note. — The tiistees have no authority to provide accommodation for, or admit to their school, the children of any non-residents who are not bona fide ratepayers of their section ; nor can they under any pretence (such as volunteer payments, or subscriptions) collect or receive fees or rate-bills from such non-residents for .id- mission to the school. (See section 4, of chapter i v., relating to ww-r.rrtii'w/j.) , ' 18— Authorized Text Books can be alone used- i ■ - ■ ■'. The Act declai-es that trustees shall "see that no unauthorized! .' text books are used in the schools, and that the pupils are duly • supplied with a vmiform series of aiithorized text books sanctioned ' ' • ' ■'' and recommended by the Council of Public In.struction." Tlie Act \ ., . . , ' jt'. ''■ X?^'^ . mmn * The law declares that the child or children of non-resident ratepayers " shall not be returned as attending any other than the school oi the section in which the parents or guardians of such child or chjdren reside." ITie trustees and teacher of a school at which non-resident rate- payers' children attend, must see that the law is complied with in this respecL , ►; • •: 1 ^...•,•■.i•^.■^ ,;',', <■/■ y^. X\'-■''^■'>■!^'■^'i\^•J^''■■^r^■i■. .&' '■'C>'^W- ■/''■ , • '1 •-•, ,*■ .' :, ;•.■ ■■if- ":.*'- ■<•*•• ••■• v' •^■■•-'■•■••••^*r^i'^^-' - I OO 111,- ■I '' ■":■!' , ■*'•;■ - •rii: 11 (III!' V, u ■-tf*.>/. \v .,'CC.: ,..,\. )■«„ .-k I 1.^ I • i;.f'."- •VI ;^ ■'i^ further declai"es tliat " no pereoii shall use any foreign books in the bi-anches of English education in any school, without the express peiinission of the Council of Public Insti-uction." 19 —Trustees' Visitation of the School— their responsibility / for it. . The Act requires the tiixstees "to visit from tinie to time, each school under their chai'ge, and see that it is conducted according to ' the authorized regulations, and that each such school is, at all times, duly provided with a [school and general] register and >'isitoi'3' book, in the form pi-epai-ed according to law." They are also required " to • procure annually, for the benefit of their school section, some i periodical devoted to education." ' , .' ' r . .'.. > I Note. — The bdividual power of a trustee in a school is limited. It does not ' include any right on his part to interfere with the teacher in his administration of discipline in the school, nor in his mode of teaching. The teacher is not in any way subject to the direction of an individual trustee, unless acting under the express authority of both of his colleagues. In no case has a trustee the right to reprove or censure a teacher in the presence of any of his pupils. '20 —Second or Female School— unite with High School. ,» Trustees ai-e authorized "to establish, if they deem it expedient, , with the consent of the County Inspector of schools, both a female and male school in the section, each of which schools shall be subject to the same regulations and obligations as public schools generally ; and "when a second school-house is required, then to i-ent,,repairj furnish, warm and keep in order a house, and its appendages,' to be ' used as a school-house. They are further authorized " to take such steps as they may judge expedient to unite their school with any high school, which may be within or adjacent to the linuta of theii- fjection." • • ' • • iw , •, . • ! » .■■•■.'.*• 1 21.— Duty of Trustees and Teacher to report to the Inspector. / 'The law declai-e.s that a school section shall forfeit its share of the school fund, and the ti-ustees become ijersonally responsible for such loss, should they or the teacher fail to fiuTiish the Inspector -with a full and satisfactory report every six months and at the end of the year in the form provided From the instructions printed on the reports themselves, trustees will see that the inspectors are directed to return to them all incomplete or incorrect reports. 22.— Orders to be given to qualified Teachers only for the School Fund. . Tioxstees are authorised "to give the teachers employed by them (and to none others) the necessary orders upon the county inspector for the schoo? fund api)ortioned and payable to their school section ; but they shall not give such order in behalf of any teacher (or a.ssis- tant), except for the actual time during Avhich said teacher, while employed, held a legal certificate of qualification." '/ H'''^( !'■■>.• i:^',:- ■,,\.4 vi;y;; .f-r r^ ..i": :■»{,: „tea.t4..% CHAPTER POWERS AND DUTIES OF A SCHOOL SECRETARY TREASURER AND COLLECTOR. 1.— Appointment and Duties of a Secretary-Treasurer. The trustees are requii-ed "To appoint one of themselves, or some other person, to be secretary-treasurer to ihe corporation." The secretaiy-ti-easurer shall give such security as may be required by a majority of the tmstees. The trustees must take this security and deposit it for safe keeping with, the township council. The object of , the appointment of a secretaiy-titjasurfir is : — (1.) Safety 0/ Papers. — For the correct and safe keeping and forth- . coming (when called for) of the papers and moneys belonging to the '[. corporation; ' *" i, *' (2.) Jtecm-d-of Proceedings. — For the correct keeping of a record of all their proceedings, in a book procured for that purpose ; (3.) Accounts for Moneys. — For the receiving and accomiting for all school moneys, collected by school rate, subscription, or other- . wise, from the inliabitants of such school section ; (4.) Payment of Moneys. — For the disbursing of such moneys in the manner tlirected by the majority of the trustees. (5.) Pepair of House. — ^And for seeing to the repair of the school- house, and care of the school premises if desired by the trustees. (See section 12 of chapter II.) . . . , y ' ^ ' 2.— Penalty on Secretary-Treasurer or Trustee for refusing ' to Account Should iuiy secretaiy-trciisurer or tiiistee withhold or refuse at any time " to deliver up, pay over, or account for any books, papers, chattels, of moneys, which came into his possession as such secretaiy- treusurer, or trustee, * * * or any part thereof to the person, and in the manner directed by a majority of the school trustees for the school section then in office, such withholding or .• .,1 7,11 '• ■* vl 'i 'u V I .v ' • ;*:.,< :<:',-* ->■.' •«'■ 'if. / ■.fu> ' •it;4 ■*'•> '•\> ■■ >>. i^^v*!. .i »■ ■,. v. I '< IL'J .V \ fi' 'V .1- .1', i^\%sVy<. r.t, • I w vVr; ;!n.:». (• «<%-i,-'itr,lP'**^^*i^ J 1 >•• I. . \-:: . - '.lit-: ■:■, i ' -. f -■■.,■ ".■.:' 6.— Trustee Sohool-Bate Boll and Warrant. ' ;• ;'';V The trustees are required to make out, or have made out, from the . - . •• ; Township Assessor's, or Collector a iroll, a list of all pei-sons rated by them for the school purposes of their section, and shall annex to such list a warrant directed to the collector of the section, for the collection of the several sums mentioned in such list. The list and wan-ant should be in the following form : — , ,. .{:».; ,< (l.) Public School RaU Roll of Section No. — , TowHsMp of X \ ■.■ -■■■'.I. <■■■■■ Name of Person rated. Description of Taxable Property. 'Taxable Value. Rate in the Dollar. Amount of Tax. $ cts. . • p We, the undenigned Trustees of School Section No. — , in the Township of , hereby certify that we have levied the foregoing School-rate upon ta.xable property in our Section, according to the valuation of that property, as expressed in the Township Assessor's [or Collector's] Roll for the year 187 . To this List we hereto annex our warrant for the collection of the foregoing Rate, addres.sed to A. B., our School Collector. y f' • )}Trustas' ^' '■ > Corporate ) Ab/. )v:i' />'r.,V Dated at - this — day of- i87 (2.) Form of Warrant for the Collection of Public Sch^l Rates. To A. B., Collector of Public School Rates, Section No. — , Township of , We, the undersigned Public School Trustees of Section No. — , in the Town- ship of , in the County of , by virtue of the authority vested in us by the Ontario Public School Acts, hereby authorize and require you [here insert the name and residence of the person appointed to collect the school-rate] after ten days from the date hereof, to collect from the several individuals in the anne.xed School-rate Roll, the sum of money set opposite their respective names, and to pay the amount so collected, mthin days from the receipt thereof, after retainmg your own fees, to our Secretary-Treasurer, whose discharge shall be your acquit- tance for the sum so paid. And in default of paynnent on demand by any person .so rated, you are hereby authorized and required to levy the amount, with costs, by distress and sale of the goods and chattels of the person or persons making tlefault, and found upon the premises ra*°d, or within the township [or townships] out of which this school section is formeu. Given under our hands and Corporate seal of office, 1 Trusteed this day of , 187 . \ Corporate ) Sed. Note. — In regard to non-residents, railways, and other matters, see Directions to Collectors, a-.d n^cisions.of the Courts, &c , further on. .■,;v ■sX\ moneys which he mry collect (except his own per ceniage) to the Trtuieef Secretary- Treasurer] of the said School Section, within days from the receipt by him of such sum collected, and shall make a full return within days from the date of these presents, then this obligation shall be null and void, otherwise it shall remain in full force and virtue. Signed, sealed, and delivered ) W. H., Collector [Seal.] in presence of L G. }■ F. E., Surety for Collector [.S't'dt.) livered ■! Note.'— This Bond must be lodged with the town:>hip council. If the bond be for a secretary-treasurer alone, insert the following iiutead of "shall use," &c. : "shall correctly keep all the papers belonipng to the school corporation, and shall receive and .safely keep, and faithfully disburse, upon the order of the majority of the aforesaid trustees alone, all moneys collected by mte-bill, subscription, or otherwise, by the authority of the said trustees, and shall de- , liver up to the order in writing of a [school auditor, or] majority of the aforesaid trustees, when called for, all such papers and vouchers in his custody, and all such moneys, not paid out ai aforesaid." , ... ',' .'■ ■ •■"".•.*; •■•'■1 \ ■.,••■•?.■.;■ M .■•.•..••. . ■■'■■.■■■ ..•;••■•^■;'^:i•^#v:^.':^^■•>h•f^' **■ If^! i n »■ 1 s-y "^ — 1—1 ■^mm 'm^^:m0^^ ' 1 26- fi ■v.t ■ • . V.^ !• ■ ' .r • •:'yf'% •■ •' )\ >■ ...■, " ; i , .'■ 1 , ! > t ■ ■ _ 1 ■ 1 li .1 i'. \^'--:¥:t:y ^V.• '^ H'V. ' fi! 6.— For what a Section School Rate may be Collected. A school-rate may be lawfully collected for any of the scbool pui-- posos enumerated in sections 9 to 15, inclusive, of chapter I. » ■ , . 7 — For what a Section School Bate can not be Collected. No rate can be lawfully levied: — ^ ■ )* , ,. i ', '•. > '^»: (1.) Teacher's Salary. — To pay the salary of any teacher or assistant who does not, during the whole time of his employment by the trus- tees, posseas a legal certificate of qualification. (9.) Tmi^tees' Claim. — ^To pay any claim of a co-trustee for anything except a school-site, or as remimeration for acting as a collector of school i-ates. (3.) Cost of Suits. — To pay costs of an illegal suit, or for unsuc- cessfully defending a suit brought against them for illegal acts. (4.) Lnnecrsi iry Expe)ifiPf -—Yar inincopssary travelling expenses &c. '.,'•■ '^ ^ • (6.) For Excessive Interest, and the expenses of unauthomed loans,' Ac. . . • •; Note. — Persons often illegally refuse to pay school rates levied by trustees; because — (i.) A trustee may have omitted to make the declaration of office. (2. ) And because trustees have no school-site deed ; but neither of these objec- tions are valid. The la>y provides other mears of meeting such cases. . A' ,. 8.— Trustees to have access to Township Assessor's or Collector's Boll. The township assessor is required to deliver to the township, clerks 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 I township court of revision, the clerk is required "to make out a township collector's roll. The clerk, or other officer having pos-session I of the assessor's or collector's roll, is required to allow any one of the trustees, or their authoiized collector, to make a copy of it, so far as I it relates to their school section. Note. — Assessors to Vdliu Lands situated in each SecCiou. — The School Lav declares that: "Whenever the lands or property of any individual or company are! situated within the limits of two or more school sections, each assessor appointtd j by any municipality, shall assess and return on his roll, separately, the parts of such j lands or property, according to the divisions of the school sections within the limits] of which such lands or property may be situate; but every undivided occupied lot, I or part of a lot, shall only be liable to be assessed for school purposes in the schooll section where the occupant resides. (See clause (5), of ne.xt section.) 9.— How the Trustees must be guided in making out tbf. Collector's Roll. (1.) School Trustees. — ^The trustees, in making out their collectors roll, must be guided by the school map of the township, in case therel should be any doubt or dispute as to the school boundaries. Thel clerk is i-equired, xmder a penalty, to make this map, and allow thel , a. ■■■■,;'<\t ■ , •.. ■'.. ■■■";■> ■ ',■ -■''■•■ •■■ . ■■ . . . . )cted. iliool pur- llected. r assistant u' the tru3- • r anything joUector of for unsiic- acts. vr expensoa ft-ized loans, d by trustees, ' •' . * ■' )f these objec- s. . ^-> .. (ssor's or rnship. clerk, >ssmeut roll . i-oved by the make out a ig possession ly one of the I it, so far as le School Lav )r company are I dssor appointed! he parts of such I within the limits I :d occupied lot, I es in the school j ig out tb{ nir collector "1 ~~1 in Civse there^ ^daries. The'; md allow the| m ■:tiii^-^):- ■- ■>-*t^i«t>-'.::"^:r ^ '^m-^^ ■•.•v-'^^-^S\..'fv^.' ,;.\^:' ' ! ■.., ■..■ •/-■■ /: -fi'-^-l.' •-,:•:••' ::.:;t^-":'V. trustees' assessor or collector to have access to it. Tltey must alsr.^ adhere strictly to the township assessor's or collector's roll, in regai'd to* the names of persons taxed, and the valuation of their property. (2.) Oniimon. — Should any omission or inistuke be discovered in the township roll, the council is authorized to correct it, so fai- as it relates to each school section. • . .. ..^ . .j.sI .i ., , .. (3.) No Omisiiona. — ^The trustees must omit no taxable property in the section from their list; but they may authorize their col- lector to exempt from payment of the taxes imposed by tbem, any . indigent person in their section. . i ;< ^ r '■J (4.) Inequality of Assessment. — In case of an inequality in the roll of assessment in the parts of uiiion sections, the reeves and inspector concerned are required to equalize the assessments of the-- various parts. . • ; ' •■ ' " '*• '•^'> (5.) Uiulivided Lot. — In the case of an undivided lot (that is, the^ ■ whole or a portion of an original 200 acre lot, owned by one person), . lying in one or more sections, and ha\'ing the owner's or occupant s- residence thereon, it must be assessed only in the section in which the owner or occupant resides. (See noto to section 8 of this chapter.) Noi'E. — A "lot," as here spoken of, is one which contained two hundred acres, . more or less, according to the original survey, and owned or occupied hy a single individual or company. . 'I'Part of a lot," is part of an original two hundred acrC' lot, owned or occupied by a single individual, or company. If two or more such parts of a lot should become, at any future time, the property of a single o\vner, they must then be held to form but part, or the whole of one lot, in the sense of the Act. (2. ) An Undivided Lot must be in the same Municipality— Municipal Boundaries divide Lots. — The Court of Queen's Bench has decided the following case.: Certain property, through which ran a municipal division-line between a town and a town- ship, was assessed by the trustees of a school section in the township, according to the value of that poition 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 the Division Court decided against the trustees, on the ground that the [thirty-second^ 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 referred 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, Hallawell y . Storm. 14 Q. B. R. 541! ' " (6.) Tcuees levied equally upon all ratable property. — The eighth section of the Assessment Act provides that "all municipal, local, or direct taxes or rates, shall, when no other express proyision Las been made in this respect, be levied equally upon the whole ratable property, real and personal, of the municipality or other locality, according to the assessed value of such property, and hot upon any one or more kinds of property in particular or in different propor- tions." Property rates must, therefore, be levied equally on all tax- ■>■■«?■■*■.<','• - .■\ r,!'.-t-f'. , ■ ••.- • , •4,:-.' ^ . •. i-/^-.i>.- t u- »v - .V,' ■ 'V- V - . '.A;k :-«c:^t.- ''■■•-"j' •' > » r . .,::^fl '»i7r' ;'■ ii " ' X • « . :•» .,•<■. nw «.;»>, ' ■ • . - \.i i «i. "iV-' ,•.( J- '..'■yk .'■.,,] « ;i. "A\ '?;■;.., ••.••.,'''. :«v< li i !• .\. , .• * ".•'"•■ ;-. . 1 ■.■■ ' . ■■ . ■ . -".■., -'t-.vi . V,.;'i-.: -«.t"'l.V..-t-i .v;-'^^> '"'■'■, 28 able property of the ratepayers in the sevtion, whether ret^idento or non-residents. (For definition of non-residents' land see chapter IV.) (7.) No Rate BiUa. — No rate bill for tuition, fuel, or any other contingencies, can be levied on pupils, or on parents or guardians, as such, or on non-residents, who own no propeiiiy in the section. The rate must be levded upon all the taxable pi-opei-ty in the section (and 18 a lien upon it), but it must be leviea in the name of the individuals mentioned on the assessor's or collector's roll, whether resident or non-resident. • ■ v"V-, • (8.) Oumer and Occupant. — ^The Assessment of Property Act de- clares that: — "When land is assessed against both the owner and occupant, oi* owner and tenant, the assessor 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 letter H. or T. ; and both names shall be numbered on the roll, ♦ * * and the taxes may be recovered from either, or from ttnj futu.'e owner or occupant, sa^-ing his recourse against any other person." (Section 26.) ; .^ ., » i (9.) Many Oumers. — ^When land is owned or occupied by inore persons than one, and all their names are given to the assessor, they shall be assessed therefor, in the proportion belonging respectively to each ; and if a portion of the land so situated ia owned by parties . who are non-resident, and who have not required their names to be entered on the roll, Uie whole of the property, shall be assessed in the names given to the assessor, saving the recourse of the persons whose names are so given against the others. (27.) (10.) " Unpatented Land, vested ia or he'd by Her Majesty, which shall hereafter be sold or agreed to be sold to any person, or which shall be located as a free grant, shall be liable to taxation from the date of such sale or grant, * * * in the same way as other land, whether any license of occupation, location ticket, cei-tifi- cate of sale, or receipt for money paid on such sale, has or has not been, or shall or shall not be issued, and (in case of sale or agreement of sale by the Crown) v/hether any payment has or has not been, or shall or shall' not be, made thereon, and whether any pai-t of the purchase money is or is not overdue and unpaid." (127.) 10.— Powers, Duties and Liabilities of Collectors of School Bates.* These "powers" of, and the mode of "proceeding" observed by, township and county collectors, are prescribed in the Assessment of Property Act, 32 Vict. Cap. 36, They are adapted to collectors of | school- rates as follows : — * For protection of collectors when acting under a lawful warrant, lee decisions of Court of | Common Plea*, on pages 15 and 3X #. '^.■.,-*';^;-. .-.■.•. • , •> •■• -f, '■•'<•,•'■ '■■ '■.•■'.■■•■ •'• .■• •■■■ .■■■■•«•■■.:!'.--•' ■ •■ annui of al notii road the the shall compi assess roadv (33). ' '. ■ •-^y'-^nJ?',? :;''<,■. \ ■ ' ■■■■'■ 29 . V r. ■ '■'..» .-.if* t:- '.,(>. •;■ ' 1'-' (1.) Collector shall call /or the rate. — ^The collector, oa receiving his warrant and the roll, [see page 25] shall call on the party rated, if residing within or near the section, and demand payment ; if & 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 prirna/acie proof of the demand. (9d.) (2.) Shall seize Oood» and Chattels of defaulters. — ^In case any person neglects to pay his taxes /ourteen days after demand made, the school coUector may levy the same, with the costs payable to a division court bailLS*, by distress of the goods and chattels of the person who ought to pay the same, or of any goods in his possession, wherever the same may be found within the township [or townships] out of which the school section b formed, or of any goods or chattels found on the premises, the property, or in the possession of, any other occupant of tixe premises. (95). ' . \ ,: , (3.) Shall give Public notice, cmd sell by Auction. — He shall give notice of the day of sale and the name of the defaulter, in not less than three 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 magistrate, of twenty dollars, or twenty days imprisonment. (201.) (4.) How to dispose of Surplus. — If the property has been sold for more than the rate and costs, and if no claim be made by some other person on the ground of ownership, lien, or other right, he shall return 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. Ii there be a dispute between them aa to the ownership, the surplus shall be paid over to the municipal treasurer until the dispute be settled. (99-101.) • (5.) Liability of Railway Companies in Scliool Sectiotis. — " The real estate of a railway company (in a school section) is to be considered as the land of a resident." (7.) And the company is to transmit annually to the 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 a.ssessor, and the trustees shall copy it from the asse-ssor'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, an)' station or office of the company, a notice of the total amount at which #>he trustees have assessed the i-eal prapei-ty, vacant lands, and the Ituid occupied by the roadway, and collect the tax at any station or office of the company. (33). .,,.. .... ,.,.... , . ^^^.^V,«* %^i ■ • III I '11 ■4 * ,«.(•,-' Si}, '■u^^k: vi, ,'<-V^( t^"^' •;''•; ''>j-»',-.-/^ m ■I 1 % ,1 ■i ^T -W Public School ColUciore/tMtSfctUn • ^ , , • ^ , {or Sterttary-Trtaturtr). (6.) Omitted Aanessmenta a)id Mistakes. — The School Act authorizes the township council to coiTect any eiror in the assesKinent roll of the section, as cei'tified by the trustees. ,, (7.) Collector to make return at the time spuijied in the warrant, Ac. — ^The collector shall retunx his roll to the tiiistees, 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. (103-104.) (8.) Taxes to be a Special Lien upon land. — The taxes accrued on any laud, shall be a special lien on such land, having prefei-ence over any claim, lien, privilege, or incumbrance, of any party except the Crown, and shall not require registration to piv.sen-e it. • (107.) (9.) Punishmnit, of Clerks, Assessors or Collectors, making /randu- lent Assessments, Collections, d-c. — If any clerk, u<>>p.srior, or collector makes any unjust or fraudulent itssessment or collection, or copy of any assessor's or collector's roll, or wilfully and fraudulently inserts therein the name of any person who should not V»e entered, or wilfully omits any duty required of hiAi by this Act, he shall, upon conviction thereof before a court of competent jurisdiction, be liable to a fine not exceeding two hundred dollars, and to iniprisoiunaent until the fine be paid, or to imprisonment in the common gaol of the county or city for a period not exceeding six mouths, or to both such fine 'and imprisonment, in the discretion of the couit. (177.) (10.) Froceedinffs for compelling Collectors to account for or pay over 3fonei/s i» their hands. — If a collector ic fuses nv iieglects to pay to the proper treasurer, or chamberlain, or other person legally authorized to reeeive the same, the sums contained in his roll, or duly to account for the same i\s uncollected, the treasurer or chamberlain shall, within twenty daj's after the time when the pay- ment ought to have been laade. issue a wtirmnt under his hand and ■?v'- 'p^ I ... J , > ' ♦"-• -:'^^, -rrs^: Wii <,'.;■.•.. (MMtM«HkUtM*M:{M •. ^'>^;! ;•■' . .1- « 32 and being still collector ; and ttmble, that in this case the plaintiff, who complained of the seizure, having led to it by his own conduct, the proceeding should have been upheld in the Division Court at all events. — Chu/ SuperinUndent of Ednca- turn, appellant, in rt McLtan v. h'arrell. 31 Q. B. R. 441. (5.) Colltetor committing Trespass is entitled to Notice 0/ Action. — Limit. — The Court of Common Pleas has decided that a collector who committed a trespass while acting under a warrant issued by a competent authority, was entitled to notice of action, and tha^ the action should be brought within six months. — Sfry V. Mumbyetat. Ho. 15, Xawdon. 11 C. P. R. 285. (6.) Sehool Trustees have power to levy Rale at any time. — Under the Acts re- lating 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 assess- ment roll for the particular year has been transmitted to the clerk of the munici- ^lity, but may aod can use the existing revised assessment roll. — Chiff Super- intendent ef Education, appellattt, in re Hogg y. Rogers. 15 C. P. K. 417. (7.) Expenses of tht School must be defrayed by the authority of the Trustees, 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 voluntary subscription among themselves, and a rate upon the parents and guardians of children alone, for the whole expenses of the school, instead of the provisions made by law ; and a resolution to have such private subscription, which the trustees n^lected to collect, is therefore no answer to an avowry by the trustees for a rate levied by. them in the usual way. — McMillan v. Rantin et al, No. 14, Kingston. 19 Q. B. R. 356. , ■ ' ( (8.) School'tax ufon Parents atul Quardians unlawful. — The Court of Common Plens has also decided a similar case : A general school meeting passed the fol- lowing resolution : "That the expenses of vex school section be paid by voluntary subscription, rnd the balance to be raised from a tax to be levied upon the parents and guardiatjs of those sending children to school," the school trustees, .ffter the failure of the voluntary subscription, levied a general rate, upon which this replevin ' arose — the plaintiff contending that he was not liable, as not being a parent or gtuirdian of a child attending the school. Held, that the tnistees 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 tiventy-seuenth section of the School Act authorized the levy as made. — Craig \. Rankin et al, Ko. 14, Kingston. 10 C. P. R. 186. ' (9.) Form of, and number of. Signatures to Trusted Warrant. — The Court of Sueen's Bench has decided that the warrant may be signed by two trustees [with e knowledge of the third]. In making cognisance under this warrant, it is sufficient to state that the plaintiff was duly assessed, and that the collector was duly appointed. It is not necessary to state therein that the rate was decided upon at a meeting, as required by statute, or how the appointment of collector was mt^dt.— Gillies v. Wood, No. 6, PUkington. 13 Q. B. R. 357. ' (10.) No Rate can be imposed by Trustees for the reimbursement of 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 appelant, in re Stark V. Montague, I4 Q. B. R. 473; and Tierman v. Municipality of Nepean, 15 Q. B. R., 87, (11.) Mandamus against Clerk of a To^vnship 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 ..'j';.'";-'..'; • •■■,■■"■ *' • .'/•■■ . V'-'v':>'''" ••■'■■ ' '•■■■., ;■,..■ ■f,'- ■,'■•.* • , , '■:■-.:.' ■'■ i>'\ .'.■•■■ ^- '' ■■ • ■' 1 ■■ ' .■',■■'■••■.■;•,;;,• ■ c , •'•■■'.P.ti •,■■ ■^■''i-'- ■ ■ ■ ■ • ■ ■•■-■■ II i"' f' iii«» ^ i>^ ■ L I / ■ f ii w ^gy u '1 ■■! "■ ■ ' j ^' ' ^ t C^'^^' '.*^ ' v ' — .■ii. i i mj i I'l " ' ■ ' - " " 1*^^ in aiuwer denied the refuMl, and alleged that he had always been willing to do what was required, the Court nevertheless granted the writ. — In rt TVusUts of UitioH Stheol Section Not. 15, Otonabet, 10, Doun, and n, AsfkoJtly, Castmtnt. I7Q. RR. 275- • ■ ■• '• . \-M 'P-V ■ ' . NoTB.— A mmndamnu U • commuid iuuing In Ihi namt of Iht Sov«r*i(n from a «up«rior court having Jurudiction, and U directed to tome person, corporation, or inferior court, within the- Juriidiction or such luperior court, requiring them to do tome particular thing therria tpeeifled, which appertains to their office and duty, or to show cause why he ha* not done It. This writ was introduced to prevent disorders from a failure of Justice : therefore it ought to be used upon, alt occasions where the law ha* established no specific remedy, and where, in Justice and good government there ought to be one. (12.) Testator's Estate liable for School Rate in the hands of Devisees and 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 testator 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 their ordinary place of residence, and they had received the usual notice of assessment in the form without appealing, and the same two had paid taxes on an assessment on the township roll m their individual name.'■ 12.— -Application to Township Council to Oolleot Bates. Before collecting any school rate the trustees should call a meeting- of the ratepayers to decide whether the money required by the trustees for any purpose should be collected (1) by themselves (2) by the Township Council or (3) raised by loan, under the authority of the council. In case either the second or third mode be decided upon by the ratepayers, a copy of the resolution on the subject, to- gether with an estimate of the sura required by the trustees, sliould be sent to the Township Council, at or befoi-e its August meeting. Should the second mode be decided on, the coimcil, upon receiving the tioistees' estimate, and a i-equest in writing, must levy the whole of the requii'ed rate within a reasonable time, and pay it over to the trustees, (without any diminution for 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 peimissiou at its disci-etion. Should the council do so, it should issue a de- benture for the sosa. to .jQ bori'owed and, (as decided by the Courts,) provide the means for securing repayment of the amount borrowed, by a yearly rate imposed in the manner specified in the Act. (See- chapter I, section 8, clause {F.), note.) ..:;.. / . !V.' ,,V»,rr',.! . .■■■.-. V -■ ;.^.; Vi'. VT.'» MSy'Vm ■ f I ni-ti-iiiil n f ' I 'Trt!::.' 'Trr.'f-igr'nE---i«-j-ij-.- 'vrrrr,- -a .yrrit — .».>.. ■■'iK ■■. 34 • 13.— Township Council Bequired to raise Money for School Trustees. The law declai-es that " For the purchase of a school site ; the erection, repair, rent, and fumitiu« of a school-house ; the purchase of apparatus and text-books for the school, books for the library, and salaiy of the teacher, each township council shall levy, by assess- ment upon any taxable property in any school section, such siun as may be reqoirad by the trustees of such school section, in ace '■dance witii the desire of the majority of the freeholders and householders expressed at a public meeting oJled for that purpose." Note. — In cose of refusal, on the part of a township council, to levy the amount required by the trustees, the remedy is by mandamus firom either the Court of Queen's Bench or Comiion Pleas. (Decisions of the Courts on this sub- ject will be given in part II. of these lectures, and the whole law in r^ard to township councils.) / . , ; \' ■ 'l' ■ ■' ■ ' ■■■••• ' • : :•. ■>;■ - '■. ■ :-i/f-:-i-if(t'''^ ■.i'';',; • ij, •i^'>•■l !■ ' -'. .-:'.o-: ■ ^ .'■ i •■:•.:■!.'■ I 'i',yA4f^i :■ "-■ ■ ■' - ■'■ ■ ■■■■ - . • •■ ' ' ■■' ■■: ■' -■'■ ..••.. - My,.;v/:^tVj;' i! , ill w.!»;v(..;-.-*' ;U CHAPTER IV. THE LAW RELATING TO NON-RESIDENTS. ;■■■« ''',>!■ ••'*'•■'.' 1.— A Besident of a School Section Defined. /' (1.) A person who has his home, or place of business, in a section; and on which he pays taxes, is a resident; (2.) Apprentices; (3.) Rail- way Companies, having roadways, stations, &c., in a section; and (4.) honajide settlers, who.se names are not yet on the assessment roll are to be regarded as residents. (See clause (12), of section 11, of chapter HI.) ■:.i . 2.— A Non-Besident of a School Section Defined. ": A " non-resident" of a school-section is one who does not reside or own taxable property in it. But a person may be a school rate- payer of a section, and yet not reside in it. Transient visitors, and ohildi-en who come to remain in a section for a short time, are also non-residents. * 3.— Non-Besidents Liable for Bates in their own Section. ' A person paying rates in the section in which he resides does not thereby relieve himself from the payment of rates in his o'wn or other section in which he is taxed; and although his children attend the school of a neighboiuing section in which he pays rates, yet they must be returned only in the section in which he resides. (See next section.) 4.— Bights of the Non-Besident Bate-Payers of a Section. A non-resident rate-payer of a section (as defined above) has a right to send his children, or wards (if he be a guardian), to the school of ■ : I ■- 36 any f tion in which he pays school-rates; but "such children shall not be returned as attending any other than the school in the section in which their parents or guardians reside," (See next section.) ' ' 6.— Bestricted authority of Trustees in regard to Non- Rttsidents. ... .,..',.. With the exception of children and wards of non-resident rate- payers, trustees have no authority to admit to their school the children or wards of any other non-resident whatever; nor can they lawfully charge non-residents fees of any kind. (See section 18, chapter II.) 6 — Pefluition of the " Lands of Non-Residents " in a " School-Section. •?*■ The Assessment Act declares that " Unoccupied land owned by a person not resident, and not having a legal domicile, or place of business, in the township, village, town, or city where the same is situate, or whose residence or domicile or place of business therein cannot, upon diligent inquiry by the assessor, be found, and who has net signified to the assessor, personally or in writing, tliat he owns ' r.uch lands and desires to be assessed therefor, shall be denominated ' lands of non-residents."' 6. (See clause (8), of section 9, chapter III.) 7.— To whom is Land not occupied by the Owner, but the Owner is known, to be Assessed? The same act says : " As laud 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 township, village, town, or city, or who has sigtiified personally, or by writing, to the assessor, that he owns the land, and desures to be assessed thei'efor, 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. (24.) • ' 8.— To whom should Land be assessed when the Owner is unknown? Fuither, the Act says : If the owner of the land be not resident, or be unknown, and has not requested to be assessed therefor, in the miumer in the la^st section mentioned, then if the land is occupied, it shall be assessed in the name of and against the occupant; but if the land be not occupied, then it shall be assessed as land of a non-i'esi- dent. (2.'5.) 9.— How to collect Bates from Non-Residents. '1.) As-sess Non-Residents. — 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 wan-ant, «JCiA fourteen days after he has transmitted by post a statement and demtuid, levy for the amount due (with costs, payable to a division '•;-,,-.-',.-;r;v.'- ■ " •*:¥•'■ ' '•■■^ i t- >. ■ .-I'-- t -..V i\ ;'r:''*tsr. ■. •Vv 'r :■■"•..;■,__■ K.'ti&x^xnr.' crt.-^ TcT .jj:mB .t::.cTBf--^-^ .^-?tf^^'-« .. >■..': .!■ V - ,■'' :(^'''; ••1. SI 36 j' ■ !■- tf ,♦1 ■ k"'^ Ik. ..->; '■k: .'■T^vj'' t'"'' '■::>iv.^- . •••■. /«. ' • ? :*».T". "'*■ ^'1 ■ K '■ ■.*.,'■> ,f*.- \ 5» ., "•■■ ¥ 1 ■ /;> ' - I *t . . '',] - i -.*:f . ' .'.'.■■ .■■ .^1 * • » , ' . .1:- • ,. ■ . .A.NV--%;.1 ,., . 10.— Decisions of the Superior Courts in regard to non- resident's taxes. (l.) Mode of eolleeting School Rates from Residents and non- Residents. — The Court of Queen's Bench has decided that trustees are bound to crj'iect by warrant from the resUents of the school section ; and to sue for and recover by th*ir 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. ]Vm. McRae. I2 Q. B. R. 525. (See note to next clause.) (2.) TVustee^ Warrant to collect Scfiool Rates only legal luithin their ality, immediately after the return made to the clerk of the municipality of ■■.■■,'■.'■■■.', 1" ■■•■I.- / ' ■ • " / V- ■■..;••• -v. .s . . -^i- v«'we>' i J wri»rf *^.tfii**ArXJ>.^4i:AWw •.'"7'.';r't, ''S^'f • .•;:^^.■/^;•■;'-'^•:y^y*•*l^•r-N►'•>•/!►L••*i^^^^ if 1- ■ •■ J • ■ • . ...... . ' *.• ' 37 ■;.y.. ,J ■■. what school rates are so in 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 Tritstas No. I, Arthur v. Township Countil of Arthur and Luther. 9 C. P. R. 532. (4.) Mandamus not granted when other remedy can be had. — The Court of Common Pleas has decided that, as a general rule, a mandamus will not be granted unless the party making the application lias no other specific legal remedy [i.e., by suit (as in the case 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 municipal corporation, the affidavits being contradictory, and this court having decided in the case of School Trtistea of Arthur v. the MunieipalUy of Arthur, 9 C. P. R, 532 [quoted above], that an action for a balance due in a case such as this would lie, the mandamus \ns re* tas^.— School Trustees No. 7, Elzevir y. The Municipality of Elzevir. 12 C. P. R. 548. ' V NoTB. — In case of refusal on the part of the township council to pay the amount of these uncollected rates, duly returned to its clerk before the end of the year in which the rate was levied, the trustees can at once enter an action against the township council foi such amount. (5.) Executors, equally with the Testator^^liable for School Rate on Non- Resident's Land. — ^The Court of Common Pleas has decided 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 ot the trustees, directing a rate to be levied 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 to the assessed value of his real property; and that, being so liable, an executor representing the estate is liable In an action of the same nature to which Uie testator might have been subjected. — Trustees No. 2, Dunwieh v. McBeath. ■4 C. P. R. 228. (Sse clauses (l2) and (13) of section 11, chapter III.) 'vVa^- A'^< if^. ■i:-i:x- CHAPTER V. /vV.;*H -'i ■i\'-.r '1.1- 'V:: SCHOOL SECTION AUDITORS— ACCOUNTABILITY TRUSTEES AND OTHERS OF •'•■••■-■•■■' ■ ■■ ■ .■...• ivmc 1.— When, and by whom are School Auditors Appointed- The law requires the trustees of each section to appoint " a fit and proper pei-son" to be auditor of their school accounts b^ore 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 ratepayei-s are also required, at each anntuU meetiv/j, to appoint another auditor, so that either auditor, or the two together may audit the trustees' accounts. 2.— Auditors' time of meeting, and object of it. The auditors chosen, or either of them, shall, " before the day of the next annual meeting" appoint a time for examining the accounts of the school section and apprize the tnistees of the fact. •» IJ 't.' ."iM. ^ft ,'" ('ft--; t: "rsa'i .~i.-;.xrj.T.t[.. 38 '! i •■ J.', :!!. »;>• ::-!ll> •^^v^:; !.;i • ■ .■ I'' ■ ■'•vV'f:..- •. • ■ »' 5 "'■'•••* f, Tl * i'l I i M :^v?' 3— The object of the School Section Audit • Is, " to examine into and decide upon the accuracy of the accounts of the section, and whether the trustees have truly accounted for, and expended for school puii)ose3, the moneys received by them." . 4.— Duration of the Time of Audit. In cose of delay in completing the audit, even beyond the year of appointment, the law declares that "the auditors shall .remain in o&ca UTttil their audit is completed " . ; •; . > s 6.— When and to whom is the Auditors* Beport to be , presented. The auditors are i-equired to subinit the school accounts of the section, " with a full report thereon, to the annual school meeting, next after their appointment." They are further required to report at the same time " the i-esult of ^eir examination of the accounts of the year," and, with the trustees, to sign the trustees' annual report for presentation to the meeting. (See section 3, above.) . e.— What the School Auditors have authority to do. . The school auditors can require the attendance of all, or any of the pailies interested " in the audit, and of. their witnesses, with such books, papers, and writings as such auditors, or either of them, may require them, or either of them, to produce; and the auditors may administer oaths to such parties or witnesses." They have also full power to enforce their decisions, in case of refiisal to comply with them. 7.— Obligation on Trustees, their Secretaries, and others, to give ^Evidence and furnish Information. The law declares that, "if the trustees, or their secretaiy, in their behalf, refuse to furnish the auditors, or either of them, with the papera or infonnation in their power, and which may be required of them, relative to theii" school accounts, the party refusing shall be guilty of a misdemeanour, and upon prosecution (before a magistrate) by either of the auditoi-s, or any ratepayer, be punished by fine or imprisonment," " for any time not exceeding thirty days, unless the fine and cost.s, and the reasonable expenses of endeavouring to collect the same be sooner paid." 8.— Further Obligations on Trustees and other Parties to the Audit. The School Act of 1871 also declai-es, that in case a "school trustee or other person, into whose hands any school moneys or school property shall come, who neglects or refuses to account for or. deliver up the same, when called upon by competent authority to do so, the County Judge shall mnke an order requiring such trustee or person N ..,.•.1 ■■'•Vv;. ^:■-•^>;^■./^• ' -J- C. '> , L ,i^ ^y """^ MtiWf il- i-y.-tLnOi.^-.i-.jahV.^. 'jfmLto:^ . -, ff '.if.. 39 •*-•• i'.f. to appear before Lim. The judge, if he thicks the complaint against the party well founded, shall order, the party complained of to deliver up, account for, and pay oyer, the books, papers, chattels, or moneya applied for, by a cei-tain day, with reasonable costs, on pain of im- prisonment by the sherifif, without bail. . , . 9.— Besponsibility of Trustees and others for Lost School ; .Moneys. . ...-, ; ,:.:,^:. :,,; . . . ■ If it can be proved at the audit, or at any oiher time, that " any pait of the public school money be embezzled or lost,- tiirough the dishonesty or faithlessness of the party to whom it has been entrusted,, and proper security against such loss not having been taken, the person whose duty it, was to , have exacted such security, shall be personally responsible for the sums so embezzled or lost ; and the same may be recovered from him by the pai-ty entitled to receive the same, by action at law in any court having jurisdiction to the amount, or by information at the suit of the Crown." ,-,,'.• .* i, ,i • .•*»*;• 10. i y^ '*^ -Question as to the '* Lawfulness " or Expediency of Trustees' Expenditure- ' The auditors can only decide upon the lato/ulness, and not upon the expediency, of an expenditure. The trustees are the sole judge-s of the expediency of any expenditure. It is only on matters of difference between the auditoi-s themselves as to the lawfulness of any expendi- ture, (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 inspector. (See next section.) 11.— What are Lawful School Section Expenditures? The " expenditure " of a school may be " for any lawful purpose whatsoever," and may therefore include collector's fees, law costs incurred in maintaining or defending necessary or successful suitst (KXHtages, or any incidentals connected with the office of trustees. While trustees cany out the lawful decision of their constituents, neither the uuditora nor any puWlc meeting can limit, or deprive them of the authority confen-ed upon them by the Act," as to what- ever they may judge expedient with regard to the building, repairing, renting, wanning, furnishing, and keeping in order the section school Jmu.stt, and its ftirnitui-e and appendages, and the school lands and enclosures held by them; and procuring apparatus, libi-aiy, prize, and text books for their schools, ic," 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 requii-es trustees, their secretary-treasurer and all other parties concerned, to fuinish the school section auditors with all vouchers for tlie payment of school money during the year, together '^V^^: .,:• .; .•...•.»St., V i^ ■ty-r: JW:'-. :>.••«. 1 P i' •SI:?:.' *:'■ -•:-»'.: H '.:{"''■ V'' ■•",>-■ ■■ •''■ T- '> '.' -♦•nr ■^■-^5"f<■A.*:'»^^''.i■ li i.ii » r. r" -' I I - ■'- ■ '■-\_ 'of / .-i;/ ■ \ ■ ■ •';■■ ' I'll ■•.■■" ■'- # .11 'u. -* ;; 1 • 't * .* ■ ■;i.t-.' ■'■■ 1 ■; ■1.. .*■ . . • ' •••;v .. ^^•^.■. . -''■■•.},■. ■ U' ■■x .< , '•> V- f. .. 40 with such contracts, agreements, papei-s, books, &c., and verbal infor- mation, under oath, if necessary, on the subject of the receipts and «xpenditui'e as may sei've to ejicplain the items in the accounts. In case of difference of opinion between the auditora on any matter in the accounts, it shall be referred to and decided by the county inspector.** 13 — Summary of Duties of Trustees* The duties which trustees are required to perform, may be sum- marized as follows :— V ; . . (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, &c. ■•'.■'., (2.) To prosecute all illegal voters at school meetings. * ' ' (3.) To make a verbal declaration of office within two weeks after notice or knowledge of election as trustee. H.) /■ what their school is furnished with a trustees' book, a visit\>i- -OS: a teachei-'s i-egister, and a Journal of Education. These uwo ia>.Ux are furnished without cost. The two former must be purchased at the expense of the section. (6.) To employ, ard pay school moneys to none but legally qualified teaicherj. (6.) To fix no rate-bxli ipon persona sending children to scliool for ■any purpose. (7.) To permit all pupils between the age of five and twenty-one years, on whose behalf school-mtes ai-e paid, and who observe the iiilcs, to attend their school. (8.) To visit the school and see that it is properly conducted ; that ' no unauthorized books are used; that all the pupils are properly supplied with pi-oper text-books. , (9.) To exercise all the corporate powere vested in them, for the fulfilment of all agreements, contracts, kc. ; and to maintain a school in their section during the year. . (10.) To transmit ^eir ludf-ytarly retuiTis and their yearly reports to the Inspector, and also to submit their yearly report to the annual (meeting of their constituents. (11.) To affix their corporate seal to all contracts, agreements, deeds, &c., under their hand. (12.) To appoint and take proper security from the secretary- ■treasui'er and school collector. (13.) To make a return to the nnmicipal clerk of all lutes imposed by them. (14.) To make no contract with any member of the school cor- poration, except for school site, or as collector. (15.) To ti-ansact no school business except at a trustee meeting •of which each member of the coi'poi'ation has had due notice. (16.) To appoint a school auditor before the 1st of December in ■each year, and lay before the auditors all necessary information. -. , ''■".I' :•',>.'■■ ■ ■ \> ;, ^•■i,:'-'^ ;• . -■ ■ .7 y^^:^^■■:^■^K^■i:r : .4*isad6ik'..aS0ifMma:»iu:.- r:,:jMSH :^y^P%i (17.) To comply with the awaxd of the arbiti'ators aiising between themselves and other parties, under the school law. (18.) To call school meetings when desired by the lutepayers to decide the question of school site. (19.) To provide, at the expense of the section, for the cleaning of the school-house and the lighting of fires, iic. (20.) To provide a well, play yard and separate conveniences for boys and girls. , >„ - ^ , (21.) To see that the prescribed programme is fully carried out. (22.) To provide an assistant for their school, in case the average attendance of pupils exceeds fifty. ..,'vf/. • ■ (23.) To provide suitable school accommodation for all the pupila in their section, as defined in the regulations. (24.) 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. (25.) To follow the township assessor's roll in making out the list o^ and collecting, the school rate. (26.) To take possession and have sole custody of all common school property, moveable property, moneys, &xs. (27.) To obtain a legal title to ^eir school premises, aa provided by law. (28.) To do whatever they may judge expedient in regard to the building, fitting, &e., of the school-hoase, appendages, play-ground, enclosures, lands, and moveable property. (29.) To have the sole authority to appoint by written agreement, and fix the amoimt of the salary of all male and female teachers employed by them. (30.) To appoint a school collector, secretaiy-treasurer, &o. (31.) To establish, if they judge expedient (with the consent of the inspector), a male and female school in their section. , . (32.) To provide a teacher's residence. . i>. >, (33.) To raise all moneys, in the manner authorized by the school meeting. No meeting can lawfully decide what amornit the trustees shall raise, but only ti^e manner in which they shall do it. ' Should a meeting neglect or refuse to decide upon the manner of raising the sums required, the trustees can exercise their own discretion as to which mode they will adopt. ' ■ . ' (34.) To apply, if they judge expedient, to the municipality of their township, once a year, before the August meeting (except in case of a site and building), to raise any school-rate authorized by the inhabitants ; and to compel the council to collect it, by mandamua from one of the Superior Courts, ahoidd the council refuse to do so. (35.) To exempt at their pleasure all indigent persons from section school rates, and provide their children with text books. (36.) To sue non-residents for school rates. School taxes on absentees must, however, be collected as pointed out in section 9, ■'1 ^- .„i,-4.».. !!'■« '■'■■■/ X. 3t»- . ■«'.i:>.'''-r'?;"'A' • ■K Sm. ^■■'%:; I !.' ft <' i .-.VST;." '.j^..:^^; ^■'■ir.i .1 i.'< •• ■ ■ ■«•> H'^ "^^ rwiv. ■V' '.v. ■<. i.y^ ii^^/^^i'^ ' \*^i>>>w' Y¥i ■A W^ iih ..< .'\; ■;\Vi..v-, M^..:^;:M fr»lr «t-M»m •-'.,»' i *< : • -X i 42 • r A' ,''-■• V ■«- >-^:^-. v '^ - ■ •.'ll'l - «r' .^i-l* chapter IV. In case the township coiincil shoiild refuse to pay these taxes (duly returned to the clerk,) the trustees can enter an action, in any competent court, against the township council for the amount. (37.^ To call a special school meeting for any lawful school purpose. i ■' (38.) To unite their school with the adjacent High School (if de- sirable.) >. ■ ■!• .• '>:'^ ■.>'''\ ■■•• ^i ■ v. (39.) To resign the office of trustee (if necessary,) with the consent .in ^Anting of their colleagues and of the Inspector. (40.) To decline re-election if they see fit for fiywr years niext after going out of office. ' '■■ ' ■ ' •' .'■ -■'• ^'_-'' •■; ' •■'■'.." '■ ' • ;-r '' 'o V "'■" (41.) To apply to coimty council against any objectionable iact or by-law of a township coimcil in altering the boundaries of the school, or to request an adjiistment of their school section boundaries. (42.) To comply with the school law and regulations generally. , N.B. — ^No school meeting of their constituents can deprive trustees of any of these powers, or prevent their exercise. '^', j:t' • ;> -'•> ' ^' % ■ CHAPTKR Vli ! I ; • »> PUBLIC SCHOOL MEETING; ■^r ■I. t (.:-:h Ui-^j H— Day of Annual School Meeting fixed by Law. > Th« Aay fixed by Statute for the annual school meetings throughout ^' the province ia the second Wednesday of January, and the hour at tm' o'clock in, the forenoon. The proceedings cannot close before . eleven o'dock, nor be kept open after four o'clock, p.m., of that day. Tltey cannot stand over to the following day nor be adjourned, nor fiiil, should only two electors and two trustees be present. (See next section.) ' . ,. S.— Public Kbtice of Meeting must be given by Trustees- Three public notices, to be posted in as many conspicuous places in the school section, should be issued at least six clear days before the day of meeting, and signed by the secretary (by direction of the trustees), or by a majority of the Trustees themselves. The corporate seal need not be attached to them. These notices should state the time, place of meeting, and all the business to be brought forward. Should the meeting fail to be held for want of notice, or other cause, any two rate-payers, or did inspector, may call a school meeting within twenty da/s after the second Wednesday of January. > •.i:-0 jMKiii i-«iir{:..■<' " I do declare and affirm that I have been rated on the assessment roll of this school section as a freeholder (or hoxiseholder, as the ease may be), and that I have paid a public school tax due by me in this school section, imposed' witUin the last twelve months, and that. I tun legally qualified to vote at this meeting." ■ , lu Vr.i , 6.— Appointment of a Chairman and Secretary of 'the ■ . School Meeting. yi^^ ,M The first thing to be done, before proceeding to other business, is the appointment of a Chairman and Secretary. The chainhan may be an elector or non-elector, at the pleasure of the meeting (if a non- elector he cannot vote). The secretary may be the^iftaKher^of the section, or any other competent person. 'ir'//<,iiui -iilT '.I itqh'riHOii'i; -j-h) 6 —Duties of the Chairman of a School Meeting- u (1.) To keep order. ... ,,♦ _i^; , if.i<.>ij ^^ioy oifvf ■)>.oifi» (2.) To decide all questions of order, subject to 'iaaapppal, to tii^ meeting. . , -k: i.^^. L'Yu\byjh ?.i\i k\iwi.':i;rA-i is.) To give a casting vote (but no other) ifj.an elector,.,,,,- j / ji\ 4.) To take the votes on any question before the'meeiting,. in any manner desired by two electors present.. (See. sectioa l4'of .this chapter). . . . . . ^ ., j r;o;;-r(t,, VJ-iktU .L'iSar (5.) To hear the verbal declaration of office made (in the woras'of the statute) by the trustee elect. .,..; ,,, i ,;,f nvi/r Srr -^ ,i (6.) To transmit to the inspector a copy, pf^thi? proceedings of the meeting, signed by himself and the secretary, .under a penalty of. five dollars fcr neglecting to do so. , ., i , . :->,,.■, , i , i.. ., ' - > !r.^" W.<^i f ,^ . !.. ;vv., '^^W. •v--V^'^^ ■/r. ;c '» 7 — Duties of the Secretary of a School Meetinjgf. il.^ To make a correct minute of the proceedings. '".. , 2.) To sign the minutes for transmission to the Inspector/, ': , .^ 3.) To hear the declaration of office made by the chairman)' m'(dB|se he should be elected trustee. " "' ^"■•' ' '"' •?(-'-■ .J-.^ .>, ;; UBJaarrr-irr" '1^ •• 'V r. ■r i 44 - [ 8— Prescribed Order of Business at a School Meeting. The following is the order in which the business of an annual school meeting should be taken up : — l.\ Calling the meeting to order bj the senior trustee. 2. ) Election of chairman and secretary. 3.) Beading of trustees' annual report and miditors' statement of receipts and expenditure. ▼ 4.) Beoeption of trustees' report and auditors' statement. Election of trustee to fill the vacancy of the year. Election of trustee or trustees to fill any other vacancy. Election of a school auditor for the next year. Deciding by whom the school expenses of the school shall be (that is by the trustees, or by the township council.) ' Note. — The school meeting has no power to alter the trustees' estimate of these expenses, nor to interfere with the appobtment of the teacher, or to reduce his salary. I'hese expenses, which cannot be reduced by the meeting, include the items of rent, insurance, repairs, fittings, printing ; salary of teacher ; maps, •ppiiatus, tablets, library, prize and text books ; fuel, cleaning, lighting fires, care of premises ; postage, stationery ; collector's fees ; cost of site, building, teacher's residence, outbuildings, shed, fence ; planting and laying out pounds ; school bell and all other necessary expenses incurred by trustees m maintaining the school. . : (9.) Any other business, of which due notice has been given. ' Note. — No business can be lawfiilly transacted at a school meeting, unless due notice shall have been given of it by the trustees, inspector, &c., beforehand. 0.— Bules to be obseryed at each School Meeting. The following rules are to be observed at each school meeting, (see also section 10 of this chapter), viz. : (1.) PoU demanded. — ^The name of those who vote for, and of those who vote against, a motion, shall be entered upon the minutes, If two electors require it, at the time of voting, and even after the chairman has declared the motion carried. (See section 14, below.) ' (2.) Votes. — ^All votes shall be taken in the manner desired by a majority of electors present, and a poll shall be granted if two electors desire it. Every vote tendered shall be received by the chair- man, unless objection be made to it. In that case the chairman shall require the person, whose vote is questioned, to make the declaration provided by law. A/ter making it, the vote must be received and recorded without further question. (3.) Protest. — ^No protest against an election, or other proceedings of the school meeting shall be received by the chairman. A U pro- tests must be sent to the Inspector, at least within twenty days after the meeting. (4.) Adjournment. — A motion to adjourn an annual school meeting until the business is finished is unlawful ; but a motion to adjourn a special school meeting shall always be in order; provided that no I'.'.''' ■ ■'' I ') .. -•-'!,-% . !! ,-•>. ^ri: • iJ. J>V'..V .•*■;;. ^r/-y;if^'MMM&^^^ ', H.^i'.v >,■•.»'■ y;-^mi:. "«'' i ;tf'' ^3^V1 ,■■•<«, . • ••■■• J5.) Mictions to be tecondtd. — A motion cannot be put from the chair, or debated, ess the same be in writing (if required by the chairman), and seconded. (6.) Withdrawal of Motion. — After a motion has been 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. (6.) Kinds of Afolions 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 pat in the order in which they are moved. Amendments shall always be put before the main motion : the last amendment first, and so on. ' 11 — First BtuinesB of the Annual School Meeting- After appointing a chairman and secretary, the first business, before electing a new trustee, ia the reading of the school trustee and auditors' report for the past year for the information of the meeting. (For other items of business to be brought forward, see section 8 of this chapter.) . r . ■ '' • 12.— What the Trustees and Auditors' Beport shall contain. 'The law of 1871 declares that "the report of the trustees required by law to be laid before the annual school meeting shall (1) include a summary of their proceedmgs; and (2) state of the school during the year, together with (3) a detailed statement of receipts and expendi- ture, signed by either or both of the school auditors of the section; and' in case of a difference of opinion between the auditors on any matter in the accounts, it shall be referred to and decided by the County Inspector, .v,V . ■■ .■ ■..,[., 13— Who may or may not be a Trustee. Any fit and proper person who is a resident assessed rate-payer of the school section, may be trustee thereof; but no inspector, teacher, non-reaident, or supporter of a sepaitite school can lawfully hold that o£5ce. The chairman 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. 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 chapter I., sections 1 and 2.) r 14.— Three Modes of Trustee Election prescribed- • In electing a trustee, one of the three modes authorised by law may be adopted, viz.: (1) by acclamation; (2) by a show of hands; and (3) by polling the votes. The law requires the chairman to adopt the latter mode at the request of any two electors present, even although he may, on a show of hands, have declared the person elected. > l.li.J 11 ^Jl '•:- / ■ •■ * • •■-!'.■■'* ' . I'' *■ ■' '■■■■ ■■..•'V.^?^;?:5v'v'.; ■ ' "" '. ^^-"^m^^^ ■?*:*^' iMrim- »^ri» ■•»; ^i^: :« .K'. :-s..- .■;;^>r ^>r ignore the award of arbitrators ap- pointed to felect a school site. (5.) Rate bill. — ^Impose rate bill for fees, fiiel, or other purpose, upon residents, or non-residents. (See chapter lY. on non-residents.) (6.) Trustees' 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 the school premises. -' ' 'V-^'.,* ■^' ' t I ■J .)■ \ . CHAPTER VII. SELECTION OF RURAL SCHOOL SITES. <.■■; ••:'.''lV^'■■■'i"^■■•■•''■•■. \ ! I. i i ; 1 ' •'.1. 1 ' ' 1 1; • t t - • >-- \ * .... ■-.:;;'»•' l.— When a School Site requires to be chosen. There are three cases in which the question of School Site comes up 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,-^oint action of Trustees and Batepayers in the 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 trustee alone to determine. . * 8.— Meetings required for Procuring or Changir.g a School Site— When it cannot adijoum without action. , The necessity for joint action is clearly obvious, even without an expression of opinion, when a new school section first goes into operation. It is, however, frequently difficult to determine whether the state of feeling in regard to a change of site in an old section is siifficiently decided to warrant thie trustees in calling a meeting to discuss the question. However, if they know that such a feeling exists, the law requii-es them, within 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 exists ,, I ■MMHiWiiliM .■:,-^.^^ ■'■ •''^*'^jf iV'r.V:- ^$^j^y*:',- 49 ea for • JI9VIH ing of '« >r the upon. * 'r^ 's ap> * >^ rpose, ents.) ght to senses *^ «i f ''•a ■*>'■■:■'''■■- • ■' • '% ; .■ - ; "■* ■ t ■'^ -,* '{ ^;'*,* 7 '-•''« ■•'"', i-«^ 'K I^ ■^\'V>i; ■' :^ ." 1 i • iiS ■i': ! ;'' ■ ■t -S ^:C "between the majority of the trustees and a majority of the i-ate- payers," the law requires that each party shall at once choose an arbitrator. It is, therefore, not competent for this special meeting to adjourn, until either the majority of the trustees and the rate- payers agree as to a site, or, (in case of a difference of opinion on the subject,) they respectively appoint an arbitrator to select one for them. (See next section, and section 8 of this chapter.) ',••"/ •;t »> ■■Ml-'K'; ' 4.— Bemedy in case of failare to call a 7£eeting, or to ' appoint an Arbitrator. '''.' In case the trustees refuse to call a "special meeting," as required by law, for "prociuing" 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 and 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 inspector, 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 car^cing vcte, provided *\ he and the one arbitrator appointed " ahould Tiot agree." - i J « ' ^ • , - . , ■ .-. t ' . ?^.',' i i ■ * ' ,.'•■.■ /' ' ■ . ■.' ' ■ •' , ' . ; .> ' ; 6.— Bemedy in case one of the Arbitrators should reftise to act. Should two arbitrators be appointed at the school meeting to select a site, and should either of them (having received notice) neglect or refuse to attend a meeting of the arbitrators, on the subject, the law declares that " it shall be competent for the arbitrators present to make and publish an award upon the matte; submitted to them, or to adjourn the meeting for any period not exceeding ten d&ys, and give the absent arbitrator notice of such adjournment." 6.— Power of the Arbitrators— Kind of Site to be chosen. The law [cays, that "in case of a difference as to the site," the arbitrators cppornted " shall finally decide the matter." The choice of the arbitrators as to a site is thus left free. They are not bound to select either, or any of the sites in dispute, but 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 owner), should not be within a hundred yards of his house, orchard, pleasure-ground, or dwelling-house. " Arbitrators are "entitled to the same remuneration per diem for the time employed" as are county councillors; "and the parties concerned shall pay all the expenses of the arbitration," acconUng to the award of the arbitrators. -, .-. • ■ ■■■"■'■;>• •,.y .•;+■*■ .■:v.-'rJ>f:.: ■•■"•i'.-^i^'t I . I "tM' .^■. i .^C': '.V' *.' I ■:.V *'. .. '■. • ■■ v., ,■■ / • v , a1)V «•• ,,.,,iv..-">i, .-,. . .-•.ill' K» I ,. mMM i 7.— Making and Publishing an Award— They may be by Deed or Parol. , When the axbitrators 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 informa- ■ tion and that of the ratepayers. This is " publishing " it. It is . competent, however, for tiie arbitrators to declare or publish the . award orally, in presence of the parties, concerned, viz., 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 declaration made, and should be merely a written copy of it. Any material variation in the written copy from the oral award woidd destroy its validity and &aslity. (See Davis v. M'Givem. 11 Q. B. R 112.) . ' ■■ ■. . ,<> 8.— Summary of Qeneral'Bules in regard to Arbitration. :Atii-' (i.) Constitution of the Arhttration Court. — Any one who can contract, cin i ' submit matters in dispute to arbitration. Either a fnend or enemy, or a person having an interest in the cause, may be chosen. All the arbitrators should be ^ chosen before proceeding to the arbitration, except where otherwise provided (as in the case of a school site. ) Where there are an odd number of arbitrators, a majority decides all matters submitted to them; but, where the number is two, four, &c., who are equally divided in their opinions, any person who may be selected as umpire has the sole ri^ht to determine the points of difference, and make the award. The inspector is, ex officio, umpire m cases where only two arbitrators are present. , '• (2.) Duties of Arbitrators. — It is tlie duty of arbitrators to liear evidence on both sides. If parties to the arbitration, and their witnesses, who are duly notified, do not attend, the arbitrators can proceed, ex parte, and decide according to the best evidence before them. 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.) Ttmt 0/ making an Award. — If no time be fixed, an award should be made and published within three months firom the time of the submission. The time for ", making an award nftiy, however, be enlarged. If time lapses, the power of the arbitrators b gone until it b enlarged. (4.) Making and Publishing an Award. — All awards should be in writing, but may be made and publbhed orally. An award is made when all the arbitrators have signed it. When signed by the arbitrators, iheir power is gone. An awud ; is published when it is sent to the parties concerned, or notice is sent to the parties , afllected by it that it is ready to be delivered. It shouM be delivered on the day fixed, and then the fees and other expenses ?n it are payable. Any kind of words may be used in an award; but it should be definite and conclusive on all the points submitted. Arbitrators are not required to give reasons for their award. (S-) Judgment and Experieiue. — In Mat tin v. Kergan, (2 Prac. R., 370), it was held that the parties to an arbitration "have a right to the arguments, experi- - cnce, 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 abo'it them, each party pays his own costs of reference, and the costs of the award are t> be borr.e equally. — Glen v. Grand Trunk Railway, 2 Prac. R. 377. •'- r'>. t ,','- i;',N .' \', . •,:,■.■.'«■.;.. _ V.<'.;'.y •|-<...ljf;,- ■/-' ;'.i • •■?''.V'' '/'•'• ■ rrtifcWtiih'^"-'^^*^'^'^ 7 " ould raid.' : ' rma- It is I the ublio thus bove) node, iatio!! iidity ion. ict, can I . person ould be , ided (as rators, a ■ is two, may b& . ice, and inly two^ lence on notified, ig to the lut, if he '■ Te may, another, , ific work , I be made time foe '. ler of the Iting, but Irbitrators tn award \ ke parties , n the day I of words in all the Iward. 370). ».* Is, expen- Idiscretion Is his own \—GUn V. 61 , : ' ■ ■ ;^_;:<^ 0.— Power of, and Bestriction on, School Meetings in , regard to "Awards." Even after aa arbitrator or arbitrators have beeui appointed to select a site, it is' competent for a majority of the tiostees and of a public school meeting called for that purpose to s^ree upon the choice ■ of a site before an award is made. ■This agreement revokes the submission of the matter to arbitrators, who should at once be notified of the fact, so that no award may be "made." If, however, an award be made and published, it is not competent for the trustees, or a ' public meeting, to set it aside, either by choosing a site themselves, or by appointing other arbitrators to select one. "- -■■* . '..'.•■'■ •: .*.-f. 10.— Powers of the Trustees in regard to enlarging a ■, School Site. y^" Where no desire is felt by the trustees or ratepayers to change the site of a section, the trustees have full power to enlarge it at their., discretion, and to erect a new school house on It, or to repair the old .^ one, without consulting their constituents. .•';■.;-,-; r '■.^:sx II.— Sale or Exchange of the old School Site. In case a new school site is chosen in a school section, and the old one is no longer required, the trustees ore authorised " to dispose, by sale or otherwise^ of any school site or school property not required .' by them, and ■ to convey the same tmder their corporate seal, and to apply the proeeofls thereof for their lawful school purposes. And all sites and other property given or acquired, or which may be given or , acquired, for common school purposes, shall vest absolutely in the trustee corporation for this purpose." ' * 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 be no longer required in consequence of the alteration or the union of school sections, the same shall be disposed of by sale or otherwise, in such manner as a majority ot the mte-payers in the altered or united school sections decide at a public meeting called . for that purpose. And the inhabitants transferred from one school section to another, shall be entitled, for the public school purposes of the section to which they are attached, to such a proportion of the proceeds of the sale of such school : house or other public school property, as the assessed value of their property beats . .to that of the other inhabitants of the school section ftom which they have been so separated ; and the residue of such proceeds shall be applied to the erection of a ' new school house, or to other public school purposes of such altered or united sections." ', 12.— Owner of Land must Sell School Sites selected. If the owner of a newly selected school site, or of land adjoining an old site (which the trustees have decided to enlarge) should refuse to sell it, or should ask an unreasonable price for it, the law requires the trustees and owner each to appoint an arbitrator to appraise the . damages, to the owner, of such compidsory 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. , , , ; ...',■• '{*;;?/ ''.■*.i. •'•iVl-v.i, ■ yvA ^?!>a^y Vi<* V. ■ I* * -V • . '■■^- " >)• .' ■ j*t\. ., : . ... A •1: ;■. -*■' * - 1' -^ v i > ■ ^* ' .' .n.v; '^ W'f 0- ■li ;^n% --^^Z^ -. . -*v; ,-'i^-: ^:^.^ ■■ ^ v^.- A.Sfa.^- 62 13.— Power and Privileges of the Owner only relate to a new Site. i On the selection of a person's land (without hb knowledge or consent), withia one hundred yards of his garden, orchard, pleasure* ground, or dwelling-house, the owner may either consent to the ssile of the new school site at a reasonable rate, or he may refuse to sell it, at his pleasure. But, in regard to the enlargement of the old school site, the law giyes the owner of the adjacent land no such privilege, and (.he trustees should offer to buy the additional land. In case of refusal to sell it, the law requires the trustees and owner, each, to appoint an arbitrator, to appraise the damages, and upon tender by the trustees (as above) of the amount of damages awarded, the trustees can take and viae the land for the ^'^irposes of their tx-ost. Note. — The provisions of the law on the compulsory sale of school sites are twofold, although thty have been frequently confounded together. The first part of the section on the subject refers (ist.) to " the selection of land for a scAool site," and (2nd.) to "the selection of land for enlarging school ffremises." la these two cases, the trustfees can demand an arbitration should the owner of the selected or enlarged site refuse to sell, or ask too large a price for the land. In the firft class of cases, (i.e., the selection of a new site,) the owner can lawfully refuse *to sell, or to submit to arbitration, when the selected is within lOO yards of his "orchard, garden, pleasure-ground or dwelling-house;" but where the trustees merely wish to enlarge their existing school premises, the owner has no such right The provision of the law, giving this right, limits it to the " selection of a site" and not to the enlargement of the school premises. Two things are provided for in the Act, while the right reserved to the owner of the land refers only to one of them — that is to the case of the selection of a new site, and not to the enlargement of the old one. The provision of the law does not in any case (as has been supposed) apply to persons whose house, orchard, &c., may happen to be within loo yards of the proposed site, but who are not in any way concerned in the sale of land for the site. 14 —Township Council may purchase School Sites. The Municipal Institutions Act authorizes to^vnahip councils to pass by-laws " for obtaining such real property as may be required for the erection of public school-houses thereon, and for other public school purposes, and for the disposal thereof when no longer required; and for providing for the establishment and support of public schools according to law." 15— Decisions of the Court in regard to School Sites. (l.) /« selectinga Site,- Trustees cannot act vrithtntt consulting their constituenu. — The Court of Queen's Bench has decided that the trustees cannot, without refer- ence 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. — Orr\. JRanney et al, No. 15 Westminster. 12 Q. B. R. 377. (2.) Arbitration be/ore 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 restrictions lately placed by statute upon this right of one party to revoke without the concurrence of the other, but it would be most unreasonable and inconvenient to hold that both the parties may not come to a settlement of their dispute, and so dispense with the necessity for the arbitrators proceeding. — Chief Jtutice Robinson, in re Vance v. King, et at. No. I Hallowell, ai Q. B. R. 187. - (3. ) First arbitration in regard to a School Site, cannot be set aside by a subsequent Special Meeting. — ^The Court of Common Pleas has decided the fbllowing case ; When a meeting > as . 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 meetmg 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 authorify to alter the determinations previously made. — Williams y. Trustees, No, 8 Plympton. 7 C. P. R, 559. (4.) Replevin — Arbitration in regard to school site — Blanks filled in after execu' tL ^ — Award rendered invalid thereby. — The Court of Common Pleas decided the ifollowing case : Replevin* — Two defendants avowed \i. e. maintained and justified the act done bv them] ; the third pleaded the convening of a special meeting of fireeholders and householders of a certain school section to procure a school site, when it was agreed to procure a certain piece of ground and erect a school-house thereon, wbicn* 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-house, &c. The plaintiff pleaded that the meeting above set forth was null and void, because before the said meeting another had been con- vened according to law, when a difference of opinion existed between a majority of the freeholdeis and householders as to choosing a school site, and arbitrators were appointed, who decided upon a certain site, which decision remains in force, and the defendants in contravention thereof wrongfully purchased the site mentioned in their plea, and wrongfiilly distrained, &c. Upon demurrer, Held, that the second meeting pleaded by the defendant was a violation of the provisions of the statute, and tluit the plaintiff was entitled to judgment. The arbitrators to whom a reference in this cause was made under the school act executed an award, the description of the lot not being fiilly inserted, but a blank being left therefor, which was afterwards filled in and the word lot altered into gore. Held, that the award was insufficient. Hdd, also, that school trustees who executed a warrant as such trustees under the seal of the trustee corporation were not personally re- sponsible. — Rylandy. Xinget al. No. i, Hallowell, [See decision of the Queen's Bench below, in effect reversing this case.] 12 C P.^ R. 198. For definition of the word " replevin," see * below. (5.) A similar case decided by the Court of Queetis Bench. — Replevin against two school trustees and one King, a bailiff, for a horse. Defendants pleaded, I. That they did not take ; and 2, an avowry, setting out in substance that on the 30th of October, 1858, a special meeting of the freeholders and householders of ■•'■,'■■ the section had been duly called to procure a school site and erect a school-house ' '^ thereon, at which it was agreed to procure a certain site named : that this was . ' procured and the school-house built : that the plaintiff was duly assessed for a sum specified : that the trustees by their warrant commanded King to collect it ; and that after demand and default made he seized the horse. The plaintiff pleaded / to the avowry, Xst, 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 tu the site, in - « * Replevin: the name of an action for the recovery of soodt and chattels. Replevy: to redeliver goods which have been distrained, to the orisinal possessor of them, on his givins ' plcdses in an action of replevin. ,.^ %*■■■!'/■<•"■'■'.•'. • ■■• ' /'"-•^■{•••'■V'-i'-'',;"/' t- ' Xi.-.< it *■ ;. '■« ^': •.■■>< .U ill ,'i;>i' ':..':,'■■■ ■ ■■ '.•■.■: ."■ ■ '. -.-r ^'^ :-'''^^^^'-.r ?■'-''• -"-'-'^^-^t^ ''^^iy- U ■*:-'& ■ ^^^m^^ 1 ^^- HI ■ f •■■V '^'^' '^'^ -*'-■■' -••-r-fniir-^^*7"'"''''T 54 ■I !■• -.■•■ ■ : .- f '' 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 hoise was seized b^ King under a warrant signed by two trustees, cbmmendng : " We, the undersigned trustees of school section," &c., and sealed with the corporate seal. IMd, that the trustees were liable |>ersonaIly, not in their corporate capacities only. With regard to the second and third issues, raised by the plea of ae injurid to the avowry; and replication 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 jn 1858 the same difference existed, and one of the trustees abo differed from his co-trustees ; that in March the two trustees, defendants, obtained a conveyance of half an acre, part of lot 15, and in May a meeting was held at which arbitrators 'were named and an award made ; but the inhabitants being still dissatisfied. another meeting was held in July, when the arbitrators mentioried in the plea to the avowry were chosen. In the meantime the building was commenced upon the land conveyed. On the 4th of September an award was drawn up [in which a blank was left for a description of the site.] On the 30th of October, 1858, a meeting was held, having been regularly called by the two trustees, to settle the Juestion finally, and a resolution passed adopting [as the site] the land conveyed, n April, 1859, the two trustees, defendants, met, the third being absent from the country, and resolved upon the rate, which was inserted by the clerk in the roll, and the warrant was issued to King, who seized the plaintifTs horse. The plain- tiff, after that, set about getting the award of September, 1858, which was after- wards filled up by two of the arbitrators, who 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 raised by the plaintiff they were also entitled to the verdict, for there was in fact no award 'made, and even as it was altered after execution the description was tdd uncertain. Ryland v. The same defendants, in the Court of Common Pleas, commented upon. [See above.] Held, that under the circumstances proved, the reference did not make the subsequent meeting illegal. Hddf also, upon demurrer, that the avowry was good, the omission of any averment essential to the validity of the rate being cured by the second plea of the plaintiff to it, which relied wholly upon the award : that the second plea of the plaintiff was bad, for not shewing that before the award the trustees and inhabitants had not duly selected the site built upon, as they might do notwithstanding the reference ; and that the replication to it denying the award was a good answer. — Vance s. King et al, No. I, Hallowell. 21 Q. B. R. 187. ' NoTS. — Sec also Decisions of the Superior Courts in regard to School Houses. Chapter 11., Section 13, pages 19 and ao. . :.i-ii.U'^: ,•'• ♦ .■ ; I. 55 CHAPTER VIII. I'- r. PUBLIC SCHOOL TEACHERS. .i'i J' ^ it V e- .J 1 — What Constitutes a Pablio School Teacher. A duly qualified public school teacher is one who, at the time of enga^g with the trustees, and during the whole time of teaching their school, is possessed of a " legal certificate of qualification " (whether first, second, or third-class), issued under the authority of the Public School Acts of Ontario. , •' > ' 2.— Who cannot hold the office of Public School Teacher. The law declares, that "all agreements between trustees and teachers, to be valid and binding, shall be in writing, signed by the parties thereto, and sealed with the corporate seal, and may lawfully include any stipulation to provide the teacher with board and lodging.'* Note. — All agreements between trustees and a teacher must be signed bv at least two of the trustees and a teacher, and must have the corporate seal of the section attached to it, (as above) otherwise the trustees may be made personally responsible for the fulfilment of their agreement, and can then be sued individually by the teacher. It should also be entered in the trustees' book, and a copy of it given to the teacher. (See form of agreement between trustees and teacher, as given below. •) The trustees being a corporation, their agreement with their teacher is binding on their successors in office, if made in accordance 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 be personally liable for the amount due a teacher. The mode of settling disputes between trustees and a teadier is by suit in the Division Court. i i \ . , * FORM OF AGREEMENT BETWEEN TRUSTEES AND TEACHERS. Wi, the undenigned, Public School Trustees of Section No. — , in the Township of ——, in the County of , by virtue of the authoritv vested in us by the School Acts of Ontario, have chosen [Her* insert titt Teachr/t name], who holds a — — class certificate of qualification, to be a Teacher in said School ; and we do hereby contract with and employ such Teacher, at the rate ot [Here insert the sum in words,] per annum, from and after the date hereof; and we further bind and oblige ourselves and our successors in ofiice,faithfully to observe and comply with the school regulations relating to us, and to employ the powers with which we are le^ly invested by the said Acts to collect and pay the said Teacher, during the continuance of thu agreement, the sum for which we hereby become beund,— the said sum to be paid by us to the said Teacher huartetly, monthly, b'c., as the case may bt.\ And the said Teacher hereby contracts with the Trustees herein named, and binds ^xmstnior herself] to teach and conduct the Public School in *aid School Section, according to the School Law, and the regulations which are in force under its authority. This agreement shall continue in force [here insert the period of agreement,] from the date hereof (unless the certificate of the said teacher should in th.: meantime be revoked or annulled, according to law), and shall not include any teaching on Saturdays, or on other lawful holidays and vacations, prescribedunderthe authority of the School Law ; but all such holiday* and vacations, during and at the immediate close of the term of this agreement, shall be at tne absolute disposal of the teacher, without any deduction from his salary whatsoever. Trustees' •erfermte seaL ' G. H., Teadier. lSeai.\ See "Decisions of the Couru relating to Trustees and Teachen,' sectiop ta of this Given under our hands and scab of oflSce, this — day of — , and 187 . K. L., pyitneu. Note. chapter. A.B. ) R F.' ) '* ' ■■•r.t i- ■••-.l "i '"■m •. * ■ •*. f«,.'i-. ^..•i(-.:-,iv •.,%T;il--. •'J.-' ' ':«r. r«r J i.«c;4.- 'J . W'^M k I TIT I 111 I I iKit 56 x: II .?>; ■I !■■» 8— Assistant Teachers in a Public School. No high, or public school trustee, and no Inspector, can lawfully hold the office of, or act as a, public school teacher, and vice versa. NOTK. — For conditions on which teachers mayobtun certificates of qualification, see chapter XII. • ■ v .V/,- 4.— Who shall be the Master of the SchooL Whenever the average attendance of pupils in a public school reaches ^y, the trustees are required to " employ an additional teacher as an assistant." Note. — The law expressly declares that every person recei^dng any part of the school fiind (as teacher or assistant), shall hold a legal certificate of qualification. Tht Superior Courts have also decided that trustees cannot legMy levy a rate for the payment of a teacher who does not possess the necessary qualifications as such under the sdiool laws. (See clause (4), section 12 of this chapter, page 62.) ■ 6.— Oeneral: powers of the Master of a Fablio 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 employed in any public school, in which there is more than one teacher, shall be designated and known as' the master; and the others shall be named first, second, cr third, &r,, assistant teacher, 6.— Discipline in the School— Authority over Pupils. The master of every school is a public officer, and, as such, shall have power, and it shall be his duty to observe and enforce the following nUes : — ^ (1.) See thai the Sulea are observed. — He shall see that these general rules and regulations, and any special rules (not inconsistent with them) which may be approved by the trustees for their respec- tive schools, are duly and faittifully carried out, subject to appeal, in •■■"■■ ■••r .1,; I. ■-'»•-« I'. 'a. '■ '•i : 'i' :.'■:•: jtjju_iiii.i[ • niiiriB '■'■'•'f*^'^^'^ ^:-'iW':-' I Vi ■ .Mr , ■ • - 1 -. t • / M rdingto [•ding to Idiviaion Ishall be or her |;eacliers, ispectoTi Qualified, sr to the children Id in the Iversified ■well as lult parts Istudying Lhers, they fhouis pre- ■'■ .'^M^ scribed for the difterent subjects in the programme. This is an entire mistake. The object of the programme was twofold— to provide work, (i ), for the master or teacher, and (2), for the pupils while he was engaged. No master is required to teach more than 27>^ hours der week ; "but while he is teaching one class one subject, the other classes should be engaged in studying the other subjects, accord- ing to the programme. ' ■ .^ , > ,' " (4.) Time- Table. — Each master shall keep, in some conspicuous place in the school-room, a time-table,, showing the order of exercises . for each day in the week, and the time for each exercise, as prescribed in the programme of studies for public schools. \,.^ , ,• .!, , !■■■.[ . s >< . , (5.) Merit Cards — Prizes. — ^In all the schools, the series of merit ; cards, prepared and authorized by the Education Pepartmeut, 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. . .;, ,. (7.) In Scjiool at S\ 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, befora the specified time for beginning school; and during school hours they shall faithfully devote themselves to the duties of , their office. ,,...' ■ ■ ^ , ' ■ ' ■ ■ " •■ 8.— Duties of Masters or 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 buildijQ.g, outhouses, fences, «tc., furniture, apparatus, and books, belongiug 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., page 19, (if in cities, towns, or villages, to the inspector,) of any repairs which may require to be made to the building, premises, or furniture, \ -■; 1; a ; *;!,■.. '.■■\y .' '■ •■«*>; .VA'. • ■■•.<\-..-jf. 1 • 1. 1 I. »w«* ■• ' • .*. /.: '.':■>*:.' iV'-- ;t :.' ?.VV ■y ^-■- "^ ^'^M^'^'f^'^^i^i 60 ■■Ji }■■ ft' ,1 ;•• ' ■•<.'•,' . (3.^ School open for Pupils. — Care must be taken to have the Bohool house ready for the reception of pupils at least ^/ieen minutes before the time prescribed for opening the school, in order to afford vhelter to those who may arrive before the appointed hour. (See clause (7), section 7 of this chap^c*.) (4.) OtU^Premitea. — The master [or teacher] shall see that the jatda, sheds, privies, aad other out-buildings, are 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. (6.) Firea and 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 fUmitnre in the same; but no master, assistant-teacher, or pupU shall be required to perform such duty, unless voluntarily, and with suitable compensation. 10.— Duties of Masters and Teachers in regard to Library, BegiBter, and Beports- (1.) Act at lAbtmrian.. — Each master [or teacher] shall act as 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.) TKe Library. — He shall keep the library open for the distribu- tion (and return) of books] to the scholars, and ratepayers of the aohool divisbn, 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 by the trustees), in which shall be entered, in each term, the date of the admission of each pupil, his or her name and age, from whence received; the parent's or guardian's name and residence; the names of each of the classes in thr school, together with the names of the pupils in each such clas» the promotion of pupils from one class to another; record attendance of the pupil ; date of his leaving the school, and destju^ tion, 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.) Register. — He shall keep the register (provided by the Educa- tion Department, and furnished by the inspector), which shall remain the property of the trustees, in which shall be entered the names and daily attendance of pupils, their proficiency in various studies and other information. > '■u^^'-^-l .>.•■■- ' yr M -.i <•• ■■■':VV 'f -i ',. ■ Ill I I t ■ " "^■' -'"^ f . ■ '' '•■';.vi■^'•^\'rl^:•'■■^•■•■ ; , . . / • ■ ■■ '.J .'i .IS,.' 61 i '\%H (5.) Setuma. — ^The master [or teacher] shall make such returns, ana at such times, as maj be required bj the [master] inspector, or trustees, relating to his class, school or department. (6.) Reports. — He shall make the necessanr term, special or an- nual reports to and "with the trustees, to uie inspector or Chief. Superintendent, at such times and in such manner as may be required. ■ ' - '.i ■■\.\\^.\^trf.'i ■^\> ■ ... . • ., . ■ " ' ■-<■ '■ ■ . ■ ■ ' ;. 11.— Beguiationa in regard to Sickness, Visiting Sohoola, Visitors, Presents, Teachers' Meetings, &c. (1.) Absence and nckneas. — No master or teacher shall be ttbsent 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 deduction from the salary of a teacher shall be made on account of temporary sickness, (not exceeding a reason- able time for the whole year)^ as certified by a medical man. (2.) Visiting Schools. — ^The inspector may permit a public school master, 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 schools visited, shall be duly reported by such master or teacher to the inspector. Each public school master and teacher must give at least 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 pro- portionate amount of average 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 such time be allowed by the department, or be reckoned by the inspector ; but such permission shall not be given by the inspector if the absence of the teacher will, in his judgment, be injurious to the interests of the school ; nor shall this permission be granted to any master or teacher who fails to report, or who has employed the time heretofore given to him otherwise than in visiting schools, as authorized by this regulation. (3.) ''Visitors* Book. — ^The master (or. teacher) shall keep the visitor, book (which is required by law to be furnished by the tnistees), in wluch shall be entered the dates of visits and names of visitora, with such remarks as they may choose to make. (4.) Visitors. — Each master or trustee shall receive courteously the visito'^=« appointed by law, and afibrd them every facility for inspect- ing th' books used, and examine into the state of the school; he shall the visitors' book accessible, that the visitors may, if they it\.yjb. . '^ •:V. ■•"/-* 'J-' -^^ ■::. Kx '',' ■ f-M ■•*»,..' ' ■-.'"■'v.,."-l, . •■., .{r.^.' •.;.'■■. ^^■IBiM '•I -I ■ > . ■■ ■ ■■■'I •-}••.•/> '-5 ■ .7 ;■■••.;>■;. J.I M « \ 62 choose, enter remarks in it The frequency of visits to the school by intelligent persons animates the pupils, and greatly aids the faithful teacher. (5.) Subscriptions, Collections, Presents, d-c.—'No collection shall be taken up, or subscriptions solicited for any purpose, or notice of shows, or exhibitioiis given in any public school, without the consent of the trustees ; nor shall the masters or teachers act as agents for books, or sell stationary, r u-f..- [Note. — No public school inspector shall, during his incnmbency, hold the office of trustee of a high or public school, nor act as head master of a high school, or master or teacher of a public school.] ' , , , >' ; : • I- • , : ; — •,■■._;.•,.■■;.-■:...;...; (..(X^ ■ 1.— Power and Duty of an Inspector. '' ' ■ The School Law requires each inspector of public schools " To see that all the schools are managed and conducted according to lav." It also declares that he " shall have the oversight of all public schools in* the to\mships f jid villages within the countj or union of counties, or part of the county or imion of ccunties, for which he shal^ beC appointed, and shall have all the powers in each municipality within las jurisdiction, and be subject to aU the obligations conferred or imposed by law, according to such instructions as may be given to him, from time to time, by the Chief Superintendent, of Education." > 2.— Visitation of Schools. **'. / .'; ^ The county inspector shall visit every public and separate school under his jurisdiction at least once during each half year. He shall devote, on an average, half- a day to the examinaticn of the classes and pupils in each school, anil shall record the result of such examina- tion in a book to be kept for that puipose. He shall also make enquiry 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 recoixi in a book, and transmit it, or a copy thereof, annually, on completing his second half-yearly inspec- tion, to the Education Department; (but he shall not give any previous notice to the teacher or trustees of his visit.) ' 3.— Authority of an Inspector in a School. The authority of an inspector in a school, while visiting it, is supreicft; iiib master, teachers, and pupils ore subject to his direction; ■ •-■i'-.S-:;' '■■:%^m'. .•r**.'-.U' «VK' x-f- . tj'.' .. J ■ I: . I ; I „ 1 ii i:. -J , v^:^^ f ■- ■' . 64 ' ; . 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 h? may think proper, in order that he may judge of the mode of teaching, management, and discipline in the school, as well aa of the progress and attaimn^ats of the pupils. ' 4.— Procedure in the Visitation of Schools- On entering a school, with a yiew to its inspection, and having courteously introduced himself to the teacher (if a stranger), or, i£ 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 firom the school. ■'} ■■(2.) See whether the business going on corresponds with that assigned to that particular hour on ^e time-table, and generally whether the arrangements which it indicates agree wiiji the prescribed programme of stumes, and are really carried out in practice. If not, he should at once privately notify the testcher of uxe omission, and the penalty for neglect to observe the regulations. (3.) Examine the register, and other school records, and take notes of the attendance of pupils, number of classes in the school at the time of hia visit, &G. (4c.) 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. . ^ l' ' ■ ! 6.— Intercourse with Teachers and Pupils. • Inspection. — ^In his intercourse with masters and teachers, and dtuing his visit to their schools, the inspector should treat them with kindness and respect, counselling them privately on whatever he may deem defective or faulty in their manner and teaching; but by no means should he address them authoritatively, or in a fault-finding spirit in the presence or hearing of pupils. 6.— See to Attendance of Children at School. The inspector should nee that the provisions in the third section of the school act of 1871, in regard to the right of every child in the miinicipalily under his jmisdiction to attend some school, are not allowed to remain a dead letter; but he should, where necessary, frequently call attention to the subject. 7.— Teachers Visiting other Schools- County and city inspectors shall have authority to allow teachers to visit schools, undor the restrictions contained in clause (2), section 10, of this chapter. .>, ' ,i ■.>•«•. V»: 'X;-. •jimitrt' - "■' >-"t-''i'--'^'i''" ■V'^'^ -: .'yX 65 , :. - Vjvt'- u: ;.; ^ . .C:v 8— Fayments *o Tsachera* Superannuation Fund. The forty-tliird section of the School Act of 1871, declares that, each male teacher holding a certificate of qualification, shall paj four- doUars annuallj into the superannuated teachers' fund, anu " each inspector of schools is hereby authorized and required to deduct [two dollars] half-yearlj from any payments made by hm to any male teacher under his jurisdiction, and transmit the same to the Educa- tion Department." In doing so, he will have to see that the sum of tvro dollars, payable semi-annually to the superannuated teachers', fund by each male teacher, is deducted from each teacher's half yearly salary, whether paid direct to the teacher by the trustees, or by their order on the inspector. NoTE.-^Where trnstees pay to, and a male teacher receives from them, his whole salary, without accoimting 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 no fiirther apportionment will be paid to their school. This would effectually prevent the evasion sometimes practised in this matter. [See note to next section.] ,;''v . . . .j * 9.— Cheques to Teachers payable to themselves. Any cheques for school money due a section, must be mJade pay- able to the (qualified) teacher or his order, and to no other person; and no cheque shall be given to such teacher except on an order signed by a majority of the trustees of the school section, and attested by 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. • '■" i . -v/ Note. — In giving cheques to male teachers the half-yearly payment of two dollars to the superannuated teachers' fund must be deducted. In case trustees should pay male teachers in full out of the funds of the section, and then give a \ cheque to their next teacher, (male or female), for the fiill amount apportioned to their section, the inspector, being responsible for the money, must deduct the $7 already due, besides taking the remedial steps indicated in the note to the preceding section. •'.. 10.— Granting Special Certificates. The School Law authorizes inspectors " to give to any candidate, on due ^examination, according to the programme authorized for the examination of teachers, a certificate of qualification to teach school within tho limits of the charge of the inspector, until (but no longer than) tlie next ensuing meetitig of the board of examiners of which such inspector is a member ; but no such certificate shall be given a S(4cond time, or be valid, if given a second time, to the same person in tiie same county." Note. — In giving effect to this provision of the Act, inspectors will observe : (l) that they are required to examme all candidates desiring special certificates ; (a) that the>; are not authorized to grant "permits," or endorse as good any previous certificates of the applicant ; (3) that the special certificates given can only have the value of those of the third class, and be valid only "within the limits of the charge of the inspector ; (4) that under no circumstances can they give a ■%: ^v rS' v«. :,VH-: .ti^- '■^ Il , 66 ^'•.•.•^■■?>j 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 under the authority of the Education Depart- ment. ' 11.— Suspension of 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 master or teacher due notice of the charge against him, and afibrd him a full opportunity for defence ; he should also examine carefully into the alleged facts of the case, and, if necessary, visit the school and assure himself personally of their truth before proceeding to suspen- sion. Note. — Officers, required by law to exercise their judgments, are not answerable for mistakes in law, or mere errors of judgment, without any fraud or malice. 12.— Verify Attendance of Pupils. S'>r The inspector should see that the aggregate attendance of each school is correctly added xvp, 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 XI.) Under clause (2) of section 10 of this chapter, teachers may employ certain days in the year in visiting other schools. In order that the school may not lose a corresponding proportion of the school fund, the inspector is authorized to add a proportionate amount of average attendance for time so employed, or use a smaller divisor. After having examined and tested the correctness of the return, the inspector should fyle 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, vnll 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 enquiries he may deem necessary. He should, also, at his visits to the school, take notes in his book of the school attendance, &c. The returns,' carefully compiled, vill furnish materials for the statistical tables in the inspector V, report, and will show at what periods of the year the attendance of pupils at the schools is the largest, and how many attend school during two, four, six, &c., months of the year. '■..; ,"■ '■•■•*■•', ^,,1- ..■■..-/?. .— ,-■. ifii ■^iiiiliti ill' M "^''-^A^vrVT-'- '^ ■''^''''^f'^^~^.:v-^ " 67 CHAPTER X. DUTIES OF PUPILS IN PUBLIC SCHOOLS. (1.) Cleaifdineaa and Good (7(m(fuc<.-^Fupils must come to school clean and neat in their persons and clothes. They must avoid idle- ness, profanity, falsehood, and deceit, quarrelling and fighting, cruelty to dumb animals ; be kind and courteous to each other, obedient to their instructors, diligent in their studies, and conform to the 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 of the master. ■. i (3.) Leaving before Closing. — "No pupil shall be allowed to depart before the hour appointed for closing school, except in case of sick- ness, or some pressing emergency; and then the master or teacher's consent must first be obtained. : .v (4.) Absence. — ^A pupil absenting himself fix>m 'school, except on accoimt of sickness, or other urgent reasons, satisfactory to the master, forfeits his standing in the class, and his right to attend the school for the remainder of the quarter. (5.) Excuses. — Any pupil not appearing at the regular hour of commencing any class of the school which he may be attending, without a written excuse from his parent or guardian, may be denied " admittance to the school for the day, or half-day, at th6 discretion of the teacher. . ' . ■ : (6.) Pwnctual Attendance. — Every pupil, once admitted to school, and duly registered, shall attend it 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 this school, or be admitted to any other, until such violation is certified by the parents or guardian to have been necessary and> unavoidable, which shall bo done personally or in writing. (7.) School to Attend. — Pupils in cities, towns, and villages shall he required to attend any particular school which may be designated for them by the inspector, with the consent of the trustees. And the ULspector alone, under the some authority, shall have the power to muke 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 loaster, shall not thereafter be admitted to any public school, except ■•'■\V .;' . , I ■rh-t' >*'.•■' -. ■-y,'- !« ,'. ■■ . V.-^ > *l''J1,'' -.■s-;'.-.*/ -,'!:... •V.-.r.*.,- i<, ■-,-. ■ ..^ y • ' •if- ■;'■:.>•. I'.-V,- I - ■' ^Mii^ t .::-;>t;> r ' ! , ,68 by authority of the inspector, in writing; and the names of all such absentees shall be reported by the master immediately to the trustees; and this rule shall be read to the school just before the examination days, at the qlose of each quarter. (9.) 6^0171^ to and, from School. — ^Pupila shall be responsible to the master for any misconduct on such school premises, or in going to or . returning from school, except when accompanied by their parents or guardians, or by some person appointed by them. > (10.) Supply of Books. — No pupil shall be allowed to remain in the school unless he is supplied with the books and requisites required to be used by him in the school; but in case of a pupU 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 parents, or guardians, the trustees have power to procure and supply such pupil with the books and requisites neednd. (11.) Fees for Books. — ^The fees for books and stationery, «fec., as fixed by the trustees in cities and, towns, whether monthly or quarterly, shall be payable in advance; and no pupil shall have right to enter or continue in the school until he shall have paid the appointed fee. ■ /. (12.) Property Injured. — Any property of the schools that may be injured or destroyed by pupils, must be made good forthwith by the pai-en^, or guardian, under a penalty of the suspension of the delin- quent pupil. (See clause (4), section 6 of this chapter.) (13.) Contagious Diseases. — No pupil shall be admitted to, or continue in any of the public schools, who has not been vaccinated, or who is afflicted with, or has been exposed to, any contagious disease, imtil all danger of contagion from such pupil, or from the disease or exposure shall have passed away, as certified in writing by a medical man. (14.) Effects of Expulsion — No pupil shall be admitted to any public school who has been expelled from any school, unless by the written authority of the inspector. [See clause (5) section 6 of this chapter.] (15.) Certificates on Leaving. — Every pupil entitled thereto shall* when he leaves, or removes from, a school, receive a certificate o^ good conduct and standing, in the form prescribed. _l.M:jt.t nt iii f'i ■— .-t.-j-l .'^ .^^ll^<.«^. ^^^ ■ tuiilMli \M%r i 71 certificate of the highest grade (A), renders the holders eligible for the office of county inspector. (2.) Third Class certificates are valid only in the county where given, and for three years, and not renewable, except on the recom- mendation of the coimty inspector; but a teacher, holding a third class certificate, nuiy be eligible in less than three years, for examina- tion for a second class certificate, on the special recommendation of the county inspector. Note. — (i.) Attendance at the Normal School for'Ontario, with the required practice in the Model Schools, and passing the requisite examination for a first class certificate, shall be considered equivalent to teaching five years in a public or private school. So, also, attendance at the Normal School, with the required practice in the Model Schools, and passing the requisite examination for a second class certificate, shall be considered equivalent to teaching three years in a public or private school. (2.) In regard to teachers in French or German settlements, a knowledge of the French or German grammar respectively may be substituted for a knowledge of the English grammar, and the certificates to the teachers expressly limited accordingly. .; 8.— Minimum Qualifications required for Thi/d Class Cer- 'tifloates of Teachers in the Public Schools. (1.) Seading. — ^To be able to read any passage selected from the authorised reading books intelligently, expressively, and with correct pronunciation. .:;;,.> (2.) Spelling. — ^To be able to write correctly 'any passage that may' be dictated from the reading books. (3.) Etymology. — To know thei pi*efixes and affixes (Authorized Spelling Book, pp. 154-169). (4.) Grammar. — ^To be well acqiiainted with the elements of Eng- lish grammar, and to be able to analyze and parse, with application of the rules of syntax, any ordinary sentence (authorized grammars). (5.) Composition. — ^To be able to write an ordioaxy business letter correctly, as to form, modes of expression, 'tiflcates of Teachers in the Public Schools. (1.) Reading. — ^To be able to read any passage selected from the authorised reading books intelligently, expressively, and with correct pronunciation. , ■ ' .!,■;,,>,( (2.) Spelling. — ^To be able to write correctly "any passage that may be dictated from the reading books. (3.) Etymology. — To know the prefixes and affixes (Authorized Spelling Book, pp. 154-169). (4.) Grammar. — ^Tobe well acquainted with the elements of Eng- lish grammar, and to be able to analyze and parse, with application of the rules of syntax, any ordinary sentence (authorized grammars). (5.) Compogitivn. — ^To be able to write an ordinary business letter correctly, as to form, modes of expression, »>: ■•'f'. J ,"„,<« I—,- ■ v. ■■•>.•;, ■ •■..<■' ■■.'•"»", r^ss;. ■■-• v«..ViV''. -'Av *-v . '^ -v*., ■■■■}■ •'■,■•-•■».' t '■;••- M\ ■.*.■ ■■■• .v ■Y'\" * ■ - ;■•'•■;. ;■/ . •■'■,:fV'3 ii r -■«— •r «', ■f ■ Vil f :t-t< .■ 72 accuracy and neatness. To be able to work, with rapidity and accuracy,'' ' simple problems in mental arithmetic (Authorized Text Book). (10.) £diteation. — ^To have a knowledge of school organization and the classification of pupils, and the school law, and regulations relatiog to teachers. •'••'■•■'•'•.»'-•/ ^ •'«'.;.;•••,. '■■ ■\»\5 ; '• ■.->.■■..•;■ "•^ ■ ,• •' f*A(!\-? ' ■■ ' • • • •^l^■•i 4.— Minimum Qoalifloations for Second Class Frorinoial Certifloates. (1.) Reading. — ^To be able to read intelligently and expressively a passage selected £rom any English author. (2.) Spelling. — ^To be able to write correctly a passage dictated firom any English author. > ' (3,) Etymology. — To know the prefixes, affixes, and principal Latin •and Greek roots. To be able to analyze etymologically the words of the Reading Boo^s (Authorized Spelling Book). (4.) Oramma/r. — To be thoroughly acquainted with the definitions and grammatical forms and rules of syntax, and to be able to analyze 'and parse, with application of said rules, any sentence in prose or verse (Authorized Text Books). (5.) CompoaiHon. — ^To be familiar with the forms of letter writing, ana to be able to write a prose composition on any simple subject, correctly as to expression, spelling, and punctuation. (6.^ Writing. — To be able to write legibly and neatly a good running hand. (7.) Geography. — ^To have a fiur knowledge of physical and mathe- matical geography. To know the boundaries of the continents; relative positions and capitals of the countries of the world, and the positions, 4S!;c., of the chief islands, capes, bays, seas, gulfs, lakes, stmts, mountains, rivers, and river-slopes. To know the forms of governments, the religions, and the natural products and manufactures of the principal coimtries of the world (Lovell's General Geography). (8.) History. — ^To have a good knowledge of general, English, and Ciuiadian history (Collier and Hodgios). (9.) Education. — ^To be familiar with the general principles of the science of education. To have a thorough knowledge of the approved modes of teaching reading, spelling, writing, arithmetic, grammar, composition, geography, history, and object lessons. To be well acquainted with the diJSerent methods of school organization and management — ^Lncluding school buildings and arrangements, classifica- tion of pupils, formation of time and limit tables, modes of discipline, &c., tScc. To give evidence of practical skill in teaching. (10.) School Law. — ^To have a knowledge of the school law, and official regulations i-elating to trustees and teachers. s/.[e^-y\ ■ ■ II xiii V i h ii mi i 'i i i- n , m ii <'^ia ii •3 (11.) Musk. — To know the piinciples of vocal music. (12.) Drawing. — To uuderatand the principles of linear ilruwinij. (13.) Book-Kef ping. — ^To understand .book-keeping by single and double entry. (14.) Arithmetic. — To be t'wroughly familiar with the autliorized arithmetic in theory and practice, and to be able^to work problems m the various rules. To show readiness and accuracy in working problems in mental arithmetic. , . >; ■ (15.) Mensuration. — To be familiar with the principal rules for the mensuration of surfaces. ■.■,';;/■.■.. . ■ '."^'•■i':<*i\kyi'.$.,^.y^: '^Mj" (16.) Algebra. — ^To be well acquainted M-ith the subject as far as the end of section 153, page 129, of the Authorized Text Book (Sangster). (17.) Euclid. — Books I. and II., with problems. Note, — For female teachers, Euclid maybe omitted, and the chapter on the Economy of the Household, pp. 181-188 of Dr. Ryerson's First L«sont in Agri- culture, substituted for it. ■■•)'' . '■ / 18. Natural Philoaofihy. — To be acquainted with properties of iDatter, and with statics, hydrostatics, and pnniimatics, as set forth in pages 1-100, Sangster'a Natural Philosophy, Fart I. (19.) Chemistry. -r-Tlo understand the elements of chemistry, as taught in the first part of Dr. Ryerson's First Lessons in Agriculture, pages 9-76. , , ,. ..i.tif'' (20.) Botany. — ^To be familiar with the structure of plants, kc, and the uses of the several parts (First Lessons in Agriculture). (21.) Human Physiology. — Cutter's First Book on Anatomy, Physiology, and Hygiene.* .. •• x-.v^.^i,;, . . ; ■ ■ ■■■■ ' '■*•."• , .. f >'■;•.• vri;"' -■.■ A v''^ / ■ ';■' 6.— Additional for those who desire Special Certiflcates for Teaching Agriculture under Section Thirteen of the School Act of 1871. •«:•,; ■.,■,■'. ■y^}y^^ ■.i^^^ ^^l^u■: ^;1; V '■•■(- (1.) Natural History. — General view of animal kingdom — charac- ters of principal classes, ordei-s, and genera (Ellis' Natural History). (2.) Botany. — Vegetable physiology and anatomy — sysfema'ac botany — flowering phmts of Canada— (Gray's "How Plants Grow.") (3.) Agricultural Cltemuitry. — Proximate and ultimate constituents of plants and soils — mechanical aud chemical modes of improving soils — rotation of crops, agricultural and domestic economy, £0. (Dr. Ryerson's First Lessons in Agriculture). ' • ,* The following little works are highly recommended for ~eni«al, both by teachers and pupili, vix. :-"The House I live in." by T. C. Girtin, Surgeon, (Longoians), and "Our Earthly House and iu Builder," (Religious Tract Society}i 5 ;^<^-jj-/ 74 ■M I li I i 6.— Minimum Qualifloationn for First-Cla.ss Froviaoial Certifloates* (1.) ReofUng. — To be able to read intelligibly and expressively a passage selected from any English author. (2.) Spelling. — ^To be able to write correctly a passage dictated from any English author. ]Xi (3.) Etymology:''— Ka for second class teachers. f] (4.) Grammar. — ^To be thoroughly acquainted with the subject, aM ^ contained in the Authorized Text Books. 'ih (5.) Composition. — As for second class teachers. (6.) English Literature. — To have a general acquaintance with the history of English literature (Collier). (7.) Writing. — As for second class teachers. (8.) Geograpfiy. — As for second class teachers, and, in addition, to possess a special knowledge of the geography of British America and the United States, including th^ relative positions of the provinces and states, with their capitals; to understand the structure of the crust of the earth; use of the globes (Lo veil's General Oeographr, Keith oi> the globes). (9.) ^t«^ory.— General, English, and Canadian (Collier and Hodgins). (10.) Education. — As for' second class teachers, and in addition, to possess a good knowledge of the elementary principles of mental and moral philosophy, and to be acquainted with the methods of teaching all the branches of the public school course. (11.) School Law. — ^To be acquainted with the law and official regulations relating to trustees, teachers, municipal councils, and school inspectors. (12.) Music. — ^To know the principles of vocal music. ■ (13.) Drauting.-r^o evince facility in. making perspective and out' line sketches of common objects on £he blackboard. (14.) Book-keeping. — As for second-class teachei-s. (15.) Arithmetic. — ^To know the subject as contained in the Autho- rized Arithmetic, in theory and practice. To be able to solve problems in arithmetical rules with neatness and dispatch. To be ready and accurate in solving problems in mental arithmetic. (16.) Mensuration. — ^To be familiar with rules for mensuration of surfaces and solids. (17.) Algebra. — ^To know the subject as contained in thp Authorized Text Book completed. (18.) J?uciirf.— Books L, II., III., IV., definitions of V., and B. VI., with exercises. * Candidatei for first clau certificates are recommended to provide against failure, by also presenlinc themieives for examination for those of the sscond class. \ .'•';;'v'tvi?^|tv^':7.' 75 Note. — For female teachers, Euclid may be omitled, ami tlie chapter on the ..;onomy of the Household, pp. 17 "" ' Avnicuiture, may be substituted for it. Kconomy of the Household, pp. lyi-iSS of Dr. Ryerson's First Lesson<> on pt( Le ;- ■'■,> (19.) Xatural Philoaophi/. — As for second class teachers; and, in uddition, to be acquainted with dynamics, hydrodTnaniica, and ttCon.stic9, pp. 109-167 Sangster's Natural Philosophy, Part I. (20.) Chemical Phyaics. — To have a good general acquaintance with the subjects of heat, light, and electricity. ., .\- ' ' ' (21.) Chemiatnj. — As for second-class teachers; and to be familiar with the definitions, nomenclature, laws of chemical combination, and to possess a general knowledge of the cliemistry of the^metalloids and metals (Roscoe). , !, f.' ;" ' •?' (22.) Human Phynology. — As for second-class teachers. (See note to clause (21) of this chapter). . . ' '^' . ' ' (23.) Natural History. — General view of animal kingdom; charac- ters of principal classes, orders, and genera (Ellis' Natural History). (24.) Botany. — Vegetable physiology and anatomy ;_ systematic botany; flowering plants of Canada (Oray's "How Plants Grow.") (25.) Agrieultfjural Chemistry. — Proximate and ultimate constitu- ents of plants and soils; mechanical and chemical modes of improving soils; rotation of crops, «Icc.- Sic. (Dr. Ryerson's First Lessons on Agriculture). .■.'■■' \ -' '■'■h- -'i. >': '■-J-'^''^-'^-''''-^'^' . - • ■ • ■■'■■■■.'■ ^^:;i>;•v^^Jcv^y ,.;,?^^,,,.^,,..:■/'.;v•:, ■ ■■■'• '■,.;■ -■;f,f.',.- -V'"^ M ',.*■■ \''. •'ill'"- '.h ,fi .r^^ CHAPTER XIII. REGULATIONS IN REGARD TO THE SUPER. ANNUATION FUND. .tw. M., ,,,■ •,<..,„,.^,V '■'vv. |N^ .... '' V.M ■ "I ■'>■.■;,!'■" .>l,rl.».' '., 1. The regulations for the administration of the Superannuated Teachers' Fund, adopted by the Council of Public Instruction, are as follows : •' r ■ . ;'. .:ij\ii:^:'/';i-': y (1.) Teachers who become superannuated, or worn out, on or he/ore the 1st day of January, 1854, and who produce the proofs required by law, of character and services as such, may share in this Fund accordijig to the number of years they have respectively taught a public school in Ontario, by depositing with the Chief Superintend- ent of Education the preliminary subscriptions to the fund required by law. (2.) Every teacher engaged in teaching «{f.i■»• : .f to ars icb or ml for bis lile er- as, ny ;he aU Lve bis ■ <:^i ■fm m »Cr;^njv"^rr" ■vo;s«. 'm ■•.«