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Tous les autres exemplaires originaux sont flimte en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustratlon et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparaltra sur la dernlAre image de cheque microfiche, salon le cas: le symbols — ► signifie "A SUIVRE", le symbols ▼ signifie "FIN". Les cartes, planches, tableaux, etc., peuvent 6tre filmte A des taux de reduction diff6rents. Lorsque le document est trop grand pour fttre reproduit en un seui clichA, il est film* d partir de rengle suptrieur gauche, de gauche d droite, et de haut en has, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mithode. ata ilure. 1 IX 1 2 3 1 2 3 4 5 6 ■r c CIR I PWSTJ COMMON SCHOOL ACT8 ■■'■.:;■; upper CANADA ;' -"^n^t^aU-e :u. • ■ ■ ■ ■ • ■ AHD THE ^ '''■ -"'•'"' ■ FORMS, INSTRUCTIONS, AND REGULATIONS FOR '[_ EXECUTING THEIR PROVISIONS; !llL '...,.,.. ... ' '■'*"' ■''' -i^^ * TOOETHEE WITH THE CIRCULARS ADDRESSED TO THE VARIOUS OFFICERS CONCERNED IN THE ADMINISTRATION OF THE SCHOOL LAW : . : '/""^ :..)-, ^z.: •. '^ ■ •>; ■ ';']'■■ zi ,';:•; BT THE •.,,,. ,. .1,,- ...T r '^SS^ '^■^""" .',.. 1 1 ,-n,..''\ ""T III uJlMiiOiiD TORONTOt^i w E;:^-.:.^r iMiny^ vT ..lY PMSTEO FOR THE DKPAKTMKNT 0» JPUBUO IltSTRUCIlOK FOR UPPIR CANADA. BT LOTIU. AND GIBSON, -■^^ ^ 1853. GENERAL CONTENTS. 00M3I0N SCHOOL ACT, ISin AND lim VICTORLV, CHAPTER *«. PAGE I. Common Sahool Trustees, 7 II. Common School Teachers, , H III. Township Councils, • • • ' 19 IV. Municipal Councils and Boards of Trustees in Cities, Towns, and Villages, 23 V. County Councils, 2Y Vf . Boards of Public Instruciion, 29 VII. Local Superintendents of Schools 31 VIII. School Visitors, 35 IX. Chief Superintendent of Schools, 36 X. Council of Public Instruction, 39 XI. Miscclianeov 3 Provisions, 41 FORMS, INSTRUCTIONS, AND REGULATIONS. I. Forms and Instructions for Trustees, 49 II. Forms and Instructions for Teachers, 52 III. Forms and Instructions for Township Councils, 53 IV. Forms and Instructions for Municipal Councils and Boards of Trustees in Cities, Towns, and Villages, 55 V, Forms and Instructions for County Councils, Boards of Public Instruction, and Local Superintendents of Schools, 56 VI. General Regulations for the Government of Common Schools, . 57 VII. List of School Books, &c., recommended by the Council of Public Instruction, 63 CIRCULARS FROM THE CHIEF SUPERINTENDENT OP SCHOOLS. I. To the Wardens of Counties, 64 IL To the Town Reeves of Townships, 12 III. To Local Superintendents of Schools, 18 IV. To the Trustees of Common Schools, 87 V. To Teachers of Common Schools, 91 VI. To County Boards of PubUc Instructions—with Programme of Examination and Form of Teacher's Certificate, 101 i PAOE i 17 19 as, and 23 27 29 31 35 , 36 39 41 49 62 63 rds of 65 Public 56 ools, . 57 icil of 63 [OOLS. , , . . . 64 > • • • • I ^ > • t « t lO • • • • • o7 I • t • • V X ne of .... 101 iv SrPPIEMENTARY COMMON SCHOOL ACT OF VVIEU CAN.IDA. IGll. VICTORIA, CHAPTER 185. General Remarks, 10<» I. Boards of Trustees in Cities, Towns, and Villages, Hi; II. Separate Schools, , 114 III. Common School Trustees lie IV. Local Superintendents of Schools, Ill* V. Miscellaneous Provisions, 121 An Act to Restore certain Rights to Parties therein named, 14tli and 15th Victoria, chapter 111, 12^ CIRCULARS FROM THE CHIEF SUPERINTENDENT OF SCHOOL^. I. To Local Superintendents of Schools, 1 21^ II. To Trustees of Common Schools in Townships, 184 III. To Boards of School Trustees in Cities, Towns, and Villages,. . . 138 IV. To County Clerks, 141 SECO'TD EDITION. Education Office, Toronto, July, 1853. ' ■ ( .# ANNO DECIMO TERTIO ET DECIMO QUARTO , VICTORIA REGIN^. ' . •■ . 'I.- J.- CAP. XLVIII. Ad Act for the better EstabUsbment and maintenance of Common Schools in Upper Canada. ■■■ ' IN DEX. • ' ■ Sections. 1. Election and Duties qf School Trustees 2 to 14 II. Common School Teachers and their Duties 15 to 17 III. Duties of Township Municipalities 18 to 20 IV. Duties of Councils and Trustees in CitieSt Toums, and Incorporated Villages - 21 to 20 V . Duties of County Municipal Councils 27 VI. Constitution and Duties of County Boards of Public In- struction 28 to 29 Vn. Diities of Local Superintendents of Schools 30 to 31 VIII. Duties of School Visitors 32 to 3S IX. Duties of Chief Superintendent of Schools 34 to .'i5 X. Constitution and Dtties of Council of Public Instruction 36 to 38 XI. Miscellaneous Provisions 39 to 48 . ['i4th July, 1^50. i WHEREAS it is expedient to make provision for „ the better establishment and maintenance of Com- mon Schools in the several Villages, Towns, Cities, Townships and Counties of Upper Canada : Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province B 6 of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-wiite the Provinces of Upper and Lotoer Canada^ and for the Government Two Acts repeal- of Canada, And it is hereby enacted by the autho- ed: ProTiso. yj^y ^f ^^iq same, that the Act of the Parliament of this Province, passed in the seventh year of Her Majesty's reign, intituled " An Act for the bettor Establishment and Maintenance of Common Schools in Upper Canada," and also the Act passed in the twelfth year of Her Majesty's reign, ch. 83, and intituled " An Act for the better Establishment and Maintenance of Public Schools in Upper Canada, and for repealing the present School Act," shall be, and the same arc hereby repealed : Provided always, nevertheless, firstly, that no Act or part of an Act repealed by either. of the Acts hereby repealed, shall be revived by the passing of this Act : And provided also, secondly, that the repeal of the said Acts shall not oxtend or be construed to extend to any act done, any penalty incur- red, or any proceeding had under the said Acta, or either of them : All Khooi dlvi- ^^^ provided also, thirdly, that all School Sections •innt, eieciionB, or othcr School divisions, together with all elections oontractT" *c , and appointments to office, all agreements, contracts, conflrmeti. assessments, and rate-bills, made under the autho- rity of the said Acts, or of any preceding A .t, and not annulled by the said Acts or by this Act, or by any of them, shall be valid and in full force and binding upon all parties concerned, as if made under the authority of this Act, and shall so continue until altered, modified, or supersf^ded, according to the provisions of this Act: And provided also, fourthly, that nothing herein contained shall affect the liability of any District, County, City, Town, or Township Superintendent of Common Schools, to the Municipal Corporation to which he would otherwise be responsible for the same, for any moneys received by iiim undr-r either of the said Acts ; but the liabilities of every such Superintendent for such moneys shall be and remain as if this Act had not been passed : And provided also, fifthly, that nothing in the said Act secondly above recited, contained, shall extend, or be con- strued to extend, to have repealed any Act of the Parliament of this Province, whereby provision was made for the appropriation of money from the consolidated revenue fund of this Province, for or towards the establishment and maintenance of Common Schools in this Province, or in any part thereof. \ id under the ed Kingdom re-^nite the Government •y the autho- arliament of esty'e reign, intenanee of assed in the Dd " An Act I Schools in t," shall be, levertheless, of the Acts Act : And 3ts shall not nalty incur- r of them : x)l Sections all election? s, contracts, • the autho- mnulled bv e valid and nade under i, modified, id provided he liability jrintendent 1 he would eceived by very such this Act ling' in the or be eon- nt of this riation of ee, for or chools in I. Election and Duties of School Trustees. Annual School ineetinfii to b« held ihrougbGui U. C. on ib« ■ecniitl W«dne»> day in January at lU o'clock, A. M. II. And be it enacted, That the annual meetings for the elections of School Trustees, as hereinafter provided by this Act, shall be held in all the Villages, Towns, Cities, and Townships of Upper Canada, on the second Wednesday in January, in each year, commencing at the hour of Ten of the clock in the forenoon. III. And be it enacted. That in all School dlvi- One Trustee in sions (except in Cities, Towns, and Incorporated fiSuSbll'^iecSl Villages) which have been established according to >t eacb annual law, and which have been caUed " School Sections," ®***°"' "••""«• and in which there shall be three Trustees in office at the time this Act shall come into force, one Trustee shall be elected to office at each ensuing annual school meeting, in place of the one who shall have been three years in office : Provided always, ptaviwo that the same individual, if willing, may be re- elected : And provided also, that no School Trustee shall be re-elected, except by his own consent, during the four years next after his going out of office. Same Individual inajr be re-eleeied, bot not williout bb conaeat for four yetra. rV, And be it enacted. That whenever any sohool Mode of MiHnf section shall be formed in any Township, as provided meeiing in a new in the eighteenth section of this Act, the Clerk of ®*''*'' *•**»»• the Township shall communicate to the person appointed to call the first school meeting for the election of Trustees, the description and number of such school section ; and such person shall, within twenty days thereafter, prepare a notice in writing, describing such sectioB, aiid appointing a time and place for the first school section meeting, and shall cause copies of such notice to be posted in at least three public places in such school section, at least six days before the time of holding such meeting. V. And be it enacted. That at every such first school section meeting, the majority of the freehold- ers or householders of such school section present, shall elect one of their own number to preside over the proceedings of such meeting, and shall also ap- point a Secretary, whose duty it shall be to record all Modeof proceed* inv at the first meeting in a new Scliool aectioB. Election of Chak- uian and Secre- tary. Uuty of the Se- cretary. 8 tho procoodings of such mooting ; and tlio Chair- nuty of the n^an f^f 3„(.jj mectinj; shnll decide all nuoKtions of order, siibjoft to an appeal to the meeting, and shall givo tho casting, vote in case of an equality ot votes, and shall have no vote oxcoj)t as Chairman, and shall take the votes in such manner •ih shall bo desired by the majority of the eloetors present, and shall, A poll tc bp at tho rocpiest of any two electors, grant a poll for requl'st nf any FPfording the namcp of the voters by tho Secretary: «.. eiectore. and it shall bo the duty of the eloetors present at .^^iieh meeting, or a majority of them, to elect from the freeholders or Tiuee Trusiees houj^elioldors in such section, three Trustees, who robe elected. Order ol reliritig from office. shall respectively continue in oilice as follows : — tho last person elected .sluill eoutinuo in office until the next ensuing annual school meeting in such sec- tion, and until his successor is elected ; the second person elected, finh year, and tho first person eiected, two years, from such next Gnsuirtg annual school meeting, and until their successors aro elected i*>oviao ; copy of respectively : Pn vided always, that a correct copy of tho proceedings of such first school sQction meet- ing, and of every annual school section mooting, signed by tlio Chairman and Secr'^tary, shall be forth- with transmitted by the Secretary to the Local &jperi/iitendQnt Qf Sohools. proft'edlhp^jo be TratjBinittfd^lothe Irtc it Siiperiitcn- lifht of SpUoois. ■t .< ?/ t*rbceedinga and dutiea of annual i^clKiol section iiieetjiigs. VI. And be it onaoted, That at every annual school section meeting \i\ any Township, as autho- rized and required to be held by the second section of this Act, it shall be the duty of the freeholders or householders of such section, present at suoh meeting, or a majority of them,— fiWftion and du- Firstly. To elect a Chairman and Secretary, who ties o» Ciiairinan , „ ^ ' , , . . ^ a i ^i ' md Secretary. shall perform the duties required oi the Chairman and Secretary, by the fifth section of this Act. To receive and tteclde upoiv the artnual flnanclal repijrt of the Trustees. Secondly. To receive and decide upon the report of the Trustees, as authorized and provided for by the eighteenth clause of the twelfth section of this Act. 1 4 1 elect one or Thirdly. To elect one or more persona as Trustee or Trustees, to fill up the vacancy or vacancies m id tho Cimir- 11 questions of ii<(, and shall nd .shall havo such manner )nt, and shall, ant a poll for ic Secretary: ra present at reoholdcrij or 'rustecs, who s follows : — in office until f in such sec- 3rson elected, )m such next rs aro elected . correct copy sQction meet- tion meeting, shall be forth- ;o the Local )very annual ip, as autho- cond section ouseholders of thorn,— jretary, who Chairman lis Act. the report ided for by kion of this as Trustee icancies in i 9 the Trustee Corporation, according to law : Provided always, thai no Teacher in such section shall hold the office of School Trustee. Fourthly, To decide upon the manner in which * tho salary of the Teacher or Teachers, and all tho expenses connected with the operations of the School or Schools, shall be provided for. To decide upon the manner of providing for thp expenies of ttie Sctiool. VII. And bo it enacted, That if any person offer- ,M<»*« of ebai , ' , 1 , . lenging voters at mg to vote at an annual or other school section meet- SciiuoT meetings. ing, shall be challenged as unqualified by any legal voter in such section, the Chairman presiding at such meeting shall require the per- son 80 offering, to make the following declaration :— Declaration ra- ** I do declare and affirm that I am a freeholde. [or qu>'e«*- " householder] in this school section, and that I am legally qualified " to vote at this meeting." And every person making such declara- tion, shall be permitted to vote on all questions proposed at such meeting ; but if any person shall refuse to make such declaration, his vote shall be rejected : Provided always, that Proviso : Penalty every person who shall wilfully make a false deola- fo' ^^'j'"*., J ration of his right to vote, shall be deemed guilty of and for voting a misdemeanor, and punishable by fine or imprison- '"e«a"y« ment, at the discretion of any Court of Quarter Sessions, or by a penalty of not less than one pound five shillings, or more than two pounds ten shillings, to be sued for and recovered, Mode of recover- witli costs, by the Trustees of the school section, for Sd^iJ? apJifcZ its use, before any Justice of the Peace, having ^oi"* jurisdiction within such school section. Penalty for refill- ing to serve as School Trustee. VIII. And be it enacted, That if any person chosen as Trustee, shall refuse to serve, he shall forfeit the sum of one pound five shillings ; and every person so chosen and not having refused to accept, who shall at any time refuse or neglect to perform the duties of his office, shall forfeit the sum of five pounds; which sum or sums may be sued for and recovered by the Trustees of the school section, for its use, before any such Justice of the Peace : Provided always, that any person Proviso: Mode chosen as Trustee may resign with the consent of his colleagues in office and of the Local Superin* tendent, expressed in writing. b3 and conditions of resigning the of- fice of Truftee. fO JSSiVliotke J^T Au4 be it enacted, Tbut in ease no mu^uaj or pf aopu^i school Other sohool section meetipg be b^ld for want <^f U^e meeiing. proper notice, the Trustees' or other person whose duty it was to^ive such notice, shall respeotjiye^y a|id imiividDally Mode of recover- ^oT^it tlie sum of one pound 0ve ehilluigs, to b^ sued ing and applying for and recovered for the purposes of such sohool ^ ' section, on the complaint o$ any resident in 9UCh section, before any such Justice of the Peace : Provided always, that in the default of the holding of any school section n^eeting, as hereinbefore authorized by this Act, for want of the proper iM)ti^e, then any two freeholders or householders in such seetion? arc hereby Mode of calling authorized, within twenty days after the time at which such ipeeting sbonld have been held, to call such meeting by giving si>^ days' notice, to be posted in at lefist three public places in such school section ; and the n^eeting t\i\x^ caUed sb^U possess all the power, and perform ^\ the duties of ^^^ ni^dting, ^n the place of w)^iqb, \i s|iaU have be^n called^ X. And be it enacted, That the Trustees in each school section shall he a Corporation, under the name of ^ The Trustees of School Section^ J^Tumher — , in the TourngMp Proviso: Such o/-—- — , in the County of ' ;" Provided always, that no such Corporation of any school sec- tion shall cease by reason of the want of Trustees, but in case of such want, any two freeholders or householders of such section shall have authority, by giving six day s*^ notice, to be posted in at least three public places in such section, to call a meet- M -. f 1—. „- ing of tk3 freeholders or householders, who shall Mode of eiectinit •.,,,« .1 new Trustees, if proceed to elect three Trustees, m the mannerpre- eeoeaiary. scribed in the fifth section of this Act, and the "rius- tees thus elected shall hold and retire from office in the manner pre- scribed for Trustees elected under the authority of the said fifth section of this Act. Ke "tt'Jfl ^^^ ^^ ^^ H ewote4f Ti^ftt, i^ wy am of ^^- -ohdoi-hott??, ^renc§ ftf^ to the «ito of a, i^bool-Jiouw Ijetween ti^e mjijority of the, Xru^tees^ of ^ school ^Qct^g* ^d a in^orit^ 0^ the freeholdera or hou^^l^plders, at ^ s^ecif^ "i^Cj^ng oal^e^ foi t^t pu7- pqso, eftoh |^arty sh^l o^op^o pne per^ a^ w^tratpri, w4 tJW! *W0 arbitrators thus chosen, and the local I9i)pv^4i^9'^ 'aQQI* OV 9^Y l^f^^ a school meeting in default of the annual meeting not being called. f duties and ponr- rs of Eucti meet- ing. ;. -:,.. Tri^stees to IM a Cotporatiou. Corporation iiot to cease for want want of Trustee . ;( u no iMi^ii&Ji or irw«»toft)»e person whose [ iqdivldQally fs,tobQ sued ' suo}i school Identin 9ueh irided always, I n^eetUisf, ^^ roper notiee, ^, arp herel^y the tJBie at held, U) pall , to he posted hppl fectlpB ; jsess fill the e m^^ting, ^n iftUed, stees in each ider the name le ToiDfiship f Provided school see- if Trustees, seholders of lotice, to be call a meet- who shall lannerpre- ithe^s- lanner pre- said fifth ^twppn ti^e 9^, the |lt^a,tptty- tl^^twro appointad hy hiw to ftot OP^ Mb hehulf, in ease of his inability to !*t^iMJ»;Or ftffliipritjf flf tb#J»i pM fiRjiMy decide on the matter. ;jai. And bo it owMBted, Tl»t it^^hiOl bo U»e "d^ty gj^w »f ^iw- pf the Trustee*, of 9f^chsobQQ)ipeot|o»; , .j..;. ,/ ,vri ..(^vi uiiu.)/ :a Firstly. To ^ippoint one of themsplyp?. pr some JJJtSySSttttror' other person, to be Seoretary-'troasurer to the Cof- lUs duties, poration ; and it shall be the duty Of such ^ecret&ry-treasurer to ^ve such security for the correct and safe keeping and forthcoming (when called for) of the papejs wjd money* belonging to the Cor- poration, as may be required by a majority of the Trustees ; to ke<'p 9, record of all their proceedings), in a book procured for that purpose ; to T-eceive and account fop all sohool moneys collected by rate-bill, fiubsQpption. or otJ^rvfjise, from tho iniiabitants of such school sec- tion t to disburse suoh nwnoys iasttcb manner ae may be directed by the majority of the TrusteoiB»..,r.u,^; ..u.' ,i.ui,..> , i .j , .. ■■ Seeendh/. To appoint,- if they •shall thhiJt if expe- iJJtJffhliduSi diem, a OoUectOi' (who may also be Sebretai^y-trea- ., ' ", ■' surer), to collect l^e rcites they have imposed, Or shall impose upon the inhabitants of their school section, or which this said inhabitants may have subscribed j and to pay to such Collector, Hjg remuoera- at the rate of not less than five or more tha^ ten per ■ *'od. oent., on the moneyf/ ooUeeted by hiinftohis trouble in collecting"; »,nd every Colloptor 9hall givp aucb peparity m may collector to gite •;»p satisfactory to the Trufrtiee^t wid shall have the wcurity. ^ ^mo powers by; virtue of ^ yi^wrwit, signed by a coiiwor'^' , . .J ^ftfyority of the 'yj:v»»toe^ in. c^e<|ti^ the school-rate powvs. PIT subspription, i^nd shaU proceed in the fame nuinneir as ordin»|jr CJoJiU^ptorft of Qp*mty w»d TownsWp Tftte* or wapssments. . n Third^f,. To take possession knd, have tljie custody ^"""^ J^*gjg $nd safb kp^pii\? pf ^U Cqnrniop School propiprty, and nfekeeping which may have been, acquired or ^iven for Cdmmop JoS^scSSofpro^ School j^u^ses in subh section, and to aoq^re aiid gwty ittUteirigi- hold as a (^irpo^ticn, ti^ any tiifle wl^tsoever^ a^ij^ ,' . land, moveable property, moneys Oir income fbr Commoii ^olibd put- potes» nflAil tb« pwweii hienhy ghren^aU bit tak&n awaQr or i)no<$ified, %CQovdi]ii9er of children ihool in winter ces, and those s of age ; the h winter aiid taught ih the 1 branch ; the school exami- (lom, and such ibrary, as may ihief Superin- j Trustee of a J sign a false )n School who make a false •ger sum than iich Common School Fund )e prosecuted hatever, and ner than the not forthwith goods and nd paid over ffender shall reign books lall be used Grmission of n any l ach r from any e of devo- to by his 17 or her parents or guardians : Provided always, that, within this limi- tation, pupils shall be allowed to receive such religious instruction as their parents and guardians shall desire, according to the general regulations which shall be provided according to law. II, Common School Teachers, and their Duties. XV. And be it enacted, That no Teacher shall cJ^SSefiued be deemed a qualified Teacher within the meaning of this Act, who shall not, at the time of his engaging witli the Trus- tees, and applying for payment from the School Fund, lold a Certi- I ficate of qualification, as hereinafter provided by this AJt ; Provided always, that Certificates of qualification given by Proviso : local Superintendents, shall be in force until the first of January, one thousand eight hundred and fifty-one. / XVI. And be it enacted. That it shall be the diicy Duties of Teachers, of every Teacher of a Common School, — .^ Firstly, To teach diligently and faithfully ^1 the J",aw*a'!fd nc^rS branches required to be taught in the School, accord- ment. ing to the terms of his engagement with the frustees, and according to the provisions of this Act. Secondly, To keep the daily, weekly, and monthly or quarterly registers of the School ; to maintain proper order and discipline therein, according to the forms and regulations which shall be provided ac- cording to law ; also to keep a Visitors' book (which the Trustees shall cause to be provided for that purpose,) and he shall enter therein the visits made to his school, and shall present such book to each Visitor, and request him to make such remarks as may have been suggested by such visit. Thirdly. To have, at the end of each quarter, a J^J, ''^exaSa- public examination of his school, of which he shall tions, &c give due notice, through the pupils, to their parents and guardians, and the Trustees of the school, and of which ho shall also give due notice to any School Visitors who shall reside in or adjacent to such school section. Fourthly, To furnish to the Local or Chief Super- j^",,"],7ti"/'Loca"i intendent of Schools, when desired, any information nr cinnf super- vvhich it may be in his power to give respecting any >"•»""•«•" c To keep registers' To maintain dis- cipline. To keep a Visi- tors' book, &c. ProtecUoD oi or disoiisml. 18 'niflflr connected with *u^ '''o deliver p.- „_ \ desired by tliem, »!»« T„.",! ' t?. ""'*'' "hen jNd him the ^^XoZ"'^ZVT ^^ ^~ ^ We- award between T^ "^ '^"""' ^''«" have f„U a" h 'V" ''" ""»™t wave, that T i ■"' "•* ^""h award shaM T^J'^ *» """^^ an I - t 6 t fa 1 th of 19 or in anywise the time of his ) order of the f to the school: 11 times, when Visitors access Teacher shall I mentioned in n at the expi- ;eea shall have ool, according trided always, Trustees and ) sum due to jetween them, irbitation, and ither party in nd appoint an y requiring •n the party require the e service of his behalf, lerving such le is served , name and arbitration or, and the rintendent, he cannot make an •ovided al- igh, it shall al award To levy inentB for com- mon ichool pur- poses, as desired by trustees. loan, al its dis- cretion. Tor tile purcliase and e- rection of sebooi buildings. III. DuTiBs or Township Councils. XVIII. And be it enacted, That it shall be the V duty of the Municipality of each Township in Upper ship co*unS?8*" Canada : Firstly, To levy such sum, by assessment, upon !the taxable property in any school section, for the purchase of a school-site, the erection, repairs, rent- ing and furnishing of a school-house, the purchase of apparatus and text-books for the school, books for the library, salary of the Teacher, as shall be desired by the Trustees of such school- section, on behalf of the majority of the freeholders or householders at a public meeting called for such purpose or purposes, as provided for by the twelfth section of this Act : Provided al- j,^ autiioriae ways, that such Municipality may, if it shall judge expedient, grant to the Trustees of any school sec- tion, on their application, authority to borrow any sum or sums of money which may be necessary for the purposes herein mentioned, in respect to school-sites, school- houses and their appendages, or for the purchase or erection of a Teacher's residence, and cause to be levied upon the taxable proper- ty in such section, such sum in each year as shall be necessary for the payment of the interest thereon, and as shall be sufficient to pay off the principal within ten years. Secondly. To levy, at its discretion, such sum or sums as it shall judge expiedient for procuring the site and for the erection and support of a Township Model School, and for purchasing books for a Township Library, un- der such regulations as shall be provided accordmg to law: Provided always, that the members of the Township Munici- Members of tiie pality shall be the Trustees of such Model School, and shall possess the powers of Common School Trustees in respect to all matters affecting such Model School ; Provided also, that the Trustees of any one or more Common Schools shall have author- ity, at their discretion, and with the consent of such Council, to merge their school or schools, into such Model School ; and provided likewise, that tuition to student-teachers in such Model School shall be free. To establish a Township Model School, at its dis- cretion. Township Coun- cils to be Trus- tees of such Mo- del School One or more Common Schols may be merged into the Model School. .^: I ■V 'I 20 I To form new school sections. Thirdly, To form portions of the TownshipjWhere no schools have been established, into school sec- tions ; to appoint a person in each new school section to call the first sciiool section meeting ; and to cause such person to bo notified in the manner proscribed in the fourth section of this Act. To alter und uniic setioul sec- tions under cer- tain coiiditlous. Fourthly. To alter any school section already established, and to unite two or more school sections into one, at the request of the majority of the free- holders or householders in each of such sections, expressed at a public meeting called by the Trustees for that purpose : Provided First meeting for always, that the first election of Trustees in such T7usie""7n an section, Consisting of two or more sections united, united section. gjjaH be appointed and held in the same manner as is provided for in the fourth section of this act in respect to a new school section : Provided secondly, that any alteration in the boundaries of a school section shall not go into effect before the twenty-fifth day of December next after the time when it shall have been made ; nor shall any step be taken towards the alteration of the boundaries of any school section, nor any application be entertained for that purpose, unless it shall clearly appear that all parties afieeted by such alteration have been duly notified of such intended step or application : Provided thirdly, that the several parts of such united or altered school sec- tions shall have the same claim to a share of the Com- mon School Fund) to which they would have bten entitled) had they not been altered or united : and provided fourthly, that any school site, or school-house, or other school property which shall not be required in consequence of such alterations or union of school sections, shall be disposed of, by sale or otherwise, in such a manner as a majority of the freeholders or householders in the altered or united school sections shall think proper, at a public meeting called for that pur- pose, and the proceeds shall be applied to the erection of a new school-house, or other Common School purposes of such united or altered sections ; except that the inhabitants tranferred from one school section to another, shall be entitled, for the Common School purposes of the section to which they are attached, to such a propor- A Iterations in school sections not to go into effect before the itfith December, after alterutiou. All parties con- cerned 10 be ap- prized of intend- ed alterations in school sections. Privileges of al tered sections se cured. Disposal and ap- pHcation of pro- perty of altered school sections. ,1 )wn8liip,where to school seo- to call the first bo notified in ct. iction already ohool sections 1 of the free- Kpressed at a se : Provided istees in such ictions united, ne manner as in respect to idly, that any I section shall ^-fifth day of it shall have n towards the ihool section, that purpose, ^rties afieeted ified of 8Uoh thirdly, that d school sec- of the Com- d have been united : and ichool-ho'use, be required Qtions, shall A a majority nited school r that pur- of a new »h united or from one ion School h a propor- tion of the proceeds of the disposal of sudh school house or other Common School property, as the assessed value of their property bears to that of the other inhabitants of the school section from which they shall have been separated : Provided fifthly> that Union school sections, consisting of parts of two or more Dillon school _, , . 1 /. "ill 1 / J \.i wcuons rormea Townships, may be formed and altered, (under the and altered by conditions prescribed in this clause in respect to al- K Supefinieih terations of other school sections,) by the Iteoves and denw. Local Superintendent or Superintendents of the Townships out of parts of which such sections are proposed to be formed, at a meet- ing appointed for that purpose by any two of such Town Reeves ; of which meeting the other party or parties authorized to act with them shall be duly notified ; Provided, sixthly, that each union school section composed of portions of adjoining Townships, shall, for all purposes of Trustee elections and control, be deemed one 8cho<)l section, and shall be considered, in respect to superintendence and taxing for the erection of a school house, as belonging to the Town- ship in which the school house may be situated. Fifthly, To cause the Clerk of such Township, to furnish the Local Superintendent of Schools with a copy of all the proceedings of such Council relating to the formation or alteration of school sections, all School assess ments and other educational matters. Ck>piei Af oeriaiB proceedings to b« Airaiihed. May eetablisb separate schools for Protestants Roman Catholios and Coloured People. XIX. And be it enacted, That it shall bo the duty of the Municipal Council of any Township, and of the Board of School Trustees of any City, Town, or incorporated Village, on the application in writing of twelve or more resident heads of families, to authorize the establish- ment of one or more separate schools for Protestants, Roman Catho- lics or coloured people, and, in such case, it shall prescribe the limits of the divisions or sections for such schools, and shall make the same provision for the holding of the first meeting for the election of Trustees of each such separate school or schools, as is provided in the fourth section of this Act for holding the first school meeting in a n&sfi school section : Provided always, that each such separate sohcj! shall go into operation at the same time with alterations in schoc! sections, and shall be under the same regulations in respect to the persons for whom such school is permitted to be established, as are c3 r ', 22 Manner of «i«et- Common Schools generally : Provided secondly, that Meh MpTniic '° none but coloured people shall be allowed to vote •ebooi Mciioni. for the election of Trustees of the separate school for their children, and none but the parties petitioning for the estab^ lishment of, or sending children to a separate Protestant or Roman Catholic school, shall vote at the election of Trustees of such school: Provided thirdly, that each such separate Protestanti tionini school ' or Roman Catholic, or coloured school shall be enti- moneya to them. ^^^ ^ ghare in the school fund according to the aver- age attendance of pupils attending each such separate school, (the mean attendanceof pupils forbothsummerand winter boingtaken,) as compared with the whole average attendance of pupils attending the Common Schools in such City, Town, Village or Township: Provided fourthly, that no Protestant separate school shall be allowed in any school division except when the Teacher of the Common School is a Roman Catholic, nor shall any Roman Catholic separate school be allowed except when the Teacher of the Common School is a Pro- Proviso as to testant. Provided fifthly, that the Trustees of the certain retuma. Common School sections within the limits of which such separate school section or sections shall have been formed, shall not include the children attending such separate school or schools, in their return of children of school age residing in their school sections. May unile all the Bchool sections in a Township under the man- agement of one Board of Trus- tees, at the re- quest of a major- ty of the sections concerned. XX. And be it enacted. That whenever the ma- jority of the resident householders of the several school sections of any Township, at public meetings called by Trustees for that purpose, shall desire to abolish local school section divisions, and have all their schools conducted under one system, und one management, like the schools in Cities and Towns, the Municipality of such Township shall have authority to comply with their request thus expressed, by passing a By-law to that efieot ; and all the Common Schools of such Township shall be managed by one Board of Trustees, one of whom shall be chosen in and for each ward of the Township, if the Township be divided into wards, and if not then the whole number shall be chosen in and for the whole Township, and invested with the same powers, and subject to the same obligations, as are provided and required, in respect to Trustees in Cities and Towi s, by the twenty-fourth section of this Act. i secondly, that lowed to vote »arate school for for the estab' tant or Roman of such school: rate Protestant, >1 shall be enti- ing to the aver- te school, (the oing taken,) as i attending the ship: Provided allowed in any ion School is a rate school be ehool is a Pro- 'rustees of the imits of which n formed, shall 1 or schools, in shool sections. ever the ma- f the several blic meetings hall desire to and have all em, and one and Towns, ty to comply ■law to that hip shall be )e chosen in divided into n in and for and subject n respect to tion of this 23 IV. Cou^f ciLS Ain> Trustbbs in Citibo, Towns, amo LvcoapoAATED Villages, aud their Dvtibs. ' XXI. And be it enacted. That the Council or poweraorMani- Common Council of each City or incorporated Town cipji ^*".f "^Jj^" I in Upper Canada, shall be, and is hereby invested, I within its limits and liberties as prescribed by law, and shall be ' subject to the seme obligations as are the Municipal Council of each County and the Municipality of each Township by the eight- eenth and twenty-seventii sections of this Act : Provided never- theless, that the appointment of the Local Superintendent of Schools for such City or Town, shall be made by the Board of SoLool Trus- tees for such City or Town. ^ . XXII. And be it enacted, That in each ward in- '^^J^l^f^' »® to which any City or Town is, or shall be divided each ward ofCl- according to law, two fit and proper persons shall "*** *"** Town* be elected School Trustees by a majority of all the taxable inhab- itants of such ward ; one of which Trustees (to be ^ode of retiriog determined by lot, at the first Trustee meeting after f'««n oUce. their election) shall retire fromofiice the second Wednesday of Janu- ary following his election ; and the second of whom shall continue in office one year longer, and until his successor is penona thua elected ; and the persons thus elected shall form one g^JJJ* 5 '*TrIii Board of School Trustees for such City or Town. teea. One Truatee to be elected in each ward of a City or Town, the second Wed nesday in Janu- ary of each year. XXIII. And be it enacted, That on the second Wednesday in January of each year, at the time pre- scribed by the second section of this Act, one fit and proper person shall be elected Trustee in each ward of every City and Town, and shall continue in oflice two years, and until his succesRor is elected : Provided always, that such election shall be held at the place where the last municipal election was held for such ward, and under the di- Mode of faoidiitg rection of the same returning officer, or, in his default, ■"«*> election, of such person as the electors present shall choose ; and such elec- tion shall be conducted in the same manner as an ordinary munici- pal election in each ward of such City or Town. .1 XXIV. And be it enacted. That the Board of School Trustees for each City and Town, shall be a To be a corpora- tion. nm Duties of the Board of TruB- tses in each City or Town. ' 24 corporation under the name of « n,. r . School Trustees of the cTZ /!! ^ ' ^°"^^ 'i/' ,. , in the County of.lJzf^Z^''^^'f thereof may be called in the clZZZ 'J (^^^ first meeiin^ Trustee), and it shall be thX^Irr^l"' '^'^ ^^ -' To appoint cer- Firgiht 'n« « • ' ' «.n «»„,.. ^c. n.anSeteta^T'''''"""'^'^ "»««»«■•. a Chair- or moro collector, of XSfr"f"<'r'>^ ««'■-■«. -^^^^^^ "mes and place, of their meeto« «,??h '.' '"^ '° ^PP"'"' ""e School aeconnts. ^ °" P"'<'««'l"n?8, and of keeping all tteilr ?"pSn" lo'""' *'""'««*• "?» take possesion of all rnn, c. Common School purpce™ „32' „""* "i.^^^^^ <" '"oome'f^ talcen away or modified b; law ,tr"''^''r''y?'™>> shaU be oood., „ the objects for 4cUhe7t:e''Ki:'i' ''™^' ■" *» P™" Tomak,.,, ^. ^ °*'^* ■'"on given or acquired, needful pron» JTurdly, To dn »,!,.. s;.VnTeK ^-t With" rl'^!:';:;zZ\T' ^^'^^ ^^p- g;m.se« text- Sites and premises • buiS ^ • ''"^'"^ ^^^^^l Tu , u warming and keeninr- ^i repairing, furnishinff, sehool-houses, and its fr ?heir ?nn^ J" "''^^^ ^he school-house o^ movabiopr,p,r,^. ^^ ; the^^^^^^^ lands, enclosures Ld and for the establishment and 1! ! ^PParatus and text-bool-s- school libranes. ""' ""'^ mamtenanee of a school library *; ^S£VSlli! « f r '*^^- T« determine the numh« • of Schools; em- ^"<^ ^^scription of schools whivtu^/' ^'^®«' ^^«d P'o7 Teachers, and maintained in ucrCitTV^"" ^' '^^^"ished «mni • u ^^ Teachers who sLil hi ^'^'' '■ ^^" T^^^her employing them, the amounrofth.. ^^ ^"^P^cd, the terms of which they are to perforr the s^'-^Tr^^'^^ '^^^Zi^s Schools appointed bythemind h,'^^-''^ ^^^ Superintendent of 25 riie Board of m) of I I e first meeting room by any aner, a Chair- hools, and one to appoint the illing them, of eping" all tbeir )mmon School I Corporation for Common hatsoever ; to or income for iven shall be e, oi the pro- •r acquired. I judge expe- mting school furnishing, lool-house or closures and text-books; )ol library or sites, kind established he Teacher e terms of the duties tendent of )t, at their in concur- br uniting with such To appoint a coininitteeof three totaketlie special charge of each scbool. To make an es- timale of the ex- penses of (be schuois. i Fifthly. To appoint annually, or oflener, if they lehall judge expedient, for the special charge, over- sight, and management of each school within such City or Town, and under such regulations as they shall think proper to prescribe, a committee of not more than three persons for each school- < Sixthly. To prepare from time to time, and lay jfore the Municipal Council of such City or Tcwn, m estimate of the sum or sums which they shall judge [expedient, for paying the whole or part of the salaries of Teachers ; for purchasing or renting school premises ; for building, renting, ! repairing warming, furnishing and keeping in order the school-houses I id their appendages and grounds ; for procuring suitable apparatus 1 and text-books for the schools ; for the establishment and mainte- nance of school libraries ; and for all the necessary expenses of the schools under their charge ; and it shall be the duty jhe Miinicipat of the Common Council or Council of such City or t^owcii to pro- _ ^ , J , . , •' vide for sueh e»» Town, to provide such sum or sums m such manner pensea. 9S shall be desired by said Board of School Trustees. Seventhly, To levy at their discretion, any rates ^^^ '1*^,*^ aubeii open the parents or guardiaivs of children attending discretion, any school under their charge ; and to employ the same means tar collecting such rates, as Trustees of Common Schools in any Towii>- ship may do under the twelfth section of this Act : Provided always, that all moneys thus collected shall be paid fhe 8uin« thaa Into the hands of the Chamberlain or T'-easurer, of coMecteji to be 8Uoh City or Town for the Common School purposes Lnda of the of the same, and shall be subject to the o-der of the Trewure'r?'" °' said Board of School Trustees. I Eighthly. To give orders to Teachers and other ^^ th'e'%?SS school officers and creditors upon the Chamberlain of Teachers, itc. or Treasurer of such City or Town, for the sum or sums which shall be due them. JVinthly, To call and give notice of annual and JjJial *"'Si'oSi ; special school meetings of the taxable inhabitants of meetings. ' such City or Town, or of any Ward in it, in the same manner and under the same regulations as are prescribed in the twelfth sect''>n of this Act, for the appointment of annual and special school meet- 1:1 Continuance in office of persons elected i« fill va- cancies. To see that the pupils are duly supplied with p'opertextbeolis, dsc. To have thetr ■ebool condui'Uid according to law. To prepare and ish annual reports, publi school 26 ings in the school sections of Townships : Provided always, that any person elected at any special ward school meeting, to fill a vacancy which shall have occurred in the Board of Trustees, from any cause whatever, shall hold ofl[ice only during the unexpired part of the term for which the person whose place shall have become vacant, was elected to serve. Tenthly, To see that all the pupils in the schools are duly supplied with an uniform series of autho- rized text-books ; to appoint a Librarian, and take charge of the school library or libraries, whenever established. Eleventhly, To see that all the schools under their charge are conducted, according to the regulations authorized by law ; and, at the close of ich year, to prepare and publish, in one or more of the public papers, or otherwise, for the information of the in- habitants of such City or Town, an annual report of their proceed- ings, and of the progress and state of the schools under their charge ; of the receipts and expenditure of all school moneys ; and to pre- To prepare and P^^^ ^^d transmit annually, before the fifteenth of transmit an an- January, to the Chief Superintendent of Schools, a nual report to ihe •". ,, .'^. „ , m i CbiefSuperinten- report. Signed by a majority of the Trustees, and dent of Schuois. containing all the information required in the reports of Common School Trustees, by the tv, elfth section of this Act, and any additional items of information which may be lawful^^' required, Contents of such ®^^^ made according to a form which shall be pro- report, vidod for that purpose by the Chief Superintendent of Schools. , . . Ji^rco"undis"ln ^^^' ^^^ ^® ^* enacted. That the Municipality incorporated vii- of evcry incorporated Village, shall possess and **•*"' exercise all the powers, and be subject to all the obligations with regard to the levying and raising of moneys for Comirin School purposes, and for the establishment and maintenance of school libraries, within the limits of such incorporated Village, as are confe-red and imposed by this Act upon the Municipal Corp6ra- Pirst election of ^*°"^ ^^ Cities : Provided always, that on the second trustees in such Wednesday in January, one thousand eight hundred w^liMday" "in ^^^ fifty-onc, in each such incorporated Village, at January, 1851. the place of the then last annual election of Counoil- i. : the ioj the an( mi wii ko\ «du ips ; Provided y special ward ich shall have vhatever, shall for which the >eted to serve. in the schools iries of autho- ian, and take ies, whenever )ls under their he regulations of ' ich year, 3 of the public ion of the in- their prooeed- their charge ; ; and to pre- te fifteenth of of Schools, a i'rustees, and in the reports this Act, and i)i" required, hall be pro- iperintendeint [unicipality possess and it to all the moneys for [laintenanoe Village, as il Corpdra- |the second t hundred '"illage, at bf Council- he elected in eacb incorporated vU- age. Mode of retire- ment from oflke. 27 iors, there shall be a meeting of the taxable inhabitants of such Incorporated Village, and which meeting shall be „ jorganized and conducted in the same manner as is tioos to be held j)re8oribed m the twenty-third section of this Act, ■"•* conducted. ibr the conducting of annual school meetings in the wards of Cities jpid Towns ; and at such meeting, six fit and proper Six Tmatecs to arsons, from among the resident freeholders or )iou8eholders, shall be elected School Trustees for ^uoh incorporated Village ; and the persons thus jhosen shall be divided by lot into three classes, of i^wo individuals each, to be numbered one, two, three ; the first class Iphall hold ofiice one year, the second, two years, and the third, three ^ears, and until their successors are elected; but each Trustee retiring |rom ofiice shall be eligible to be re-elected with his own consent : ^provided secondly, that there shall be a like school Two Tmateee to pieeting annually in each such incorporated Village, Jj,aJJJ*'* JmSai .|lt which two persons shall be chosen Trustees, in school meeting. jj;he place of the two retiring from ofiice, and shall continue in office Itwo years, and until their successors are elected : Provided thirdly, that the firnt annual school meeting in each inoorpo- „ . , ... , ,_.„ , „ , ,, 1 , 7 m « Mode of calling fated Village, shall be called by the Town-reeve of the first annual ^uoh Village, who shall cause notices to be posted in ■*'"^' n*"*''*'- ^t least six public places of such Village, at least six days before |the time of holding such meeting. * XXVI, And be it enacted, That the Trustees Elected in each incorporated Village, according to Ihe provisions of the preceding section, shall succeed io all the rights, powers, obligations and liabilities of fhe present Trustees of such incorporated Village, and shall be a Corporation under the title of the ^Ejard of School Trustees of the incorporated Vil- ^S^ ^f > *'* t^^ County of ;" and shall possess fell the powers, and be subject to all the obligations, Within the limits of such incorporated Village, as are Conferred and imposed by the twenty-fourth section t)f this Act, upon the Trustees of Cities and Towns. The tru'Tr Municipal Councils. • XXVII. And be it enacted. That it shall bo the (duty of the Municipal Council of each County : Duties of count V councils. 28 \ i To raiie by a«- Firstly, To cause to bo levied each year upon the year, a sum equal several Townships of such County, such sum or l^hooi Vr?nt**al.! s""*^ of money for the payment of the salaries of portioned to such legally qualified Common School Teachers as shall county. ^^ least be equal (clear of all charges of collection) to the amount of school money apportioned to the several Townships thereof for such year, by the Chief Superintendent of Schools, as notified by him to such Council, through the County Clerk : Provided always, that the sum or sums so levied, may be increased at the discretion of such Council, either to increase the County School Fund, or to give spe- cial or additional aid to new or needy school sections, V. i the recommendation of one or more Local Super- intendents: Provided also, that the* sum required to be levied in such County in each year, for the salaries of legally qualified Teachers, shall be collected and paid into the hands of the County Treasurer, on or before the fourteenth day of December ; and pro- vided likewise, that in case of the non-payment of any part of such sum into the hands of the County Treasurer at that time, no Teacher shall, upon appli- cation, be refused the payment of the sum to which ho may be entitled from such year's County School Fund, but the County Treasurer shall pay any local Superintendent's lawful order in behalf of such Teacher, in anticipation of the payment of the County School assessment ; and the County Council shall make the necessary provision to enable the County Treasurer to pay the amount of such lawful order. Such sum may be increased at the discretion of the council ; and the additional sum raised maybe dis- posed of at the pleasure of the council, to aid poof achool sections or increase the couQ- ty school fund. Time for the pay- ment of the coun- ty school assess- ment. No teacher to be refused the pay- ment of his due, on account of the non-coUeetion of any part of the county school as- sessment. Secondly. To raise by assessment, such sum or To raise money for County Com- . , „ . , ,. „ , mon School Li- sums 01 monoy, as it shall judge expedient, for the ^'*'^* establishment and maintenance of a Countv Common To appoint local Superintendents of Sehools, and provide for their salaries. by the thirtieth salaries of such School Library. Thirdly. To appoint annually, a Local Superinten- dent of Schools for the whole County, or for any one or more Townships in such County, as it shall judge expedient ; to fix (within the limits prescribed section of this Act), and provide for the salary or Local Superintendent or Superintendents: Provided ■liar a uti 20 ;n^ 1 1 ir upon the ch sum OT salaries of ers as shaD coUection) Townships Schools, as : : Provided ed, may be mcil, either to give spc- ool sections, iocal Super- i required to r the salaries olleoted and asurer, on or r ; and pro- i-payment of [ the County I, upon appli- 1 to which unty School ay any local If of such ent of the all make the to pay the always, that no such Local Superintendent shall have the oversight of more than one hundred Schools ; and provided also, that the County Clerk shall forth- with notify the Chief Superintendent of Schools of the appointment and address of each such Local Superintendent, and of the County Treasurer : and shall likewise furnish him with a copy of all pro- eoodings of such Council, relating to School assess- ments and other educational matters. No local SuperiD' tendent to have charge of more than 100 schools. County clerk to notify the Chief Superintend -"t of schools the names ai.«i ad- dress of local Su- perintendents, al- so of Ihe name and address of the county Treasurer. To secure nil school moneys. To see that no deduction be made from the county common school fund. Fourthly. To see that sufficient security bo given by all officers of such Council to whom School mo- neys shall bo entrusted ; to see that no deduction bo made from the School^ Fund by tho County Treasu- rer or Sub-treasurer, for tho receipt and payment of School moneys ; to appoint, if it shall judge expe- dient, one or more Sub-treasurers of School moneys, for ono or more Townships of such County: Provided always, that To appoint a suu- cach such Sub-treasurer shall bo subject to tho !!^t^"/" „,„ ?5 •> school moneys at same responsibilities and obligations in respect to tho its discretion, accounting for School moneys and tho payment of lawful orders for such moneys given by any Local Superintendent within tho parts of the County for which he is appointed Sub-treasurer, as are imposed by this Act upon each County Treasurer, in respect to the paying and accounting for School moneys. i Fifthly^ To appoint annually, or oftener, Auditors, whose duty it shall be to audit the accounts of the County Treasurer and other officers to whom school moneys shall have been intrusted, and report to such Council ; and the County Clerk shall transmit to the Chief Superintendent of county ciork 5ueh sum or Schools, on or before the first day of March in each lent, for the , year, a certified copy of the abstract of such report, ntv Common |and also give any explanations relating thereto, as ■ I far as he is able, which may be required by the I Chief Superintendent. To cause the school accounts to be audited, &c. to transmit to the Chief Superinten- dnnt an ibstract of such accounts, &c. I Superinten- or for any as it shall ts prescribed mo salarv or Ls: Provided vi. cojvstitdtion and duties of the coukty boards of public Instruction. XXVIII And bo it enacted, That the Board of Trustees for the County Grammar School and the D Trustees of the county grammar schuol and local 80 fo***clmS£to* a ^^'^ Superintendent or Superintendents of Schools Common onslitute a business : enses con- gs of each y the Mu- lall be the istruction : es a year ; own meet- Id the man- tificates of Ichools, ar^ according in a pro- according ludge expe- te of quali- |a Teacher, if of good shall not, in, be a na- shall not, 31 produce a certificate of having taken the oath of allegiance to Her Majesty, before some one of Her Majesty's Justices of the Peace for the County in which he shall be a resident ; and all Justices of the Peace are hereby authorized to administer such oath of allegiance : Provided also, that any such certificate of qualifica- grtiflcate may tion, shall be general, as regards the County, or mited?*' limited as to time or place, at the pleasure of the majority of the members of the County Board of Public Instruction present at such examination : Provided likewise, that every such ^^g^ ^^^^ jj,e certificate shall have the signature of at least one signature of one I 1 c ■ i 1 ^ p o u 1 local Superinten- local Supermtendent of Schools. dent of schoou. Thirdly. To select (if deemed expedient), from bookJKchSil" a list of text-books recommended or authorized by from the general the Council of Public Instruction, such books as V'horized list, they shall think best adapted for the use of the Common Schools of such County or Circuit : and to ascertain and re- To facilitate the commend the best facilities for procuring such books. SoSS!*"^ °^ *"^** Fourthly. To ad >pt all such lawful means in their power as they shall judge expedient, to advance the interests and usefulness of Common Schools, to promote the establishment of School Libraries, and to diffuse useful knowledge in such County or Circuit. To provide for the establishment of acounty school library. To promote the Interests of schools and the diffusion of useful knowledge geaer' ally. VII, Duties of Local Superintendents op Schools. And be it enacted, that each Local Su- Local superinten- perintendent of Common Schools, appointed as pro- To be cntuied \o vided for in the twenty-seventh section of this Act, a''f™"nerationof shall be entitled, annually, to not less than one pound per school pound currency per School placed under his charge, «nd« his charge, together with any additional remuneration or allowance which the Council appointing him shall grant : and such Su- n^ u .^ J r t_ II 1 .11 . . . To be paid qoar- perntendent shall be paid the same in quarterly m- teriy by the trea stalments by the County Treasurer. XXXI. And be it enacted. That it shall be the duty of each Local Superintendent of Schools : •urer of tbecoun* Dutiec of Local Superintendents of Scboolc. 32 Todiitribute the coipmon school t'uod among the several school k^ctiorii 'decora* in^ t6 the ratio pf attendance,unles8 otherwise direct- ed. First, As soon as he shall have received from the County Clerk « notification of the amount of money apportioned to the Township or Townships within the limits of his charge) to apportion the same (unless otherwise instructed by tho Chief Su- perintendent of Schools), among the soveil school sections entitled, to receive it, according to the rat.c-s of ihu average attendance of pupils attending each Common SchcDi, (the mean attendance of pupils for both summer and winter being taken), as campared with the whole average number of pupils attending the Common Schools of such Township. Oil the order of trustets to give ("f.equos to teach- ers upon the rrnintry or snb- »')iinty treasurer for school 1110- rii'v,';. txinditions of giving such rl'.equos. Secondly. To give to any qualified Teacher, and 10 no other, on the order of the Trustees of any school section, a cheque upon the County Treasurer or sub-Treasurer, for any sum or sums of money apportioned and due to such section : Provided al- ways, that he shall not pay any such order of the Trustees of any school section, from whom no sa- lisfactory annual school report shall have been received for the year ending the last day of the December preceding ; nor unless it shall appear by such report, that a school has been kept by a qualified 'J'eacher in such section for at least six months during the year Such conditions ending at the date of such report : Provided also, reW 'schiol^seS ^^^^ ^^® foregoing condition shall not apply to the t:ons. order or orders of Trustees in any new echool sec- tion, for money apportioned and due to such section, lo visit each Thirdly. To visit each Common School within sci-.ool at least , . . . ,V . , . , , ouce ji-quarter. his jurisdiction, at Icast oncc m each quarter ; and Duties at such at the time of cach such visit to examine into the visitations 1. I oi 1 1 State and condition of the School, as respects the progress of the pupils in learning, the order and discipline observed, tiie system of instruction pursued, the mode of keeping the school registers, the average attendance of pupils, the character and con- dition of the building and premises, and to give such advice as he shall judge proper. • • ' To deliver a pub- Fourthly, To deliver in each school section, at lie l6ctiirc in Ccicti school section at least once a-ycar, a public lecture on some subject least once a-year, connected With the objects, principles, and means of k eived from amoudt of rownehips ortion the Chief Su- iil school hu average (the mean taken), as jnding the }acher, and ees of any r Treasurer of money 'rovidod al- rderof the lom no sa- fer the year less it shall a qualified ior the year vided also, ply to the school see- ch section. lool within larter ; and le into the ispects the |e observed, the school |r and con- vice as he [section, at le subject Id means of i 83 of practical education ; and to do all In his power jJjP'J* <>' »«»«»» to persuade and animate parents, guardiansi Trustees other duUe*. and Teachers, to improve the character and efficiency of the Com- mon Schools, and secure the universal and sound education of the young. Fifthly. To see that all the schools are managed and conducted according to law ; to prevent the use of unauthorized, and to recommend the use of authorized books in each school ; to acquire and give information as to the manner in which such authorized books can be obtained, and the economy and advantages of using them. Sixthly, To attend the meetings of the County Board of Public Instruction ; to meet and confer with the Chief Superintendent of Schools at such time and place as he may appoint when making an official visit to such county, for the promotion of the interests of Education. To enforce the law. To recommend the uie of author- ized text-books i and to facilitate the procuring of them. Seventhly. To attend the Arbitrations, and to meet the Townreeves as provided for in the twelfth and eighteenth sections of this Act ; to decide upon any other questions of difference which may arise between interested parties under the operation of this or any preceding Act, and which may be sub- mitted to him ; Provided always, that he may, if he shall deem it advisable, refer any such question to the Chief Superintendent of Schools : Provided also, that any aggrieved or dissatisfied party, in any case not otherwise provided for by this Act, shall have the right of appeal to the Chief Superin- tendent of Schools. Eighihly. To suspend the certificate of qualifica- Josuspendcertt e rn u r v x. y. it flcates of qualifi- tion of any Teacher, for any cause which shall ap- cation in certain pear to him to require it, until the next ensuing **^' meeting of the County Board of Public Instruction, where the case shall be disposed of in such manner as a majority of the members present shall think proper : Provided always, that Thecanceiungor due notice shall be given to the Teacher suspended, JSJ^^certifi! o3 To attend the meetings of the county Board of Public Instruction To meet and con- fer with the Chief Superintendent of Schools in his official visits to such county. To attend arbi- trations for the settlement of cer- tain questions of dispute. To decide upon other questions of dispute at discre- tipn. Or (proviso) refer them to the Chief Superintendent of Schools. Proviso : aggrieved or die- satisfied parties may appeal in certain casei. e«t« of qiullflea- "Mon," to Telowe hit tniitMt'flrem obHfttlon t6-«on- ^athimintlietr enpioimeQt.' •ilj i'j a'.'. ^4 of rach meeting of ^ho , County 3oard : I'rpylded also, £b'at'iiie CM^^ suspenaion of a Teach- er^a cei'tlificiite of' qu^lifilcatlon, shall relei^se his 'l^chbbf' Trua'tees from any obligation to continue him in their employment. To obierve all lawful regulation! . »ad ioitructions •in the diicharge . of hii duties. To give iaforraa- tion to tlieCliief bij|)erintcndent when desired, To account to t!ie county audi- [.'>n,^c. JVmt^y. To act in accordance with the regula- lationa and instructions which shall be provided ac- cording to law ; to give any information in his power, (when desired), to the Chief Superintendent of Schools, respecting any Common School matter within his jurisdiction ; to furnish the County Au- ditors, when required, with the Trustees' orders as the authority for his cheques upon the County or •Sub-Treasurer for School moneys ; to deliver copies of his official correspondence and all school papers in his custody, to the order of the County Council on retiring from office. To prepare and transmit an an- nual scliool re- port to tiie Cliief iiiupi'rinteiidcnt. Oop.tents of gucii report , Tenthly. To prepare and transmit to the Chief Superintendent of Schools, on or before the first day of March, an annual report, which shall be in such form as shall be provided by the said Chief Su- perintendent and which shall state : — 1st. — The whole number of schools and school sections or parts of sections in each Township within his jurisdiction. of 2nd. — The number of pupils taught in each school over the age of five and under the age of six- Number i>r,lroolS, &c. dJiidrenofachooi teen years; the number between the ages of sixteen a(?c, &c. and twenty-one years ; the whole number of chil- dren residing in each section, or part of a section, over the age of five and under the age of sixteen years. Timo of keeping the sctiools open; Ijt-anchos taught, B'!okD used, ar- (^rage attendance, 3rd.— The length of time a school shall have been kept in each such section or parts of sections, by a q^ualified Teacher ; the branches taught, the number of pupils in each branch, and the books used : the average attendance of pupils, both male and female, in summer and in winter. ?5 ; I'rpylded f a Teacb- relei^se his to continue the regula- )rovide(i ac- tion in his )erintendenl :hool matter County Au- la' orders as County or f Ills official the order of o the Chief fore the first shall be in lid Chief Su- and school Township It in each e age of sjx- s of sixteen nber of chil- r the age of 1 shall have of sections, taught, the books used , \\ male and 1 Th« amount of non^i received and ' exp^ndtd, ac. ,4t|x.-7TlM amoiiQt of in|Oi\„^hlch fiaye been reqelyed',ai\d,c|Qllfcf|^ in f^ach ^ecUo^ qr part of 8e<;tion--^Mitingpi9biiig ibe,funount .apportioqed |>y ,the Ubf^f Sup^riot^iijent 6t ,fichQo|Bf the ainount received from Counter AtBeMmentf tl^e .^mbtiqt rajaed bj^ l^rustees, and the amount f'rom any other and what source or sources ; also how such moneys have been expended, or whether any part remains unex- pended, and from what causes ; the annual salary of Teachers, male and female, with and without board. 5th. — The number of his and other School visits '^^^ number of ... , trill »chool vuitii and during the year; the number of school kctnres lectures, delivered ; the whole number of school-houses, their sizes, character, furniture and appendages, the number rented, the or school-houses, number erected during the year, end of what char- 4^- acter, and by what means. 6th.— The number of qualified Teachers, their '^f teachers, &c. standing, sex, and religious persuasion ; the number, ^o far as he may be able to ascertain, of private Schools, the ofprivaieschoois number of oupils and subjects taught therein ; the libraries, &c. number of Libraries, their extent, how established and supported : also, any other information which he may possess respecting the educational state, wants and advantages in each Township of his charge, and any suggestions which he shall think proper to make with a view to the impirovement of Schools and difilision of useful knowledge. VIII. 3ci(oo^ Visitors and their Duties. XXXII. And be it enacted. That all Clergymen Whj)^j »han^^ be recognized by law, of whatever denomination. Judges, Members of the Legislature, Magistrates, Members of County Councils and Aldermen, shall be School visitors in the Townships, Cities, Towns and Villages where they shall respectively reside : Provided always, that persons holding the Commis- proviso- as to si on of the Peace for the County only, shall not be county ma{,is- School Visitors within Towns and Cities : Provided *'^*'®*' also, that each Clergyman shall be a School Visitor in any Town- ship, Town or City where he may have pastoral charge. i 'I :i 86 School viiltori •utborlzedtofUit th« ichooli, au tend cxKinfna- tloDi, and exa- mine intu the iiate of each ichool, &c. XXXIII. And be it enacted, That it shall be lawful for each of said School Visitore, to visit) oa far as practicable, ail the Public Schools in sucli Township, City, Town or Village; especially to attend the quarterly examinations of Schools, and, at the time of any such visit, to examine the progress of the pupils, and the state and management of the School, nnd to give such advice to the Teachers and pupils, and any others present, as he may think advisable, in accordance with the regulations and instructions which shall be provided in regard to School Visitors according to law : Provided always, that a General Meeting of such Visitors may be held at any time or place which (.enerai mmings may be appointed by any two Visitors, on sufficient may be caiiid. notice being given to the other Visitors in the Town- ship, City, Town or Village; and it shall be lawful for such Visitors, Duties and ob- ^^"^ assembled, to devise such means as they may jects of such deem expedient for the efficient visitation of the Schools, and to promote the establishment of Libra- ries and the diffusion of useful knowledge. mcutings. Hit salary. IX. Duties of the Chief Superintendent of Schools. ctiiefsupcrinien. XXXIV. And be It enacted, That the Governor dent of Schools - . .it -r. i . appointed. may, from time to time, by Letters Patent under the Great Seal of the Province, appoint a fit and proper person to be Chief Superintendent of Schools for Upper Canada, who shall hold his office during pleasure, and shall receive a salary of the same amount as that now provided by law, or as may hereafter be provided by law, for the Superintendent of Education in Lower Canada ; and shall be responsible to, and subject to the direction of, the Governor-General, communicated to him through such Depart- ment of Her Majesty's Provincial Government, as by the Governor may be directed in that behalf ; and shall account for the contin- gent expenses of his office, as provided in respect of other public offices ; and shall be allowed two Clerks, who shall receive the same salaries as are or shall be by law attached to similar offices in the education law of Lower Canada, to commence from the first of July, one thousand eight hundred and fifty. To account for the contingent ex- penses of his office. To be allowed two clerks; their salaries. :' »1 37 it it shall be B, to visit; 08 hools in such especially to Schools, and, e the progress :hool, nnd to thers present, yuiations and hool Visitors jeting of such place which , on sufficient ; in the Town- such Visitors, 3 as they may itation of the iient of Libra- dge. Schools. he Governor ent under the t and proper per Canada, eive a salary provided by tided by law, in Lower direction of, uch Depart- he Governor r the contin- in respect of Uowed two laries as are [ffices in the kmence from red and fifty. Dutioi of the (Jhief Superinten- dent. To apportion aU moneys granteii by the legislature for the support of couMiiun sehooli, and iu what ratio. XXXV. And be it enacted, That it shall be the duty of *he Chief Superintendent of Schools : Firstly. To apportion, annually, on or before the first day of May, all moneys granted or provided by the Legislature for the support of Common Schools in Upper Canada, and not otherwise appropriated by this Act, to the several < 'ounties, Townships, Cities, Towns and incorporateu Villages therein, according to the ratio of population in each, as compared with the whole population of Upper Canada ; or when the census or returns upon which such an appor- tionment is to be made, shnll be so far defective, in respect to any County, Township, City, Town or Village, as to render it impractica- ble fur the Chief Superintendent to ascertain from such data the share of school moneys which ought then to be apportioned to such County, Township, City, Town or Village, he shall ascertain, by the best evidence in his power, the facts upon which the ratio of such ap- portionment can be most fairly land equitably made, and make it accordingly. Secondly. To certify such apportionment made ]by him, to the Inspector-General, so far as it relates to the several Counties, Cities, Towns and incorpo- rated Villages in Upper Canada, and to give imme- diate notice thereof to the Clerk of each County. City, Town and Village interested therein, stating the time when the amount of laoncys thus apponlonetl, will be payable to the Treasurer of such County, City, Town or Village. Thirdly, To prepare suitable forms, and to give such instructions as he shall judge necessary and proper, for making all reports, and conducting all proceedings under this Act, and to caUse the same with such general regulations, as shall be approved of by the Coun- cil of Public Instruction, for the better organization and govern- ment of Common Schools, to be transmitted to the officers required to execute the provisions of this Act. Fourthly. To cause to be printed from time to time, in a convenient form, so many copies of this Act, with the necessary forms, instructions, and regulations to be observed in executing its provi- sions, as he may deem silfficii^nt for the informtktion To certify such apportionment to the Inspector- General.andtothe county clerks. To prepare s lita* ble forms, &c., for executing the law, and trans- mit them to local school officers. To cause copies of the school law, regulations, Ac, to be printed and distributedas occasion may re* quiife. 88 ■ » I si U of all officers of Common Schools, and to cause the same to be distributed for that purpose. Fifthly, To see that all moneys apportioned by him, be applied to the objects for which they were granted ; and fcr that purpose to decide upon all matters and complaints submitted to him, (and not otherwise provided for by this Act,) which involve the expenditure of any part of the School Fund; and to direct the application of such balances of the* School Fund, as may have been apportioned for any year and forfeited according to the provisions of To direct the dis- this Act : Provided always, that such balances of To lee that aU school moneys apportioned by him p.e duly ap- plied according to law. pf'fuch m'oney! the School Fund shall be expended in making up in certain cases the Salaries of Tcachors in the County to which they shall have been apportioned. and under certain conditions. To appoint a Deputy and spe- cial inspectors in certain cases. Sixtnlt/, To appoint one of his Gierke «s his Deputy, to perform the duties of his Office in case of his absence ; and to appoint one or more persons, as he shall, from time to time, deem necessary, to inspect any school, or examine into any school matter, in the County where such person or persons reside, und report to him : Provided, that no allowance or compensation shill be made to such special inspector or inspectors for any service ^r services performed by him or them* t^"*Se'"Nofma1 ^^venthly. To take the general Superintendence School. of the Normal School ; and to use his best endea- And text-bookB. vours to provide for and recommend the use of uniform and approved text-books io the schools generally. School libraries. EightJily. To employ all lawful means in his power to procure and promote the establishment of School Libraries for general reeding, In the several Counlies, Townships, Cities, I'kns of school- Towns, and Villages; to provide and recommend the adoption of suitable plans of school-hou^os, with the proper furniture and appendages ; and to collect and diffiise useful information on the subject of education f/enerally, among the people of Upper Canada. To iubmit to the Mnthly, To submit to the Council o Public In- Coundl of Public ,11, . 1 • . « loatruction.books struction all books or manuscripts which may be manuicripti. Ac. pj^^p^^ j„ jjjg ^^^^^ ^j^jj ^^^ y|g^ ^f obtaining the ho :ges. The collection and diffusion of ujeflil knowledge. & ml 11 39 same to be }rtioned by 1 they were de upon ail I, (and not lich involve I direct the J have been rovisions of balances of making up 7 to which erkc «s his Bee in case sre persons, icessary, to any school reside, and sation shill r service ^r rintendence best endea- the use of ans in his ^' Libraries ips, Cities, l-ecommend )Ui.-^8, with to collect I subject of 'ublic In- may be Lining the To apportion mo- neys granted for the establishment of school libra- ries. Proviso : Condition of sha- ring 'n such ap- portionment. To appoint per- sons to conduct teachers' insti- tutes, ard pie- pare rules and instructions for regulating their proceedings. recommendation or sanction of such Council, for their introduction 'as text-books or library books ; and to prepare and to lay before said lay before the Council of Public Instruction for its Council, geuerai consideration, such general regulations for the "«»^"on«, fcc. organization and government of Common iSchools, and the manage- ment of School Libraries as he shall deem necessary and proper. Tenthly. To apportion whatever sum or sum^ of money shall be provided by the Legislature for the establishment and support of School Libraries : Provided always, tnat no aid shall be given towards the establishment or support of any School Library unless an equal amount be contributed and expended from local sources for the same object. Eleventhly. To appoint proper persons to conduct County Teachers' Institutes, and to furnish such rules and instructions as he shall judge advisable in regard to the proceedings of such Institutes and the best means of promoting their objects, in elevating the profession of school teaching and increasing its usefulness. TwelJ My, To be responsible for all moneyc paid ^o account for through him in behalf of the Normal and Model moneys, &c. Schools, and to give such security for the same as shall be required by the Governor ; and to prepare and transmit all correspondence which shall be directed or authorized by the Council of Public In- struction for Upper Canada. TJiirteenthly, To make arnually to the Governor, on or before the first day of July, a report of the actual state of the Normal, Model and Common Schools throughout Upper Canada, showing the amount of moneys expended in connexion with each, and from what sources derived, with such statements and suggestions for improving the Common Schools and the Common School laws, and promoting education generally, as he shall deem useful and expedient. X. Constitution and Duties of the Council of Public Instruction. XXXVI. And be it enacted. That the Governor ^""uctiSn^"'?'*^ shall have authority to appoint not more than nine u. c. To report annu- ally to the Gov- ernor on certain matters. 40 persons (of whom the Chief Superintendent of Schools shall be one) To consut of 9 to b|8 a Council, of ^ublic Instruction for Upper perrons including Canada, who shall hold their office during pleasure^ and shall be subject from time to time to all law- ful orders and directions in the exercise of their duties, which shall, from time to time, be issued by the Governor. the Chief Super tendenti Mode of providing a place and de- fraying the ex- penses of the meetings of such <''juncil; of call- ing the first meet- ing and any spe- ial meeting. XXXVII. And be it enacted. That the Chief Superintendent of Schools shall provide a place for the meetings of the Council of Public Instruction, and shall call the first meeting of the Council, and shall have authority to call a special meeting at any time by giving due notice to the other members ; that the expenses attending the proceedings of the said Council shall be accounted for by the Chief Superintendent of Schools as part of the contingent expenses of the Education Office ; that the Senior Clerk in the Education Office shall be Recording Clerk to the said Council, shall enter all iis proceedings in a book kept for that purpose, shall, as may be directed, procure the books and stationery for the Normal and Model Schools, and shall keep all the accounts of the said Council. Senior clerk in the Education Office to he Re- cording Clerk to thoco'incil. His duties. Duties of the Council of Public Instruction. XXXVIII. And be it enacted. That it shall be the duty of the said Council of Public Instiruction, (three members of which, at any lawful meeting, shall form B. quorum for the transaction of business): To regulate its First. To appoint a Chairman, and establish the own proceedings, times of its meetings, and the mode of its proceed- ings, which Chairman shall be entitled to a second or casting vote in cases of an equality of votes on any question. To do all things Secondly, To adopt all needful measures for the necessary for the ^ ^ ui- i ^ j «• • «. i permanent estab- permanent establishment and efficiency of the ciSr'of'* 'the" Normal School for Upper Canada, containing one Normal School. or more Model Schools for the instruction and train- ing of Teachers of Common Schools in the science of education andart of teaching. To make rules for the management and government Thirdly. To make from time to time, the rules and regulntions necessary for the management ani tl ri cd bJ W| ai to I tic th( (■1 V 1,^ 41< ibU be one) for Upper \g pleasure^ 10 all law- se of their rovernoc. the Chief a place for [nstruction, ouncil, and Bting at any r members ; aid Council Schools as I Education ! Education Eiid Council) lept for that re the books hall keep all hall be the tioH) (three ting, shall iiness) : tablish the ,s proceed- eisting vote res for the y of the ining one and train- e science the rules }ment ani government of such Normal School ; to prescribe th(! terms and conditions on which studei^ shall be received add instructed therein ; to selec^t the loca- tion of such school, and erector procure and furnish the buildings therefor ; to determine the number and compensation of teachers, and all others who may be employed therein ; and to do all lawful things which such Council shall deem expedient to promote the objects and interests ^f such school. of tb« Normal School; to pre- scribe the teriv of admission. To erect or pro- cure aiad furnish Normal School buildings. To appoint teachers, Slc. To make regula- tions for the or- ganixation and gOTemment of common schools generally. Fourthly. To make such regulations from time to time as it shall deem expedient for the organiza- tion, gorernment and discipline of Common Schools; . the classification of Schools and Teachers, and for S^^hool Libraries throughout Upper Canada. Fijthlv. To examine, and, at its iJiscretion, re- To examine and VJ » .1,. 1 - recomrftend books commend or disapprove of text-books for the use of for schools, and schools, or books for School Libraries: Provided ^Ztf""^^ "*"*' always that no portion of the Legislative School Proviso: Grant shall be applied in aid of any school in which any book is used that has been disapproved of by the Council, and public notice I given of such disapproval. Sixthly, To transmit annually, through the Chief Si'^erintendent of Schools, to the Governor, to be laid before the Legislature, a true account of the receipt and expen- diture of nil tr.oneys granted for the establishment and support of the Nor^ ! ftohool. To acconntanna- ally. XL Miscellaneous Provisions. £1600 per annum, granted for the Normal School : I XXXIX. And be it enacted, That a sum not ex- ^ ceeding fifteen hundred pounds per annum shall be ij allowed out of the Legislative School Grant for the salaries of offi- I cers and other contingent expenses of the Normal School ; and t'lat I a sum not exceeding one thousand pounds per an- £iooo per annum ^ num h<* allowed out of the said grant to facilitate the al« jance of Teachers in training at the Nor- mal Sc ho 1, i:nder such regulations as shall, from time to time, be adopted by the Council of Public Instruction. to facilitate the attendance of teachers in train- ing. ^, What nooneyB to XL. And be it enacted, That the sum of money constitute the . ,, . « /^t . - ^ '• v ^ » conuuon school apportioDCQ annually by the Chief Superintendent of ^■°*^' Schools to each County, Township, City, Town, or Village, and at least an equal sum raised annually by local assesoment, shall constitute the Common School Jfund of such County, Town- conditions of its ship, City, Town, or Village, and shall be expended aR)ortionment. for no Other purpose than tnat of paying the salaries of qualified Teachers of Common Schools : Provided always, thaH no County, City, Town or Village shall l^e entitled to a share of the Legislative School Grant without raising by assessment, a sum at least equal (c)ear of all charges for collection) to tbfe share of the said School Grant apportioned to it : and provided also, that should the Municipal Corporation of any County, City, Town or Village, raise in any one ye c >ss sum than that apportioned to; it out of the Legislative Schooi tnt, the Chief Superintendent of Schools shall deduct a sum equai to the deficiency, from the apportionment to such County, City, Town or Village in the following year, XLL And be it enacted, That it may and shall be lawful for the Governor in Council, to authorize the expenditure annually, out of the share of the Legislative School Grant coming to Upper Canada, of a sum not exceeding three thousand pounds, for the establishment and support, of Schooi I ibraries, under such regulations as are pro- vided for by this Act; of a sum not exceeding twenty-five pounds in any County or Riding for the encouragement of a Teachers' In- stitute, under the regulations hereinbefore provided ; and of a sum not exceeding two hundred pounds in any one year to procure plans and publications for the improvement of School Architecture and practical Science in connexion with the Common Schools : Provided always, that the amount here- tofore apportioned in aid of Common Schools to the several Counties, Cities, Towns and Villages in Upper Canada, shall not be lessened by the appro- priation of such sums, but they shall be taken out of any additional amount awarded to Upper Canada, out of the said Grant, in consider- ation of the increase of its population in proportion to that of th( whole Province- The moneys ap- xLll. And be it enacted, That the sum of money vartionoU annual- . •, m o i i • I y in aid of com- iniiually apportioned in aid ot Common bchools m Certain sums to bt) expended for the ectabtishment of school libraries Ice., under c'^rtain regulations. Proviso: the a- ■lount heretofore 4})|)ortioi)edinaici (k common s^'hools not to be lessened. 43 I of money itendent of r, Town, or issesomenty ty, Town- e expended he Balaries I ways, thjal, ihare of the , a sum at lare of the that should or Village, to; it out of of Schools portionment f year. f and shall to authorize hare of the per Canada, itablishment as are pro- five pounds lachers' In^ d of a sum rocure plans lecture and Common icunt here- lools to the Villages in the appro- additional n consider- hat of thf- of money Schools ii> rhf? several Counties, Cities, Towns and Villages in mon schools to bt Upper Canada, shall be payable on or before the nrst day of July, day of July, in each year, to the Treasurer of each County, City, Tovn and Villag , in such way as the Governor in Council shall from tirtie to time direct. . ' ..■■;. 'I'll; XLIII. And be it enacted, That if any part of ^"'*'^"°" ^cVflTi the Common School Fiind shall be embezzled or lost fund against loss, through the dishonesty or faithlessness of any party to whom it shall have been entrusted, and proper security against such loss shall not have been taken, the person or persons whose duty it was to have exacted such security, shall be responsible for the sum or sums thus embezzled or lost, and the same may be recovered from them by Civil Suit in any Court of Law having jurisdiction to the amount claimed, by the party or parties enti- tled to receive such sum or sums, or at the suit of the '''rown. provito. Provided always, that if any Secretary-treasurer appointed by the School Trustees of any school division, or any person having been such Secretary^trqaeurer, and having in his possession any books, papers, chattels, or moneys, which shall have come into his possesaiony as such Secretary-treasurer, shall wrongfully withhold or refuse to deliver up, or to account for and pay over the same or any part thereojf to such person, and in such manner as he may have beeq lawfully directed by any majority of the School Trustees for su<;h Sphool division then in office, such withholding or refusal shall be a misdemeanor ; and upon the application of the fnajv>irity of sUch Trustees, su). ported by affidavit of such wrongful withholding or refusal made by them before some justice of the Peace to the Judge of the County Court, such Judge shall thereupon make an ord^r that such Secretary-treasurer or person havkig been such, do appear before ^uch Judge at a time and {lace to bsappointed in such order, which shall, by a Bailiff of any Division Court, be personally served on the party complained against, or left with a grown up person at his residence, and at the time and place so ap- pointed, the Judge being satisfiiecl that such service has been madie, shall in ^ sumhiary manner and whether the the party complained of do or do not appear, hear the complaint ; and if he shall be of opinion that the complaint is well founded, he shall order tike party complained of to deliver up, account for and pay over the books, papers, chattels, or moneyd, as Aforesaid, by a certain day, tu 44 be named by the Judge in Buch order, together with reasonable costs incurred in making such application, as the Judge may tax, and in the event of a noncompliance with the terms specified in the said order or any or either of them, then to order the said party to be forthwith arrested by the Sheriff of any County in which such party shall be found, and be by him committed to the Common Gaol of his County, there to remain without bail or mainprize until such Judge shall be satisfied that such party has delivered up, accounted for or paid over the books, papers, chattels, or moneys in question in the manner directed by the majority of the Trustees as aforesaid, upon proof of his having done which, such Judge shall make aQ order for his discharge, and he shall be discharged accordingly ; provided always, that no proceeding under this proviso shall be construed to impair or affect any other remedy which the siid Trustees may have against such Secretary-treasurer, or pen«n having been such, or his sureties. XLIV. And be it enacted, That it may and shall be lawful for the Chief Superihtendent of Schools, on the recommendation of the Teachers in theNormal School, to give to any Teacher of Common Schools a certificate of qualification which ^hall be valid in any part of Upper Canada> until revoked according to law ; Provided always, that nO such certifidate shall be given to any person who shall not have been a (Student in the Normal School. Salaries ^o^su-^ XLV. And b^ it enacted, That po part of the expenses ^ incur- salaries of: the Chief or Local Superintendents of MoVonhe^schooi Schools, uor of any other persons employed, or ex- law, how paid, peiises incurred, in the execution of this Act, shall be paid out of the Common School Fupd, which shall, wholly and without diminution, be expended in the payment of Teachers' sala- rief, as hereinbefore provided* MMOTs" duturb- XLVi. AncI f)e it enacted, that j^oy person who ^meetings. &c. shall wilfuUy disturb, interrupt, or disquiet the pro- ceedings of any 'school meeting authorize^ to be held by thisaot or any school established an^ conducted under it? authority, shall for eftch offence, forfeit for Cpnimon School purposps, to the School Section, City, Town or Village, within the limits of which such f Certificates of qualification for U. C. granted to teachers under certain circum- stancei. Proviso. ^ 45 msble costs tax, and in in the said party to be I such party on Gaol of until such >, accounted in question 18 aforesaid, Eill make aQ jcordingly ; io shall be h the Slid f or pen^n lay and shall ; of Schoold, n theNormal mon Schools mil be valid ed according h certifidate lall not have part c^' the itendents of joyedi or ez- Act, shall wholly end Lchers' 8ala> [person who ]iet the pro- this act or |y, shall for the School irhich such offence shall have been committed, a sum not exceeding five pounds, and may be prosecuted before any Justice of the Peace, by any per- son whatever, and convicted ci the oath of one credible witness other than the prosecutor, and if convicted, the said penalty shall, if not forthwith paid, be levied with costs by distress and sale of goods and chattels of the offender, under a warrant of such Justice, and paid over by him to the School Treasurer of such Section, City, Town or Village ; or the said offender shall be liable to be indicted and punished for the same as a misdemeanor. Temporary pro- visions for hold- ing the first elee^ tions in cities and towns. XLVII. And be it enacted. That the first election of Trustees in all the Cities and Towns of Upper Canada, as provic'ed for in the twenty-second sec- tion of this Act, shall commence at ten of the clock in the forenoon of the first Tuesday in September, one thousand eight hundred and fifty, and that the places of election in the several Wards of each City or Town, together with the name of the Re- turning Ofiicer for each such Ward, shall be duly notified, by causing notices to be put up in at least three public places in each such Ward, and not less than six days before such election, by the Mayor of each City and Town respectively : Provided always, that the School Trustees then elected in each City and Town, shall be subject to all the obligations which have been contracted by the present School Trustees of such City or Town ; and shall be invested with all the powers conferred by this Act on School Trus- tees of Cities and Towns for the fulfilment of such obligations, and for the performance of all other duties imposed by this Act. Interpretation clause. XL VIII. And be it enacted, That the Interpreta- tion Act shall apply to this Act ; that the word *^ Teacher," shall include Female as well as Male Teachers ; that the word " Townships" shall include Unions of Townships made for Municipal purposes ; and the word " County'' shall include unions of Counties for municipal purposes. b3 4e FORMS AND INSTRUCTIONS FOR E ;ecuting the provisions of the common school act, I3th and 14th Victoria, chapter 48. ^ By the Chief Superintendent ir Schools. Authorited and required by the third dauee of the Thirty-fifth section of said Act. cl F ot ' \> CHAPTER I. FORMS FOR TRUSTEES, AND FOR THE CALLING OF SCHOOL SECTION, MEETINGS, &c., /« conformity nUh the '^wnmon School Act, ISth and lith Vict., chap. 48, Section 4-14. SECTioif 1. Fornt, of Notice of a first School Section Meeting. SchoolNotice. The undersigned inform the Freeholders and Householders concerned, that the Municipal Council of this Township hasfornied a part of the Town- ship into a School Section, to be designated School Section, No. — , and to be limited and known as follows : — {Here insert the Description qf the Sution.j The undersigned having been authorized and required by the Municipal Council to appoint the time and place of holding the first meeting, for the election of Trustees for the School Section above described, hereby notifies the Freeholders Hud Householders of said School Section, that a Public Meeting will be held at on— day, the — of , at the hour of 10 o'clock, in the forrnoon, for the purpose of electing three fit and proper persons as School Trustees of the said Section, as required by the School Act, 13th and 14th Vict. chap. 48, sect. 4. Given under my hand, this day of , 18 — . [iViameJ Remarks. Should the person authorized and appointed by the Municipal Council to call the first School Section Meeting refuse or neglect to do so, he subjects himself to a |)enalty of one pound five shillings, recoverable tor the purposes of such School Section \ and, then, any two Householders are authorized, within twenty days, on giving six days' notice, to call a meeting for the election of Trustees. The form of their nouce— to be posted in, at least, tliree public places in the School Section concerned, and at least, six days before tlte time of holding such meeting— should be as follows :— School Notice. In conformity with the 9th section of the Commoa School Act, 13th and 14th Vict., chap. 48, the undersigned. Householders of School Section, No. — , in the Township of , hereby give notice to the Freeholders and Householdeis of said School Section, that a Public Meeting will be held tt on — day, the of. at the hour of 10 o'clock, in the torenoon, for the purpose of electing School Trustees for the said Section. Dated this day of 18-. A. B. | householders. 47 s CHOOL ACT, of taid Act. OL SECTION, i afionoN 2. Form of Notice, signed by the Chairman and Secretary of a School Seetitm Meetinir, to be transmitted by the Secretary to the Local Superintendent of Schooh intimaiing the election of one or more persons as Trustee or Trustees. Sir,— In conformity with the Common School Act. 13th and 14th Vict., chap. 43, sect. 5, we have the honor to inform you, that, at a meeting of the Freeholders and Householders of School Section, No.—, in the Township of , held according to law, on the day of , [Here insert th* name or names or address of the person or persons dectea] chosen School [Trusteeor Trustees] of said Section. We have the honor to be, Sir, Your obedient Servants, D. E., Chairmanf To the Local Superintendent of Schools F. A., For the County or Township oi Secretary. [8, Section 4-14. Meeting. iTB concerned, tof theTown- I, No. — , and :ription of the the Municipal !eting, for the lereby notifies that a Public he hour of 10 t and proper by the School [JVaweJ :ipal Council to lets himself to a ISchool Section ; 's, on giving six •f their notice— jncerned, and at IW8 : — kct, 13th and I Section, No. beholders and will be held fclock, in the said Section. iseholders. Section 3. Form of a Notice of an ordinary Annual School Section Meeting, pwr- I tuant to the VUh clause of the 12tA section of the School Act, 13tA and XUh Vict., chap. 48. I SchoolNotice. * The undersigned Trustees of School Section, No. — in the Township of , h'^reby give notice to the Freeholders and Householders of said School Section, that a Public Meeting will be held at , on the second Wednesday in January, 18 — , at the hour of Ten of the clock, in the fore- noon, for the purpose of electing a fit and proper person as a School True- tee for said Section. Dated this day of , 18 — . A. B.,"^ Trustees of , C. D., > School SectioHt i E. F.,> No.— Remarks. The above notice should be signed by a majority of the existing or surviving Trustees, and posted in, at least, three public places of the School Section, at least six days before the holding of the meeting. The manner of proceeding at the Annual Meet- ing is prescribed in the 6th section of the Act. Should tlie Trustees neglect to give the prescribed notice of the Annual Section Meet- ing, they forfeit, each, the sum of one pound five shillings, recoverable for the purposoe at the School Section, and then any two Householders of the School Section are author- ized within twenty days' notice, to call such meeting. Their form of notice should be as follows :— Section 4. Form of Notice of an Annual School Section Meeting to i§ given by two Householders. School Noticx:. The Trustees of School Section, No. — , in the Township of - ' '■ . having neglected to give notice of the Annual School Section Meeting, as prescribed by the 12tn clause of the 12th section of the Common School Act, the undersigned hereby give notice to the Freeholders and House- holders of the said School Section, that a Public Meeting will be held at , on , the day of , at 10 of the clock in the forenoon, for the purpose of electing a fit and proper person as Trustee, as directed by law. Dated this day of , 18—. A. B., > Householders, C. D., > School Section, No. — . Remark. The mode of proceeding, at a School Meeting thus called, is preecribed te ibe 6th section of the Act. ! I ! 1 48 J^KCTKiN 5. Fonn nf AVhre of a Sihool Mettinif, to I'll,!, i!i> a VACANrv created bythi death, jtrrmuTtunt nhiirnir, incnptiritii frifw. siclcnesn, refusal to serve, resi^fnalion, (fr., 'm the part of n Trimttc. SlHOOI, NoTICK. IVotice is lierrhy <,'iv»:'n to ilie Freeliuldera and HouHcholders of School Section, No. — , in the Township of , that a Public Meeting will be held at , on the day ot , at the hour of Ten of the clock. in the forenoon, for the purpose of electing a fit and proper person as School Trustee, in the place of , [deceased, removed, incapatialed frovk gickness, absent, resignation, ur who has reused to serve, as the case may ■\ heA Dated this day of A. B., / Surviving Trustees, or Trustee, , II! — C. P., J (aathe caserpay be.) Rkmarkh. a Trustee who refuncH to serve when elected, forfeits the Hum of one pound fiveshillinns, hut haviim arceptei' otiice, if he shall at any tiuie refuse or neglec; to perform the duties (jf that uilirt' he sImU forlch the sum of five {Mjunds, recoverable for the purposes of the School Section ; i)ut a Trustee cannot be re-elected without his owti consent. (See ftii scctiou of the ActO The mode of proceeding at a meeting called as above is the same as at an ordiuary Annual School Section Meeting, and is prescrilied In the 0th section of the Act. Skction 6. Form for Trustees calling Special Meetings, Special School Notice. Notice is hereby given to the Freeholders and Householders of School Section No. — , in the Township of , that a Public Meeting will be held at , on the — day of at the hour of — of the clock in — — • for the purpose [Here state the object or objects of the meeting.} Dated this — day of — A. B. , 18 —. C. D. > Trustees. E. F. Remarks- It belongs to the otfice of Trustees to estimate and determine the amount of the Teacher's salary and all expeuses connected with the school ; but it appertains to the nifijority of the Freeholders and Householders of each School Section, at a public meeting called for the purpose, to decide as to the manner in which such expenses shall be provideay be.) tho sum of onr ret'iise or negleci , recoverable for without his own a meeting called ind is i)rescribt'd tings. ers of School eeting will be [)ck in for Trustees. ne the amount of t it appertains to ion, at a public h ex|)ense8 shall nts or guardians Beholders of the le thus provided thorized by the in such manner (1 i)y them, the J°'h clause of xiustees are school-house, er. The object ices calling it; six days before section meeting Iker. in the Town- J clause of the (have chosen lification, to jntract with In currency,) id and oblige the powers Act, to col- ls agreement, I the sura for which we hereby become bound— the said sum to be paid to the said Teacher [quarterly^ ^c, as the case may be,] And the said Teacher hereby contracts and binds himself to teach and conduct the School, in flaid School Section, according to the regulations provided for by the said School Act. This agreement to contii\ue [here insert the period of agree' oient] from the date thereof. A. B. ) Dated this day of , 18—. C. D. [ Trustees. (Witness) E. F.) O. K. G. H., Teacher. Remarks. This agreement should he siracd by, at least, two of the Trustees, and the Teacher, and should be entered in the Trustees' booli, and a copy of it given to the Teacher. The Trustees being a Corporation, their agreement with their Teacher i« binding on their Successors in oflicc •, and should they refuse or wilfully neglect to exer- cise the corporate powers vested on them, they would be personally liable for the amount due a Teacher— see 10th clause of the I'ilh Section. As to the mode of settling disputCH between Trustees and a Teacher, see the 17th Section. And, on the other hand, the Teacher is equally bound to faithfulness In the performance of his duties according to law. See section 10 ; and clause 8, of section 31. Section 8. Form of Warrant for the Collection of School Feet. We, the undersigned. Trustees of School Section, No. — , in the Town- ship of in the County of , by virtue of the authority vested iu us by the 8th clause of the 12lh sect, of the Act, 13th and 14th Vict., chap. 48, hereby authorize and require you {here insert the name and residence of Vie mrson appointed to collect the Kate Bill,) after ten days from the date Eereof, to collect from the several individuals in the annexed Rate Bill, for the period therein mentioned, the sum of money opposite their respective names, and to pay, within thirty days from the date hereof, the amount so Collected, after retaining your own fees, to the Secretary-Treasurer, whose iiecharge shall be your acquittance for the sum so paid. And in default of Payment on demand by any person so rated, you are hereby authorized and jrequired to levy the amount by distress and sale of the goods and chattels of the person or persons making default. A. B. ^ . Given under our hands this — — C. D. > Trusteee, day of ,18— E. F.) To the Collector of the School Section No. , Township of F<9nii qf Rate Bill, at aiethorized by the second and eighth clauset of the lith settiom of the Act—^o be annexed to the foregoing Warrant. Rate Bill of persons liable for School Fees, in School Section, No. — , in the Township of , for the [Month or Quarter, ^c.,] commencing the day of , and ending the day of , 18 — , NAMES of Parents or Guardians. -I Amount of Rate Bill per [month or quarter,] &c., for Tuition. £. D. Amount of Rate Bill per [month or quarter,} for Fuel, Rent, &.C. £. a. D. Amount of C!ollec tor's Fees, at five per cent. £. 8. Total amount of Rate Bill for the [month or quarter. *c.] £. 8. D. ! Given under oar hands, this — > day cf- , 18. A. B., W ~ E F.. > Trustees. 50 flEnrioN 0. Form of llcrcijft to hr piccn hij the CoHrrtor, mi remiun/^ the mrovm iinrncd in tin: Rut:: Jiill. RkckiviiI) from l/irn: insert the prrsov'it name,] iIk- «um of [hrrr, irriU the svia in wordnt] [)fiiiar the ninount ol his \o,' her] llatf J'ill, f'i»r tii» [Month or tiuarter, iVc.,| tiiding on the day of lu — . I J)ated this ■ day of ID— . ExiTANATORY REMARKS oti the ImposUion and Colkd'um of Rati Hills, ifC.~ 1. The rolli.'ctur stiiiuli take a Krcript Iruiii tliu Hecrclury-ireasurcr, fur all iiujucys . paidliiiii. 'I'lic tJecn.l.iry-trca.airLT .-iliKiilil also takua Rrceijit Iruin tlic; 'IVachcr f'orall moneys paid liirii. Tlic t.ikiii^' and niviai,' rt'ceiplfc fur launoy jjaid and received will prevent errors and ndj-iinderstandingh. 2. TheTrusteeH can riiir^o the School fees by voluntary Miliscriptions, if llipyyilenee. They can alwj appoint tlie Hchool Teacher to act an Collector, if he chooses to accept ol the ap[M)i!itin-'nt, and to t;ive ilie rc(|iured security. The Trustees can also, if they judaic itexj)edi'^nt, i;u|>ose any Rate IJill which they may think necessary lor rentiiij.', and repairing; anc' fiirnishhi(» a School-houtse, or for the Teacher's salary, upon the inhabi- tants of their ."'chool Section, or they can apply to the Municipality of tlicir Township to hnpose and collect such rate for those piirixjses. 3. As tho School Accounts of each year must be kept separate by the Chit^fSuperliV' tendent of Schools, so iinist the Rate Bills. The Rate rills and the Warrants can I* made oat for a month, or (br one or more Quarters of a year, at the same time, as the Trustees may think expedient. 4. Those' parents and guardians who pay the Rate Bills to the Secretary-treasurer, or Collector, Kithin ten days fron, the date of such Rate Bill, and without being called upon lor it, win be exempt from paying the Collector's Foes. 5. The Collector, by virtue of the Warrant from the Trusujes, can enforce payment of tlie Rate Bill by distress and the sale of goods, from any person who resides, or ha goods and chattels within the limits of the School Section. Tor tlie mode of proccedini by the Trustees in case of persons rated, who may not at the time of collecting the Rate Bill reside or have goods and chattels within the limits of the School Section, sec eletttdk division of the 12th Section of the Act. 0. The Tr\i9tee9 should make the apportionment for Fuel in money, as one item In the Rate Bill, and then exercise their own discretion as to whether the item for fuel should be paid in money or wood— fixing the price per cord, to lje allowed for the wood, describing the kind of wood, and the manner in which it should be prepared for the School. In case any person should fail to pay the amount of his wood-bill, in the inaO' ner and at the time prescribed by the Trustees,, the payment should, of course, be enforced in the same manner as that of the School Teacher's wages, and the amount, tiJus collected, paid for tt»e purchase of wood. ye of A. B., Collector. _ of of I of for Section 10. Form of Trustees'' Order upon the Local Superintendent. To the Local Superintendent of Schools for the Township ot Oounty of . Pat to [here insert the Teacher* 8 name] or Order, out of the School Fund apportioned to School Section, No. — , in the Township of-^ , the siim of [here write the sum in words] A. B.,> Dated this — — day of , 18—. C. D., > Trustees. E. F., ) Remarks. No part of the School Fund is allowed to be paid for any other purpose than for the salary of the Teacher ; and the Local Superintendent is not authorized to give a cheque upon the County Treasurer or Sub-treasurer to pay the School Fund moiety of a Teacher's salary to any other than the Teacher interested, or to some person autborizd by the Teacher to receive it. M ng Uit tnrovni "sgcTWJH 11. Form of Detd for the SiU of the R»$idenee, ^c. Common School House, Ttaektr^t iA' {hfvc. wriU e Hill, for thf , ColUctOT. all: llilU, &,<■'- r, for all muucy!* . o'lVaclur for all ^ iiiU received will IS, it' they pleaat. jiTH to nccci)t ol Iso, if thoy judfte ' for rpntiIl^^ nnd upon tlie iiihabi- helr Towtifc!lui> to he Chief Superlrv Warrants can lie auie time, as the ;nry-iretisurer, or being called upon nfoTce payment of ho ret>ide», or ha ode of procccdini ollcctlng the Rate ptiou, Bcee^etentA as one item in the ni for fuel should ved for the wood, :)repared for the 5iU, in the maiv dd, of course, be and the oiuount, intendent. School Fund , the sUm Trustees. ny other purpoee uthorized to give rundmoietyofa eraoD autborizcd Wxin KntJCntUrr, made the day of in the in pursuance year of our Lord one thousand eig;ht hundred and of the Act to facilitate the conveyance of Real Property, between — , of the Township {Village, Town or City} of , in the County of _■■ and Province of Canada, of the first part, and the Trustees of School Section Numbei' , in the Township of , in the County of , and Province aforesaid, of the second part, W^ittit&Utifif that in consideration of , of lawful money of Canada, now paid by the Trustees of the School Section aforesaid to the said party of the first part, who hereby grants utito the Trustees of tl>o School Section aforesaid, their Successors and Assigns dot ever, all that Parcel of Laud, «^c. In Trust for the use of a Common School, in and for School Section Number , in the Township of ■, and in the County and Province aforesaid. , ■; ' / The said CobeitatttS with the Trustees of the School Section aforesaid, that he hath the right to convey thn said Lande to the Trustees of the School Section aforesaid. And that the Trustees if the School Section aforesaid shall have quiet possession of the said •»nds : Feee FROM Incumbrances. And the said —n— —— Covenants «yith the Trustees of the School Section aforesaid, that he will execute such further assurances of the said Lands as may be requisite. lEtt tnttttrietK tn!l0tPOf) the said parties hereto have hereuntc itet their hands and seals in the day and year before mentioned. (eeal.) • • {seat.) "% (seal.) } TnuttM. S»1gned, Sealed and Delivered in presence of J.D. F. H. S. M. I. B. (86.01.) Inessea. Rbmarks. 1. If the Grantor l)e a married man, his wife's name must be inserted in .rheDeed, and this phrase added after the word "requisite-." And -, ' wife of tlie said , lierel)y l)arB her dower in the said Lands. ' "2. Wlien, however, the land has descended to the wife in her own right, she must, ^Iwsides joininii with her husband in the Conveyance, api)ear liefore two Justices of tlie Bl'eace, to declare that she has parted with her estate in the land intended to he conveyed ■^without any coercion or iiear thereof by or on the part of her huslrmd ; and the Certilicate? • if such Justices must appear on the hack of the (■onveyaiico the (lay of its execution. "JHMbrinof the i'ortiticate Im as follows : — "We the nndersigned Justices of the Peace If , do h'jrchy certify tliiit on ihi-: day uf , l~— , at , tJic 4 '. i;liin Di't'd was (lulyVxeLnileil in tlie prosenco of , by ^ 'ivili; of ■ , one of the (Jraiitorf therein liauied ; and that tlie^ai^i ' It the said tiuie and iilace. heinz examined by ii!=, apart from her hu.;baiu!. ilid appear to jive her conspiu to depa'* with her estate in the land?; incniioiied in the t-ai 1 j)ccrl, frecl) Kul voluntarily, and without coercion or fear of coercion on tlio part of In r husband, or I ;myo'.lier per-ion or iier>un.-i wliatsoevf.r." 'R. \V , J. }'. • A. .M-— , J. i\'' w f nPN ■J" 52 a. If tiK Peed he teihe aiteof«'SobooMioiM*riaCitjr,ToMmor InecKpor^ the words, Board of Behool Trustees toi suet City, Town or Village should be inserted instead of the words " Trustees of Scnool Section Number ", ftc, iotbe foregoing fomau ;aeetb»aMi^and96tbBectioB»oftbeAct. .1 ' . n ^ v: -r-r-f I .Ar! ! ,. NtU. A copy of a blank 0-.dn of the'Abnual Scbool Report (o be filed op ap AftywMr dad to tlie Loeujuperintendent'biefore tbe l^th of January in oaeh v^ar, w^ tofumialv^ to each set of Trustees/'Tor tbe items of Ififornnatlon to be ihcluvled'b) thl Repoi< sefe tl^ 19th clause of tbe 12th S«>ction of tbe Oommun <)h:hool Act, 13tb s&n i^Mt viet,, ehep. 48. According to tbe e*trt<£iitA uttion of, tbe Aci, any Trustee 4riUuUr rigBfaigiti ^Ise report, will reiider himself liable to a severe penalty ; and albu, iciedrdbi^tp uiemfMMi dmu of Hat tttt^k uction, LatbeevieatorhisreftisiQgor wilfully negleetiiag, u anj tiae, y» perftnm bis duty. N. B. Remarks on the Duti^ ^ TnuUu will be fo*md in tbe QepffralJRtgi^aUgMt ehapba- VI, section d. Tbe list of Scbool Books, Maps, &c., authorised by the Codbtil of Public Instructton tat Upper Canada, with their prices annexed, wUl be fbunu on paBfr es. It is to be observed, that, according to the ^Uenth ciauu of tbe twelfth uOum. it h thedatyor esch Oorporatiovi of Trustees to procure atttnuUfy, •< for tbe benefit O^^tlmr School Section, Mome perwdical devoted to Education." The price of such a. pcilcdlftU is, of course, to be cbarfred by tbe Trustees to tbe contingent expenses of their School Section, and Included iu the School S^te. jsat^MBtuosm — ■!h. SI- CHAPTER IL 'D PORMS FOR TEACHERS OF COMMON FCHOO^-S; BsoTioifl. Fom ^ a TsadUrie Seeti^t* 1. Formef a.Rempt t<» Parents or GuanjUtna Qn the p(|y,niei|t of ttteir Rate Bill. Received from [hew lorite the name of the Pupil or person paying] th« sum of [herewriiethemm inioords] currency, in payment of the E8t*.e Bill due firom [here toritethe name of the person in tonoso behalf payment is made] to School Section No. — , in the Township of -, for the [month or quarter] endii?2 the day of——, 18 . IHitedthis day of , 1£ . A. B., Teacher. BsMAaKs. When the payment of the Rate Bill is made hy the Parent or Guardian concerned, tbe receipt should state it accordingly. The payment of the Rate Bill to the Teacher, within the time which may be prescribed by the Trustees, win «ycinpi the person thus paying it from the payme.u of the Collector's fees. The Teivuer should, of course, apprise the Collector of all payments made to bim, so tbat the Collecto: may not be at the trouble of calling upon such persons ; and should the Teacher not inform the Collector of suc-i payments within the time prescribed by tjbe Trustees, he should be liable to pay the Collector the usual Fees for the unnecessary troub'e imposed upon him by such Teacher's neglect. ^ Votm of a Receipi to Trustees. Received from the Trustees of School Section No. — , in the Township of — — » the sum of [here write the sum in words] currency, in payment of my salary in part [or in full] for the [month or quarter,] endiue the day of , 18 — A. B., Teacher. SB j^ofd;/^«y^f> 3Kiventof tlieir J tiicnoN 1 Form iff TiadUr's drtmlar Notiet ttf tkt QuarUr/y E g mtim titm tf hit School. ■' .' School Section No. Sir,— In conformity with the 3rd clause of the 16th Section of the Com- mon School Act, 13tb and 14th Vict., Chapter 48., .he Quarterly Exami- nation of the School Section No. — ,• will be held on — — day, the of , when the pupils of this School will be publicly examined in the several subiects which they have been taught during the quarter now closing. The Exercises will commence at 9 o'clock, A. M., and you are respectfully requested to attend them. lam, Sir To C D. , School Trustee, or Visitor. your obedient Servant, A. R, Teacher. Remakks. a copy of the above Notice ought to be sent to eaci of the Trustees, and to as many Visitors of the School Section as possible. Clergyinen are School Visitors ol' any Township iu which they have pastoral charge ; all Jud^s, Members of the Legis- lature, Members of the County Council and JusUccs of the Peace, are School Visitors of the Township in which thfy reside. The Teacher should address a circultir notice to thv,8e of them who reside within two or three miles of his School ; he is, also, required to give notice, through his pupils, to their Parents and Guardians and to the neighbour- hood, of the Examination. Fur Holidays and Vacations, see Ctentral Reguiatiotu, Chapter VI, Section 1. For Bemaiks on the Duties qf T^eackert, see the same Ct,■:.•'••/':.■:;.'; 1,; ' ivvm . .k': ■■■< A. B., Township Clerk. tLvkinu. In notifying the formation of several School Sections, or the formation or pmfa qf Sectiont, the phraseology of the notices should be varied, at the discretion of the Townabip Clerk, and in accordance with the proceedings and directions of the Coaneil. The Notices of School JsaeBtmenU, and Assessments for the erection andfurniaking cf Schoul-houtes, for the^rchaxing of School Sites, tfC, may be given in si^ch a man* ner as the Council shall direct. ' ' ■ . For Form qf Deed for a School Site, Asc, see Chapter I, Section 12. Section 3. Form of intimating „o Trustees the alteration of their School Section. Township Clerk's Orrici, -^'' •■•'■■■■ ■■''"' •■'■ ■ ' ■■ ' 18—. Sib,— In conformity with the 4th clause of the 13th section of the Com- mon School Act, 13th and 14th Vict. chap. 48, 1 have to acquainv you that the Municipal Council of this Township has altered the School Section of which vou are Trustee, in the following manner : [Here insert the changes which have been made, and int description of the new School Section.] These changes will so into effect from and alter the twenty-tifth day of next December, according to the 4th clause of the 18th Section of the Act. You will please communicate this notice to the other Trustees ot your School Section. I am, Sir, Your obedient Servant, A. B., Township Clerk. ToD. E., Trustee of School Section No.—, Township of Rbmark. In giving notice of the formation of Union School Sections, see the remarks tt tt^e end of the following «>cctJon 3. SacnoR 3. Form of intimaimg to the Local Superintendent of Schools the alteratiom cfa School Section, TowHSHip Clerk's Office, 18—. Sir,— In conformity with the 4th clause of 'he 18th Section of the Com- mon School Aci, 13th and 14th Vict. Chap. 48, I have to acquaint you that the Municipal Council of this Township has altered School Section, No. — , in the following manner : [Here insert the changes which have been made, and the description of the neio School Section.] These changes go into effect from and after the twenty-fifth day of next December, according to the 4th clause of the 18th Section of the Act. I am, Sir, Your obedient Servant, A. B., Township Clerk. The Local Superintendent of Schoob tor the County or Township of . N. B. When the Union School Section is formed or altered, as authorized by the 5t!i Proviso of the Mh clause of the 18th Section, the Clerk of the Township in which the School-house ot' such Union Section is situated, should communicate the requisite notices to the partici concerned. See 6th proviso of the 4th clause of the 16th Section, compared wltb tbB 4tb Section of the Act. ioi w< chool Section. see the remarks [« the alteratiffm I 55 CHAPTER IV. FORMS AND INSTRUCTIONS FOR COUNCILS AND TRUP- TEES IN CITIES, TOWNS, AND INCORPORATED VILLAGES. 1. The forty-seventh and twenty-Jlfth sections of the Act require the Mayors of Cities and Towns and the Towu Reeves of Incorporated Viliages to call the first School Meetings in their respective Municipalities for the election of Trustees. The sections of the Act referred to aie so explicit as to the manner in which such notices should be given, that it would be superfluous to insert any form for them in this place. 2. According to the twenty-sixth section and the ninth clause of the twenty-fourth section, the annual and special meetings for the election of Trustees, and for any other school purpose, are to be called by the Board of School Trustees of each City, Town, or Incorporated Village. The notices in every such case should be signed^ in behalf of the Board of Trustees, by the Chairman or Secretary,-— should be given to the taxable inhabitants of the city, town, ward, or village concerned, and should specify the object of the meeting called. With these remarks, the forms for calling annual and special school meetings in townships by School Trustees, given in the ^r^^ cAajs^er of these Forms and In- structions, will afford a sufficient directory to Trustees in Cities, Towns and incorporated Villages for calling similar meetings. The same refer- ence may be made in respect to the forms of School Rate bills and agreements with Teachers, as far as it may be thoujrht expedient to adopt them. 3. School Trustees of Cities, Towns and Incorporated illagf&^, will also adopt such forms as they may think proper, in laying, from tim - to time, before their respective Councils estimates of the sums required bv them for Common School purposes ; likewise in preparing for publication th^ annual reports of their proceedings, as required by the eleventh clause of the twenty-fourth section. To facilitate the performance of the duty required by the latter part of the same clause, a blank annual report will be prepared and transmitted to the Board of Trustees in each City, Town and inoorporated Village. This remark does not, of course, apply to incorporated Villages the current year (1850,) until the end of which their present School iSection divisions and Trustees remain unchanged, and will report as heretofore by filling up the blank reports provided for them. 4. The School Registers and Visitors' books kept in each Common School of any City, Town, or incorporated Village, are the same as there required to be kept in each Common School of a township ; res- pecting which, see remarks in chapter I of these l^orrns and lustractioni. wninwmiwiniii 59 M^ ! CHAPTER V. FORMS AND INSTRUCTIONS FOR COUNTY COUNCILS, COUNTY BOARDS OF PUBLIC INSTRUCTION, AND LOCAL SUPERINTENDENTS OF SCHOOLS. 1. The Duties of County Councils, or the Councils of Unions of Counties, (see 48th section) are so clearly stated in the several clauses of the twenty-seventh Section of the Act, that it is needless to make any explanatory romarks in reference to them ; nor is it necessary to furnish any forms for bonds of security required of County Treasurers or Sub- Treasurers of School moneys, or forms of notices required of each County Clerk to each Local Superintendent of his appointment and of the amount of money apportioned to th«>> Township or Townships of his charge, and to the Chief Superintendent of the name and post-office address of the County Treasurer and of each Local Superintendent of Schools in the County, and ^Iso transmitting to the Chief Superintendent a copy of all the proceedings of the County Council on School matters, and an ab- stract of the auditors' annual report to the Council. The Treasurer of each County, City or Town (see section 42) should either apply personally, or appoint some person at the Seat of Goyern- ment, to apply and receive the Legislative School Grant apportioned to such County, City or Town. The proper form of a Power of Attorney for that purpose must be familiar to every officer concerned ; also that each such Power of Attorney must be witnessed, siguod, and forwarded ia dt:. Silicate. 2. On the fidelity and ability with which County Boards of Public Instruction fulfil the functions assigned to them in the 29th section of the Act, depend the character and efficiency of the Schools apy of all d an ab- i) should Govern- lioned to ;orney for :hat each arded in tf Public ection of Fected by leen said itTeach- ie School remains s) to say ^'inent of irtificates ndividual ising and r the Act lualifica- ctions of 3arl851, tionsi as Mtborized by the Aeen^-iiMitfc Seotion of- the Act, will be prevlded, Mcordioff, to which the fqtuxo e^cami^vtioi^ ai^d cli^^Cf|tiQ|^,of Teaphtri will be conducted aod determined* 3. No Lecal SuperinMiderU will need a form for notitying, the Tmi* teea of each School Section within his jurisdiction Qf the amount of the School Fund apportioned to such Section for any one year ; or of a/om. of cheque upon the County Treasurer or Sub-Treasurer for school moneys in behalf of legally qualified Teachers. No explanation can make the important duties of each Local Superintendent plainer than the several clauses of the thirty-first Section of the Act ; and the form of conducting the correspondence which the duties of his oflke requires, is left to his own judgment The Chief Superintendent of Schools will furnish each Local Superintendent with a bUnnk annual report for hipufilf: and for the Trustees of each School Section within bis charge. MUCELI.ANEODa REXARKS. 1. JppeaU to tki Ch^f Superintendent qf Sehoole, ^-c— All parties concorned, in the operation of the Common School Act have the right of appeal to the Chief Super- intendent of Schools ; and he is authorised to deciite on such questions as toe not otherwise provided for bv law. But for the ends of Justice— to prevent delay, and to save expense, it will be necessary for any imrty thus appealing to the Chief Superintendent : 1. To Aimish the party against whom tbey may appeal, with a cQri^etlii copy of their communication to the Chief Superintendent, in order tliat the opposite party may have an opportunity of transmitting, also, any explanaUon or answer that such party may Judge expedient. 2. To state expressly, in the appeal to the . Chief Superintendent, that the opposite party has thus been r ' led of it. It must not be sup- posed that the Chief Superintendent will decide, or form tin opinion, on any point affect^ ing different parties, without hearing boUi sides— whatever delay may at any time be occasioned in order to secure such a hearing. 2. The foregoing directions do not, of oour:«, refer to commuoications askiog t^ advice on doubtful points, or prudential measures of a local or general character. 3. Comtnunieationa generally.— The parties concerned are left to their own discretion as to the forms of all communications, relating to Oommon Schools, for which spwifis Forms are not furnished in the foregoing pages. 4. Ail communications with the uovemment, relating to Schools conducteu unde^ the authority of the Common School Act, IStband 14th Victoria, Chapter 48, should be ijOfM^ through the Education Office, Toronto. 5. Communications with the Government, not so made, are referred back to tlie Education Office, to be brou^t before His Excellency through the proper DepartmeMF— which occasions unnecessary delay and expense. CHAPTER VL GENERAL REGULATIONS FOR THE ORGANIZATION, GOVERNMENT ANJP DISCIPLINE OF COMMON SCHOOLS IN UPPER CANADA ; Adopted after nature coiuideraUfm, hj the Comal of PiMie Inttruti^om, m authoriud »y tk« Ad, mh and Wh Victoria, ChapUr 4@, Section 39. Section 1. Hours of Daily Teachinf, Holidayu and Vacations. 1. The hours of teaching each day shall not exceed six, exclusive of all the time allowed at noon for recreation. Nevertheless, a less number of hours for daily teaching may be determined upon in any school, at the option of the Trustees. r3 ~ TijP!'!^^^^^^'" T^rryW-^W'v SB 1 3. Etery iltMEoate Saturday shtU be a hdiday ia each school, '..nsnomna 3;' 'There shall be three vacations dut'Fhg each year ; the first, eight days, at Easter; the second, the first two weeks in Aogust ; the third, eight days, at Christmas. >^ . 4. All Bgreemenis between Trustees and Teachers shallbe stibject to the ibregoiDg regulations ; ^nd no Teacher shall be deprived of any part ofhis salary on account of obsierving. allowed Holidays and Vacations. ..^1 . Section 2. DutitM of Truttttt. 1. The full and explicit manner in which the duties of Trustees are enu> merated and stated in the several clauses of the twelfth section of the Act^ renders it unnecessary to do more, in this place, than make some expository remarks on the nature of the general duties of Trustees, and the relations subsisting between them and the Teachers whom they employ. The law invents Trustees with most important functions ; they are a corporation, and as such, the owneiship andcontrolof the School site, SchooUhouse, and all the property attached thereto, is vested in them ; they are to provide aod furnish the School-bouse and premises, and apparatus and text-books for the School ; and they alone have authority to employ the Teacher. Their duties are, therefore, of the greatest importance, and they should be well understood. 2. While the Trustees employ the Teacher— agree with him as to the period during which he shall teach, and the amount of his remuneration — the mode of teaching is at the option of the Teacher t and the Local Superintendent and Visitors alone have aright to advise him on the subject. The Teacher is not, a mere machine, and no Trustee or parent should attempt to reduce him to that position. His character and his interest alike prompt him to make his instructions as efficient and popular as possible ; and if he does not give satisfaction, he can be dismissed according to the terms of his agreement wi'.h his employers. To interfere with him, and deprive him of his discretioi^ as a Teacher, and then to dismiss him for inefficiency, which is the natural and usual result, is to inflict upon him a itouble wrong, and frequently injures the pupils themselves, and all parties concerned. It should then be distinctly understood, as essential to the Teacher^s character, position and success, that he judge for himself as to the mode of teaching in his school, including, of course, the classification of pupils, as well as the manner of instructing them. It is, nevertheless, the duty of the Trustees to see that the school is conducted according to the regulations authorized by law. 3. It is therefore important that Trustees should select a competent Teacher. The best Teacher is always the cheapest. He teaches most, 50 and 'incnloates the bett hibits of learninc^ and mental dcveloj^menty in • given time ; and time and proper habila are worth more th^n moneyy both to pupils and their parents. ■ Traateee who pay a Teacher fairly and punctually, and treat him properly, will seldom want ti good Teacher. To . ; '^^ .< . ^ 4. Trustees will always find it the best economy to hav^ a commo- dious School-house, kept comfortable, and properly furnished* It is as difficult for pupils to learn, as it is for the master to teach, in an unfur- nished and comfortless school-bouse. -^ '. i . -■.■ !;■ .; Im.; --^ .li,. J> i i 5. lu the selection of Books to be used in the school, from the gener- al list authorized according to law, the Trustees should see that but one series of Reading books, one Arithmetic, or one for the beginners and another for the more advanced pupils, one Geogiaphy, &c. should be used in any one school, in order that the scholars may be classified in the several branches which they are studying. Heterogeneotis school books (however good each book may be in itself) render classification impossi- ble, increase tho labour and waste the time of the Teacher, and rietard thie progress of the pupils. But the Teacher and pupils labour at the great- est disadvantage, when they are compelled to Use books wbioh are as various as the scholars' ivames. . . , u-.,. TT Sections. — Dutieg of Teachers. >s i:-. The sixteenth section of the School Act prescribes, in explicit and comprehensive terms, the duties of Teachers- ; and no Teacher can le- gally claim his salary who disregards the requirements of the law. Among other things, the Act requires each Teacher to " maintain proper order and discipline iu his school, according to the forms and regulations which shall be provided according to law." The law makes it the duty of the Cliiff Superintendent of Schools to provide the forms ; and the Council of Pxiblic Instruction prescribe the following regulaiions for the guidance of Teachers in the conduct and discipUne of their schools. '" It shall be the duty of each Teacher of a Common School ;.— ...it;; 1. To receive courteously the Visitors ,»: it.': li!' ;;, tb« fUito •{ tb* Mbool ; to hw th« Vititon* btfok open, tb*! the Viai- toM majr* if tbty- cbooaoi «ii(er romailui in it. Tho frequency of viiito to Ui« eohool by intelligent peraoM, nnimntee tho pupili, aad § reatly Mdf tbo faitbful Teaober. - 9. To keep tbo Regtiteri aecvrately tad neatly, according to tbe pre* •oribod fonni ; wbich ia the mere important under the prea-jnt School Act, ao tho 81st eeotion of it anlhoriaes the distribntion of the 'oeal school ftind aoeording to tbo average attendance of papife attending each sehoel. 3. To classify the children according to the bookn used ; to stndy tboao books himself; and to teach according to the improved method zooonoMnded in their prefaces. . , 4. To observe himself, and to impress upon the minds of the pupils, the great rule of regularity and order,—* ▲ timk and a plack for KyaRTTHiMo, AND KVERTTHING IN ITS PROPER TIMS AND PLACE. 6. To promote, both by precept and example, cleanliness, neat- WBSS, and dbcenct. To efiect this, tho Teacher should set an ezaample of cleanliness and neatness in his own person, and in the state and gen> oral appearance of the school. He should also satisfy himself, by personal inspection every morning, that the children have had their hands and faces washed, their hair combed, and clothes cleaned and, when neces- sary, mended. Tbe school apartments, too, should be swept and dusted every evening. 6. To pay the strictest attention to tho morals and general conduct of bia pupils, and to omit no opportunity of inculcating the principles of Troth and Honesty ; the duties of respect to superiors, and obedienc* to all persons placed in authority over them. 7. To evince a regard for the improvement and general welfare of bis pupils, to treat them with kindness combined with firmness ; and to aim at governing them by their affections and reason, rather than by harsh- ness and severity. 8. To cultivate kindly and affectionate feelings among his pupiils ; to diacoantenanoe quarrelling, cruelty to animals, and every appsoach to vice. Section i.—J)taie$ of Visiton. 1. The thirty-second section of the Act provides that all Clergymen recognized by law of what(^ver denomination. Judges, Members of the Legislature, Magistrates, Members of County Councils, and Aldermen, shall be School Visitors ; and tbo thirty-third section of the Act pre- scribes their lawful duties. 2. Tbe parties thus authorized to act as Visitors, have it in their power to exert an immense influence in elevating the character and I pre promoting the efficiency of the schools, by identifyingf themselves with them, by ^visiting them, encouraging the pupils, aiding and counselling Teachers, and impressing upon parents their interests and duties in the education of their offspring. In visiting schools, however, Visitors should, in no instance, speak disparagingly of the instructions or man- agemeot of the Teacher in the presence of the pupils ; but if they think it necessary to give any advice to the Teacher, they should do it pri- vately. They are also desired to communicate to the local or Chief Superintendent any thing which they shall think important to the inter- ests of anjj school visited by them. The law recommends Visitors, •• especially to attend the Quarterly Examinations of the Schoole." It is hoped that all Visitors will feel it both a duty and a privilege to aid, on such occasions, by their presence and influence. While it is competent to a Visitor to engage in any exercises which shall not be objected to by the authorities of the school, it is expected that no Visitor will introduce, on any such occasion, any thing calculated to wound or give offence to the feelings of any class of his fellow Christians. 3. The local Superintendents are School Visitors, by virtue of thei^ office, and their comprehensive duties, as such, are stated with sufficient minuteness in the 3rd clause of the 3l8t section of the School Act. While each local Superintendent makes the careful inquiries and examinations required by law, and gives privately to the Teacher and Trustees such advice as he may deem expedient, and such counsel and encouragement to the Pupils, as circumstances may suggest, he will exhibit a courteous and conciliatory conduct towards all persons with whom he is to communicate, and pursue such a line of conduct as will tend to uphold the just influence and authority, both of Trustees and Teachers. 4. Too strong a recommendation cannot be given to the establishment of Circulating Libraries in the various Townships, and School Sections. A Township Association, with an auxiliary in each School Section, might, by means of a comparatively small sum, supply popular and useful readi"^ for the young people of a whole Township. It is submitted to the serious attention of all School Visitors, as well as Trustees, and other friends of the diflTusion of useful knowledge. 1^ Section 5. Constitution and Government of Schools in respect to Religious and Moral Instruction, As Christianity is the basis of our whole system of Elementary Edu- cation, that principle should pervade it throughout. Where it cannot be carried out in mixed Schools to the satisfaction of both Roman Catholics and Protestants, the law provides for the establishment of separate Schoolsl And the Common School Act, fourteenth section, securing individua. rights as well as recognizing Christianity, provides, •' That in any Model or Common School established under this Act, no child shall be required >,i%i ■ i fe IP"!'' I ^ If 1 H'!' 62 to read or study in or from any religious book, or to join in any exercise of devotion or reliL'ion, which ehall be objected to by his or her parents or guardians : Provided always, that within this limitation, pupils shall be allowed to receive such religiousinstruction astheir parentsor guardians shall desire, according to the general regulations wnich shall be provided according to law." In the section of the Act thus quoted, the principle of religiousinstruction in the schools is recojjnized, the restriction witliin which it is to be given is stated, and the exclusive right of each patctii inui ^uardian on the subject is secured, without any interpusitiun frum Trustees, Superintendents, or the Government itself. The Common School being a dai/, aad not a hoardinfr sApol, rules arising from domestic relations and duties are not required: and as the pupils are under the care of their parents and gnitrdians on Sabbaths, no regulations are called fur in respect to their attendance at {)ublic worship. In regard to the nature and extent of the daily religious exercises of the School, and the special religious instruction given to pupils, the Council OF Public Instruction for Upper Canada makes the following Regu- lations and Recommendations : — 1. The public religious exercises of each sciiool shall be a matter of mutual voluntary arrangement between the Trustees and Teacher; and it shall bs a matter of mutual voluntary arrangement between the Teacher and the parent or guardian of each pupil, as to whether he shall hear such pupil recite from the, Scriptures, or Catechism, or other summary of reli- gious doctrine and duty of the persuasion of such parent or guardian. Such recitations, however, are not to interfere with the regular exercises of the school. 2. But the principles of religion and morality should be inculcated upor all the pupils of the school. Wnatthe Commissioners of National Education in Ireland state as existing in schools under their charge, should charac- terize the instruction given in each school in Upper Canada. The Com- missioners state that "in the National Schools the importance of religion is constantly impressed upon the minds of children, through the works calculated to promote good principles and fill the heart with love for reli- gion, but which are so compiled as not to clash with the doctrines of any E articular class of Christians." In each school the Teacher should exert is best endeavours, both by example and preccp!, to impress upon the minds of all children and youth committed to his care and instruction, the principles of piety, justice, and a sacred regard to truth, love to their country, humanity and universal benevolence, sobriety, industry, frugality, chastity, moderation and temperance, and those other virtues which are the ornpment of society and on which a free constitution of government is foup'' ^ ; and it is the duty of each Teacher to endeavour to lead his pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above mentioned virtues, in order to nreserve and nerfect the blessings of law and liberty, as well as to promote their future happi- ness, and also to point out ir* them the evil tendency of the opposite vices. By Order of the Council of Public Instruction for Upper Canada. Education Office, Toronto. Adopted the 5th day of August, 1850. J. Geokoe Hodgins, Recording Clerk. C.P.I. 68 LIST ON SCHOOL BOOKS. Published under the direction of the Commissioners of National Educa* tion in Ireland"— prepared by practical and experienced Masters— and recommended by the Council of Public Instruction for Upper Canada, to be used iu Canadian Schools ; together with the maximum retail prices at which those Books will be sold, by parties re-printing or importing them. (Thtt Council oi Public Instruction has also recommended Lennie's Evfflish Qr< inmar, and sanctioned the use of Kirhham*$ English Grammar and Morse's Geography. J CURRENCT. First Book of Lessons, lis 2d Second ditto 8 Sequel to Second Book, 1 Third Book of Lessons, 1 4 Fourth ditto 1 8 Fifth ditto (Boys') ,2 Reading Book for Girls' School, 2 Introduction to the Art of Reading, 1 4 Spelling Book Superseded, 1 U English Grammar, 8 Keyto ditto, 4 Epitome of Geographical Knowledge, 3 4 Compendium of ditto, 1 Geography Generalized, by Professor Sullivan, 3 Introduction to Geography and History, by ditto, I First Arithmetic, 8 .,Keyto ditto 8 Arithmetic, in Theory and practice, 2 8 Book-Keeping, 1 Keyto ditto 1 Elements of Geometry, 8 Mensuration, 1 4 Appendix to ditto, ^.. 1 Scripture Lessons, (O. T.) No. 1, 1 Ditto (O. T)No. 2, 1 Ditto {N. T.)No. 1, 1 Ditto (N. T.)No. 2, 1 Sacred Poetry 8 Lessons on the Truth of Christianity, 8 Set Tablet Lessens, Arithmetic, 2 4 Ditto Spelling and Reading, 1 4 Ditto Copy Lines, 2 Map of the World, 24 '♦ Ancient World 18 •• Europe, 18 ♦* Asia, 18 *• Africa 18 *• America, 18 " England, 18 " Scotland, 18 »* Ireland, 18 " Palestine, 18 m 64 :»> 'i ,")< '"W'jr* CIRCULARS If FROM THE CHIEF SUPERINTENDENT OF SCHOOLS TO THE VARIOUS MUNICIPAL AND OTHER OFFICERS CONCERNED IN THE ADMINISTRATION OP THE NEW COMMON SCHOOL ACT FOR UPPER CANADA. [CiRCVLAR.] [official.] To the Wardens of Counties and Unions of Counties in Upper Canada^ on the Duties of County Municipal Councils under the ntto Common Sthool Actj \^lh and 14M Vict, Chapter 48. Edocation Office, Toronto, July 31«t, 1830. Sir, I have the honour to transmit to you herewith, a copy of the new Common School Act for Upper Canada, which, having passed the Legislative Council and Assembly, received the Royal sanction and came into force on the 24th instant ; and I desire to direct the attention of the Council over which you have been chosen to pre- side, to the duties which will devolv^ upon it under the provisions of this Act. Though the Act is new, the provisions of it are mere renewals of the provisions of the general School Act of 1846 and the City and Town School Act of 1847 — combined into one Act, with a new and more simple arrangement, and such additional provisions as experience has suggested, and the progress of the schools and the new system of Municipal Councils seem to require. The du- ties of the County Councils under the new School Act are substan- tially the same as were those of the District Councils under the School Act of 1846, with this exception, that the County Council is relieved from the task of forming and altering school-sections, and of considering applications and levying assessments for the erection and repairs of school-houses. Under our present system of Municipal Councils, a two-fold provision has been made to enable the people, through their local representatives, to meet together and manage their local affairs : )LS TO IRNED IN ACT FOR t Upper mder the -48. St list, 1830. py of the ig^ passed sarction lirect the 1 to pre- rovisions renewals the City I with a Irovisions ols and The du- substan- nder the Council Sections, for the Itwo-fold >ir local affuirs : 65 The one is by the meeting of the representatives of the several Townships collectively in County Councils ; the other ia by the meeting of the several representatives of a Township in such Town- ship separately. It is the several Townships that act in the one case as well as in the other ; but in the one case they act coUective- li/f and in the other separately. Of course some diversity of opinion may naturally exist as to the precise parts of a school system which can be best managed by the Townships '.n their collective or separate representative capacity. After large consultation and much consideration, it has been decided that the Townships separ^ ately can best arrange the boundaries of school-sections and do what may be deemed expedient in providing school sites, and for erecting and repairing school houses and imposing other school- section assessments ; but that the Townships can best consult collectively in regard to the selection of proper School Superintend- ents, and can best arrange for the more uniform, certain and punctual providing and payment of the local assessment moiety of the School Fund. It will be seen by the first section of the new School Act, that all lawful proceedings and obligations of every description which have taken place under former school acts are confirmed until fulfil- led or iiiodified according to the provisions of this Act. The du- ties ol lh<^ County Council are specified in the several clauses of the 27th section of the Act. 1. The Jirat and immediate duty of the County Council will be to cause to be levied upon the several Townships represented in the Council a sum or sums at least equal (clear of all charges of col' lection) to the sum or sums of money apportioned to them for the cur^ rent year out of the Legislative School grant. That apportionment I have notified to the Clerk of your Council, as required by the 35th section of the Act. If any of the Township Councils in your County have anticipated the apportionment of the Legislative grant, and have levied a sum or sums for the payment of the salaries of teachers equal to the amount of the legislative grant apportioned to such munici- palities therein, then it will be unnecessary, in such cases, for the County Council to impose any further assessment. But in every case the County Council must see that the local assessment part of the School Fund is available to Teachers before the end of the second half-year — the Legislative grant part of it being payable" at Q 66 : Shi;! .! 'fit. t iJicrJ I'i the end of the first half-year. In the neighbouring^ state of New- York) this order of proceeding is reversed. The County assessment part of the School Fund must be imposed and collected and attested to the State Superintendent, before tha State part of the Fund apportioned to any County can be paid. In my circular addressed to Wardens of District^;, and dated January 16th, 1848,* I called the attention of Municipal Couprils to the great injustice to Tetxhers, and injury to the efficiency of the school syslem", arising from the non-payment of the local assessment part of the School Fund at the end of the year. Several Councils provided forthwith for the future punctual payment of the amount of the local school assessment prescribed by law, on or before the fourteenth day of December of each year. Whatseve.al Councils so promptly and advantageously did in the cases referred to, the new School Act requires to be done in every case, 2. The securing, and mode of 'paying, the local School Fund is another subject which will engage the attention of the County Council. The new School Act contemplates but one financial officer and his subordinates in each county. If the payment of the School moneys in each District by one financial officer (in the person of the District Superintendent of Schools) has, during the last few years, been attended with no inconvenience equal to the advantages of it, of course no greater inconvenience will be experienced by confining the payment of such moneys to the County Treasurer. But if the County Council doom it expedient, it can appoint any number of sub-Treasurers, even to the Treasurer of each Township as a sub-Treasurer, duly providing for uniformity of responsibility and obligation in the method and punctuality of payments of school-moneys. Under this system, local Superintend- ents will be under no temptation, at any time, from considerations of personal convenience, to withhold or delay the payment of school moneys ; they will be relieved from keeping financial accounts, and from giving sureties as heretofore. The mode of accounting for the expenditure of school-moneys will be extremely simple and com- plete* No receipts need be given or ttiken. The order of the Trustees in behalf of a legally qualified Teacher will be the Local Superintendent's authority in each in:laijce, for his cheque upon See App9ndix to the Provin«iaI School Report for 1847, page SI. the County-Treasurer or Sub-Treasurer ; and the Local Superin- tendent's cheque will in each instance be such Treasurer or Sub- Treasurer's receipt for the school-money paid out by him. The duty of the County Auditors will be plain and easy ; and the school moneys will behest secured against every kind of misappropriation. 3. The next most important duty which the new School-Act devolves upon the County Council, is the annual appointment of Local Suptrintendents of Schools. I believe that it is generally agreed that it is not expedient or desirable to have both County and Township Superintendents ; but as to which class of these local school officers should be provided, there is considerable diversity of opinion — some preferring a County Superintendent, others desiring Towniliip Superintendents. The new School Act leaves the de- cision of this question to the choice of the Local Representatives of the people assembled in County Councils — each Council having authority lo appoint a School Superintendent for each Township, or for two, three or four Townships, or for a County, provided it does not contain more than one hundred Schools. In some municipali- ties, where the duties of the office have been very imperfectly dis- charged, doubts are entertained by many persons as to the utility of the office at all ; but this is not the case where the office is filled with ability,diligence and skill; and School Countries are unanimons in their judgment and practice as to the vast importance of an efficient local inspection and supervision of schools.* * The following remarks, from a late New-York School Report, deserves the deep attention of all Municipal Councils, School Trustees and other friends of popular education: " The success of schools is based upon two things which are closely con- nected and mutually dependent on each other ; viz. the pre-eminent moral mul intellectual qualifications of teachers, and the active and vigilant super' vision of inspectors to render the methods of teaching more and more perfect. If either of these be wanting, the whole fabric receives a shock from which it is unable to recover.* The great and important object is to have good schools. To have none is a great disadvantage ; bat to have bad schoolB in which error is tauijht and learned, is a great misfortune. A superintend- ing power is the main spring of all schools. A moment's reflection will satisfy any one that the whole must hinge upon it. If the education of the Fieople be seriously taken up, we may rest assured thai the whole vigor and ifeof that education will depend upon the system by which it is to be regu- lated. If it be weak and insecur?, the schools will make no advance ; tney may, by some transient circum-tacices, have a momentary success, but the»« will be no security that they do not speedily fall back into a deplorable statg oflangour. If, however, these schools are placed under a vigorous and active government, the spirit of that government will be communicated to every part of the machine, and will impart to it life aad motion." '%^ ''■% • V . ^«.' ;v V;''V- JM !1 irr I I -4 68 The new School Act, by'fixing the minimum of the allowance of a Local Superintendent, has relieved the Municipal Council of what has often proved an embarrassing and thankless duty. During the last session of the New-York State Legislature, a Bill was introduced, on the recommendation of the State Superintendent of Schools'and the Report of a Select Committee, providing for the abolition of the office of Town Superintendents and the appointment of a School Superin- tendent for each Legislative Assembly District — analogous to an electoral riding with us. The salary of each Superintendent was fixed at $500 per annum. There are 128 Assembly Districts and 11,000 Schools in the State— giving an average of about 86 schools to each Superintendent, who was required to visit each school twice a year, with a remuneration of nearly six dollars per school. With us, under the new School Act, the Local Superintendent is required to visit each school under his charge at least once in each quarter, and to deliver a public educational lecture in each section once a year, besides various other duties prescribed by law ; and the min- imum of his remuneration is fixed at one pound per school — a less sum than is given to Local Superintendents by most of the Town- ship Councils from which I have heard the present year. Persons who ofier their services at a very low figure in order to get an of- fice, generally do little thai is of any value after they get the office, and then justify their inefficiency by the plea that they do more than they are paid for. It is of very little importance to the people at large whether a Local Superintendent receives a few shillings more or less per school ; but it is of the greatest importance to them and their children, whether an able supervision be provided for their schools. Under the provisions of the new School Act, new and feeble Townships can be provided with an efficient School Superintendence, and aided, if not altogether relieved, in regard to its remuneration.* .IW" w^c-i i|i^.-' • This provision in regard to the duties and minimum of Local Superintend- ents, 1 first submitted to the consideration of the Government on the 23rd of February, 1819. It formed the 23rd Section of a then proposed " Draft of Bill making further provision for the improvement of Common Schools in Upper Canada,"— designed to remedy the defects of the then existinff School law, and to adapt it to the provisions of Mr. Attorney-General Baldwin's Municipal Council Bill, then before the Legislature. The fol- lowing are the reasons I assigned for this vr<>vision : "The Twenty-third Section confers upon 'J ovvnship Superintendents, with* in the limits of their respective jurisdictions, the powers of District Super* The School Act imposiag upon a local SuperiDtendent not only niiseellaneous duties which require judgment, and knowledge of men 9nd things, but a visitorial examination of each School once> a quarter, (which, if conducted as the law expressly enjoins, cannot be performed in more than two Schools a-day,) and a lecture Qn education in each School Section once a year, and the examination of Teachers for tho Schools, the County Council should spare no pains to search out and appoint men as local Superintendents who will command public attention as lecturers, who understand the true Mend- l3rd of >aft of )ls in sting Inerai fol- ath- iper- mtendents, with two vitally important provisos : — The one fixing the mini- mum of the allowance to Township Saperintendents, fat one pound per School J the otherprescrlbing additional duties of the highest importance to the progress of Cfommori Schools [namely, that the Superintendent should visit each School once a quarter, and deliver a lecture on Education in eajh Section, once a year.] Without these provisos, I think the system of Toum- «Ai/> Superintendents will prove a failure, as it has done in the State of New- York ; with these provisos, I think it will add very greatly to the efficiency of our Common School System. In the ' Municipal Corporations Bill,* 1 perceive the minimum of allowance to certain officei-s is orescribed by law; and 1 think such a provision absolutely essential to the etnciency of the office of Township Superintendent. The inefficiency of the late office of Town- ship Superintendent was, I am persuaded, chiefly owing to the absence of the provisos which I here propose. In some instances, persons offered to perform the duties of Township Superintendent gratuitously, and such offers were invariably accepted ; but that gratuitous zeal soon subsided ; and as gratuitous service is irresponsible service, those who performed it consider- ed themselves entitled to gratitude for the little that the/ did, rather than liable to blame for the much that they did not. Besides, when there were rival candidates for the office, the lowest bidder almost always received the largest suffrage ; but when once in office, he would proportion his work to his compensation. Such was the tendency' and practical effects of the sys- tem ; although there were many honourable exceptions. And a still worse effect of that system was, the appointment, under such circumstances, of many incompetent persons. The first proviso which i propose, will remove all competition for the office upon pecuniary grounds ; and while the com- pensation will be such as to secure the services of competent persons, the duties enjoined by the second proviso can hardly be discharged, or even at- tempted by incompetent persons. The second proviso will prevent the Councils from appointing persons who are not competent to prepare and deliver lectures ; and persons who are competent tc do that will be most likely to be qualified to inspect and superintend the Schools— their qualifi- cations for which will be necessarily increased by their obligations to pre- pare public lectures on such subjects. The second proviso wili produce, per annum, 12,000 school visits of Superintendents, mstead of 3,000, as at present, besides, 3,0[)Q public school lectures, — one in each School Section in Upper Canada. The vast amount of good which will result from such an arrangement, can scarcely be estimated." — ** Correspondence on th4 subject of the School Law for Upper Canada," lately laid before, and printt4 by order qf, the Legislative Assembly, page 32. g3 I I- pw It- II- i'fi r ■! ■ 11^' "10 l^eiples of school or^niKation and the improved ihodet of iehool Ce&chitigi who will do juetice to the great interests entrusted to them by their examinations of teachers, their visitations of schoots, atad their patriotic exertions to diffuse sound education and know- lege as widely as possible. I doubt not each County Council will respond to the spirit of the New- York State Superintendent of BchoolS) when he says, "h is fervently hoped that in every election liereafter to be made of a Local Superintendent, the most compe* tent individual) without reference to sect or party, will be selected. On such a subject, where the good of their children is at stake, men should dismiss their narrow prejudices, and tear ia sunder the shackles of party. They should consult only the greatest good of the greatest number of the rising generation. They should direct their preferences to those only who are the ardent friends of youth- ful progress — to those only, the smoke of whose incense uiTered in this holy cause, daily ascends to heaven ; whose lips have been touched with a burning coal from the altar." And as the selection to the office of Local Superintendent of Schools should be made upon the sole ground of personal qualifica- tion and character, and irrespective of party considerations, so should the duties of the office be performed in the same spirit. During the recent discussions in the Legislative Assembly on the School Bill, it was averred on all sides that the office of Chief Superintendent of Schools was and should be non-politicbl — that whatever might have been the political opinions of the incumbent* or of his mode of advocating them, previously to his appointment to office, that, as in the case of a judge, he should take no pan in pariy political questions during his continuance in office. On this principle I have sacredly acted since my appointment to office, as was admitted in gratifying terms by all parties in the discussion referred to ; and I think the same principle should be insisted upon by each County Council in respect to each local Superintendent of Schools, and should be faithfully acted upon by every person filling that important office, thus makin? it equally confided in by aU classes of the community. I am sure every Municipal Council in Upper Canada will agree with roe, that the entire superintendence of the School system, in all its parts and applications, should he perfectly free from the spirit or tinge of political partizanship — that its influence, like the genial light and warmth of the sun, should be : ,-.r r Bchool UBted to schoots, I know- ncil will Ddent of election compe* selected* ikO) men Oder the good of Id direct f youth- ifered in ive been ndent of [uaiificar ;ions, 60 e Bpirit. y on the )f Chief ul— that lumbenty nntment > pan in On this ffice, as cussion ed upon ident of filling by aJi uncil in ^ndence ould he —that ould be Muployed for the equal benefit of tU without tegtrd to yktif, Mdy or colourt It Willi of course^ be a matter of discretionary consideration with each County Council, as to whether it will leave any or all the Township Superintendents in office during the remainder of the cur- rent year, before re-appointing or changing them. If not re-ap- pointed or changed, the present local Superintendents will, of course, (as provided by the first Section of the Act) be paid for the current year by the Council appointing them, and according to its agreement with them. But they must henceforth perform their dutibs according to the provisions of the new School Act, — tho basis and authority for all Common School proceedings of every description. In all cases where the superintendence of Schools in any Township has not been provided for the current year, it will be necessary for the County Council to supply that essential instru- mentality in the payment of the School moneys and the supervision of the Schools. 4. In respect to the exercise of other powers with which the Act tilvests the County Council, I do not think it necessary to make more than one or two remarks. I trust that by the commencement ot next year, provisions will be made for the establishment of School libraries, when the County Council will be able to judge as to tho mode in which it can best employ its legal power for the introduce tion and diffusion of that most potent element of high civilizatbu. The County Council is, of course, the best judge whether and to what extent it may be desirable and expedient to make provision ^ to give special or additional aid to new or needy School Sections^ on the recommendation of one or more local Superintendents." It will be important that the County Council see that all balances of School moneys yet unexpended and in the hands of any local Super- totendent, and all Township Assessments for raising part of tho csirrent year's School fund, be paid Into the hands of the County Treasurer or Sub-treasurer, and expended and accounted for in th« manner prescribed by the Act. 5. The spirit in which the provisions of the new School Act have been, generally speaking, discussed and adopted in the Legi»- lature, I regard as an omen for the good of our country, and worthy of imitation in all Municipal and Local School proceedings through- out Upper Canada. Party difierences were not permitted to mar 72 I llii' m i!!ir.E ,Uiis great meaiBure for the education of the people ; and aUhoagh there were individual differences of opinion among men of different parties as to some details of the Bill, yet men of all parties united in the support of its general principles, and in an earnest desire and effort to render it as perfect as possible in all its provisions. I hope that ho party spirit will be permitted to impair the efficiency of its administration in any Municipal Council, public meeting or Corporation. In the great work of providing for the education of the young, let partizanship and sectarianism be forgotten ; and all acting as christians and patriots, let us each endeavour to leave our country better than we found it, and stamp upon the whole rising and coming generations of Canada, the principles and spirit of an active, a practical, a generous, and christian intelligenoe. ,^ -,,.;, I have the honour to be, Sir, ,•■;./ i i !< . . !' Your obedient servant, •: - L. RruRSOir. To the Warden of the County of . ^Ml .• ■II [CIBCULAR.] ' ; ' • , -; To Vie TotvnreeveSf on the Duties of Tofwnahip Councils undbr the new Common School Act for Uj^er Canada. r. i ' '■ Education Office, '^ '■■';. •• • ' '- . Toronto, mk Augusty tSK. In the eighteenth, and two following sections of the new Common School Act for Upper Canada, (a copy of which I herewith transmit) special powers and duties are conferred upon Township Councils, in addition to the general powers given them in the third clause of the thirty-first section of tUs Municipal Corporations' Act, 12th Victoria, chapter 81. On the duties which are thus devolved upon Township Councils, and this part of our School system, I think it proper to offer a few practical remarks. , ?T^ Uhoagh iiffereiiit 3 united sire and ons. I Hciency eting or ation of and all save our le rising it of an RSOlf. unikr sty 1890. he new ^hich I iferred powets of tU9 On luncilsy lofTer a As in common life, there are some things which each indi- vidual can do best alone, and other things which can be best accomplished by combination with others ; so in our Municipal and Common School systems, there are some interests which can be best promoted by the Townships separately, and others which can be best consulted by the union of several Townships^ assembled, through their representatives, in County Council. The line of demarcation which the Legislature has deemed it most natural an(] advantageous to draw, in prescribing the respective duties of Township and County Councils, (that is of Townships separately and collectively,) in the administration of the School system, I have pointed out in my Circular to County Wardens; and I need not, therefore, further allude to the subject in this place. 1. The authority and duty of the Township Council to levy assessments on certain conditions for the purchase of school sites, the erection of School-houses, and other Common School pur- poses, are so plainly stated in the first clause of the 18th Sec- tion as to require no other remark than this — that the inhabitants of each School Section ought certainly to be the judges as to assessments levied upon them for the school purposes of theii own section, and their wishes should be carried into effect without regard to the opinions of any person not belonging to their Section ; and as the Councillors are the proper represen- tatives of the Township on Township affairs, so should the Trustees of each School Section (or a majority of them) bo regarded as the representatives of such Section in its School affairs. Such are the true principles involved in this clause of the Act. 2. The second clause of the 18th Section of the Act, author- izes the Council, at its discretion, to establish a Township Model School. The attempts of local Councils to establish Model Schools have thus far proved entire failures ; and, with one exception, 1 think the money applied by the Councils and from the School Grant for such Schools, has done little good. Tho late District Councils liavo, in every instance except one, aban- doned the attempt. I would suggest to each Township Council to consider such a matter well before undertaking it. To the success and usefulness of a Model School, a model teacher, at wmw 74 |i H-' ■• ■ I' fill!. any expense, is indispensable, and then a Model School-house properly furnished, and then Judicious and energetic manage- ment. ■; . . •' ; -^; .' * , 1,1 ■:■.■.;. ..c. ; "i • ■' [ ;i.'t,».ri'. ■-, ,;; 3. The third anAfoutt/t clauses of tliis Section, relate to tlie authority and duty of the Council in regard to the formation and alteration of Scliool Sections. The format ion and altera' tion of School Srrtioiis is a duty, on the judicious performance of which, the efficiency of the Schools grcutly depends. The conditions and precautions provided in the new Act relative to t le time and manner of making changes in the limits of School Sections, will prevent the recurrence of the evils which h ivo been experienced and the com])l!unts which have been fro^ (juently made on this subject, and afford due protection to all parties edected by such clmnges. Tiie duty of forming and altering Sciiool Sections, which was formerly enjoined upon District Councils, now devolves upon Townsiiip Councils. I know not that 1 can add anything on this point to the remarks which 1 UKide in my (irst Circular addressed to the Heads of Ilistrict iMunicipal Councils, 1st I'ciober, 1846. Subsequent experience has only confirmed me in the corr^^ctness and in>- portance of those remarks, which areas follows : — •• IVIuch— very iinioh — in roRiK'ct to the rfflciciicy of romnion Sc liools (iopoiii!n upon ttjie maimer in whicli the [irovit-ioii of tlio law is actoil ii|POii. Tlin tt'iuiency is to forto luiiall Scliool Sorliwi:-! ; (mcIi luirciit is auxiout* to liavo tlu' t'rliool-liouhO an closo to liis own door as iioysii)lc. I5ut tho evil of forming small t^chool tri-ctions is as prcat as tlio local tciuloiicy irJif School icli li ivo )een fro- )n to all ling and ed upon ncils. I remarks leads of bsequeoX 1 and im- (^pMidB upon y is to (brio closo to Ilia frroat as ttio t this evil by Inisotts and on tliis iiii- aiui iisefiil'- <)}' Scliool le ri't-ourcra (\fj, or Hup- lling, if not oviiig th.it from one to !i less (lix- hool is not le nianagois particular iletail many on s arc, the |)ortinR tti« iiicnces for hotter ediv- tion q£ Uw for the Isting of parts of two or more Townships, and that alterations ofSections and the formation of separate Sections, provided for in the 19th Section, take effect the 'iOth day of December — tiius preventing the inconvenience resulting from alterations in School Sections, in the course of the year, and at the same time providing that the annual returns of children of school age residing in each Section the last week in December, shall be a proper basis on which to distribute the School Fund to School Sections the ensuing year. It is hardly necessary for me to direct the attention of the Council to tlie notifications required by the Uiird ani} fifth clauses of this Section of the Act. it is important that the local Superintendent should be made acquainted with all proceedings relative to the Schools of which he has the oversight ; and for that reason provision is made in the 5th Section, the 12th clause of the VMh Section, and the 5ih clause of this 18th Section of the Act. 5. The provision of the 19th Section, as far as it relates to separate Protestant and Roman Catholic Schools, is substantially the same as that contained in the 55th and 5(jlh Sections of the School Act of 1943 and in the 32nd and 33rd Sections of the School Act of 1816, with tiie exception that the present Act imposes more eifectiye restrictions and conditions in the estab- lishment of such schools than either of the former Acts referred to. Under the City and Town School Act of 1847, the estab- lishment of separate schools in Cities and Towns was at the discretion of the Municipalities, and not at thatof the applicant parties. No complaints having been made against this provision of the law, even in cities and towns, it was at first proposed to extend the application of the sanie principle and provisions to Township Municipalities ; but objections having been made to it by some (both Protestant and Roman Catholic) Members of the Legislature, the provision of the former School Act was re-enacted — requiring however, the petition of twelve heads of families instead often inhabitants, as a condition of establishing a separate school, and aiding it upon the principle of average attendance, instead of at the discretion of the local Superinten- dent, as under the former acts. But notwithstanding the exist- ence of this provision of the law since 1843, there were last year but 51 separate schools in all Upper Canada — nearly aa rr If nrTTT' ■I \ si'' 0- mi 76 many of them being Protestant as Roman Catholic ; so that (his provision of the law is seldom acted upon, except in ex- treme cases, aud is of little consequence for good or for evil — the law providing effectual protection against interference with the religious opinions and wishes of parents and guardians of all classes, and there being no probability that separate schools will be more injurious in time to come than they have been in time past. It is also to be observed, that a separate school is entitled to no aid beyond a certain portion of the School-fund for the salary of the Teacher. The School-house must be provided, furnished, warmed, books procured, die. by the per- sons petitioning for the separate school. Nor are the patrons or supporters of a separate school exempted from any of the local assessments or rates for Common School purposes. The law provides equal protection for all classes and de- nominations ; if there be any class or classes of either Protest- ants or Roman Catholics who are not satisfied with the equal protection secured to them by law in mixed schools, but wish to have a school subservient to sectional religious purposes, they should, of course, contribute in proportion, d not lax a whole community for the support of sectarian intei ests, e. The twentieth section of the Act provides, under certain circumstances, for the incorporation of all the Schools in a Township under one Board of Trustees, like all the Schools in Cities and Towns. This vfould supersede the necessity of the School- Section divisions of a Township, and establish one in- terest and one management for all the schools in such Town- ship. In the State of Massachusetts, this option is given, as the inhabitants of each town (called township with us^ can have each school managed by an elective committee of three (anal- ogous to our Trustees^, or all the schools managed by Select Men (a Board of Trustees) for the whole town. The Hon. Horace Mann states that schools managed according to the latter method, are generally more efficient than those managed by separate committees. But the towns there are smaller in geographical extent than our townships. I am not prepared formally to recommend Township Boards of Trustees ; but I think it is well for the inhabitants of each Township to have the power of adopting it, if they desire to do so. :!!'■■ l!i# 60 that pt in ex- or evil — nee with rdians of e schools ave been ,te school lool-fund must be ' the per- B patrons ly of the purposes. and de- r Protest ihe equal ut wish to )ses, they s a whole r certain ools in a chools in y of the one in- Town- ;iven, as ihave |ee (anal- )y Select 'he Hoik to the lanaged laller in ►repared s ; but I to btive 7. before concluding, 1 desire to advdrtto the relief which the provisions of this Act afford Municipal Councils in the settlement of scUbol-section disputes. Heretofore, a very con- siderable portion of the time 6\ some Municipal Councils has been occupied in the investigation and discussion of such dis- putes, at a heavy expense to the Municipalities, and often to the satisfaction of no party. Besides, it was hai'dly fair to make an elective Council a judicial tribunal for the impartial trial of matters, affecting, in a considerable proportion of cases, one or more individual Councillors themselves, or one or more individual constituents, by whom one or more Councillor-judges had been opposed or supported at municipal elections, or whose anticipated support or opposition at future elections might place Councillors in a position equally painful in the investigation of such matters. It is a grave question of civil polity, whether popularly elective bodies should be invested with judicial functions. The judicial decisions of such bodies have generally been most severely criticized, and have exposed their authors to more odium than have any other judges been liable to for their decisions. The judicial decisions of the highest elective body in the land — ^the Legislative Assembly — have been questioned even in the smallest matters, — such as a deci- sion on the conduct of a newspaper reporter towards one of its own members. I have always, therefore, considered it impolitic and unjust to Councillors to impose upon them the task of investigating and deciding upon personal matters of dispute between their constituents, or in which they themselves might be considered as interested parties. The new Act is free from this objection. It will be seen by referring to the eleventh section, to the 18th clause of the twelfth section, and to the seventeenth aectioiit that the new Act provides for the settle- ment of nearly all probable school-section disputes by a' simple unexpensive system of local arbitration, (without appeal (to the Chief Superintendent, or to any other tribunal) — a mode of settling disputes which I hope will soon become general throughout the province. 8. I hope to have it in my power, in the course of a few months, to present each Township Council in Upper Canada with a copy of a valuable work on School Architecture — con- I V' ff .^.Jiu. .. ,;k> . v , i .. i ifc,i,i I : ,i.i r . r i i , rf ii r|[ i, i . rjB i i..^'.j-^«. lix mi % m 111-' I;P>' lift I;'' :.: »'■'■!' i ■; I > at' if ■ 78 taining a great variety of plans of school-houses and premises, specifications, and every information necessary to aid in the erection and furnishing of school-houses, ancLproviding every description of school-apparatus. I trust that each Township Council will do honour to its important position in this great work of the country's education, and by the united and indivi- dual example of its members, speedily, succeed in rendering a good school accessible to every child in the Municipality. I believe the present School Act furnishes greater facilities than any preceding one for the accomplishment of this object ; a party, a selfish, a slothful spirit alone can defeat it. . ;^ , i ,; • I have the honor to be. Sir, *,. < j . , ■ • ' ' ii(i" Your Obedient Servant, : .i,- " • '■'' ' ■'!"■ ' " E. RtersoIv. ■ [CIRGULAR.] t > ' ! I : ' ' / • I ; ■ : i I ■ 1 1 : I ',,{, , ■. ■■■> x . t ,', • To each local Superintendent of Common Schools in Tapper Canada on their duties^ under the new Common School Act, '"' ''"' "'■" ''i''; !■ M'". ';■•.•■•■■ :•' Education Office, • ' ' •! ;' r '■ •; Toronto^ mh August, 1B50. Sir, — With this Circular you will receive a copy of the new School Act for Upper Canada, 13th and 14th Vic, ch. 48, and of the Forms and Instructions necessary for its due execution. The duties which this Act imposes upon local Superin- tendents are of the gravest importance ; and it is on the nature cyf these duties and the manner of discharging them, that I desire to address you on this occasion. j ; ;; . i . ; The new Act relieves each local Superintendent from being a Treasurer of school moneys, from keeping financial accounts, and from giving bonds with sureties to the Municipal Council appointing him. The County Treasurer is the respon- flible officer for the safe keeping and prompt payment of the Cbunty School Fund, upon the orders of local Superintendents. Whatever balances of School moneys may chance to be in 79 •• remises, i in the g every ownship lis great d indivi- lering a ■lity. I ties than 3ject ; a IRSOtf. your hands, should be forthwith handed over to yoUr County Treasurer— you talcing his receipt for the same. , . , 1. The duties of each local Superintendent are clearly pointed out in the several clauses of the thirty-first section of the Act. The first duty mentioned is, to apportion the School money notified to him by the County Clerk, to the several School Sections within the limits of his charge. This ho is to do according to the average attendance of pupils in each School, unless otherwise instructed by the Chief Superintendent of Schools. The local distribution of the School Fund among the several scliools according to average attendance (the mean attendance of pupils for both winter and summer being taken) is an important provision of th^ law, and based upon reasons which will be found in a note ;"' but it should not be adopted r Canada * • ^ICE, ^uitt 1850. the new I. 48, and xecution. Superin- le nature that I n. om being inancial Municipal respon- nt of the tendents. to be in * This provision of the new Act was first submitted by me to the consideration of tte Governor-General in Council the 14tli October, 1848, in transmitting fthe draft of a short bill designed to remedy some of the defects of the School law of 1846. The reasom assigned for the introduction of this new principle into the law relative to the apportJDn- ment of School moneys, were as follows:— •* The TweUth Sedion proposes giving a discretionary power for the distribution of the School Fund In each District to the several Schools, according to atttndance, instead of according to School ]X}pulation. The IJatb^st District Council has strongly advocated attendance as the baBis of dibtributing tlic Dlb^t^ict School Fund. As population has been invariably adopted in all the popular School Laws with which I have met, as the baeda of distributing the local School Fund of each County or Town, as well aa the State or National Fund to the several Municipal localities, I hesitated in proposing any other until within a few months since, when I received the last Annual Report of the Masstir chusctts Board of Education, in which I find tliis distribution of the School Fund recom- mended to the Legislature with a force of argument which, I think, cannot bo resisted. I find experienced persons whom I have consulted of the same opinion. I find on exam- ination, that in many large School Sections, the attendance of pupils is often not larger than in small ones. Distributing the School Fund according to attendance will tlierefore be favourable to small Sections. I find also that the attendance of pupils in new and poor rural Sections and Townsliips is larger in proportion to the whole School population, than in older Townships and Cities or Towns. The adoption of the proposed prlncipto of distribution, will therefore be favourable to the newer and poorest sections of the country. This is the result of a most extended inquiry into the statistics of School attei^ dance as compared with 8choo\ population in the State of Massacusetts ; and the Secre- tary of the State Board of Education concludes his argument on this point wUb tiN following impressive remarks :— " *Iti8 most obvious, then, that an apportionment of the income of the School Fund, according to the average attendance of children upon the School — taking the mean of attendance for both summer and winter schools— would conduce greatly to the benefit of the smaller, the more agncultujal, and the more sparsely populated Towns. It would distribute the bounty of the State on the principle of helping those who help themselves. It would confer the benefit of the income on the children who attend the public Schools* insteadof bestowing it in behalf of children who attend Academies and private Scbbols^ and never enter public Schools at all ; and thus it would give a practical answer to tbi pertinent question why money should be given to those who disdain to use it. And, lastly, it would be a new argument of great weight in many minds in favour of a more uniform attendance upon ecbool; because, the detention from School of any child wbo w • • 80 m I Hi.' hA ''ii ,, , .,v 1 !;■ m 1) 'it.. I,)!',"' 'iilfsd 'i if 'F :! without previous and full notice to all parties concerned. It is not, therefore, to beadopted the present year. You will this year apportion the School money to the several sections within the limits of your charge entitled to receive it, (as informer years) according to the ratio of children over five and under sixteen years of age in such sections respectively, as compared with the whole number of children of the same ages in the Township, or each Township, under your superintendence. In my Circular to County Clerks, I have adverted to the man- ner in which these data should be furnished to any local Super- intendent who may not have obtained them. 2. Having apportioned the school money to the several sec- tions within the limits of his charge, the local Superintendent's next duly is to pay the money thus apportioned to legally qualified Teachers, and no others, on the lawful orders o** Trus- tees. The proviso of the fifteenth section of the Act gives validity to the certificates of qualification by local Superin- tendents during the present year. No Teacher who has not such a certificate, or who cannot procure one, is entitled to any part of the School Fund. Before the end of the current year, I trust regulations and provisions will be made for the more uniform and thorough examination of Teachers, and the more systematic and equitable classification of them. In my circular to Wardens of Counties, and in my remarks in chapter V. of the Forms and Instructions, I have sufficiently adverted to the manner of paying Teachers, and accounting for School moneys under the provisions of the new Act. 3. The next, and of all the duties of the local Superinten- dent, the most vitally important, is the inspection of Schools. ouglit to te in it, would diminish theTown'a share of tlie income, and thus inflici palpa- ble injustice, not only on tlic absentee, but ou all other children in the Town,' " In the last Annual School Report of the Superinlendent of Schools for tlie Btati; of New- York, laid Itefore the Legislature a few months since, I find the name pruvision recommended to the favourable consideration of the Legislature of that State, in the fol- lowing words : — '• It is respectfully suggested to the Legislature, whether the ratio of apportionment and of distribution of the school money, might not advantageously Ic so changed as to have reference to the attendance of pupils upon the district schools, for acertnin specified period during the preceding year, instead of being upon eitlier populnilon, or tue nuniLer Of children actually residing in the district. By flic adoption of this mode of distribution, ata'Ong inducements wouii' be prcBt,nted to the taxable InhaLilaats of the several districts, to place their chlld'en in the common schools, and to keep tliem tli6rc, for a Bufflciwt length of time to e€cure an additional share of the publicmoney, , . ,,, 1 1 m^ 81 rtlonineiit pged as to ] epecifieij miniljer Jtrihution, IdistrictB, sufflcLut The provision of the law is explicit, both as to the frequency and the numner of this inspection. The law requires each local Superintendent, '* To visit each School within his juris- diction, at least once in each nuarter ; and at the time of each such visit, to examine into the condition of the school, as it respects the progress of the pupiie in learning, the order and discipKn^ .erved, the system of inetrvction puTBued, the mode of keepi^ the school registers, the average attendance of pupils, the character and condition of the building ond premises, and to give such advice as he shall think proper." I do not think it is possible for a local Superintendent to observe, with any sort of fidelity, even the letter of the law, without spending nearly, if not quite, half-a-day in each School at each visit. To deal in a few vague generalities on such occasions, and to make It a kind of exhibition, is a burlesque on the object and duty of the inspection of Schools. Such an exhibition of gene- ral results is appropriate at a public quarterly examination ; but the object of inspection is much more detailed, practical and thorough, and relates to the mode of proceeding in every particular of school instruction and government. The infre- quency and very defective manner in which the Schools have been inspected in some districts, has given rise to objections against the very office of local Superintendent. To perform this duty with any degree of efficiency, a local Superintendent should be acquainted with the best modes of teaching every department of an English School, and be able to explain and exemplify them. It is, of course, the local Superintendent's duty to witness the modes of teaching adopted by the Teacher, but he should do something more. He should, some part of the time, be an actor as well as spectator. To do so he must keep pace with the progress of the science of teaching. When young, 1 taught a District Grammar School some two years, and with some degree of reputed success ; but the kind of teaching and rchool organization which would, in many instances, have been applauded in this country twenty- five to thirty years ago, ought not to be tolerated now. Every man who has to do with Schools, ought to make himself master of the best modes of conducting them in all the details of arrangement, instruction, and discipline. A man commits a h3 w '82 ?;,V' wrong against Teachers, against children, and against the inte- rests of school educatibn, who seeks the office of local Super- intendent without being qualified and aible'to fulfil all its func- tions. In respect to the manner of" performing the visitorial part of your duties, I have nothing material to add to the sug- gestions which I made in my circular to District Superinten- dents of Schools in December, 1846. They are as follows : — Your own inspection of 'the Schools must be chiefly relied uix)n as the basis of your judginent, and the source of your information, as to the character and methods of scliool instruction, discipline, management, accommodations, &c,: and on this suljject, we ought not to content ourselves with those exterior and general facts which have hitherto JMsen the speciql, and almost o^ly sijJqectd of Scliool Reports* such as tlie numbei of schools, that of pupils, their age, the sums expended, &c. These items of information are of unquestionable importiance ; and every means ought to be employed to render tliem more exact and complete. But it is not of less importance to know the interior regime of the Schools— the' aptitude, the zeal, the deportment of the TeacIiCTs— theh- relations with the pupils, the Trustees and the neighlKjurhood— the progress and attain- ments of tlic pupils, and, in a word, the whole moral and social character and results of the instruction given, as far as can be ascertained. Such information cannot be acquired from Reports and Statistical Tables •, it can only be obtained by si)ecial vi.4ts, and by personal conversation and observation — bv an examination of the several classes, in their ditferent branches of wf udy, so as to cnabl^ you to ascertain the decree and elficicncy of the instruction imparted. In the Inspection of Schools, I would suggest something like the following order and subjects of inquiry anacxaininatiort •,— I. Mechanical Arram^ements. — T^wl',- V^ure of the property ■ the materials, dimensions .iiid plan of the buildiaa-' ; liow liiiliw d, wurmcd, and vcitWiMi] ; if any class-rooms are provided for flic separ^ i/; instruction (/f part of the childf ■»! ; if there ii- a lobby, or closet, for hats, cloakis, bonnets, &c.; how ttio desks and seats ar*- arranged and constructed, and with what conveniences ; what arrangements for the Teacher ; w hat play-ground is provided ; what gymnastic apparatus, if any ; whctli^'r there be a well, and proper con- veniences for private purposes, II Meant of imirudion, —The Books used in the several classes, under tlie heads of P.eadinp, Arithiriotir, Geography, &c.; the Apparatus provided, as Tablets, Maps, Globes, )ii>*rk-board6, Models, Cabinets, Library, &c. III. Ori/oiiixoiufp. Arrangement of classes; whether each child is taught by the •(3100 Teacher- ^^ auj Assistant or Assistants are employed, to what extent, how remu- nerated, and huw qualified. IV. Discipline,-^ i '' the pupils change places in tl.cir several classes, or whether they axe marked at each Icsbon, or exercise, according to l,h('ir relative merit ; if distinction depends on intellectual proficiency, or on a mixed estimate of intellectual proficiency and moral conuuct, or on moral conduct only ; what rewards, if any ; whctlier cor[)oreal punishments are employed— if so, their nature, and whrthcr Inflicted publicly or privately •, what other punishments are used : whether attendance is regular ; what religious exercises nro observed, atul what religious instruction is given, if any. V. Method of /iiMruction.— Whether mutual, or simultaneous, or individual, or mixed ; if irnitual, tho number of Monitors, of what iittainmonts, how appointed, how employed ; if si/iHjltaneouK, that is, by classes, to what subjects of instruction : whether the sinjul- taneo'is mrtJiod is not more or less mingled with individual teaching, and on what sub- jects ) to wlutt extent tlie irit/iUqctual, or £hc mpre rote metliod is pursued, and on wjfiat »ul)ject8 ; hovi' '■" "if' i/.t,.rc^,|/'./!v/> method only is used ; whether the suggestive method k employed; v/- .«) method is resorted to; how tfie attaiimients in the imt^/ttn nie vai../-.^ astca- ; ea«; ttui " prcssion. 2. In Writing; whetlier they can ;vrite at all, or be inte- Su per- ls func- sitorial he sug- jrinten- ows : — sis of your s of scliool ibject, we ve hitherto iiuinbei of iforination to render le interior liers— their ,nd attain- d results of )C acquired ittJ, and by !0s, in their licicncy of I order and dimensions 3-rooins are y, or closet, onstructeu, ground is )roper con- ic heads of its, Maps, !ht by the liow remu- lether they llistinction Jency and corjioreal brivate^y ; exercises pr mixed -, I li ployed ; ^iiiml- i'liftt sub- on w/uu |e method Its in the written ten from crfectly, lat all.or 83 Imperfectly, decently, or with ease and elegance. 5. In Arithmetic ; whether acquainted with Notation and Numeration, Addition, Subtraction, Multiplication, Division, or not, respectively ; wliether skilful in them ; whether acquainted with the Tables of Moneys, Weiglits, Measuj-es, and skilful in them ; whether acquainted with the compound rules, and skilful in them ; whether acquainted willi the higher rules, and skilful in them ; whether acquainted witli the exercises in mental arithmetic, and skilful in them. 4. In Grammar; whether acquainted with its divisions, rules of orthography, parts of speech, their nature and modifications, parsing, composition, &c. 5. Geography, History, Book- keeping, &c. ; iheordor of questions, suggested by the nature of the subject. The extent and degree of minuteness with which the inspection will be prosecuted, in respect to any, or all of the foregoing and kindred subjects, must, of course, depend on circumstances. 4. Another most important duty required of each local Superintendent is, ** To deliver in each School Section^ at least once a-year, a 'public lecture on some subject connected with the ohjects, principles f and means of practical education" The education of a free people is, to a great extent, a system of voluntary exertion. There may be a good School law, and there may be a large School fund ; and yet education may decline. Massachusetts without a farthing's State School Fund until since 1835 (and it amounts now to only a few thousand dollars a-year) has nobly advanced in the sound and universal education of her youth ; while Connecticut, with the largest School Fund of any State in America in proportion to her population, has ignobly declined in the same great work of patriotism and humanity. In a " Pbize: Essat [published in the appendix to the last School Report of the State Commis- sionerj on ike necesHty and mean» of improving the Common Schools of Conntscticutf" I find th« following, among many similar statements : — A few years since, the nameofConnetCcut was mentioned In connexion with Common Schools, with honor, only ; it is now, in this connexion, coupled witli expressions of doubt and regret, and that by wise amd sobet men. Uef large State endowment is described as having put her ctfectually asleep, as having sent her to "Sleepy Hollow," from the influence of which, when she is arouseri fora moment, it Is to talk: of her noble School Fund and James Hillhousb, just as fn, '.A«f Winkle did of hie neighbours who had been dead forty years. The School Fund '"^ i .ted every where out of Connecticut — we venture to say it is quoted in every other Stnte in the Union— as a warning and exam' pie to deter them from giving the proceeds of tiieir own funds, eiCv pt only on the condi- tion, that those who receive, shall themselves raise as nnlch as they take, and report annually as to the results. Those who go front other Htates into Co mecticut, can hardly credit the testimony of their own senses when tiiey are forced to believe the apallty that prevails. Every newspaper and every lectu'.ef out of Conneelirut, high and low, igno- rant and knowing, sneers at tlie Connecticut School Fund, and thf present condition of Connecticut Schools. — Those who go from Cohnfcticut into olbcr States, and from them into Connecticut, feel a shock in the traiisitiuu. It is like going from a cellar into sunshine, or from sunshine into a cellar. W^e know an intelligent gentleman who linn eeen his scores of years, who has recently removed from Rhode Island into the " Innd of steady habits," and can hardly understand or believe that tiie apathy which he finds, can be a reality. The writer has within a few years made the change the other way, from Connecticut to the Bay State. He, too, has l)een forcibly Imprei^aed with the contrast. In one particular, this contrast is very striking. In Connecticut, the people have been (>ersuaded, tliat to be taxed for the Bup{>ort of Cx)mmon Schools ia a levy uiion the poor, 84 'J ! f:. Iff 'i' m for the schools of tlie rich. In Massachusetts, the people knote that all such taxes are a lawful tribute from the rich, for the iienefHof the poor. We have seen in the latter State, In a crowded town-meeting, a thousand hands raised as by magic, to vote the largest of two sums named by a School Committee, a sum which was nearly a dollar for every Individuil of the entire population, men, women, and children. The motion was made by one or the wealthiest men in the town, whose own children were too old to attend the public School. It was supported by others wealthier than he, and having no interest of tiieir own in the Schools. These facts demonstrate that the onward progress of the education of a country does not depend, primarily or chiefly, upon a School Fund or School law, but upon the spirit and action o^ the people ; and the great object of public School lec- tures is, to awaken that spirit and arouse this action. The law requires that a voice should be lifted up on this subject in every School Section in Upper Canada ; the commanding authority of that voice will depend upon the ability, the indus- try, the heart, of etich local Superintendent. No man ought to aspire to the office, or retain it a week, who has not the heart and ability to prepare and deliver public lectures in a spirit and manner worthy, in a good degree, of a cause inter- woven with every vital interest of our country's civilization and happiness. We cannot be too strongly imp/ossed with the fact, that the adninistration of the school system is not like that of any other Department of the Public Service — a vigi)ant and effective oversight of the execution of the law, the prDtection and development of the country's resources : the due adminis- tration of the school system — and indeed, properly speaking, the great object of it, besides the ordinary administration of the law — is to excito and maintain as widely, and in as high a degree, ac possible, among all classes of the community, a correct appreciation of thd nature and importance of popular education, and a spirit of intelligence, philanthropy, and patriotism in the adoption of the diversified means necessary for the attainment of that end. From the office of the Chief Su- perintendent, down to the desk of the humblest Teacher, a moral influence, an energy, a vitality should be sent forth in behalf of the education of youth and the diffusion of useful knowledge among the people, if the right spirit glow in the bosom of every Superintendent, it will appear in every public lecture, in every school visit, on every proper occasion in the intercourse of private and public life, and the results will soon be manifest in every municipality of Upper Canada. On the oiher hand, great must be the responsibility, and deep the disgrace, of any t fiiill- 85 Lxes are a Iter State, largest of for every was made ittend the interest of of the shiefly, 'it and ►ol lec- . The )ject in landing 3 indus- L ought lot the es in a ie inter- tion and the fact, ) that of ant and Dtection dminis- eaking, of the high a nity, a popular and ary for iefSu- moral behalf vvledge som of [ure, in hcourse lanifest hand, of any Superintendent, who shall suffer the interests of Schools to droop and die, or linger on in a sickly condition, under his oversight. 5. On the duties of a local Superintendent respecting school books and attending meetings of the County Board of Public Instruction, I will not remark at any length. The former topic I have discussed at some length in my annual School Report for 1849, — which will be printed, and a copy sent to you, in the course of a month or two ; and, on the latter topic, some practical suggestions will be made when the Programme for the examination and classification of Teachers shall have been prepared and published. Nor need I here offer any observations upon the duties imposed upon you by the subse- quent clauses o^ this thirty-first section ot the Act. 1 doubt not but the several provisions respecting the support and duties of the office of local Superintendent, will contribute very much to its efficiency and usefulness. 6. It therefore remains with each incumbent to say, whether the spirit and intentions of the law shall be fulfilled within his jurisdiction, as far as depends on the performance of the duties of his office. The Act has been passed by the Legislature in the spirit of a generous nationality ; the spirit of patriotism prevailed over the selfishness of party during the Parliamentary deliberations on this subject. The Government duly apprecia- ted the wants and interests of the whole country in the prepara- tion of tne measure, and all parties in the Legislature cordially responded to it. In the seme non-party and national spirit, I hope to see the law administered. In 1841, the common school law of the State of New-York was so amended as to authorize and require the Board of Supervisors of each County (a body in school matters similar to a County Council with us) to appoint a County Superintendent of Common Schools. In a Dig'st of the Common School System of the State of JVew-York, published in 1 14 by the Deputy, under the auspices of the State Superintendent of Schools, I find the following remarks, which I commend to your serious attention : — As tho usefulness of local Sui^erinteiidents will depend mainly on thf influence they Khali Ik; udIc to exercise ujwn the officers and teachers of Schoola, and upon parents and ♦he inhabitants of disttic < (generally, tht- will endeavour to deserve that influence by their (ieportmont, and >nudiously to avoid e""rything which may inipaj- it. Hence it wiii be udiapensablc that they should abstain wholly and absolutely froiu all intertcrence m auiy w^ 86 !i' local divisions, or in any questions by wlilch ttie community in any town or district may be a^'itated •, and alttiougli tlie^ cannot be expected to abandon tlicir political sentiments, yet t^ is obvious that any participation in measures to promote the success of any political party, Kill not only dimish their influence and impair their usefulness, by exciting suspi' don of the objects of their movements and measures, but unit etpose the ojjice they hold to a vindicative hostility that will not cease until it is abolished. Tite iuielligence of our people will not tolerate the idea of the agents of public instruction becoming the emissaries qf partitan management. .,, .> ,1, . . .■■.',:'■ ^,, .. ; >: /, t.,; '.i. The conviction expressed in the concluding sentences of this quotation, has been painfully realized. As party politics ran high, it was found that the appointments of local Superinten- dents were made, to a considerable extent, in the spirit of political partizanship, and the influence of the oflice was fre- quently employed for partizan purposes. A clamor was soon raised against the office itself, which resulted in its abolition in 1847. Great efforts have been made during the last two years, by the State Superintendent and other experienced educationists, to restore the office, and place it on a better footing than here- tofore. These facts are admonitory. A man's qualifica- tions, irrespective of sect or party, should influence his appointment to the office ; but when once appointed, and during his continuance- in office, he should act in the spirit of im- partiality and kindness towards all persuasions and parties. This has been the avowal of the Government and the sense of the Legislature in regard to tb» office and duties of the Chief Superintendent ; and I think it was equally understood and intended, that no tinge of partizanship should attach to the supervision of schools, even in the remotest township of the Province. The spirit of the vow made by the [Prussian School Counsellor Dintejb, should imbue the heart of every School officer in Upper Canada : *♦ I promised God, that I would look upon every Prussian peasant child as a being who could com- plain of me before God, if 1 did provide him the best education, as a man and a Christian, which it was possible for me to provide." I have the honour to be, Sir, Tour obedient Servant, E. Ryerson. 87 m strict may leiitiincDts, y political ting »uepi' key hold to nee of our i emissaries I ■ ■ - ' IS of this itics ran erintcn- spirit of ,vas fre- ^as soon )lition in years, itionists, an here- [ualifica- mce his id during it of im- parties. sense of he Chief ood and h to the ) of the 1 School School »uld look lid com- ucation, me to IRSON. [circular.] , il' .'.»■'. I. »■;■■ .•r ■■n>. • ■^•."h'ir u, • " i.''.|i*""K>1 l •;•'•, To the Trustees of Common Schools in Upper Canada^ on their duties under the new School Act^ IZth ^ HthfVictoriOf Ch, 48. •!.wi' !t n> ' . Education Office, ' ' Toronto, 12th August, 1850. Gentlemen, — Having caused the new School Act to be printed, and having provided for sending a copy of it to each of the 3,036 Corporations of Common School Trustees in Upper Canada, I now address a few words to you on your du- ties and responsibilities under the provisions of that Act. . The Correspondence on the Common School Law, which has been recently printed by order of the Legislative Assembly, fur- nishes evidence that in every communication which I have ad- dressed to the Government on the subject of our school law, during upwards of four years, 1 have endeavoured to get both Trustees and Teachers placed in a better position, for the fulfil- ment of their duties and the protection of their interests. 1 am happy that the provisions of the new Act contain all that I have sought for in both these respects ; and I can now con- gratulate Trustees of Common Schools in Upper Canada on their being placed in a position more favorable for the efficient and satisfactory discharge of their duties, than the Trustees of Common Schools in any State of America. . The new Act confirms all past elections, appointments, con- tracts, assessments, rates, &c., while it gives to all parties con- cerned the advantages of its own provisions in the execution of whatever may have been commenced or undertaken under the authority of any previous Act. Nothing, therefore, in any part of our school operations, is, in the slightest degree deran- ged ; but Trustees are provided with additional facilities, as they are invested with new obligations, to fulfil their previous engagements, and provide for the future interests of the schools under their charge. The several clauses of the twelfth section of the Act clearly specify the powers and duties of Trustees, 1 will only ad\ert, at present, to the more important of them. f^ 88 ■)•. Wt :■ m !|! 1. As the Representatives of the people in the Legislative Assembly determine the amount of money to be expended for any object, or the salary of any public ojQicer to be employed; so the Trustees, as the Representatives of the people in a School Section, have the sole power of determining the amount of the Teacher's salary, and of the incidental expenses of the School. They can also procure such apparatus and text-books as they may judge expedient for the use of the pupils in the School. But the manner in which the salary of a Teacher and other actual or estimated expenses of the School shall be raised, is left to a public meeting of the tax-payers, to be called for that purpose. Then, if the whole of the expenses are not thus provided for, the Trustees have authority to raise the balance in such manner as they may think proper, either by voluntary subscription, by rates on parents sending children to the School, or rates on all the rateable property of the School Section, Trustees themselves (and not a magistrate) issue the neces- sary warrants for the collection of all rates levied by them on resident rate-payers. Trustees can also, if they so desire, petition the Township Council in behalf of any lawful meeting to impose School Section rates, and the Council is required to give effect to the request of such meeting, as expressed by the Trustees. The Common School property of a Section is no longer vested in the Municipal Council, but in the Corporation of Trustees, and is therefore liable for debts contracted by them. Trustees, are, therefore, furnished with every needful security and means to enable them to establish a good school and pro- vide for its efficient support. Faithful Trustees are provided with a still further protection and assistance, in the penalties which the Act imposes upon those Trustees who refuse or wil- fully neglect to perform their duties. It has sometimes occur- red, that Trustees have been thwarted or embarrassed in fulfil- ling their engagements, or doing their duty, by one or other of their colleagues refusing to act, and perhaps, in some instances, actually supporting an opposition school. The 16th < Toronto, Utk Augm$t, VSOO. Sir, — ^The new Common School Act for Upper Canada is now printed and distributed to all the municipalities and School Sections. It may be regarded as the great charter of Common School Teachers in Upper Canada. It stamps their profession with new importance, and throws over their interests and character the shield of a new protection. I can now say truly, that T know of no State, where a popular School system exists, in which the rights and interests of Teachers are so efiecturJiy , *otected, as under the provisions of the new School Act for Up|>?s O'anada. The pages of the ** Journal of Education'* and the *' €o' respondence on the 8^ol Law" lately IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 us u - "21 12^ 2.2 2.0 ■ 40 1.8 U 11.6 I Photographic Sciences Corporation * \ ^ ^ ^ v\ 23 WEST '.!)AIN STREET WEBSTIR.N.Y. MSSO (716) e/.:-4!:>1 o sk ■\f. <^ f/. 02 IliH 1. t ■ ■ printed by 0|rder ,of the Legislative Assem^bly) attest the feelings I have entcr^ainect and the enbcis 1 have piade to elevate the pos^idn, projlect the, rights, atid ifppirove t3ie circumstances of School teachers : and I rejoice to witness the enactment of a law so far eatijsftictbry oh this ctiibjed, as io prompt W) fof the first time durityg .Tiy five yeafs^ occupahcyjbf office, to actdress inofficial di'cular lb, 't^pachei'sV-helTeving that their position and prospects are now SAi^cjentl^ encouraging to justify nie in holdiiig up the pro- fession of a 'Teache^ at a cbmtofiable lis well as respectable and useful employment for liife. ^. l*be ne)V Aci ))r6vides Trustees ojf Common School« with grater faciMtiesfor raisine^ the salaries o^ Teachers and furnishing llie Schools with all liiee^nil maps, apparatus, a|id text-boolcs, than t knbVv of in any oilier couiiti'y ; while, at the same time, it makes corresponding provision for the punctual payment of Teachers, both from the Schobl Fund iind School rateis. Vou have only to study 'carefully the provisions of the Act to be impressed with the con- viction, th^t they have l^ien conceived in ihe spirit of the warmest regard for Che Interests and e^tiency of the Teacher^s profession, and contain all th^at can be secured by law to a Teachef) tinder a system of local self-governnient) where the patronage and emolu- ments of ^ach $c1ioo1 (beyond the amount of the School Fund apportioned to each School Section) are in the hands of a local elective Corporation^ and not of a central Executive, as in other systems of governjfnenl. The facilitres for Normal School Instruc- tion to all Teachers who wish to avail themselves of it, ar^ also gireater, UQder the Ilfcevftl provinioiis of the new Aeti thim in aliy other country in America. v A taluable series of uniform text-hccks coming so. generally into use, and the Trustees being authorized tn supply ail the pupils with them, cannot fail greatly to relieve and facilitate the lAbours. of the Teacher* It will also be (4>6erved, in the Regulations which have been m^de tiy the Council of Public Insiruotibn (.under the provisions of the new Actj) that the inde- penience of the "K^eacher, in the teacliin^ and classification of his ^cHo.oVis,piac|^^ beyond petty interfei^ence or individual tyranny. ITnder the moire effective system for examining And licensing Teacherd a^ provi^j^d. for hy the. new Act/ and, the Programme for the ,exam,|nat'^Qp anBclassifipatioQ of Te^c!hers to be prepared, by the/CpupciVof i^uWp InslracU^ ja 'pfoper line of dei^arcf^tion w|ll bedniwn b^tweetf/Tetcbers ac^oraing to their relative qualifier ijons, lie 1>^ '(^ feelings I te posUidn, of School aw so far first time an official prospects up the pro- etable and liool« with furnishing oolcsi than }, it makes ihers, both \y to study I the con- e warmest profession, r, under a md emolu- hool Fund I of a local I in other si Inslruc- '■f nr^ also in in ally ext-bccks lorized to slieve and lerved, in of Public the inde- n of his tyranny. licensing iQome for pape4 by Uion \if^\ fio^ijons, 08 and ijhJh Teacher will acquire the position and advantage io which he ill entitled. 3. Such being your position^ relations and prospects under the provisions of the new School Actf I am desirous of making a few general remarks and suggestions relative ta your future conduct. Your general duties are prescribed in the several clauses of the $txteenih section of the Act) and the rules aeceording to which you are to conduct your School) will be found in the third and Jifik sections, Chapter vij of the General Regulitions for the Organiza- tion, Government, and Discipline of Common Schools, adopted by the Council of Public Instruction. I ho]^ you will meditate upon, and make yourself thoroughly acquainted with the intention and spirit of these requirements of the law and of the regulations authorized by it. What I have now to offer is of a more general character. 4. Permit me first to say* value your profession. If you do not value it, others will not But do not show your estimate of it, by assuming lofty airs, or making lofty pretensions ; but by making yourself thorougly master of it, by devoting yonr energies to it, by becoming imbued with its spirit. Let your actions speak, and let your heart feel If an orator would have his audience feel, he must first feel himself; and if a Teacher does not feel, and does not give proof that he feels, the value and importance of his work, can he reasonably expect others to do sol We often hear it said, " Teachers are not respected." But is it not almost as often true, that teachers do not respect themselves — that they do not act res- pectably — that they themselves provoke tha disrespect of which they complain. A Teacher cannot be made respectable by Act of Parliament. He must make himself so. In every ordinary em- ployment of life, a man who acts upon high principles, and shows that he understands and values his business, will invariably com- mand respect. Nor are the Teacher and his work an exception to the general rule. Nay, wherever a teacher has shown himself the possessor of noble principles, and that he understood and loved his work, has he not commanded respect, and soon acquired command- ing influence in the neighborhood of his residence 1 I am persua- ded that the people of Upper Canada do not, to any considerable ex- tent, disrespect teachers worthy of respect. A people in so young a Province^ and in the infancy of the school system, who voluntarily taxed themselves last year to the amount of ivfo hundred and feven* i3 8t M,. I ■ .; ttf-^e ihoUHtnd dtdUeri (^ontideraUy more in proportion to popula- lion than the amount raised last year by the people of the State of N. York) for $aiariei of TetchereTi^otie-^^irrespective of the legislative ichool grant, and of the aunw aiseitted and collected for the erection of school-houses and thd incidennil expwisef of schools— cannot but respect every respectable Tsfidher, It is true that narrow and mdan riews ato entertained by sotne as to the amount of a teacher's remuneration, but the samo persons entertain similar views as to the remuneration of alii public officers. But the number of these enemies of knowledge and "petty tyrtnts of mental labour, will diminish as intettigencd' and manly virines advance in society. The largfe increiase which has already, in many instances, taken place in the ialaribs of efficient Teachers^ 'and the increasing de- mand for duch Teachers in various patts bf the Province, indicate a progress full of encouraging hopes and anticipations for the future. 5. Then, if ybu valud your profesBion y«)urself, employ the proper means to give it a place, not only in the esteem, but in the interest and sympathies of others. The profession of a Teacher is a means to an end ; it exists not for the sake of the Teacher himself, but for the interests, of society. It is k wOrk indispensible to the progress and well-being of society. What is the Teacher's work 1 It is to develop the mind, to mould the heart, and to form the character of the future citizens, magistrates and rulers' of our land ! It is to teach and implant that which is the only true guarantee of liberty, ord«r, and social stability ^^the essential element of a country's prosperity and happiness. jShow that you sympathise with these objects— that your heart is in them — that your thoughts and aims do not terminate in yourself alone, but embrace others, — and espe- cially encircle the rising generation. Such a spirit, like heat in the atmosphere, will be diiRisive. Others will imbibe it ; the indifferent will become interested, and the selfish will begin to feel the impulses of intelligent generosity ; parents will become increa- singly anxious fCr the education Of their children, and children will become increasingly anxious to be educated. In any neighbor- hood, both in town and country, where any youth are allowed to grovir up uneducated, a Teacher should be an educational missiona- ry, as well as an educational pastor ; and every instance of success will add to his influence and means of support, as well as useful- ness. No class of men in the country will derive so large an individual advantage from the progress of society as School-teach- ► papula- UeofN. ve erection nnot but rrow nnd teacher's ITS as to of these >ur, will society. iBf taken sing de- dicate a e future. e proper interest a means 'j but for progress It is to racter of It is to liberty, ountry'a these nd aims id espe- heat in ; the to feel increa- hildren ighbor- )wed to ssiona- mccess useful- rge an -teach- erS} and they ought to be intent in efforts to excite every sentiment and feeling, and to procure and circulate every publication, which will tend to diffuse education and knowledge: A Teacher who folds his arn s in slothful inactivity — neither improving in knowledge himselt, nor advancing it among others— >and yet eomplaintng that no Hercules comes to his relief, deserves neither respect nor assist- ance ; while the Teacher who nobly exerts himself in both acquir- ing and diffusing knowledge, will receive both emolument and res- pect, if not admiration and applause. 6. The mutual intercourse of teachers — mutual visits to each others' Schools— ^forming, and meeting occasionally or periodically in Associations for mutual improvement, and the promotion of prO' fessional objects,— which are no other than public interests ;-^these and kindred measures, in connexion with professional reading and industry, cannot fail to contribute much to the success, enjoyment, and social standing of teachers. Professional friendships will be formed ; professional feeling will be enkindled ; professioiuil zeal and emulation will be exerted ; professional skill and usefulness will be improved ; and teachers will be more respected by the commu- nity at large, by thus evincing proper respect for each othen Faithful teachers have alveady on their side the enlightened part of the community, the press, thei pulpit, and the Legishiture. Let them be true to themselves and to their profession. Lord Bacon has said truly— "Every man owes a debt to his profession". On one occa- sion some weeks since, I felt pained beyond expression, in witness- ing certain members of the Bar chiming in with a senseless and shameful clamour against a profession, to members of which the American people have at this moment entrusted every department of their supreme government, and to. the intelligence and patriotic advocacy of which Upper Canada is indebted for every vestige of her constitutional and municipal government, and the most valuable statutes of civil and criminal jurisprudence, as well as the largest facilities for public education, and some of the finest examples of personal and social virtues. I hope that no temptation ta pander to the passions of prejudice, ignorance, or selfishness, will ever in- duce you to forget the debt which you owe to your profession. Seek to have it purged of every inebriate, every blasphemer, every ignorant idler who * cannot teach and wilfnot learn ;' and do what in you lies to stamp upon it the character of intelligence and virtue, and make it worthy of that high respect and liberal support which an en- lightened people will readily award to able teachers of their offspring. I " m 7. I would also offer a word of caution against diicouragement in your workf or disinclination to it, on account of its comparative obscurity. It is true, tlie circle of your daily labours is narrow, and the results of tfaem are remote ; there is little variety in your employment, and the monotony of it is only varied by quarterly ex- aminations and short vacations. It therefore requires more than ordinary patience, perseverance and benevolence to pursue your work, month .after month, and year after year, with unabated zeal and energy. Yet your work is now a public profession, recognized by law, and none but a Teacher examined and licensed according to law, is permitted to receive a farthing of the public School Fund, any more than a person not examined and admitted to the Law Society, is permitted to practice as a Barrister at Law. And th6 results of the work performed in the humble school-house, though remote, will not be uncertain, and may one day appear in the high- est position of a free people's gift, or in the most important affairs of a nation's diplomacy, or in the most honoured relations of parental and social life. The commo a school-house is the sole educational college for the vast majority i^^ *.he present youth and future fathers and mothers of our country. 1 hat accomplished scholar and elegant writer. Dr. Jared Sparks, President of Harvard University, traces his early training, and several years of his apprenticeship in teach- ing, to the common school ; and the great American statesman and orator, DamiblWbbstbr, is accustomed to refer to the common school as his first alma materj in which was laid the foundation of his future character. Through long months, and in retirement and solitude, the Italian painter occupied his brush on a single piece of canvas; but that canvas has, age after age, imparted instruction and delight to hundreds of thousands. For years did the Grecian sculptor, in almost exiled seclusion, employ his uhisel on a single block of mar- ble ; but that marble has survived the wreck of empires, and still commands the admiration of the refined of all countries. Let the practical philosophy of these facts be engraved upon the heart of every right-minded Teacher, and it will sweeten his toil, and add fresh attractions to every successive year of his increasingly skilful and efficient labours. I remain. Sir, t . - iv f ' L,!j; : . Your faithful friend and servant, £. Rtbrson. ;!(:..! 5*: r- ragement iparative I narrow, in your terly ex- iore than suD your ited zeal cognized >rding to ol Fund, he Law And th6 , though lie high- it afiairs parental icational i fathers 1 elegant Yf traces n teach- En and ichool future lolitude, canvas; delight ptor, in of mar- nd still Let the leart of Lud add skilful lOJK, 07 ~i- NOTICE TO TBE LOCiAL SUPERIlfTENUENTS OF SCHOOLS, ,; AND TUfi TBVerr^Va of DISTftlCt OaAnMAR SCHOOLS TROUG^- ;vf„': tf. A.,;.;,.,!.:.:!,^:,; a^j.^.m. ,'.v:E»ucATipif Office, .> -- ..I .: ..- ,') in'<»i;t • , , I transmit you herewith a copy of the Programme for the Examination and Classification of Teachers of Common Schools, which has been adopted by the Council of Public Instruc- tion, as required by the School Aot^ 13Ui and 14th Victoria, chapter 48 ; and I think it proper, at the same tiste. to make a few ex{dflna- tory and practical remarks on the subjeott .[ i.LUHh^u.m'inp": . L You will observe that the standard of qualifioatk»is prescribed for each class of Teaohers, is extremely low ,^-«-lower indeed, than in strict propriety it ought tobe—- lower than it is for Common School Teachers in Ireland— lower than it will doubtless be in Upper Can- a4a in the course of three or four yesrs. The standard here laid down for Jint class Teachers, will probaibly soon be applied to second class Teachers, and^ that of second, applied to <^^ class Teachers, a.id no persons wiU be admitted into the public schools ^ 9() » '!» "}>\. legally qualified Teachers whose qualifioations will not enable them to secure a second class certificate according to the accompanying Programme. But tlie Council of Public Instruction has had regard to the present circumstances of the country, to the fact that this is the first step which has yet been adopted for establishing an uniform standard and system of examination of teachers throughout Upper Canada, tt is painful to think, that there should be a necessity in any part of the Province, to license persons as teachers with no higher qualifications than those required of third class teachers in the accom- panying Programme ; but it is hoped such a ncessity will not long exist : and every teacher of this class should be impressed with the consideration, that if he wishes to be recogn^ed in future years as a legally qualified Teacher of Common Schools, he must apply himself diligently to the acquisition of higher qualifications. The profession of School-teaching can only be efficient, and influential, as the qualifications and character of its members are respectable and elevated. The accompanying Programme states the minmum of qualifications required for each class of certificates. 2. But the first, and perhaps most important duty which devolves upon you, is that wliich precedes an examination into the intellec- tual qualifications of candidates. The law expressly declares, that *^no certificate of gual\/uMtion $hall be given to any person at Teacher t toko shall not furnish satisfactory proof of good moral character" This is a vital point on which you are called to pass a oonsoientious and Impartial judgment) before you admit any can- didate to an examination. The law of the land thus makes you the moral guardians of the ohildren and youth of your respective coun- ties, as far as depends upon the moral oaaracter of their Teachers, the same as the Divine law makes you the guardians of your own ohildren ; and you should certainly license no character to teach the former, whom you would not permit to teach the latter. Many representations have been made to this Department respecting, in- temperate, and profone, and Sabbath-breaking Teachers. To what extent these representations are well founded, is not for me to say. But when so many parties have been individually authorized to license Teachers, it were not surprising if isolated individual firm- ness should be overcome by the importunity of a candidate in some instances, backed by requests of inconsiderate Trustees. Now, however, you meet in Council ; the candidates come bef(Hre you on oommon ground ; you judge of the "moral character" of each by a 99 eoromon rule : you are less liable to those plaintiTe appeals and pleas which have so often been pressed upon the feelings of individual Superintendents and Visitors. I can not but regard it as your special mission to rid the profession of common school teaching of unworthy characters and of wholly incompetent persons, to protect the youth against the poison of a vicious teacher's example, and to lay the foundation for greatly elevating the profession of school teaching, and greatly increasing the efficiency and usefulness of Common Schools. The moral character of teachers involves the deepest interests of our offspring, and the widest destinies of our country. No lax expediency or false delicacy should be permitted to endorse a person of irregular habits or doubtful morals as a " good TMral duiracter" and let him loose upon society, autliorized and certified as a duly qualified Teacher of its youth. I am sure you will agree with me, that your certificate should state what you believe to be strictly true, and therefore be a guarantee to Trustees of Schools and parents of children, in regard to the moral character and intellectual qualifications of every Teacher whom you shall license. 3. As to your examination of candidates in the Several subjects mentioned in the Programme, I had at first intended to have pre- pared some general questions on each subject, as hints both to ex> aminers and candidates lor certificates of difierent classes ; but on further consideration, I found it would occupy too much space, and might probably be better left to the discretion and judgment of Examiners themselves. I would only suggest, therefore, as all the candidates present at any meeting of a County Board of Examiners will probably be examined in a single class, the candidates entitled to the lower class certificates may be relieved from remaining (ex- cept as mere spectators,) at the continuation of the examination of those who are deemed competent to be examined in the subjects prescribed for the higher class certificates ; and that as the object of the examination is, to ascertain not only the nature and extent of the attainments of the candidates, but their capacity to teach others what they know themselves, the examination, in each subject of the programme, should be specially adapted to elicit this primary quali- fication of a good Teacher, as also his knowledge of school organi- zation, classification, and government. 4. It only remains for me to advert to the mode of calling the first meeting of Cqunty Boards of Public Instruction, and of holding u 100 their future meotings. As the mode of calling tiie first meeting iis left ma a matter of inBtruetion from thit Department (section 35, clause 3.), I have thought it would be most oonremont fbr the mem- bers of eaoh County Board to toeet about the middle of November, and have aj^ined that time aooordingly. Eaoh County Board orlco aasembledy will ever after, aceording to law, appoint the times and places of its own meetings. It is submitted, whether the first meet- ing of eaoh County Board of Public Instruction would examine Teachers at idl ; whether the members present at such meeting might not consider and determine their mode of proceeding in the admission of candidates to examination, and in the mode of examin- ing them— •assigning to one or more members the duty of con- ductmg the examination in each branch or subject prescribed in the Programme ; and then appointing the time and place, or times and places for the examination of Teachers-Diving due publicity of the same. As but three members of the County Board are required to be present at any meeting for the exkmination and licensing of Teachers, they might at a general meeting agree to meet in sections of three or four members each at places most convenient for the examination of Tdachers for different specified portions of *the Couaty^^espeoially if it be large. As by the Idth Section of the Act, tiie certificates of qualification to Teacherd, given by local Superintendents, are valic^ during the current year, the meetings and proooedings of the County Boards will have reference to -351 and future years. > No branch of a system of publio instruction has ever been brought into operation in any country, without mu<^ anxious toil ; atid the efficient commencement of this most important and too long neglected department of our school system, will require no inconsiderable labour and much patient and earnest purpose to promote the welfare of the rising generation. The more serious and difficult part of the task will soon be aooomplii^ed, while the results cannot fki\ to be extensively beneficial, alike upon the application, the aspirations and im^ovements of Teachers, the character of the Schools, and the prepress and interests of the pupils. I have the hbiior to be, ' ** ' '^ Gentlemen, .. ; ..,',, Your most obedient servant, ,. j-.'..-^ ''-^J E. RYERSON. ■X. 1i 101 .1 I'll I.I- PROGRAMME '.'^ 7'i'ti, ■■<:, i' Of Hu Examinaiiii and Clasrifieatum of Teaehen of Common SckooUy preMcrihed by the Council or Public Imstruction for UprBR Canada, as required by the Actj IZth and \Ath Victoria, (kapter 4A^ KctUm xxxvnu TO ac IN ronci until repealro or revised SY IAIO COU.fCII.. ,;-!.•.'{, Xiff.— Candidates Bholl not be eligible to be admitted to examination, until they shall have Airnlshed the Examiners with satisfiictory evidence of their suicily temperate habiia and good moral character. -'hS' L Qualifications of Third Class Teachbrs. Candidates for certificates as Third Class Teachers, are required : 1. To be able to read intelligibly and correctly any passage from any common reading book. 2. To be able to spell correctly the words of an ordinary sentence dictated by the Examiners* 3. To be able to M'fite a plain hand. ' ■, ', ,<.i 4. To be able to work readily questions in the simple and compound rulea of Arithmetic, and in Reduction and Proportion, and be familiar with the principl<>s on which these rules depend. 5. To know th^ elementsof English Orammar, and be able to parse any esey sentence in prose. 6. To be acquainted with the elements of Geography, and the general outlines of the Globe. 7. To have some knowledge of School organization and the classificatioa of pupil*. ' ' ' •. a •\.<- U. Qualifications of Skcokd Class Tsachbrs. , m Candidates for certiiioales as Second Class Teachers, in addition to what is required of candidates for Third Class certifioatei, are required : 1. To be able to read with ease, intelligence, and expression, and to be familiar ui«h the pnnriplep of reading and pronunciation. IP?! U 'r im . i a. To write n bold free liaiid, and lo be acquainted wilh the rule* ol i»'»tchiiiy writiny. :i. To knuw Fractions, JpMoluticii, l^i'8^ any sentence in prose or poetry which may b(t oubiuittt;d ; to write graromati- (^ally, with correct spellins^ and punctU'ition, the substance of any passages which may be read, or any topics which may be suggested. 6. To be familiar with the elements of Mathematical, Physical and Civil or Political Geography, as contained in any School Geography. tU'it* "kU liiau .11' JAindi ;« t !>■ H'ri!/!),'./ • " li- ;, . •« t\>.> '. . : ,i/'.'J.- *i f lllfclfc t it~.y\-\.V,, f.r .•'ti--i»t''\-. ■' ,li'i' — — — ; :!;, i, .<- .mSi|.',...| -.rt ■ •i.;H.J f»VH.l /' III. QUAL1FICAT10>S OF FlKST ClaSS TeACHERS. '. - ■ < ..:: ., ■.■..'. Candidates for certificates as Firot Class Teachers, in addition to what la required of C^ndidat^es for Third and Second Class oerthi- fioates, are required: iS'rt n-i im,; ;!4h.,;fimn. i,, ,,. ., . . r.,> ,, j .< J. To be acquainted with the rules for the mensuration of Superficies and Solids, ana th** elements of Lan.' Surveying. ' ';* 'w:! . v, ,,'1 ., ii. 1 2. To be familiar with the simple rules of Algebra, and be able to solve pnblems in Simple and Quadratic Equ»fi6n8. •■ 3. To know tHk first foiir Books of Eudid.'' ''^' • ^ '-' ••!.«.! .T .t> 4. To be familiar with the eleinenta^adioutline^ol General History, 3. To have some acauaintance with the elements of Vegetable and Animal Physiology and Natural Philosophy, as far as taught in the Fifth Book of the National Readers. 6. To understand the proper organization and managemeat of Scnpols and the improved methods of leaching. KB.— Female candidates for tirst class certificates will not be examined in the subjectf mentioned in the first three paragraplis under this hiead. By Ord6r of th« Council' dP Public Instruction for Ut)peJ Canada. .twijiwhrt -Ii ,rt-Mi:>*:'/i v^iilv^ •»..-..>; j^ Georoe HoDoiNti,- :- '• ' EptcATioN Ornci, Toromto. ■ Jditpttd f*« ifd dhf if Oddher, IBM. "'■ •'*" ' '" ■' '•«"■ '>' •*" "» - » * 103 •general form OF CERTIFICATES OP QUALIFICATION FOR COMMON SCHOOL TEACHERS IN UPPER CANADA. To bt fronted by County Boards of Public Imtruction, in aecordanet v>itk tht Joregoing Programme qf Examination. V A- SThiSfS to Certffg, that of the folth, having applied to the Board of Public Instruction for the County [School Cifvitor United Counties] of for a j. I , ; IIV«i: I .. ;i; 1.) • i'l : . ' ' ' RRRATUH. K|C t4, twentfOrgtMiic «rom 'Jm lOp, tor •♦ aiHtaoriwsl" r«Ul " una»Kh«i/.el.'^ Si-.; x> 'N ■■.■ li'' ' , '!■ i-J'!!?!"! ) .hi!:'! ■ ■ \ * ■.•.i> .% ,, ■■ J, ,! : •>,- II..,..-. • '•' • •-■\-."( ». i< .,\N , •■m\... • , ' ■ i . ^■■ ' ' . ■'. . • ,\--'. ■■ . ' -■\ ,' ", .> ■,. ■..-, I •*• ' .,;!..' i.. .'. I J ^i..) - .* ffi j \'l^ ,! • If! AN ACT ^upjlementaii ia % €mBm 3t\ml %ti ' roa UPPER CANADA; TOGITHSa WITH THB OmCULABS ADDRESSED TO VARIOUS OFFICERS OONOERNED IK THE ADMINISTRATION OF THE SCHOOL LAW: kR BT THX TORONTO: ntttCTBD FOB tBB OSPABTHKNT Or PUBLIC IMSTRVOTION lOB UPPER OAHADA, ST LOYBLL AND OIBNV. 1W8, *«c ^i^:'i l\ ' ■• i ■^- .f i..? ■,' > ■ "t •Vv, y M Ki.;-',!«^*W'.V ■'€,. I CONTENTS. GxhiEBAL RCMAQKS. SUPPLEMENTARY COMMON SCHOOL ACT OP UPPER CANADA. I. Boards of School Trustees. Section 1. II. Separate Schools. Section 4. III. Common School Trustees. Section 5. • IV. Local Superintendents of Schools. Section 1 4. v. Miscellaneous Provisions. Section 15. OFFICIAL CIRCULAIU3 PROM THE CHIEF SUPERINTENDENT OF SCHOOLS. I. To Local Superintendents of Schools. II. To Trustees of Common Schools in Townships. III. To Boards of School Trustees in Cities, Towns, and Villages. IV. To County Clerks. , ,1 i r > ,' ' GENERAL REMARKS. THB ACT SUPPLEMENTARY TO THB COMMON SCHOOL ACT FOR XJPPfiR CANADA Is destined, in our opinion, to exert a more powerful influence ilil extending and elevating the system of Elementary Education in tipper Canada, than any School Act, which has preceded it ' ' We will not here repeat the remarks which have been made on Che several provisions of this Act in the Circulars accompanying this notice, addressed to County Councils, Local Superintendents, and Trustees of Common Schools. We will offer in this place a few general observations : — 1. We observe^ in the first place, that the Supplementary Act does not r^)eal or alter any of the general provisions of the School Act of 1850, but pnovides for wants which the progress of the school system hascfeated, and remedies defects which observation and experience have detected. The one act does not supersede, but supplements the other. The latter act is the completion of the former. The two form Ik whole. 2. By the provisions of the latter act, combined with those of the former, the^whole system of Elementary Instruction in Upper Canada is placed upon a broad, deep, and permanent foundation. An addition of one-sixth is made to the Legislative School Grant for Upper Canada; the completion and support of the Normal School are fully provided for; provision >» made for the gratuitous circulation of the Journal of Education to all the School Sections and School Superintendents in tipper Canada; an annual sum is granted to commence a Provincial Museum and Library ; the commencement of an annual fund is made for the support of superannuated or worn-out School Teachers, — a pro- vision of the utmost importance towards establishing and elevatmg the noble profession of school teaching. no 8. The o£Bce of School Trustee is invested with great power ; and is, therefore, one of great respectability as well as of responsibility. The effect will soon be the selection of the best qualified men in each School Division to this vitally important and powerful office. Motiyes of economy will dictate this, no less than regard for tho interests of the rising generation.^ Many ignorant men, feeling their own deficien- cies, would do good as School Trustees, if they knew how. Educated Trustees can manage a school and its interests more economically, as well as more efficiently, than uneducated Trustees. A school must be kept open in each School Section six months in each year by a legally qualified Teacher, or the Trustees of such Section incur personally the forfeiture of the amount of the School Fund apportioned to such Sec- tion for the year. No opposition of individuals or of meetings can pre- vent Trustees from levying and collecting, from time to time, such sum or sums as they may think necessary for school purposes; and the most formidable obstruction which can be erected in any School Sec- tion against the general attendance of pupils at School, is the voting of a rate- bill of one shilling and three pence a month, or about three pence half-penny a week, for each pupil, — a charge too small to prevent a full attendance of pupils at every well-taught and well-furnished school 4, The several sections of the supplementary Act which remove doubts as to certain provisions of the School Act of 1850, which secure to each school division the advantage of all the taxable property situated with- in its limits, and the collection of all rates on the lands of absentees, which provide for proper descriptions of all school sections in each township, which relate to disturbances of schools and law-suits, &c. &c.f cannot fail to be eminently promotive of the interests of schools. 5. The same remark may be made in regard to the 4th section of the Supplementary Act which relates to separate schools. It will be seen by this section. 1. That no separate school can be established or continued, otherwise than on the conditions and under the circum- stances specified in the 19th section of the School Act of 1850. 2. That no part of any Municipal Assessment can be applied, and no Municipal Authority or officer can be employed to collect rates for the support of any separate school — a great restriction and improvement In the School Law, as it has hitherto existed on this subject. 8. That if any persons, whether Roman Catholic or Protestant, demand a sep- Ill arate School iu the circumstances under which it !nay he allowed, they must tax themselves for its support, and they must make returns of the sums they raise, and the children they teach — a regulation which has not heretofore been required,but which is rendered necessary in order to make out the School Assessment KoU, and to determine the School Collector's duties. 4. That separate Schools are subject to the same inspections and visits as are all Common Schools. 6. That all ground and semblance of a complaint of injustice is taken away from the sup- porters of a separate School, while they cannot any longer employ Municipal authority and Municipal assessments for sustaining their school. 6. That the supporters of separate Schools cannot interfere in the affairs of the Public Schools. If separate Schools have not hitherto endangered our School system, there is still less danger of their being able to do so under the Supple mentary Act, the provisions of which put it out of the power of any opposers to shake the foundations of that system, or get up a plausible pretext of agitation against it on the plea of religion or justice. The withdrawment of a few persons, here and there, from the support of the public schools, will scarcely be felt by the people at large, even in a pecuniary sense, while they will have the advantage of making^ the public schools more perfectly ^at they wish them to be in a religious and moral point of view. Upon the whole we anticipate the happiest results from the opera- tions of the Supplementary School Act, and recommend its attentive perusal by all friends of universal education, and its careful study by all councillors, superintendents, and trustees of schools in Upper Cana^ ^» ^ ■>*■ II {AN ACT ti^i ' A^Tfd s^ifo-hlfcim, i^dtoktM rHoinM, cAPiff ctiiUf. ll. AN ACT SUPPLEMENlARy TO THE COMMON SCHOOL ACT OF UPPfifl CANADA. Preambb. WHEiLEAS tt b eti^diettt to mskti siMne fur- ther provision f6r the improyemeAt of Cotmiioii Schools in Upper Canada^ and to modify and extend some of the prolrisioifs of the Act passed in the session held in the thirteenth t^ihA t4 victo- ^^^ fourteenth years of Her Majesty's Keign, chap- ha, ch. 48. cited, tered fortj-eight, and intituled, An Act for the better •rw* f establishment and maintenance of Common ^ i$c/ioo/« t?} t//9p^ CanofZa, hereinafter called " the Ujiper Canada School Act of 1850 :" Be it therefore enacted by iiie' Queen's Most Excelleht Majesty, by and with the advice ^nd ^6ii^1ii of the Legislative Cduncil and of the Legis^Iative A^semblj* df iiie Province Of Canada, constituted and asseitibled by virtue ot tod tfnder the atithotity of an Act passed in the Parliament of ihi Ufiit^d KiA|denn 6f GUki Britain and Irelafid^ and intituled, Ah Ait to fe-unit6 th6 Prdvindes of Tippet and l/ywet Canada^ and for the GovernmerU of Canada^ and it is hereby enacted by the authority of the same, That the Board of School Trustees in each ^ City^ Town and incorporated Village, shall, in addi- tSSSJ iiory^l tJon to the powers with which t^ey are now legally iSfiStiT'^^^'^*'' ^^^^^^^7 possess and exercise, as far as they shall judge expedient, in regard to each such Cify, Town and incorpdrated Village, all the powers with which th6 Trustees of eaeh School Section are or may be invested by law in regard to Powers of the ®*^^ '^"^^ School Section :* Provided always, that Chairmaa of the the Chairman of each such Board of School Trustees ****^* shall be elected by the Trustees from their own number, and shall have a right to vote at all times, and in case of an equality of votes, the maxim prcesumitur pro negante [it is decided in the negative] shall prevail. Election, Second ^I* ^^^ ^^ »* enacted, that in any Village or Wednesday in Town not divided into Wards in Upper Canada. January. which shall become incorporated according to Law* * See Pamphlet Edition of the School Act of 185U, p. 23, sec. XXI. 113 )MMON mae fur« 'Contfiion 16 of the hirtefenth fUf chap- the better Common lied " the acted by (vice ?nd virtue of titoftb^ iled^ An ^ by the 9 in eiich , in addi- V legally ley shall y, Town rrustees egard to lys, that Trustees leir own case of te [it is illage or Canada, to Law|- Ki; First Election to be oalfed by M(u- nicipal Returning Officer. Election ooil* firmed. an Election of a Board of School Trustees for ^ocb Village tt Town shall take place at the time specified in the seeomd section of the said Upper Canada School Act of 1850; Pro- vided always, that the first Election of such Board of School Trustees shall be called by the Returning Officer appointed to hold the first Municipal Election in such Village or Town, or in case of his neglecting JJt>vi»d*- or, iil to do so for one month, by any two Freeholders in Freehoidei ^* such Village or Town, on giving six days' notice in at least three public places in su(!h Village or Town ; l^rovided, also, that all Elections of School Trustees that have taken place in Villages and Towns not divided into Wards, which have been incorporated since one thousand eight hundred and fifty, shall be and are hereby confirmed, and the acts of Boards of School Trustees so elected in such Villages and Towns, are hereby made as valid as if liuch Boards had been elected for Villages and Towns incorporated before one thousand eight hundred and fifty : Pro- ., ^ ,».,«„ •J J iM • J.M J. ' ax. j /. X ' ^ ♦* School Act, 1880, vided likewise, that in the words " two years " error in Proviso which occur in the second proviso of the twenty- fifth section of the said Act,* the word *< three " shall be substituted for the word " two," and the said proviso shall be held to have and to have had effect as if the word " three" had been originally inserted therein instead of the word " two j'* Provided, nevertheless, that the twenty-fifth and twenty-sixth sections of the said Ac*" shall be con- Proviso, strued to apply to all such Boards of School Trustees. III. And be it enacted, That in case an objection i)eciaration to ba be made to the right of any person to vote at an S* whose'^^voto Election of a SchocJ Trustee or Trustees in any City, Jjjjj''"'^ " Town, or Incorporated Village, or upon any other subject connected with School purposes, the Returning OjBRcer pre- siding at such Election shall require the person whose right of votmg is thus objected to, to make the following declaration :— ^* I do declare and affirm that I have been rated " Oh the Assessment-Roll of this City ^Town or " Village, as the case may he) as a Freeholder (or Householder, as 3 of Sec. 25 cor- rected. * See Patnphlet Edition of the School Acl of 1850, p. 27, sec. XXY. 114 Persons sending children to or 8ul)8cribinifacer lain amount to separate schools to be exempted from Common School rates. ** the case may be)f and that I have paid a public School tax in 'Uhis Ward, (or Village, as the ciise may he)y within the last ** twelve months, and that I am legally qualified to vote at this « Election." And the person making such declaration shall he permitted to vote : i»^ • » I. Provided always, that any person who shall, on the rroviso: Penalty i • a r if • i. j r Mr n lor false deciara. complamt of any person, be convicted of wilfully **""' making a false declaration of his right to vote, shall be deemed guilty of misdemeanor, and punishable by fine and imprison- ment in the manner provided for similar cases in the seventh section of the said Upper Canada School Act of 1850.* II. Separate Schools. IV. And be it enacted. That in all Cities, Towns and incorporated Villages and School Sections, in which separate Schools do or shall exist according to the provisions of the Common School Acts of Upper Canada,! persons of the religious persuasion of each such separate School, sending children to it, or supporting such School by subscribing thereto annually an amount equal to the sum which each such person would be liable to pay (if such separate School did not exist) on any assessment to obtain the annual Common School grant for each such City, Town, incorpo- rated Village or Township, shall be exempted from the payment of all Rates imposed for the support of the common public Schools of each such City, Town, incorporated Village or School Section, and of all Rates imposed for the purpose of obtaining the Legislative Common School Grant for such City, Town, incorporated Village or Township ; and each such separate School shall share in such Separate Schools Legislative Common School Grant only (and not in to share inLegis- any School moucy raised by Local Municipal Assess- a*"ord?ng'toavei ment) according to the average attendance of pupils rage attendance, attending each such separate School, (the mean at- tendance of pupils for winter and summer being taken) as compared with the whole average attendance of pupils attending the Common Schools in each such City, Town, incorporated Village or Town- ship ; and a certificate of qualitication signed by the majority of the * See Pamphlet Edition of the School Act, 1860, p. 9. f Ibid., page 21, secUon XIX. ; also 14 and 16 Victoria, chapter 111. 115 2d Proviso—Re- turns from Sepa- rate Schools to local Superii)ten> deat. Names of supporters — names of children — Hmount sub- subscribed. Trustees of such separate School shall be sufficient for any Teacher of such School ; Provided always, firstly, that the exemption from the payment of such School Rates,as herein provided, ^ Proviso— Ex- shall not extend beyond the period of such persons e'np>io"«f«"n«he sending children to or subscribing as aforesaid for ^S" Rates, the support of such separate School ; nor shall such Conditional Ex- exemption extend to School rates or taxes imposed ^'•'P"""* or to be imposed to pay for School-houses, the erection of which was undertaken or entered into befw the establishment of such separate School ; Provided secondly, Kt the Trus- tees of each such separate School shall, on or before the thirtieth day of June, and thirty-first day of December of each year, transmit to the local Super- intendent, a correct return of the names of all per- sons of the religious persuasion of such separate School, who shall have sent children to or subscribed as aforesaid for the support of such separate School during the six months previous, and the names of the children sent, and amounts subscribed by them respectively, together with the average attend- of pupils in such separate School during such period ; And the Superintendent shall forthwith make a return to the Clerk of the Municipality and to the Trustees of tSent ?o make the School Section or Municipality in which such y"** .•? ^}^^^ separate School is established, stating the names of "*^* all the persons who, being members of the same religious denomina- tion, contribute or send children to such separate School, and the Clerk shall not include in the Collector's Roll for the general or other School Rate, and the Trustees or Board of Trustees shall not include in their School Rolls, except for any rate for the build- ing of School-houses undertaken before the estab- lishing of such separate School as herein mentioned, the name of any such person as appears upon such return then last received from the sajd Superintendent: And the Clerk or other Officer of the Municipality within which such separate School is established, having possession of the Asse^or's or Collector's Roll of the said Municipality, is hereby required to allow any one of the said Trustees, or their authorized Col- Access to RoU lector, to make a copy oi such Roll as far as it shall allowed. relate to their School Section i Provided thicdly, that the provisions Clerk shall not include the sup- porters of separ- ate Schools in Collector's Roll. m :! 116 MProvi»6. Seel. 13 School Act, 1800, ihall apply to leparate Scnoo' iih Pi'oviBo. Trustees of se. pirate Schools to DC a corporation. Their power to •ollfeot rates, fcrC. of tb<^ thirteenth section of the said Upper Canada School Act of 1850, shall applj to the Trustees and Teachers of separate Schools, the same as to Trus- ioois. ' tees and Teachers of other Common Schools :* Provided fourthly, that the Trustees of each such separate School shall be a corporation and shall have the same power to impose, levy and collect School Rates or sub- scriptions upon and from persons sending children to or subsoriyng towards the support of such sepa- rate School ilk the Trustees of a School Section have to impose, levy and collect School Rates or subscriptions from persons having property in such Section or send* ing children to or subscribing towards the support of the Common •th Proviso School of such section if Provided fifthly, that the To have effect foregoing provisions in this clause shall take effect from Jan., i.... * See pamphlet edition of the School Act, 1850, page 16. f Itnd, page 12 and 18, 7th to 11th clauses of the 12th section. 6th Proviso. Support^rdofse^ parate Schools not permitted t6 vole lor Common School Triulee». Trustees of Com. Schools to trans- mit half-yearly returns of aver- age attendance to focal Supt. 117 C. School Trot* tees may hmqiw for 8itei« aud School-hotueSa Proviao. Must call a 8p«» cial Meeting therefui. dance of pupiis in tbeir School or Schools ; Provided always, that nothing herein contained shall be construed to repeal the provisions of the thirty-first section of the said "®^'^* Upper Canada School Act of 1850.* VI. And be it enacted, That the Trustees of each School Sec- tion shall have the same authority to assess and collect School Kates for the purpose of purchasing School sites and the erection of School Houses, as they are now or may be invested with by law to assess and collect Kates for other School purposes : Provided always, that they shall take no steps for procuring a School site on which to erect a new School House, or changing the site of a School House established, or that noay be hereafter established, without calling a Special Meet* ing of the Freeholders and Householders of their Section to consi- der the matter ; and if a majority of such Freeholders and House- holders present at such Meeting, differ from a majority of the Trustees as to the site of a School House, the question shall be disposed of in the manner prescribed by the eleventh section of the said Upper Canada School Act of 1850 :f Provided that such Trustees shall, whenever they impose any rate for School purposes, make a return to the Clerk of the Municipality of the amount of the rate so imposed by them. Vn. And be it enacted. That the Trustees of each School Section shall see that each School under their charge is, at all times, duly provided with a Register aud Visitor's Book, in the form prepared according to law. VIII. And be it enacted, That the Trustees of j^ach School Section shall have authority to take such steps as they may judge expedient to unite their School with any public Grammar School, which shall be situ- ate within or adjacent to the limits of their School Section. IX. And be it enacted. That the Trustees of J«'*>n«irewjn^ each School Section, shall be personally respon^bte fees'Tn "cmS"JJ for the amount of any School moneys which shall n«flriectofdi«y. * See pamphlet edition of th? School Aot of i860, pp. 81-86, f Ibid, page !<*/. Re(j[ister and Visitors' Book to be provided by Trustees. Union of Gora* mon with Qrnui« mar Schools. 'i'; 118 be forfeited and lost to such School Section daring the period of their continuance in office, in cocsequence of their neglect of dutj ; and the amount thus forfeited or lost shall be collected and applied in the manner provided by the ninth section of the said Upper Canada School Act of 1850, for the collection and application of the fines imposed by the said section.* Traliies for de '^' ^^^ ^^ ** enacted, That the Trustees of each layinff their AnI School section shall each personally forfeit the sum nuailieport. ^f Qne Pound Fi*e ShIlHngs for each and every week that they shall neglect, after the^ thirty-first day of January in each' year, to prepare and forward to their local Superintendent of Schools, their School Report, as required by law, for the year ending the thirty-first of December immediately preceding ; and which sum or sums thus forfeited, shall be sued for by such local Superintendent, and collected and applied in the manner provided by the ninth section of the said Upper Canada School Act of 1 850.* w5ih tS*r' "^^* "^^^ ^® *^ enacted, That no agreement be- vaiid in certain tween Trustees and a Teacher in any School Sec- **•*■• tion, made between the first of October and the second "Wednesday in January, shall be valid or binding on either party after the second Wednesday in January then next, unless such agreement shall have been signed by the two Trustees of such School Section, whose period of office shall extend to one year beyond the second Wednesday of January, after the signing of such agreement.f , . , * See pamphlet edition of the School Act of 1860, page 10. f Ail agreetuents between 'rustees and a teacher must be signed by at least two of the trustees, and the t^ncher ; and must have the corporate seal of the section attached to it, otherwitte the trustees may be made personally responsible for the fulfilment of their agreement, should they be sued by the teacher. It should also be entered in the trusteetj* book, and a copy of it given to the teacher. The trustees being a corporation, their agreement with their teacher is binding on their successors in office, if made in accord- ance with the foregoing section ; and should they refuse or wilfully neglect to exercise the corporate powers vested on them, they would be personally liable for the amount due a teacher — see sixteenth clause of the twelflh flection of the School Act of 1850. As to the mode of settlmg disputes be- tween trustees and a teacher, see the seventeenth section of the Act of 1850, (pamphlet edition, p?^e 18), in connection with the fifteenth section of this Aat. — See Chief Superintendent'' s Annual Meportfor 1861, page 208. Id Snch attend- ance, how re<* ported. Exception in certain cases. Xn. And be it enacted, That any person resid- J^J^^J^jJ P"" ing in one Scfaool Section, and sending a child or 'hndrcn (mm children to the School of a neighboring School Sec- ^i^' l^f°^ j^ tion, shall nevertheless be liable lor payment of all which they re- rates assessed for the School purposes of the Sec- SJSt ***** '**"" tion in which he resides, the same as if he sent his child or children to the School of such Section; and such child or children shall not be returned as attending any other than the School of the- Section in which the parents or guardians of such child lt children reside ; but this clause shall not be held to apply to persons sending children to or supporting separate schools, or to prevent any person who may be taxed for Cofr .ion School purposes on property situate in a different School Section from that in which he resides, from sending hi^ children to the School of the Section iu which such property may be situate, on as favorable terms as if he resided in such Section. '« '^ '^^ '>^ Xin. And be it enacted. That no rate shall be imposed upon the inhabitants of any School Section according to the whole number of children, or to the number of children of legal school age, residing in such section ; but all the School expenses of such section shall be provided for by any or all of the three authorized methods of voluntary subscription, rate-bill for each pupil attending the School, or by rate upon property : Provided always, that no rate- bill shall be imposed exceeding One Shilling and Three Fence per month for each pupil attending: the School. rV. Local SupuEii>rrENDENTS op Schools. XIV. And be it enacted, That any person who ^^al Supu. to has been or may be appointed Local Superintendent fn"AprUor° '^^ of Schools, shall continue in olfice (unless he resigns ^°»8"' or is removed from office for neglect of duty, improper conduct, or incompetencT; until the first day of April of the year following tbat of his appointment : Provided always, that no i»t Proviso. Shall Local Superintendent shall be a Teacher or Trustee «<>» »« a Teacher of any Common School during the period of his °' ''""*''"• being in oflBce: Provided, secondly, ihat 90 Local SJiK*^^**"*' No rate per as* pita shall be iiiu posed upon obiU dntu How school ex- penses shall b« provided. No rate-bill shall exceed Is. 8d. per month. 9d Pmvteo— Re lating to Visits. 120 Svperiiaiteiidetit isMI bie required wnless ^e ^all judge k €xpedieat (c^xc^pt wkh p^ y^w to the ad* justment of disputes), or unless directed to dti so by tbe Muqiqipu^ lity appointiag him, to jnajce more than twro officii Yi#i^ jto ead^ School Section under his charge, one of which visits /shall be mad^ some lime between the first of April and the first of Octpber, and tbe other ^ometiaie between the first of October 9n4 wrSSSSTto**" *^* ^^^ ^ -^P^*' • ^°} *^» thirdly, that the Local Union Schools^ Superintendents of adjoining Townships shall have fMithority and are hereby req<«ired to determine th? sum or sums which shall be payable from the School appprtionmenl^ and assessment of each Township in suppcM't of Schools of Unipj9 School Sections consisting ^f portions of such Townships ; and they shall also determine the nftaaner in which such 4th Proviso, sum or sums shall be paid : Provided, fourthly, that in the event of one per«ion being Local Superintend dent of both of the Townships concerned, he shall act in behalf of such Townships ;, and in the event of the Local Superintendents of Townships thus concerned not being able to agree a» to the sum or sums to be paid to each such Township, the matter shail be referred to the Warden pf tbe County or Union of Counties for final decision : Provided, fifthly, that each Local Superintendent of Schools shall have authority to appoint the time and place of a Special School Sec-> tion Meeting, at 9,nj time and for any lawful purpose, should he deem it eij^pedient to do so: Provide^ sixthly, that each Local Superintendent pf Schools shall have. authority, within twenty days after any meeting for the Election of Common School Section Trustees within the limits of his charge, to receive and investigate any com- plaint respecting the mode of conducting such Election, and to confirm it or set it aside, and appoint the time and place of a new ^.lection, as he shall judge right and proper: ciaUnd'Sihed' i^rovided, seventhly, that each Local Superintend- ccrtifioates to ent hall have authority, on due e^^amination {accord- TeachejM. j^^ ^ ^^^ programme authorized by law for the ex- amination of Teachers),* to givt any candidate a certificate pf qua- lification to teach a School within tbe limits of the charge of 6th Proviso — Spe eittl School 8«o- aion Meetings. 6th Proviso— In- vestigatinKEIec- tiun Complaints. * See pamphlet edition of the Aot of 1860, pp. 10M08. he shall 9 the ad- luqiQipai* » tjo eac^ be made ihei% mi :ober a^d be Local lall have rmine tb? 'tioomepi; 9f Unipp ips; and hieh such tbljr, that iperiQteA" behalf of indents of le sum or J referred Counties Lcb Local fhority to lool Sec- I purpose, Providet, Schools after any Trustees any com- , and to of a new proper i erintend- {accord- i!r the ex- te of pa- harge of* a 121 Bttch Local duperintendent, until the next ensuing meeting (and,, no longer) of ilie County Board of Publip Instruction of which such Local Superintendent is a Member ; but no such certiticate of qualitication shall be given a second time, or shall be vaUc|| if given a second time to the same person m , the same County : Provided, eighthly, that in the w^lS'inVfiii event ol a Local Superintendent of Schools resign- vacimcy in office ing his office, the Warden of the County or Union ° ^'^ "*'** of Counties within such Superintendent shall have held office, sh.\ll have authority, if he shall deem it expedient, to appoint a fit and proper person to the office thus vacated until the next ensuing meeting of the Council of such County or Union of Counties. V. Miscellaneous Provisions. XV. And be it enacted. That the last proviso ol j£"» Proviso of « , ^ . /. I TT /^-t 1 o 1 1 nth section of C. the seventeenth Section ot the Upper Canada School jSciiooi Act of Act of 1850, shall be and is hereby repealed ;* And *^ repealed. be it also enacted, That the Arbitrators mentioned in the s:iid seve*i- teenth Section of the said Act, shall have authority to administer oaths to and to require the attendance of all or any of the parties interested in the said reference, and of their witnesses, with all such books, papers and writings as such Arbitrators may req lire them or either of them to produce ; ami the said Arbitrators, or any two of them, may issue their warrant to any person to be named therein, to enforce the collection of any sum or su.u^ of money by them awarded to be paid, and the person named in such warrant shall have the same power and authority to enforce the col- lection of the money or moneys mentioned in the said warrant, with all reasonable costs, by seizure and sale of the property of (he party or corporation against whom the same is rendered, as any Bailiff of a Division Court has in enforcing a judgment and execution issueU out of such Court ; and no action shall be brought in any Court of Law or Equity, to enforce any claim or demand which by the said seventeenth {Section of the said in pait recited Act^ may be referred to arbitration as therein mentioned. XV r. And be it enacted. That whenever the lands or property * Stie paiupUlot edition of thu Cuiuiuou School Act ot 1850, page 18. B Arbitrators be> tweeii Teachers and Trustees iii- ve>led with f^U powers in decido disputes. .1 I I Au<*mnre shall •rparurely ua«>eM pTQperty wiitiiii the limits ot £chuol Secliona. Proviso. Township Coun- cils shall iK>t col- lect more than one 8chcH>l rate |)er year except lor 8ite» and School Huusest 122 of ftnj individual or company shall be situate wilbin the limits of tvro or more ^School Sections, ii shall be the duty of each Assessor appointed by any iVlunicipality, to assess and return on his Roll, separately, the parts of such lands or property according to the divisions of the School Sections wilhin the limits of which such lands or property may be situate : IVovided always, that every undivided occupied lot or part of a lot shall only be liable to be assessed for School purposes in the School Section where the occupant resides. XVIT. And be it enacted, That no Township Council shall have authority to levy and collect in any School Section during any one year, more than one School Section rate, exctpt for the purchase of a School site or the erection of a School House ; nor shall any such Council have authority to give effect to the ninth clause of the twelfth section of (he Upper Canada School Act of 1850/ for the levying and collection of rates for School purposes of any School Section in any one year, unless the Trustees of such School Section make application to the Council at or before its meeting in August of such year : Pro- vided also, that each such Township Council shall have authority, under the restrictions imposed by law in regard to the alteration of School Sections, to form such part of any Union School Section as is situated within the limits of its jurisdiction, into a distinct School Section, or attach it to one or more existing School Sections or parts ot Sections, as such Council shall judge expedienl f XVIII. And be it enacted. That for and notwithstanding any- thing contained in the Upper Canada School Act of 1850,]; the Chief Superintendent of Schools shall have authority to direct the distribution of the Common School Fund of any Chief Supt. may Township, among the several School gSections and parts of Sections entitled to share in the said Fund, according to the length of time in each year, during which a School shall have been kept open by a legally qualified Teacher in each of such Sections or parts of Sections. * See panipliiet eUuiuii ot ilifi'Cuiiimuu bciiuoi Act of 186U, pugu IS. f lt>id, page 21. % ibid» pugs S2, lat dausei Slat section. Application from trustees fur rates •hall be made bttute August. Pnwiso HI refirard loUniou iSeclioiu direct the distrl'. ImiiMU of the C. (B Fund accotd- ing to the length of lime a School is lutpl opeiu : i 123 its of two y of each to assess s of such IS of the iich lands lys, that hable to here the ^ownship oilect in ore than chase of House J he ninth Act of purposes ) of such luncil at r: Pro- cil shall osed bj sections, ::tion as t School tions or ig any- 0,1 the 'ect the of anjr Dns and Fund, , during :n by a tions or i XIX. And be it enacted, That if any person J^^'^?l'>' """r/t «hall wilfully disturb, interrupt or disquiet any Com- lic ^cUooi? mon or other Public School, by rude or indecent behaviour, or by making a noise either within the place where such School is kept or held, or so near thereto as to disturb the order or exercises of ^Uv.h School, such person shall, on conviction thereof before any Justice of the Peace, on the oath of one or more credi- ble witnes.^es, forfiit an"**' •A'^'*' default of payment, mav be imprisoned foi*any time not exceeding thirty days, unless such fine and costs, and the reasonable expenses of endeavoring to callect the same, shall be sooner paid.* XX. And be it further enacted, That the Certificates of Quali- fication which have heretofore been granted to Teachers of Common Schools by any County or Circuit Board of l^ublic Instruction in Upper Canada, or at any meeting ol any Members not less than three of the .vj embers of such Boards, and which have not been cancelled, shall at all times be con- sidered as didy and leii;ally granted, notwithstanding any want of noiice to the several Members of the said Board, of the tiines and places of meeting for the purpose of granting such certificates, and notwith.4anding any other want of form in the organizing or conducting of the business of any such County or Circuit iioard ; jy[id any certificate purporting to be granted by any such Board, hv any three Members thereof, and having the si|>iiiitnie of at least one Local Superintendent of Schools, shall be considered a good and valid certificate of qualification, according to the effect thereof, until the same shall be annulled. XXI. An I whereas doubts have arisen whether the Trustees of any School Section, or the Board of School Trustees „ . of any Cily, Town or Village, can appoint any one or more of their own number, Collector or ColleG- Validily of Cer- tific-iites (rraiileJ 4o Teiichers un- der ceriaiii cir- cumr-taiices re- coi;iiiz('d, and ^inu't'ediiisfs of JBt>ard of'l'ublio liisirncliuu con- firmed. Power of C. SL I ru.stee-* to ap- * Bee puuipUlt't eJitiuu of the C. S. Act ut 16oU, bucuuii 4t>, pu^u 44. M I T, I ! It: i:i:. 124. KenlileTve^'^Coi- *®'^* ®^ School rates ;• For the removal thereof, Be tccior,.(juiifarmed. it enacted, That it &hall and may be lawful for the Irusiees of any School Section, or the Board of School Ti'ustees in anv City, 'i own or incorporated Village, to ap- point one or more of their number a Collector or Collectors to col- lect the School rates of any such Section, Cily, Town or Village* XXII. And be it enacted, That if the Collector appointed by - . . - (he Trustees of any School Section, shall have been FrovMion for ,, ,, < . /•'»f,ii obtainnigihe unable to collect that portion of any School rate SSthS'Cw * which was charged on any parcel of land liable to noiuresukuw. assessment, by reason of there being no person resi- 'detit thereon, or no goods and chattels to distrain, the Trustees shall make a return to the Clerk of the Municipality befor e the end of- the then current year, ef all such parcels of land and the uncol- lected rates thereon ; and the Clerk shall make a return to the County Treasurer of all such lands and ihe arrears of School rates thereon, and such arrears shall be collected and accounted for by such Treasurer in the same manner as the arrears of other taxes ^ and the Township, Village, Town or City in which such School Section is situate, shall Make up the deficiency arising from the uncollected rate on lands liable to assessment, out of the General Funds of the Municipality. XXIII. And be it enacted, That whatever additional sum or sums of money may be payable to Upper Canada out of the Legis- lative School Grant, or may be granted during the present session of this Farliament for Common fechool purposes in Upper Canada, shall be expended in the following manner : Firstly, additional to I™ a sum of not less than Four Thousand Founds shall JKlis'iu^u" c* ^^ apportioned and expended for the support of Com- mon Schools, as provi^d in the thirty-tifth Section of the Upper Canada School Act of 1850 ; Provided always, that not more than Five Hundred Pounds of the said sum may be ex- pended in special aid of Common Schools in new and poor Town- ^ ships ; Secondly, a sura not exceeding One Thous- duii.n8a*h"nid and Pounds per annum shall be expended in further ^C 'JSJpiyi^R^'hll support of the Normal and Model Schools for ^pifttu of Edu- Upper Canada, and in supplying a copy of the * See 2iid clauee of ihe 12th Section oi the School Act of 1860, pamphlet •ditiou, page 11 : and 7th clause of the 24th Section, page 26. 125 Ml/on to eack St-hool Cotp.Jk/0, Provwo. £500 per •nimm apprnpriatett In $i Caiiadiaa MdM> niri ill Normal School buikliag& Journal of EJucifion to each School Corporation and each Local Superintendent of Schools in Upper Canada : Trovided always, that not more than Four Hundred and Fifty Pounds of the said sum shall be expended in the circulation of the Journal of Education; and the balance of Huch sum shall be expended as provided for in the thirty-eighth Section of the Upper Canada School Act of 1850 ; Thirdly, a sum not exceeding Five Hundred Pounds per annum in.\y be expended by the Chief Superintend- ent of Schools in the purchase, from time to time, of Books, Publications, Specimens, Models and Objects, suitable for a Canadian Library and Museum, to be kept in the Normal School Buildings, and to consist of Books, Publications, and Objects, relat- ing to Education and other departments of Sci(*nce and Literature, and Specimens, Models, and Objects iUustrating the Physical Re- sources and Artificial Productions of Canada, especially in reference to Mineralogy, Zoology, Agriculture, and Manufac- ^^ p„ ^^^^^ tures ; Fourthly, a sum not exceeding Five Hundred Pounds per annum, shall be applied towards forming a fund for the sup-^ jrt of superannuated or worn-out Common School Teachers in Upper Canada, under such regulations as may be adopted, from time to time, by the Council of Publio Instructioa, and approved of by the Governor in Council : Provided always, that no Teacher shall Proviso, be entitled to share in the said fund who shall not contribute to such fund at least at the rate of One Pound per annum, for tha period of his teaching School, or receiving aid from such fund, and who shall not furnish satisfactory proof to the Council of Public In- struction, of inability, from age or loss of health in teaching to pursue that profession any longer ; Pro- vided also, that no allowance to any superannuated or worn-out Teacher shall exceed th»^ rate of One Pound Ten Shillings for each year that such Teacher shall hava taught a Common School in Upper Canada. XXIV. And whereas it is highly desirable that R^cital-chlef uniformity of decision should exist in cases that m ly frl')m'(kc?«^!jw «f arise triable in the Division Courts, against and be- P']i'V"",^**'l'['V tween !>upermtenaents, I rustees, I eacners and others to the .«nper^r acting under the provisions of the Common School S at-rSS* towards roriqing a fund for super- aiiiiiitiled C. & teachen. Proviso — An allowanci'towonB out teachers. ip Acts of Upper Canada — Be it therefore enacted, That the Chief Buperintendent of Scliools for Upper Canada, may, within one month after the rendering of any Judgment, in any of the saiJ Courts, in any case arising as aforesaid, appeal from the decision of any Judge of the said Courts to either of the Superior Courts of J^aw, at To- ronto, by serving notice, in writing, of such his intention to do '^o, upon the Clerk of rsuch Division Court, which Appeal shall be entitled <* The Chief Superintendent of Schools for Upper Canada, Appellant, in the matter between (A. B. and C. D.)f' and it shall be the duty of the Judge of the said Court, to certify under hi» band, to either of the Superior Courts aforesaid, as the case may Modeorproceed- ^^t the summons and statement of claim and other *"»• proceedings in the case, together with the evidence and his own Judgment thereon, and all objections made thereto ; whereupon the same matter shall be set down lor argument at the next term of such Superior Court, which Court shall give such Order or direction to the t-ourt below, touching the Judgment to be given in such matter, as the law of the land and equity shall re- quire, and shall also award costs in iheir discretion, against the Appellant, which costs shall be certified, to and form part of the Judgment of the Court below ; and upoh receipt of such Order, direction, and certificate, the Judge of the Division Court shall forthwith proceed in accordance therewith j Pro- vided that all costs awarded against the Appelant, and all costs incurred by him, shall be payable by the the Chief l!iuperintendent,and the amount charge- able to the Contingencies of his Office : And the Judge presiding over any Division Court wherein any action of the kind referred to in this section is brought, may order the entering of judgment to be delayed for a •ufficient time to permit either party to apply to the Chief Super- intendent of Schools to appeal such case, and after Notice of Appeal is served as herein provided, no further proceedings shall be had in cuch case until the matter of the Appeal shall be decided by such Superior Court. XXV. And be it enacted. That it shall be the duty of the Clerk of each Township Municipality to prepare in duplicate a Map of the Township, show- ins the divisions of the Township into School Sec- tioiis aud parts of Uoiou School Sections, one cop;^ Proviso— Costs lo l)e paid hy lOducutiuu Ofl[ice, L'pper Cuiiadu. Pivi^ion' Court proce*!diiigs tu be •taycd 111 case of appeal Township clerks lo prepurf. Map of towii^liip ill tfuptinite sliow- iiiK the Huh. Hec- lioiM n, Uiiiuii6 q{ Sectiuus. 'f I'i- i^' ,?27 the Chief )ne month -Courts, in loy J udge V, at To- lo do ^0, shall be Canada, d it shall inder his lase maj nd other evidence thereto ; \t at the ive such ^ment to ihall re- inst the t of the Order, rt shall i; Pro- ppelant, ible bj charge- Lnd the ivhercin ction is 1 for a Super- A.ppeal had in Y such Where deposited of which shall be furnished to the County Clerk for the use of the County Council, and the other shall be retained in the Township Cltrk'fi Office, for the use of the Township Muni- cipality. XXVI. And be it enacted, That such of the EMrtmenij^jn- provi.«ions of the Upper Canada School Act of thu aci to he re- 1850, as are contrary to the provisions of this Act, P«»^e<*« shall be and are hereby repealed. Tfi ■ Act to apply to l«t93. XXVII. And he it enacted. That the provisions of this Act shall apply to all School affairs and to all persons referred to in the said provisions, for the present year one thousand eight hundred and tifty-three. XXVIII. And be it enacted. That in citing or short Titieei to otherwise referring to the said Act passed in the ^- **• 'c^'*"L Session held in iht^ thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act for the better estMishmeut and maintenance of Common Schools in Upper Canada^ it shall be sufficient to designate it as <* The Upper Canada School Act of 1850,'^ and that in citing or otherwise re- ferring to this Act, it shall be sufficient to designate it us " The Upper Canada Supplementary School Act of 1853;" and that in citing or otherwise referring to the said Acts generally, or to them and to any other Act or Acts relative to Common Schools, which may at the time of such citation or reference be in force in Upper Canada, it shall be sufficient to use the expression, << L'be Common fichooi Acts of Upper Canada/' be (he ility to show- I Sec- i copy \42fACT ! ii •'.'■ Ill i;t' t' : ■i ' { ^ ■ i Ii "k28 ' . ,1- , li^iVO qUARTO-DXCTMO BT QVINTO-DECISW, YICTORIJE REGINIB^ * CAPUT CXI. in. SEPARATE SCHOOLS IN CITIES AND •>^„ ;> '' . ' TOWNS. Preamtt*. 18th and 14ih ViclorlH, chapter ,4d, cited. AN ACT TO DEFINE AND RESTORE CERTAIN RIGHTS TO PARTIES THEREIN MENTIONED. ( [Received the Royal jkssent, 90th August, 1861.] WHEREAS it is expedient to remove doubts vrhich have arisen in regard to certain pro- visions of the nineteenth section of an Act passed in the thirteenth ahd fourteenth years of her Ma- jesty's Reign, and intituled An Act for the better EsfaMhhmtnt and Maintenance of Cirmmon Schools in Upper Canada ; and Whereas it is inexpedient to deprive any of the parties concerned of rights which they have enjoyed under preceding School Acts for Upiper Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United King- dom of Great Britain and Ireland, and intituled An Act to re-ttnite the Provinces of Upper and Lower Canada, and for the Govern' ment of Canada, and it is hereby enacted by th^ authority of the same, That each of the parties applying, according to the provisions of the said nineteenth section of said Act, shall be entitled to have a separate school in each ward, or in two or more wards united, as said party or parties shall judge expedient, in each city or town in Upper Canada : Provided always, that each such school shallhe subject to ail the ob- ligations and entitled to all the advantages imposed and conferred upon separate schools by the said nineteenth section of the said Act.* Each parly ap- plying Khali be eiitillecl to have a •eparate cchool ill each ward or union of wards. Proviso. * See Pamphlet Editioa of the School Act of 1860, p»ge 21 ; and also section IV of the Supplementary School Act of 1853 iu thU pamphlet^ page 114. c- PARTIES It, 1851.] >ve doubts trtain pro- Lct passed f her Ma- hluhm^nt ada; and concerned 1 Acts for ^n^s Most snt of the rorihce of inder the ted King- t'M 129 Govern,' \j of the ic cording ection of ite school united, as in each always, the ob- onferred the said and also mmphlet^ IV. OFFICIAL CIRCULARS FHOM TOE CHIEF SUPERINTENDENT OF SCHOOLS FOR UPPER CANADA. 1. To Local SwperiniendenU of Schools on the apportio?iment of the Legislative School Grant f for 1S53. Sib: I have notified your County Council and Treasurer, through the County Clerk, of the apportionment to the several Municipalities of Upper Canada, of the Legislative School Grant for the current year. Your County Clerk will doubtless forthwith notify you of this apportionment, so far as you are concerned. A copy of the iipportionment will also be found in the Journal of Eaucation for •June, together with a copy of ray Circular to County Clerks on the subject. 2. On your beingduly notiiied of this apportionment, your first duty will be to distribute it to the several School Sections under your charge entitled to a share in it, as defined in the provisos of the second clause of the 31st Section of the School Act of 1850. In former years, the basis of distribution was the school population in each sec- tion, between the ages of 5 and 16 years. The injustice of this principle of distribution is obvious, from the fact, that it is not based upon either the value of property taxed, or the work performed, in each School Section, but merely upon the number otchildren of a cer- tain age resident in each section. It has often happened that in a School Section of over 100 children, a school has not been kept open more than six months in a year, while in another section of less than 70 children, the School has been kept open during nine or twe- ve months ; yet the former more ropulous and less working section received one third more money from the School Fund than the latter less populous, but more working and more deserving School .m 1i V 130 Section. Beside**, the object of ;ne School Fund being to develop and aid, but not supersede, local exertion, th s object is greatly contravened, when any basis not founded on exeition b adopted in the distribution of that fund ; and therefore this principle of dis- tributing the School rund among the School Sections of a Town- ship, was abandoned in the School Act of 1S50, except in cases sanctioned by the Chief Superintendent of Schools, in order to make the transition tu a better mode of distributing the School Fund as easy and fair as possible. 3. Now, there are two legal modes of distributing the School Fund among the School Sections, based upon exertion. The one mode is that which makes the average attendance of 'pupi!s at School the basis of distribution to each School, as provided for in the 1st clause of the 31st section of the Act of 1850. To the application of this provision of the Act, it has been objected that it is the average attendance of 1851, that determines the distribution of the School Fund for 1852, and so on ; whereas each Teacher, (or year,) ought to receive the reward of his own labour. I think this objection is well founded ; and there- fore the 5th section of the Supplementary School Act, (just passed by the Legislature) requires •* the Trustees of each School Section, on or beiore the 30th day of June and the 31st day of December in each year, to transmit to the Local Superintendent a correct return of the average attendance of pupils in the school or schools under their charge during the six months then 'mmediately prece- ding; nor shall any School Section be entitled to share in the apportionment from the School Fund for the said six months, the Trustees and Teacher of which shall neglect to transmit a verified statement of such average attendance of pupils in their School or Schools." In order to enable Trustees and Teachers to comply with this provision of the Law, without delay or embarrassment, I have caused to be printed and transmitted to each of them, with their Journal of Education for June, a blank form of the return develop is greatly L(lopted in le of dis- a Town- t in cases order to lie School iting the exertion, ttendance chool, as the Act Act) it ^51, that nd so on ; 'eward of nd there- ist passed Section, )eceinber a correct r schools \y prece- in the »nths, the 1 verified School or comply isment, I lem, with le return 131 required, together with the needful directions for filling it up. Upon this return, which you will carefully examine and check, will be based your di!^tribulion, according to average attendance tor the fir&t half of the current year.* 4. But the 18lh section )f the Supplementary School Act pro- vides another mode of distributing the School Fund among the School Sections of a Township. It enacts, " That for and notwithstan- ding any thing contaim-d in the Upper Canada School Act of 1850, the Chief Superintendent of Schools shall have authority to direct the distribuiion of the Common School Fund in any Township among the several School Sections or parts of School Sections en- titled to >>hare in said F\in6, according to th;! lengtk of time in each yrafy during which the school shall have been kept open by a legally qualified Teacher in each of such sections or parts of sections." In the course of my visits to the several counties of Upper Canada, last winter, I was assured by practical and experi- enced persons, that in some Townships, thinly settled School Sec- tions could not compete with thickly settled ones in regard to the average attendance of pupils at school, but th^^y could, if each school was aided according to the length of time the school is kept open by a qualified Teacher. To give the weak every facility possible to compete with the strong, this provision has been intro- duced into the Act ; and it appears to me to be equitable, especially since the Supplementary School Act (13th section) limits all rate- * The tbllov ing extract from the Journal of Ji'dncation tor August, 1852, page 120, will serve to illustrate the principle upon wliicli this distributioa is based. '*A Local Superintendent enquires: — One school is kept open six months of a year — three mouths in winter, and three months in suuiiucr — with an averiige attenaance of forty pupils during each three months. Another school is kept open twelvemonths in a year — six monhtsin winter, and six months in summer — with an average attendance of forty pupils during each six months. Are both schools to receive alike? Or is the latter to receive twice the amount of the former, having performed twice the amount of labor ?" " The answer is, the latter school is entitled to twice as large a sum as the former; the principle of the law being to he!p those that help themselves, and in proportion as they help themselves." See alsQ the annual School Report for ;8&1, pages 170-174, [yj i'> 132 bills throughout Upper Canada, to one shilling and threepence per month, for each pupil aUendiiig sdiool, and leaves it with the school electors in each section, to decide whether they will even retain a rate-bill to that amount or not. It is therefore no longer in the pow^r of short-sighteu and selfish persons, to exclude any class of children from the schools, by imposing high rate-bills ; and as the schools are now by the general law of the land, so nearly made free to all classes of children, !t is most desirable to encour- age the keeping of each school open, by a legally qualified Teacher, during as large a por .ion of the year as possible. 5. But I must request and authorise you to exercise your own discretion, aided by the advicu of Councill(»rs or other persons of experience in your neighborhood, as to which of these two modes you will odopt the present year in the distribution of the School Fund, to the schools under your superintendence. I must, how- ever, remark that the two modes of distributing of the School Fund cannot both be adopted in any one Township ; the one or the other mode must be adopted for all the schools in each Township, and j! be based upon eithfci* the length of tirue or average attendance reported in the semi-annual return of the Trustees. 6 As to Union School Sections, I have not been able to learn or devise any one geaer?\ regulation that could be justly applied to to them all, without entailing upon the Trustees and other parties a grea( deal ot trouble. Therefore, the 14th section of the Supple- mentary School Act provides " that the Local Su^,eri^teuden^s of adjoining Townshi|»s shall have authority, and they are hereby re- quired, to determine the sum or sums which shall be payable fiom the School apportionment and assessment of each Township in sup- port of Schools of Union School Sections, consisting of portions of such Townships ; and they shall determine the manner in which such sum or sums shall be paid; and in the event of one person being Local Superintendent of two or more Townships, he shall act in behalf of .such Thownship j and in the event of the Local Su^.er- threepence it with the T will even 5 no longer exclude any ;-bills ; and 1, so nearly I to encour- jd Teacher, 56 your own r persons of two modes the School must, how- Ichool Fund or the other wnship, and j? attendance ble to learn applied to ler parties a the Supple- itendenJ^s of hereby re- yable fi om iship in sup- portions of 3r in which one person he shall act ocal Suf.er- J33 intendents of Townships thi'-s concerned not being able to agi'ee as to the sum or sums to be paid to each such Township, the matter shall be referred to the Warden of the County or Union of Counties for final decision." 7. In regard to the apportionment to Separate Schools, the provisions of the 4th section of the Supplementary School Act, in connection with the 19th section of the School Act of 1850, are so explicit, that I need only observe that one-half of what a Se- parate School may be entitled to for the year, according to average attendance, should be paid at the end of the first half year, and the other half (more or less) should be paid at the end of the second hair year — in each case after receiving the semi-annual return re- quired by the second proviso in the 4fth Section of the Supplement- ary Act, an»i on being satisfied of its accuiacy. It is to be observed that Separate Schools are subject to the same inspections, visits, and regulations in regard to reports, &.C., as are public Common Schools. 8. The Supplementary School Act provides for the expenditure of a sum not exceeding j£500 per annum " in special aid of Com- mon Schools in new and poor Townships.''^ The Local Super- intendent of cny such Township is requested to communicate to me before the end of August, at i he latest, any cases of peculiar need and desert, and the circumstances connected with it ; and when I shall have examined and compared all the cases thus submitted, I will make the best distribution in my power of the jG500 in qnes- ticn, and notify tlie parties concerned accordingly. 9. In my Circular to the Clerks of County Councils, I have suggested that each Local Superintendent be instructed to transmit to the County Auditors, by the 1st of March in each year, a state- ment of the apportionments made and the checks issued by him, that the Auditors may be able to dotect any error (or fraud, if any should be attempted) on the part of Teacher or Treasurer. This yen can easily do \ and it will tend to secure perfect accuracy in a i ■■"'■ t 4 , 1 1 . ■ l1 134 vital part of the SrIiocI system, as yet so defeuilve, and place alt parties concerned above suspicion and above the reach of calumny. 10. The provisions of the Supp'ementary School Act will greatly facihtate the discharge of your duties, will gready reduce the occasions of dilVerence and disputes in School Sections, and will, 1 think, greatly promote the interests of schools throughout Upper Canada. We can all unite with renewed confidence and zeal in this great work, rasure.l thit our labors will not be in vaia. I have the honor to be, Sir, Your obedient Servant, E. RYERSOxV. Education Office, Toronto, 22nd June, 1853. 2. To 'trustees of Common Schools in the several Townships of Upper Canada* Gentlemen, In order to aid voii in the discharge of your important duties, I address you a fviW words respecting the provisions of the Supplementary Common School Act, which has just been passed by the Legislature, and which is published in the Journal of Education for June — an Act which, while it leaves unchanged the general provisions of the School Act of 18."0, remedies defects which the experience of the last three years has detected. 1. My first remark is, that, as enacted in the 27th Section, the Sup- plementary Act applies to all School affairs of the current year. All the School proceedings, therefore, which have taken place since the 1st of January, arc subject to the provisions of this Act. 2. By the 13th section of this Act, no rate-bill can be imposed ex- ceeding one shilling and three-pence per month for each pupil attend- ing School. All other expenses of each school must be provided for by voluntary subscription cr rate on property. Reducing the maximum of all School rate-bills to one shilling and three-pence per month for each pupil, is the next thing to esta' lishing Free Scho Is throughout Upper Canada; aud all the hitherto agitating questions at School place all calumny. A.CI will (T reduce and willy it Upper al in this SOxV. ipso/ duties, I raentary jislature, —an Act e School ist three he Sup- ar. All ince the osed ex- altend- d for by iximura [)nth for )ughout School 135 tnectings as to the mode of providing for the support of schools, afe now narrowed down to the simple question, as to whether a rate bill of one shilling and three-pence (or less,or nothing) per month for e.^ch pupil shall be imposed. This provision will largely increase the attendance of pupils at school, as no parent will now keep his children from school for fear of a heavy rate-bill; it will vastly lessen the topics and causes of difforer''es and disputes at School meetings ; it will render the duties of Trustees more simple and easy to discharge, and the salaries of School Teachers more uniform and secure. The real design of this noble provision of the law, and the legitimate inference from it, ought never to be forgotten by Trustees. A law providing that a school should be supported wholly or mostly by the property of all, on . ■ ot have been enacted, except with the design that a Teacher jsnould be employed who is qualified to tecich the children of all — that is, the several branches of an English education to all pei sons of school age residing in the section. If each man contributes according to his property to support a school, each man's child has a right to be taught in such school. Should Trustees employ a Teacher (for the sake of getting a " cheap" one) who is not qualified to teach all children of their section the subjects required to be taught in Common Schools, they would virtually exclude v. portion of the children of their section from t'le benefits of the schojl ; they would abuse the principles and pervert the grent oljectsof the Free School system ; they would, I am inclined to th' V render themselves liable to a fine for neglect of duty,and to a prosev . I)' • for damages on the part of parents of children de- prived of ih ; .; ^.a? tages of the school in consequence of the incompe- tence of the tenc i.Tcn^ployed. All Trustees should bear in mind, that thepiinciple of Free Schools aims as much to imjrove he quality of teaching and to elevate the character of the school, as it does to render them accessible, without let or hindrance, to all the child: en of the land. 8. While the 10th Section of this Act secures to each School Section the benefit of all the taxable property situated within Its limits, the 23d secti<, provides a pronrptand easy mode of securing the payment of all scIm' ^ates on the lands.' of absentees. These two provisions will be of gt eat advantage to a largu proportion of the School Sections throughout Upper Canada. ^4. The 6th section of this Act invests the Trustees of each School ^ K:!-^ i'-'-\ :''? il 11 136 ' - ^ , Section with the same authority to tasesii and collect rates for the puf» pose of purchasing school sites an4 the erection of sehooKhoHseS; ap they are invested with by law to assess and collect for other pchoc^ purpbs^s; so that the^ Trustees need not, unless they choose to do 80|, apply to a Municipal Council for any purpose whatever, except in re- ference to the boundaries of their St;hool Section ; nor has any Muni* cipal Council a right to interfere in the. affairs of a School Section (except in altering its boundaries), unless at the request of such sec- tion, made through its Trustees. 5. There are but two particulars in which the powers of Trustees are limited. 1. They cannot change the present school site, or select R new one, without calling a pub r nppting of their Section to consider ii See 6th section of the Siippleu. ry School Act. 2. They must also consult the annual or a special meeting of their section, as to whether a rate-bill (of one shilling and three-pence, or less, per month for each pupil) should be imposed or not. The selection of a new school site does not often occur; the decision as to the rate-bill is annual, and should be made at the annual School Section meeting With this single exception — and it is reduced to the simple question of a small monthly rate bill — the management of all the affairs of each School Suction belongs wholly to the Trustees as the elective represen- tatives of such Section. They, and they only, are authorised by law, to determine the sum or sums that shall be raised, and when and how paid, for all School purposes, whether for the procuring of a school Bite, the erection, repaiis, or furnishing of a school-house, the pay- ment of a teacher, the purchase of apparatus, text-books, maps, library- books, or for any other school purpose whatever. 6. With these almost unlimited power-s, Trustees will be the respon- Bible and blamuble parties in every case in which there is not a good and well-furnished schoolhouse,and asch ol kept open by a qualified ';eacher. The 16ih clause of the 12th section of the School Act of 1830 makes each Trustee personally liable, if he neghicts to exercise the powers invested in him by law, for the fulfilment of any contrict or agreement made by his corporation ; and the 9th section of the Supplementary School Act makes Trustees personally responsible to their Section, for the amount of any moneys which shall be forfeited or lost to their school through their neglect of duty. If, therefore, a school is not it ■ ,,?. r9t Mie pur* Hses; ap r 9cho<4 uO do B(v pt in re- ly Muni- Section Ach seo- Trustees or selecfc consider ley must >n, as to )r month f a new^ te-bili is meeting question 3 of each epresen- l by law, and how a school the pay- maps, 3 respon- good and I ';eacher. )0 makes ) powers trccment imentary ction, for to their ol is not TT. kept open in each section six months of each year by akgally qualified Teacher, the Trustees of such section will be personally liable, on the complaint of fny one of their constituents, for the payment of the amount of th^ School Fund forfeited through their neglect of duty'. '^ " ' ^'7. I desire also to direct your particular attention to the semi-anmiid returns of the average attendance of pupils required by the 5th section Of the Supplementary School Act With the number of the Jowmal tif Education containing this Circular, you will receiye a blank return for the first half of the current year, which you will forthwith fill up jMNbcwArd to your Local Superintendent. The object of this providon of the Act is, to make the doings of each School Section during each half year the basis of its participation in tlie Sdhool Fund for such half year. On this subject, I refer you to what I have stated at lengtii in my Circular to Local Superintendents. ■ -'- '-' ■"'" •? "^oh-»i-?/F 8. In the first thirteen sections of the Supplementary School Act,there are other provisions relative to Trustees, on which I need not remitfl:, but all which are designed to increase the eflQciency of the office of Trustee. The 15th section of the Supplementary School Act, confers upon School Arbitrators full powers to give effect to their decin. The 18th Section c^ the Supplementary Act restrictSj fr6m the beginning of the current year, all rate-bills to a sum not exceeding one shilling and tbree pence per month for each pupil attending school. All the expenses of the schools under your charge, over and above this rate-bill, ipust be provided for by a rate on property. 3. As all the schools in each city, tx>wn, or incorporated village, are under the management of one Board, k -is npt reqinred to distribute the the School Fund to each of such Schools as is required ampng the several School Sections of a Township. The Board of School Trustees wHl exercise their own discretion in regard to the sum or sums they may expend in support of each School under their charge. 4. By the provisions of the 4th section of the Supplementary Act, it will be seen that Separate Schools are not to shaJe in the Municipal \: '^■r-. 139 AiiMvment part of the School Fund; As iho average attendance of pupils for the whole year is the basis of difitribution under this sectioA of the Act, the one-half of the sum payable to a Separate School foi' th0 year, should bo paid at the end of the fir?t half year, and the other half (more or less) at the end of the second half year. The Trustees of each Separate School must make to your Local Superintendent the semi-annual returns required by this section of the Aot; and be ghould visit each Separate School to see that the register is properif kept, and that the attendance corresponds with the returns, in the same manner as he is to visit the other schools under his charge for the same purposes. Where exemption is sought from the payment of the ordinary school rates, care should be taken that no parties be exempted except those who fulfil the conditions in which such exemption is per*- mitted. 5. The provisions of the 4th section of the Supplementary Act, while leaving the applicants for Separate Schools not the slightest pretext of complaint or agitation against the school system, will not, in t,he leiM^ embarrass you in your proceedings, or retard the noble and successful endeavors which are making to provide suitable school accompiodatiotj^ and good schools for all ihp children in our cities, towns, and yiUages in Upper Canada. ' ■ ' ' " "" ■'■'■' I have the honor to be, gentlemen, ' ' ^' ' ' Your obedient servant, ''' ■ ' ^ • ' •• • '■' E. RtEftfeO!^. Education Oiticb, -^ Toronto, June 28th, 1853: - . . v-» m: ■ ■'\^ ■■ 4^\ 4. Extract of Circular to Clerks of Counties or Unions of Counties in Upper Canada on varvms-ynatters, * • • * ♦ • « ♦...♦! 4. I must again solicit the special attention of your County Council to the 1st, 4«th, and "nh clauses of the 27th section of the School Act, requiring each County Council to provide for the punctual payment, the security, and the proper accounts of the expenditure of all School moneys within its jurisdiction. In my \ 140 J 3" •1 ■I i 1 1 P ■k ^ Circular to County Clerks ast jrear, (printed in my Annual School Keport for 1851, pp. 158-162), I showed how impossible it is for me to know whether the conditions and requirements of the law have been fulfilled in any County or Township, without full and accurate accounts of the expenditure of School moneys. I "afterwards transmitted to each County Clerk a pr'ntcd blank account of School moneys, with full and minute directions for filling it up. Yet this year's County returns of the expenditure of School moneys are almost as defective as were those of last year. In about three-fourths of these returns, the expenditure of eonsiderable sums is imperfectly or not at all P^'counted for ; defects in financial accounts which, were they to occur in the returns of any of the Executive Departments of the Government, would be the subject of reprobation in the Legislature and by the press generally. The frequent and accurate accounting for the expenditures of all public moneys, is one of the essential means of securing their faithful appli- cation, and one of the essential conditions of good government ; but if it should continue to appear that in those bodies which are directly elected by the people, and in regard to moneys specially devoted to the intellectual improvement of the country, there is the least strict- ness and accuracy in accountmg for the expenditure of School moneys, the fact will go far to prove the inefficiency of elective bodies, or that our country is not prepared for the operation of the elective system, in such affairs. T trust that every friend to that system in your Council, and every friend to the progress of educa- tion, will see that punctual, accurate, and full returns be made of all School moneys expended within its jurisdiction, and that the portion of the School Fund to be provided by your Council will be punctually payable at the times prescribed by law. 5. I have reason to believe that in many, if not in most, instances, there has been no want of attention in preparing the returns of School moneys required by law ; but I am assured that the irregu- arity chiefly arises frOm the want of punctuality or faithfulness on 141 the part of sub-Treasurers, who, in many cases, I am told, are re- garded as Township Officers, and who give no security to tb*) County Council for School moneys placed in their hands. On this point I beg to remark, that if any Township Treasurer acts as sub- Treasurer of School moneys, he does so, not as a Township Officer, but as a County Officer, and by virtue of appointment of the County Council, as provided for by the 4th clause of the 27th section of the School Act of 1850, and to which Council he is to give security for the safe-keeping and punctual payment of School moneys en- trusted to him, and in the case of the loss of any part of such moneys, on account of proper security not having been taken by the County Council, the 43d section of the Act makes the members of the County Council personally responsible for such moneys. 6. On this important subject I would offer the following suggestions for the consideration of your County Council. Firmly: Whether it be necessary at all to appoint any sub-treasurers of school moneys in your county,. Most of the Counties are much smaller than in for- mer years — facilities for travelling and business are greater— a Local Superintendent's check to a school teacher is as good as a bank note, and can easily be cashed by shopkeepers or other men of business in any part of a county. Secondly ^ — That if it be still deemed necessary to appoint sub-treasurers of school moneys, they be each required to lodge their bonds for the security of such moneys with the County Clerk. Tfw'dly, — That each sub-treasurer be directed to keep accounts of the Legislative Grant and Munici- pal Assessment parts of the School Fund separate, and carry for- ward the balances of former years. Fourthly — That no sub-trea- surer be paid the Legislative Grant for the current year, until he shall have satisfactorily accounted for the school moneys in his hands for the preceding year ; that in each such case, the County Trea- surer pay out all school moneys belong^ing to the Townships con- cerned. Fifthly — That in order to secure uniformity in the ac- counting for school moneys, the treasurer or sub-treasurers be re- i f I i' 11 ' ^■ -! ! I'll I ^' I' if 142 qaired to make up their accounts to the 1st of March in each year, accompanied with vouchers to the County Auditors j and I will ex- tend tJie time for the Auditors to examine them, and the County Clerk to transmit to this Department the abstract of them, together with the Auditors' general Report, as required by law, until the 1st of April, leaving myself but one month instead of two to examine the returns before making the annual apportion- ment of the Legislative School grant. Sixthly — That each Local Superintendent be instructed to transmit to the County Auditors a statement of the apportionment made, and the checks issued by him, that the Auditors may thus be able to detect any error, (or fraud, if any should be attempted,) en the part of teachers or treasurers. Thus will all parties concerned, stand above suspicion, and the ac- curate accounting for school moneys wii! be satisfactory and com- plete. I may add, that I practise the same careful and accurate system of accounting for all public moneys that pass through my hands, which I wish to see observed in each Municipality in Upper Canada. 'i-.r ■J ■ I - J. t . ' 7. In conclusion, I have great pleasure in referring to the Supple- mentary School Bill, which has just been passed by the Legislature, and the provisions of which remedy nearly all the defects which the experience of three years, and a tour of consultation to the several counties of Upper Canada, have pointed out in the School Act of ISdO, without changing any of the organic principles or general provisions of that Act. I have no doubt that the provision^ of the Supplementary School Act will greatly contribute to the removal of doubts and embarrassments, the lessening of disputes, the increase of facilities, in the administration of the School Law, and the rapid diffusion oi education and geneial knowledge through- out Upper Canada. The increase this year in the Legislative Grr.nt for the support of Common Schools will require a corresponding increase in the amount of Municipal School Assessments ; and as the 13th Section of the Supplementary School Act does not permit in any 143 School Division in Upper Canada, any rate-bill imposed to exceed one shilling and threepence per month for each pupil ; and as an Act has beta passed, enabling each County Council to equalize all assess- ments on property, it may deserve the consideration of your County Council, how far it may be advisable to increase the Municipal as- sessment for the support of Schools — thus relieving the Trustees, to a great degree, from an onerous part of their duty, and rendering the Schools virtually free to every child in the land. 1 have the honor to be. Sir, Your obedient Servant, E. RYERSON. Education Office, Toronto, 18th June, 1853.