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THE SCHOOL law, OFFl^ lAL REGULATIONS DEcnsjONs OF tup: supeiuoe courts, KIU.AIIN(i ID 1 \ TOWNSHIP, tOUNTV, CITY, TOWN AND INCdRI'i )UA ITI) VII LACK Ml.'NMfll'AI, COUNCILS ; SCHOOL SKCTIOX r.Ol'NDAKII'.S; CllY, TOWN AND VILLAC.K, I'LI'.LIC S( lIooL P.OAUDS : AKI'.ri'RATIONS AND AWARDS; PUBLIC SCHOOL INSl'KCIdRS; HOARDS ol' LXAMINLRS ; CHIEF SUPERINTENDKNT AND COUNCIL OK I'UDLIC INSTRUCTION ALSO, Tllli ACTS KEl.ATINi; 1> ROMAN CATHOLIC. I'ROTESTAN T AND COLOURED SEPARATE SCHOOLS WITH A COPIOUS LNDEX TO PARTS I. & II. BEING THE SUBSTANCE OF LECTURES TO NORMAL SCHOOL STUDENTS ny J. GEORGE ilODGINS, LL.I)., Barrister-at-Laiv, Deputy Superintendent of Education for Ontario. TORONTO: COPF, CLARK & CO., 17 & 19 KLN'G STREET EA.ST. 'S73- Lt f 1 V Entered according (o Act of the Parliament of Canada, in the year one thousand eight hundred and seventy-two, by John Gkokge IIODGINS, LL.D., Barristcr-at-Law, in the Office of the Minister of Agricuhure. \ CONTENTS OF PART II. \ CIIArTKR T. RELATING TO MINICII'AI, COUNCILS. I. Municipal Law the basis of the School Law. 2. How the School Law classitics Municipal Corporations. 3. Powers and duties of County Councils under the Scliool Law. 4. County Councils to raise equival'' t to le.i,Mslative school ^n-ant. 5. Aid to new and needy school scctio.is. fi. Restricti'in as to tlic expenditure of llie county e(|uivalent. 7. Time when county equivalent sliall be available. 8. Payment to Teacliers not to be refused after I4tli of Deceml>er. 9. County Council to ta]vi isioNs Of Tiir. simt;rioi^ cofkis in kfc.vkk i-^ ■iownsiiip KA'ri;s COXTENT.S <»r PAKT II. y ciiai'Ti;r X. (I TV, Town, and INCORI'ijRATKl) VILLAGE COLNCII.S. I. Powers and tliitics of City, Town and Villayc Councils, 2. Councils to raise moneys as per 'J'rustees' estimate. cii.vnr.R \r. nrx-isioNs i,v tiik sfn.RioR coriirs i\ Kr.f.AKp to citv, town and \n.LA(;i-; cut ncii.s. CHAPTER XII. ELfCrrON ..I- IIOAKDS (M- ITIJI.IC SCIfOOI. TRfSTKES IN CITIKS, TOWNS, AND INCUKI'ORATKI) VI I. LACKS. I. Dav and hour for the election of Hoards of Pul)lic .School Trustees 2 How Ion- shall the school election last .^ 3. Where shall the Public Schoo 1 rustees' election be held ? 4. Who shall preside at a Public School I rustee election .= 5. I l,,u- shall a Public .School Trustee election be conducted? 6. Who shall call meetings for the election of Public School 1 rustees? 7. When must Public School meetin-s be held' 8. For what purpose can School Meetin-s be called ? 9. What notice must be g,ven m calling School Meetings ? 10. Who has a right to vote at School Meetings? 11. Test of right to vote, in case objection be made. 12. J'enalty for making a false declaration of a right to vote 13. Mode of proceeding in Contested Klections in Cities, Towns and Villages. 14. Penalty on Returning Oliicer for wrong-doing at School IJections. 15- Costs of contested Public School Elections. 16. Number of '1 rustees in each School I?o".rd. 17. How shall retirement of each Trustee be determined? 18. Who mav be a Public School Trustee 19. Who may not be a Public School Trustee. 20. How may the office rf ,^,. l'^ , ''^'^'^""' '^''■"•■^^^'^ 1j^' vacated. 21. Personal responsibility of Public School Trustees. ^ CHAPTER XHI. GENERAL COKPORATI-. I'OWEKS OI' liOARPS OK PI-RLIC SCIIOOI, TRUSTEES IN ClTIKS, TOWNS AND INCCJKrORATED VILLAGES. I. Trustees to be a School Corporation. 2. General powers and liabi- lities of a Corporation. 3. Additional general powers of Public School Boards. 4. Decisions of the Superior Courts with regard to School Trustee Corporations. CHAPTER XIV, CONSTITUTION AND PROCEEDINGS OF COMMON SCHOOL BOARDS. I. How is each Public School Board constituted ? 2. Who are the Officers of the Board ? 3. Standing and other Committee of the Board 4. Times and place of meeting and proceedings of the Board— School accounts 5 What is the most usual order of business.' 6. What Rules of Order" are generally obser\ed ? Vi CONTEXTS OF I'AIIT II. CHAPTER XV. POWERS AM) DL'TIKS (JF HOAKDS uK TUlSTr.KS IN RKCARI) Ti) TIIK SI IP, AMI SCIIoiil. IIOlSK. I. Who shall select the site of a S(.h.)ol lioiibc ? 2. 15y what title can Trustees aciiiiire ami hold school i)i<)perty ? 3. Necessity for a |)roper title to the school site. 4. K(.;;istration of Trustees' title to school pre- mises. 5. When Trustees may sell a school site or other property. 6. Owner of vacant land must sell school sites selected. 7. Power and privilege's of tlie owner of new site. 8. Respective powers and duties of Trustees and owners of sites. 9. Remedy in case the owner nfuses to appoint an Arbitrator. 10. Makini,' and puljlishinj^ an award -This may be done by deed or parol. 11. Summary of general rvdes in re;,4ard to arbitrations. 14. Erection of school house, teacher's residence, &c. 15. Restrictions on the use of the school house. 16. Decisions of the Superior Courts in regard to the school house. CHAPTER XVi. MISCELLANEOUS POWERS AND DUTIES OF PUBLIC SCHOOL BOARDS. I. The school and its appliances. 2. How can School Trustee 13oards provide funds .' 3. The Council is required to provide necesr>ary funds. 4. W'hat constitutes adequate school accommodation. 5. Text books and stationery may be charged for. 6. Payments of school moneys. 7. Inspectors to countersign cheques to Teachers. 8. P>oard to manage and dispose of school moneys. 9. Public School Boards in Cities and Towns may invest surjdus school moneys, 10. Municipalities may loan such surplus to Public School Trustees. 1 1. Liability of .School Trustees investing otherwise than as authorized by law. 12. Responsibility of Public .School Trustees for school moneys. 13. Mode of enforcing penalty. 14. Security to be taken from Secretary-Treasurer. 15. Cer- tain parties personally responsible in case of lost school moneys. 16. Penalty for false school reports and registers. 19. Public and High Schools may be united. 20. Conditions on which the union may take place. 21. Union lioard of High and Public School Trustees. 22. Powers of the Joint I'joard. 23. The Union of High and Public Schools may be dissolved. 24. Division of scliool pro|)erty of Union Board. 25. Industrial Schools may be established. 26. What children should attend the Industrial .School. 27. How many kinds of schools may be established.' 2S. Comi)ulsory attendance at school. 29. Teachers em- ployed by the Trustee iioard. 30. Authorized Text Books • > be provided for pupils. 31. Facilities for providing Text Books and Stationery. 32. Free Public School Libraries for the Municipality. 33. Observance of the official regulations. ^4. Penalty for non-observance of regulations. 35. Annual report of Public School Board. 36. Miscellaneous duties of Public School Boards. CHAPTER XVn. INSPECTORS OF PUBLIC SCHOOLS. I. Three kinds of Public School Inspectors. 2. Who may be a Public School Inspector. 3. Who may not be a Public School Inspector. 4. Jurisdiction of County Inspectors. 5. Appointment of Public school CONTKN'TS (»!• I'AUT ri. vn A K Inspectors. 6. Iiispcftois in ly In- i h.inj;c(l in .i comitv. 7. Do Iiisnio- tdis rfi|iiin.' to bcappoiiiti'il annually? S. An Inspcciui's tenure oroMiie. <;. Killiii}( a vacancy in the oHice 'of Inspector. 10. Kriniineration of founty, Cii>-, and Town I'uhiii: School Inspector^. 1 r. I'aynv.-nts to County I'lihlic School Insjicctnis. ij. Who sliall pay Inspectors in dispute and arbitration case;. I.?. Other s|)tci|ic duties of County In- spectors, for which special allowance may be made by tlu' Coimtv Council. 14. County anil Cit\' Inspectors' full time to be empl'oyrd. 15. 'Duties of City and Town Inspectois. 16. Inspector to deciile school election com- plaints. 17. .Appeal in election cases, &c., to the Chief Superintendent ii;,Minst Inspector's dfiision. iX. 'j'iiue of recii\in^ and ilecidin;.; upon school I'Krtion coinplaiiils. I<;. Appeal to In-^pector from School Sec- tion Auditors. 20. Decide upon all other hind of complaints. 21, Decide cases, and ^ivc counsel and advice. 22. Inspector may refer (piestions to the Chief SuiK-rintendeiit. 23. Any ])i-rson mav a|)pcal to the Chief Superintendent. 24. .Authority of the Chief Superintendent to decide ajjpeals and settle ditferencL . 25. How apjjcals lo Chief Superintend. lit of Education may be made. 26. other ;^^Mieral powers of the Chief Superinti'iidcnt. 27. Towers and resfjonsibilities of Inspectors under the statute. 28. Insp. tors to j^iant '.pecial Certilic:'tes to Teachers. 29. Conditions to be c; ..erved in f^'i- wis special certificates. 30. liuprc- tors may suspend Provincia' or County Certificates. 31. Dntv of In- spector in regard to Suspend^ i Cerlitica'tos. y.. Inspector to ajfponidn School |'"und accordin.i^ 10 a\eragc attendance. 23- Hasis on which the apportionment is to he made. 34. Apportionment to be made to every School Section. 35. When api)ortionment to a School Section mav be withheld. 36. How shall forfeited baia.T-es be ap|)Iii.'d .^ 37. l-liuire School Fund must be ;Mid to Teachers. 38. How shall Cnion School Sections be paid .' 39. Can the Sch.iol Fund be p.iid to a Trustee ? 40. \yho is responsible for the blank f)rms of Trustees' returns? 41. What check has the Inspector on incorrect returns? 42. Inspectors must decide as to "satisfactory" u'turns. 43. Absence of a Teacher, visiting other schools, may be allowed. 44. Inspector responsible for the payments to Teachers' Superannuation Fund. 45. Inspectors may pernul Teachers to \isit other schools. 46. Summai-y of the duties of a' County Public School Inspector. CHAPTER X\'III. POWER AND AUTHORITY OF AX INSPECTOR IN THE SCHOOL. I. Visitation of Separate Schools by the County Inspector. 2. Autho- rity of an Inspector while in a school. 3. An Inspector's procedure in the visitation of schools. 4. The Inspector siiall see to the standing of Pupils in the school. 5. An Inspector's intercourse with Teachers and Pupils. 6. Inspector to see to the attendance of Children at school. 7. School accommodation— air and ventilation. CHAPTER XIX. CITY AND TOWN INSPECTORS. I. City and Town Inspectors arc Provincial Officers. 2. City and Town Inspectors' full time to be employed. 3. Duty of City and Town Inspectors. 4. Summary of the powers and duties of Inspectors in Cities and Towns. via COXTKNTS or I'AUT II. CHAI'TER XX. OEXEKAI. PROVISIONS OI' llll': LAW Al'ri.KAl'.I.K TO AIJ, SCHOOLS. I, All I'iil)lic Schools shall bo fri'C. 2. Rij;ht of Chiklrcn to ])c ccUi- c;'.tccl compulsory atlciulancc. 3. Penalty ioi' non-alleiuhmcc at sonic school. 4. Further discretion of ?»lai;istrate to enforce penalty. 5. A resilient in one section senilini,^ his chiklren t> another section. 6. Ex- cepii' ^""1 ^'^'^v^^cf eacS ; ' •, '- ','•:'' "-'^7 '-'ncl special examinations in certain subjects. i> GLuetal re-ulalions for the examination of Candidates. 14 Condi- lons required of Candidates for certilicates of c,ual,licalion as Teaches. ouh of";ir" "'"'" "'^,'-"^^'-l^''';'l^^^- "■'• Al'^-n Teaclicrs to take the oath of a]le,L;,anre. ,7. rnrm of oatli of allc^nance. .8. Teachers exempt from scrvm- as jurors, c\:c. icacncis CHAPTER XX I If. nUTIF.S OF THF. CFIIFF SLFF.K IXTKXl .F\T OF FDICATION'. n,!;i.'\.fH^'^-^■''r'!^'"''"•''"' ■" be appointed - his responsihilitv. 2. Duties of the Chief Superintendent of Education. 3. Uniformitv „t'dcci- sions in Division Courts. 4. Chief Superintendent mav appeal from such courts to the SuperiorCom-ts of law. 5. Jucl.e to send'papers ., .S pe lio Cour. 6. What County jud^e must do in appeal cLes. 7. S e or Court to sive such order as law and ecpiity reciuirc. 8. Proceedii ' m Div. . en Court thereon. 9. Costs of appeal! ^teuin.^s m CHAPTER XXIV. DUTIES OF Till-: COUNCIL OF I'UFMC IN'STRUCTIOX. 1. Council of Public Instruction to be appoimcd. 2. Chief Sunerin- cndent to provide place and call meetings. 3- Contingent expense of Council provided for. 4. Recordin^^ Clerk and his duties. 5. ()ucm.m . 6. Duties of the Council.' of three and casting vote of Chairman CHAPTER XXV. SCHOOL VISITORS AXU THFIR DUTIKS. 1 Public School Visitors defined. 2. Who are \-i.itors to the Roman Catholic Separate Schools. 3. Authority to visit the Public Schools 4. General meeiinij of School \'isitors. CHAPTER XXVE REGUI.ATIOXS FOR PUFI.IC SCHOOLS IX OXTARIO. I. Authority to prescribe ilu'se forms and regulations. 2. I )uties of all parties concerned to observe these regulations. CHAPTER XX\-n. RFI.ICIOUS IXSTRUCTIOX. I. Religious and moi a th I. Iveligious and moral instruction in the Public Schools - Orienimr nd closing exercises of each da). 3. VN'eekly religious' instTuction by lie C.ergy of each persuasion. ^ CHAPTER XXVHE MISCELT.ANFOUS I'ROVISIOXS OF THE LAW (OMIIIKO). I. The Public School Tea'-her and lii^ duties, dr. V CONTRNTS <)I- V.WVV II. CIIAl'TRR XX L\. MISCF.I.LAXKOUS DKCISluNS OF TIIK SUPF.RIOR COURTS. CHAPTER XXX. TEXT F.OOKS FOR 'I'lIK I'UI'.I.IC SCIIOOT.S. I. English. 2. Arithmetic and Matlicmatics. 3. Ccography and His- tory. 4. Physical Science. 5. Miscellaneous. 6. French and German Schools. 7, Books "prescribed" and those " reconmicnded.'' . legally qualified public school teachers," and to no othar p tr,' ; •• Note. — So carefully has the law guarded the application of Ait .oney, that, in the 123rd section of the Consolidate. 1 .School Act, it ljjlare-> tl;;?.' .' k'^rislative School Grant "together with at least an erpnl sum raised annually by local assess- ment, shall constitute .and be called the public school fun 1 of such county, town- ship, city, town or village ; anel no part of the salaries of the chief superintendent, school inspectors, nor of any other ])ersons except teachers employed, or of any expenses incurred in the execution of this Act, shall be paid out of the said public school fund, but such fund shall wholly, anil without dimiinition, be expended in the payment of teachers' salaries, as herein provided." (See section 10 of this chapter. ) ' / COUNTY COUNCILS. 83 7 —Time when County Equivalent shall be available. The law i-equires that "the sum annually rotjuired to be levied in each county, for the salaries of legally (jualiHed teaeluTs, shall be collected and paid into the hands of the county treasurer, on or before the fourteenth day of December, in each year." 8— Payment to Teachers not to be refused after 14th of December. Should the council fail, from any cause, to collect and i)lace in the county treasurer's (or township sub-treasurer's) hands the couiity equivalent, the hiw declares that " no teacher sliall be J-efused the payment of the sum to which he may bo entitled from such year's county school fund, but the county treasurer shall pay the county inspector's lawful order in behalf of such teacher, in anticipation of the j)ayment 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 order." Note. — The inspector's check on the county treasurer, or the township sub- treasurer, must be based upon the trustees' lawful order.— .Sf; Chapter on In- spectors. 9.— County Council to take security from all persons entrusted with School moneys. Each County Council is requested to " see that sulhcient security is given by all othcers of the council to whom school moneys are entrusted." Should it not do so, it becomes surety for these oflBcers itself. Municipal accountability for School Moneys. Note. — The Assessment Act of Ontario, 32 Vic. cap. 36, enacts as follows: 197. Every county, city and town shall be responsible to Her Majesty, and to all other parties interested, that all moneys coming into the hands of the treasurer or chamberlain of the county, city or town, in virtue of his officf, shall be by him duly paid over and accounted for according to law. Treasurers to be responsible in Counties and Cities. 198. The treasurer or chamberlain, and his sureties, shall be responsible and accountable for such moneys in like manner to the county, city or town; and any bond or security given by them for the duly accounting for and paying over moneys coming into his hands belonging to the county, city or town, shall be taken to apply to all such [Provincial] moneys as are mentioned in the one hundred and ninetieth section, and may be enforced against the treasurer or chamberlain in case of default on his part. School Moneys may be retained by the Crown. igg. — The bond of the treasurer or chamberlain, and their sureties, shall apply to school moneys and all public moneys of the Province ; and in case of any default, Her Majesty may enforce the responsibility of the county, city or town, by stop- ping or retaining a like amount out of any public money which would otherwise be payable to the county, city or town, or to the treasurer or chamberlain thereof, or by suit or action against the corporation. 84 COUNTY COUNCILS. Remedy to person aggrieved by default of Treasurer. 200. Any person afjfi'icvcd by the default of the chamberlain or treasurer may recover from the corporation of the county, city or town, the amount due or pay- able to such person, as money had and received to his use. 10.— No deduction from legislative grant, or fee can be charged by County Oilicers. In order that each teacher shall receive tho full amount, to which ho is (Mititled from tho legislative grant and county assessment, the school act provides that the county council shall "see that no deduc- tion is made from tho school fund by the county treasurer or sub- troasurer for the receipt .and payment of school moneys." NoTK. — This provision of the law is designed to prevent the charge of any fee (or discount) for payment of the inspector's check by miniicipal treasurers in any part of tiie county. It is also unlawful for a treasurer to \iay a teacher in depre- ciatctl silver or other coin, or to cliargc any discount or ])reniium on it. The legal tender act ])rovides that not more than ten dollars can be paid in silver, without the consent of the person to whom payment is made. .See note to Section 6 of this Chapter. ll.~School Sub-Treasurer for Townships may be appointed. In order that every focility shall ho given for tho payment of teachers in every township, and that they shall iiOl be rocpiired to go to the county town, tho law authorizes County Councils to "ap])oijit one or more sub-treasurers of sclujol moneys for one or luore town- ships of the county." 12.— Township Sub-Treasurers subject to general regulations. In case the County Council should appoint townshij) sub-ti-easurers, the law providef^' that "each such sub-treasurer .shall be subject to the sauie res|iousibilitios and obligations in resi)ect to the accountuig for school moneys, atid the payment of lawful orders for such moneys given by any county inspector within tho parts of the county for which he is ajipointed sub-treasurer, as are imj)osed by this Act upon each county treasurer, in respect to the paying and accounting for school moneys.'' (See note to section 10 of this chapter.) 13.— Care of, and accountability for. School Moneys. In order that due care shall be exercised over the expenditure of public .school moneys in the hands of county inunici])al othcei-s, the Act provides that each "county council shall aimually, or oftener, a})point auditors, who shall audit the accounts of the county trea- surer and other officers to whom school moneys have been entrusted, and who shall report to such council." (See next section.) 14— County Clerk to transmit audited Accour.ts to Chief Superintendent. "With a view to secure uniformity, as well as a general supervision over the various township school accounts, the Act dii-ects that the :# ■^. «^ COUNTY COrSTFLS. 85 %: to*« ."/ "county clofk sliall transmit to tlio diiof siiptiriTitondont of oduration, on or lu'fort! tlio first day of March in oacli yoai', a r(>rtiti<'d copy of the al)stract of tlio report of the auditors, and shall also <,'ivo any exphuiation rclatini,' thereto, as far as ho is able, which may ho re- quired l)y the chief superintendent." 15.— Clerk to report Appointments and Proceedings to Chief Superlnterdert. The hiw further provides that the 'Vounty clerk shall notify the chief superintendent of education, of the apjxiintinoiit and address of each county ins])ectorand of the county treasurer; and shall likewise furnish him with a copy of all procecdiuLfs of the council I'elating to school assessments and other educational matters." 16.— Council may establish County Library for Teachers, &c. An excellent provision of the law i:;iveH facilities for the estahlish- ment of a teachers' professional library, or if desirable, a lil)rary lor the ratepayers of the county. Th(^ council is therefoi-e authorized to "raise by asst^ssment such sums of mou(!y as it may judge ex|)edient, for the establishment and maintenance of a county public school library." NoTK. — -The Education DepartmeiU will {jrant one hunrlref»(!iils to the county council, a^'uinst any jtast or ]»rosont })y-law or n^solution of a tt)\vnship council, in forming or altering tlio boundaries of a school section. (1.) Thejirsf, of the tmo cldsspn of appeal may he made to t/ic County Council to coiijlnn or s(jt asu/c the bi/-l(iio or resolutlou of a Township Council. 1. By a majority of the trustees, or 2. By live rate[)ayers of the section concerned. And the county council may, at its discretion, appoint a committee of not less than three, or more than tiv(i, persons to investi<,'ato the complaint, and to '' couHrm or disallow tho by-law, or resolution, complained of." In this case three thinji;s are jn-ovided for — (1) investigation of tho complaint ; ('1) contirmation of the by-law or r(!soluti()n, or (.")) settinj^ it aside. No moditication can be made in the by-law or resolution. It nuist be either confirmed as a whole, or set aside as a whole. Thus, in tho tii'st case, the by-law or resolution, if conlirmed, shall take effect on tho 2r)th of December next after its passiui^, or, if already in operation, h'itiug it i-emain in full forcf^ ; or thus, in the second case, if the by-law or resolution be set a",ide, the boundaries of the school section shall remain as they were before any alteration was made in them by the townshij) council. (2.) Second case (or claKs) of appeal for the appointment of a Committee to revise or alter bouni/aries olijected to. — The second case, provided for by the new act, is one of " ])etition " or " i'e[)resentar tion," to revise or alter the boundaries complained of, which may be made to the county covuicil : — 1. By a majority of the tmistee corporations concerned, or 2. By a majoi-ity of the i'atepayer.s " of two or more school sec- tions in a township, present at special meetings, called for that purpose." Tn either case; the f)etition or re])resentation may be " to re\-is(! or alter the boundaries of the scliool section of such township, so far as to settle the matters complained of." In this case the county council is also authorized to ap])oint a committee of not less than three, nor more than live, members. (3.) Composition and powers of the Count}/ Council Committee. — In both of tho ci'-^es mentioned, the county judge and the county in- spectoi' are ex-offiao members of the committee. But in neither case \& any piirson competent to act on either of the committees " who was a member of the townshij) council that passed the by-law or resolution comi)laincd of." The law further provides that " the altei-ation made in the bomidaries of any school section by this committee, shall not take effect until the end of the year during / % »">^ TOWNSUIP COUNCILS. 87 which thoy shall bo mado. Tho inspector is rorniirod to givo "duo notice" of any alteiatioivs niadi; l>y the eoiniiiittee, "to tin; clerk of the townshii), and to the trusttfes of the school section concerned." NoTK. — It will be seen that these portions of the law provi.le for two thinps, viz., (i) for a veto jiowcr hy the committee of the county council, to lie exercised either in the rcjical or contirmation of any l)y-la\v or resolution passed hy a town- ship council at any /iini\ which may relate to the boumlarics of a school section. This provision of the law stnps short however at that point, anil restricts the committee to one of two thinj^s as we have shown. (2) The law next provides for the rcvisii! or alteration in the houndaries of two or more school sections, (on a petition to that -ffect from such sections,) at the pleasure of the committee. It virtually j^ives thi i committee all the jiowcrs of a townshi]) council, so far as they relate to the foi'iialion or alteraliini of school sections, and so fiir as such action can settle the matters comiilained of. 20.— Trustees acting under a Township By-law protected. Even should a ti-iisteo corpofation act under a liy-hiw of a town- ship council, wliich may be set a.sido or mtHlitied by the eouuty council coiuniitt(!e, or l)y the township council itself, the school law of 18G0 provides that they ".shall not be liable to any prosecution, or the ])ayment of any daiua<.fes for actin<^ under any by-law of a municipal council before it has been cpuishtHl." None. — The two hundred and fifth section of the Municijial Institutions Act also provides, that in a case a hydaw, order, or resolution be illci^al, in whole or in part, and in case anything has been ihiue under it, which, by reason oi such illefjality, j^ives any person a ri_i;ht of action « * * every such action .shall be hrouyht against the corporation alone, and not atjainst any person acting; under the by-law, order, or resolution. .See also decision of the Courts un the protec- tion to which trustees are entitled in the discharge of their duties. Part I., chapter ii., section 3, sub-section (6), page 15. NoTK. — In regard to the decisions of the Superior Courts, relating to the alter- ation of school section boundaries by municipal councils, see page 95. 4 CHAPTER II. POWERS AND DUTIES OF TOWNSHIP COUNCILS AND THEIR OFFICERS. 1.— Jurisdiction of Township Councils under the School Law. The powers and duties of Township Covmcils and t'veir officers relate to the : — (A.) Foi'mation of new school sections. (B.) Alterations in the boundaries of any existing section. (G.) Detaching of their part of township from union sections. (D.) Union of two or more school sections into one. (E.) Union of all the school sections under a township board. (F.) Establishment of a township model school and union of an adjoining school section with such model school. 88 TOVVNSUIP COUNCILS. (C.) naising of Hcliool ratoaat tlioroqticHt of a trnstoo corporation. (II) Civitig autliority to School Trustees to Itorrow iiioucy. (I.) Issuing (lt!l)onturt'.s for such loans, unil providing a yearly fliiiking fund for their r(>[>ayin(Mit. ('f.) Lending (cha'gy reserve) inunieipalitiosfund to .school trustrcs. (K.) Pui'chase, for building pur[»osos, and sale of school sitos, (under the Municipal Act.) (L.) Raising money " foi- the ostalilishment and support of public schools according to law," (under Muni(;ipal Act.) (M.) Correcting mistakes and supplying omissions in assessor's I'oll. (N.) Receiving from trustees and having care of all bonds of school section collectors. (0.) Payin,; school tnist<>es after the close of the year any uncol- lected rates on non-resiihuit lands, as returned to the clerk by the tioistees. (P.) Establishment and suj'port of a to\vnshij> free public school libraiy. Note. — See also Part I., chapter iii., sections 12 and 13, i>ages 33, 34. 2,— Powers and Duties of Township Officers. The school law detines the duties of townshi[» officers as follows : — (A.) Township devlcs are re([uired to — (1.) INIako out a township .school ma]) in du])licat(^ (2.) N^ tify the per.son appointed by the townshij) council to call a tirst school meeting either In a new school section or for a township school board. (3.) Receive from county insjx'ctor and insert on the township map description of boundaries of union school sections. (-1.) Furnish county ins])(K'tors witlx copies of all proceedings of the township council relatijig to educational matters. (5.) Allow school trustees to have access to the township as- sessment roll. (G.) Receive annually from tmstees a return of all school assessments imposed in their section durhig the year. (7.) Receive at the end of the year from trustees a return of uncollected rates from absentees. (8.) Receive at the end of the year and lay before the council the school trustees' return of uncollected school rates on non-resident lands. (9.) Make a retui-n to the County of all assessments for public school purposes iu their townships. (^B.) Township Assessors are resquired to — (1.) Assess and return on their roll lands within each school section, including each undivided occuf)ied lot. (See chapter iii, section 8, in First Part of these Lectures.) (2.) Allow school trustees to have access to these rolls. >^ hs SCHOOL SECTION houndauiks. 89 (C.) Reeves of touynshipn havo -uthority (with tlio ooiintj inspoc- tor) to — (1.) Form and altor tlio l)outiy the reeve, county inspector, and board of trustees. Union school sections of parts of to^vnships can only be formed and altered by the reeves and inspectors concerned, on the Siime conditions as to the notice of parties interested, etc., as ai-e retpiisite in the ctuse of ordinary school sections. I.^he formation or alteration may be in- itiated ])y the reeve and inspectors concerned, or by a request from tho locality itself. It may be made against the wishes, IjuL not without the knowledge of the parties concerned. 2.— What a Township Council may and may not do in regard to Union Sections. A township council has no power to form or alter union school sections — as such. It may, liowever, so ftir alter the Ijoundai-ies of a union section as to detatch the whole of its part of a townshij) from the union, but it cannot otherwise interfere with union school sec- tions. It must detiicli the whole of its jiart of the townslilp from the union, (and not a portion of it,) and must form the |)art detached into a new section, or attach it to one or more other sections already existing. 3.— Respective powers of the Inspector and of the Reeves concerned. The law devolves upon the county inspectors tlie right and duty of calling a meeting of tho reeves and inspectors concerned to form or alter the l)oundaries of a union section. In case the union atiects two counties or iusj>ectorates, the mcetiug may be called by " any county ins])ector," as provided by law. After the uni(ni has })een formed, or the boundaries altered, each ins])ector concerned is rerpiired to ti-ans- mit forthwith to the clerks of the townships under his jui-isdiction, and affected by the union, etc., "a copy of the resolution by which the formation or alteration was made." In the case of a union of part of a townshi[» with a town or vilhige, the inspector is to transmit the same notice to the town or village clerk, as tlie jurisdiction of the council for school taxhig purposes extends over tho entire school division, or district thus made. Note. — Reeves and inspectors are subject to the same law and rct^iilations, informini:^ and altering union school sections, as arc township councils in formintj or altering ordinary school sections in townships. Sec preceding and succeeding chapters. 5.— Union of f. Town or Incorporated Village and parts of Townships. Frerpiently, on the incorporation of a town or village, it has been considered desii-abie, either (as iix the case of a village) to retain the 94 UKION SCHOOL SECTIONS. old school boundaries or to enlarge them. Formerly this could uot be done, but now the reeves, county inspector and board of trustees concerned, can form such a union. They can also alter the bound- aries of a union division thus formed. In doing so, however, they too must be governed by the .same rides and restrictions as are town- ship councils, in similar cicumstances. 6.— Old School Boundaries of a Village to remain— When P In order to simplify cases of this kind when they first arise, the law provides that the school boun. UNION OP TWO OR MORE SECTIONS. CHAPTER V. 95 UNION OF TWO OR MORE SECTIONS INTO ONE. 1.— When Two or more Sections may be formed into One. Should "a majority of tlie assessed freeliolders and liouseliolders " "of each of two or more" school sections in a townsliip desire a union of their respective sections into one, the trustees or inspector concerned should call the necessary school meeting in each section, for the jmrpose of giving expression to such desire. This can be done by resolution, which must be agreed to, not merely by a majority of ratepayers j)resent at each school meeting, but by a majority of the ratepayers of each section. 2.— Who may form Two or more Sections into One. The trustees of each of the sections, which desire to be united, sh: ."-d transmit to their township council a copy of the resolution passed on the subject of union, and request the council to form the union desired. This reqitest the law requires the council to comply with within a reasonable time. 3.— When may the Union of Two or more Sections take effect. The union of two or more sections into one, as formed by the town- shij) council, may take effect immediately, or at the end of the year, at the convenience or discretion of the parties concerned. CHAPTER VI. DECISIONS OF THE SUPERIOR COURTS IN REGARD TO SCHOOL SECTION BOUNDARIES. (l.) Notice of Alteration necessary before forming or altering School Section. — The Court of Queen's Bench has Jeculecl the following case: On the 19th of December, 1857, a township council passed a by-law creating a new school section called No. 9, out of sections 13 and 8, and defininj; what should therefore con- stitute section 13. Notice was given of the intention to pass this by-law, but it was done at the request of the freeeholders and householders, expressed at a public meeting. On the contraiy, the change made appci ed to be opposed to the wishes of a majority of the inhabitants. On the 8th of May, 1858, a by-law repealing it was passed, of which no notice had been given to the parties interested, thus restoring the sections to their former position ; and on the loth of September, 1859, another by-law was passed, assessed the section 13 as it originally stood, for 96 SCHOOL .SECTION BOUNDARIES. the expenses of building a schonl house, &c. IFdd, that the by-law of May, 1858, must l)e f|uashe(l, for the previous by-law was le^^al, and a by-law repealing it, which woulil in effect make an alteration of school sections, could not be passed without notice of those intere.-,te. K. i^^S. (2.) No'.ice only and tJi: t'onsml ncci'ssarv in altcrin:^ School Section. — The Court of (Queen's liench lias decided th-- following case : — Any alteration in the boun- daries of a section may be effecteil afWf due notice to all parties interested, and indejiendcntly of the consent or request of its Trustees or inhabitants. But the union of two or more section-; into one, cannot be effected without the concur- rence of the inhabitants of each of the seci^io.is concerned. The Court of (Queen's Bench in conlirmiug the decision f)f the Chief Superink-ndent on this .-.ubject, liolds that an alteration in the boundaries of a school sectieople in the township, an. i, Jfarwkh, 7C, P. K.I 73- (II.) Union of t'i>o or more Si\ lions equivalent to the fornmlion of a nerv one — Union Sections. — The Court of (Queer's liencii lias also tieeided as follows: — That the union of two or more sections into one, is e(]uivalent to the formation of a new section, and ^ocn into o[)eraiion (unless especially deferriii to a fixed date) iinine- diaiely after tlie action of the township council ; and the same court has decided that the union of two or niore school sections in the same township iiitn one, may take jilace at any period of the year, and would then require a new election of trustees. — Chief Superintendent, Appellant, in re Trustees iVo. 2, Moore v. William MeRae, 12 (^.Ij. R. 525. But the union oi parts of adjoinint^ towiisliips, and an alteration ill the boundaries of union sections, have no effect until afier the 251)1 iXceinber following the act. In all cases, an altered or unilee: — On applicaiion of the resident inhabitants of a section, the municipality of a township, in 185 ', jiassed a resolu- tion to divide tlie section, by taking .away a part to constitute a new section (but no by-law was passed until 1855, when one was adopted confimiingtho resolution). A meeting was callcxl for the i6th January, 1S54, to elect three new trustees for the section. In the meantime, on the loth January, the ordinary annual meeting ■was held, and a disyjute arose as to whether trustees should not then be elecletl for the en.suiiig year. Some thought not, and left the meeting; while others remained, and proceeded v/ith the election. The local superintendent, being apjiealed to, declared the election illegal, considering the section had become a new section, and appointed another election to take place on the l6tli, when the three defen- dants were ai>pointed tntstees. In Januar)', 1855, the dispute was renewed, and electioas held, so that there were two sets of trustees claiming the office. The first elected trustees, in 1854, abstained from ucting; and the defendants imjioseti a rate, which the plaiiuiif resistetl. IPelJ by the court (aftnnung the preceding case of The Chiif Superintendent of Education, Appellant, from the jn(/i;-e of the Dii^i- sion Conrt of the County of Lamhton, in re Trustees, N'o. 2, Moore v. McMae, 12 Q. B. K. 525), tliat the alteration did not constitute the section a new one; but the rate was legal, being imposed by tnistees de fcuto, who had not been removed. Qiutre, whether such alteration could be made by resolution only. Quiere, also, whether the decision of the local sujierintendent can be thus incidentally u'viewed in an action to recover iiack the rate. — Chief Superintendent of Education, Appel- lant, fro.n the Jud^e of the Di'.'ision Court of the County of Haldiniand, in re Trustees, No 7, Oneieia, GUI &• Jackson et al., 14 Q. li. R. 119. (13.) Alteration of School Section by County Council Ulci^nl. — The Court of Common Fleas has decided the following case: — That, under the Public School Laws of the Province, the township council, and not the [county] council, have authority to sanction any alteration made in school [sections]. A proposed alter- ation Iwing submitted by the [local] superinlentlent of schools to the [county] council, \va.s held not to legalize the alteration thereby proposed. — Me Fee v. Dunbar, lo C. P. R. 94. (14.) Township Councils cannot alter Union School Sections— By-laic to leiy School Rate after alteration also bad. — The Court of Queen's Pencil decided that the Municipality of Vespra and Sunnidale [beft;re the pa-sing of the Supplemen- tary School Act of 1853] passed a by-law remodelling the school sections of those townships, which transferred to union school section No. 3, creatal by the by-law, 4- '^rrrf?^* SnUOOL SECTION nOlNDAIlIKS. 99 i 4. i ^ 'n N'o. 3 was illegally constituted, aljydaw passed to rai^c money for a schooldiou^e erected there, was also bad ; and the by-law in lliis case pa.^se(l for that purpose was bad too, for oniilting to comply with the re(piisites [umler the aajrtl section of the Municipal Institutions Act] of all by-laws creatini; a debt or contractinij a loan. — Ilari iind the lilnukipality of Vcspra aiiil SmiuUalc, l6 Q. B. R. 32. (15.) furwation ami alteration of Union School Scrtions can only />.• f:h\fc by Rci'Vis and School Inspectors. — The Court of Ouecn's I'enc'i lias decided that a township municipality may alter the boundaries of school sections within the township, by lakin<; from one section and addini^ lo another, without any previous request of the [a.^-.essesing thereof. 2nd, that no step having been taken to ipiash a by-law for a year and more from the passing thereof, the ilecision in ///// y. Municipality of Teeurnseth, [6 C. P. R. 297,] was adhered to, and the motion refused on account of delay in nuking ihe application. — Co:ter v. ^Innicipalily of Darlington, li C. P. K. 205. (iS. ) A'otice to parties to he affected hy the alteration of School Sections — QnasMnq: — Tlie Court of Queen's ]k;nch has decide I the follou-ing cacessary school nieetuig in each section, for tho purpose of giviiif; exi»ression to this desire. This can he done l.y r(>solutiou, which must he agreed to, not merely hy a majority of r:itepayers present at each school meeting, but by a majority of the ratepayers in each of at least two-thinls of tho school sections of the township. 2.— Who may form the Township School Board. The tiustees in each of at least two-thirds of the .school sections of a townshi]) (which de.sire to al)olish school section lioundaries and form a township school board), should transmit to tlieir township council a co[)y of the resolution i)assed on the sul»jcct, anc request tho council to form the township into a school niunici[>ality, as authori.scd by law. This rec^ucst may or may not be acceded to l)y the council, ut its discretion. Note.— .Should llie Council accede to the request of two-tliinls of the sections to form a townsliip school boartl, it sliould he done by by-law, and not by resoki- tion. See section 3, chapter ii. of this Second I'arl (ii). 3.— When should the Formation of the Township School Board take effect. The by-law of the township council forming the township into a Bchool munici[)ality may tj«ke effect immediately, or at the end of tho year, at the convenience or discretion of the jjarties concerned. 4.— Composition and Designation of the Township School Board. The township school board must consist of five members, one to be elected in each ward of the township (if so divided) ; otherwise, all the ratepayers of the town.ship may, at the first school election, vote for each of the five mem])ers of the board. The board, when elected, is to be desicnated '• The Board of Public School Trustees of the Town- ship of , in the County of .' 5.— Time of Electing the Township School Board. At the first election of the township school board, the (dection may be held immediately after thtj formation of the board, or after the 102 TOWNSHIP TRLSTEES' BOARD. closoof tho ynar, on tho Hocoiid Wccliiostlay of .Tuunary, at 10 '>'oIf)ok A.M., as ill tlui cas(5ot' <»th()r school (iltxitious. All Hu')s«v(ur';it, olcctioiw of iiicmlc'i'S of till! hoard must bo bold on tlu! suc.Mid W(slii".sday iii January of it solio )1 nuM!tiii;,'s in a t':)wnHhi[), for tlu> eh^ction "f tho si-liool hoard. This [tcrsoii sliould bn notified of his a;);)DintiiiO!it and duty by tho township clock. Should tho por-son tluis appointful f;;il to call tho uiootinjEf withm twenty days aftor ha\'uig Ikhmi iiotiticd, tlio county iusi)ector, and two ratoi)ay(5r.s of tho township may call it. 7.— Powers and Obligations of tho Township School Board*. Tho township school board, on its formation, suociH'ds at mco to all tho powers, riijiits, duties antl obligations of ouch of tho sch >ol s(!C- tion corj)orations which it has suporsediul ; and in it is vested all tlio school pro^jorty of every descrii»tijn in each of tho sovenil soctions. Note. — The other powers and (hities of townshi]> school boards arc identical with those enumerated in chapter xii. of this Second Part. 8.— Ad-^antages of a Township School Board. Tlio advantages of a township .school board may Ixi brielly summa- rized iis follows : 1. Convenience. — Under ato^\^lship board system, all scliool section bounilaries it/.t) abolislied. Every ratepayer has, therefore, tho riglit to send hLs children to any school most convenient to Mm in the township, as he prefer^;. Under tho school section system, ho can only send to tho .school of the section for tho support of wliicli ho jxiys rate.->, although the school hoiLse of iin adjoining scliool section may be monj couA'c?iient to liini than his own, in juint of distance, and be taught by a more etlicient tc^iK-lier. 2. Ecoruyrwf of time and money. — Under a township schocl board, the local divT-sions would be cons.ilidated and practically ' nlarged ; and schools would bo placed only at convenient distances from oach other, and in such localities as rotjuired them. Thus, a to^vnship requii'iug under tho section system fifteen or twenty scliools, could have these schools so ])laced as to be able to do with one or two less in tho aggregate. Thus, tho expense of one or more schools cculd be saved, besides the ex[)ense of frequently collecting rates by tnistees ; and instead of requiring the time and attention of forty-five or sixty trustees, with their collectora, etc., to manage these schools, five coidd do it just as efiiciently Avith the township treasurer and collector. 3. Bettei' Teachers. — Under a township board, the schools can b« qiassified, and each loctdity can claim and insist upon an equally TowNsniP covaciu hates. 103 'X' I % efficient toaf]i"r, accorrling to tho status of tho scL'X)! aivl tlio wants of flic inliiiliitiUitH. 4. ICilncdtiiiiKtl inef/unflties reinovc.iL — ITiKlnr tho scJmuiI fwvtion Hystcm, Imv'lly two hcIiooIh in a t()\vnslii|) are (viually otHci"iit. Kach Bcli'M.I coi'jx i-iiti('i\ ]i;;h its own Ktiindiinl, wliich Viii'i"s mnii' or less in ov( TV .sc^ction. IJn'Icr a towiislii|» Imc-iI, with a .siu;;l«' standml, aiih'd by tho suix'i'visi'in. of thy in.s|»';i.'t()r, tho existinji,' iiK niialiticH couhl Ixj i-einovt'd, luid each ticliool Itroiiglit ui< to a uuiforia staiKhml of excel- lence. r>. Covipetifii'e e.rainlntifious, instcvul cf boi'ijij tho <^xc<'j>tion in a townshij*. woiiM he i)\v rule uiiha* a towii.slup 1h afl. At present th(!se iiiost uscCiii exMiiiinatioMs are rarely held, and (tdy as desii-ed by iudividiial.s. Ah t!ure arc r.o ineiins oi' removing; defeets in iiuli- vidual sch'ol miiiritjement, sliould any In discovers*! by these examina- tions, they fail in. pro lueiiii,'i'ny jxriiie.nei'.t sidntary etl'eet; hut it W( aid bo otherwise und( r a t('Wuship hoard, as j.art c^f its duty would lie to ascei'tain th.e tlefccts, wliich W(/uld Ix) nuido ajiparent by a sy.'teiii of cornpetiti\-e oxaTuinatiou of all tho ischcyls iu a towuslii[» at stated intervals, and remedy them. NtvrK. — Tlic experience of various States in the American Union, which have adojUed the township system, is j^reatly in favour of its successful worlnsidered under th'i foUowiiuj heads: (1.) The discretionary power of councils U): (a.) Kaise money at its pleasure (under the municijud law.) (b.) Rtuso money at its pleasure (tinder the school law.) (c.) Authorize trustees to borrow liioney (under the school Act.) (2.) The duty of the council to: ((?.) liaise money at the i'e(iuest of tx'ustees (under the School law. 2.— Discretionary Power to Raise Money (under the Muni- cipal Law.) The Municipal Institutions Act gives to%vn,ship council."^ discre- tionary power to pass by-laws: "For obtainiug such real property as It # h 104 TOWNSUIP COUNCIL RATES. may be required for tlie erection of public school liouses thereon, and for other ))ublic sclux.l pur[)()ses (and for the disijosul of the same when no lon<;(T reijuired); and for providing for the establishment anil sufjport of pultlic schools according to law." This clause of the Act provides foi- the — (1.) Purchase of school sites; (2.^ Erection of school houses; (3.) Sale of school sites; (4.) Establishment and support of public schools according to law, Noii:. — This clause of tlie Act limits the cliscrL'lionary power of the council to the puicb.ase ami sale of scliool sites, and the erection of scliot)l houses "according to law." The (Queen's Hench (i8 Q. 1}. R., 227) has decided that the plirase "accordini^ to law," means "accordini;; to the provision of the school law." 3.- Dlsci'etionary Power to Raise Money (under the School Law ) The school law authorizes a towriship council at its discretion to iovy such sums as it judgt's expedient, for the following pui-])oses: (1.) Purchase of "books for a townshi}) library, under such regula- tions as may be j)rovided in tliut. behalf." (2.) Procuring of a site, erection of a l)uil(ling, and support of a township model school, under th(! dir(>ction of the council. Note. — .\ town^hi[) liiir.iry may he made available to the latejiayers of the municipality in two ways: (i.) By being kept at some central place, or places, in a township, and changed from time to tin^e; or, (2.) it may be distributed to the several school sections, so as to rotate amoni; them. In either case 'he council can thus ))n)viile fresh readinij matter, at a small cost, to all the irJiabitants of the township. A tov.'nshi]) model school would be invaluable, if properly managed. It might sliow what could lie done in every rural section in the way of classifica- tion, order, method, and ethci>jncy. 4.— Imperative on Councils to raise Moneys required by Trustees. Trustees of rural scliool .sections have the power, Avith th(> consent of the rati'payers, as expresstnl at a jiublic meeting, called for that jnir])0.se, eitlier to raise such sums (under their own warrant) as they may require for any .school ]iurpos<\ or to aj)ply to the township council to do so for them. Sliould tli(> public met ting atitlKH'izt; the trtistees to make an a|i[)lication to the council to raisi> the money required, the council has no oi>tion but to do .so. and to levy the amount by assessment u[»on the ratable [)roperty of the .section con- cerned. 81101111! the council refuse to levy the rate, it can be com- pelled to ilo so by iiMiiilamus. (See Part I, chapter iii, section 13, page 34.) NoTF..— A mandamus is a command issuing in the name of the sovereign from a sujierior court having jurisdiction, and is directed to some person, corjioration, or inferior court, within the jurisdiction of such superior court, requiring hun or it th k fc > ■ TOWNSHIP COUNXML HATES. 105 * > »»., ..•'' to do some particular thins; therein specified, which appertains to Im olT.ce and h. V orT. show cause why lie has not done it. Tliis writ was ,ntro,luced to pre- SVli <> de -m^ faihKc of justice ; therefore it ought to be used upon all occaj ironVwhc-re Ihe law has established no specific remedy, and where, m justice and good government, there ought to be one. 5.-Purposes for which the Council must levy Rates, if asked. ' Tnist.vs havo the power,' with the consent of their constituents, to compel a township council to levy a rate upon the section for the followiivg i)nrposes, viz. : — (1.) Purchase of a school site ; (2.) Erection or rent of a school house ; (3 ) Retiairs to, and furniture for. a school house ; (4.) Purchase of maps, charts, and ai>i>aratus for the school ; (T) ) Purcliase of library, prize and text books ; (G.) Salary of the teacher, and other expenses of the bcLool. 6.-Limitation as to time of applying to the Township Council Althou-h the trustees themselves may \e^y a school rate upon the nropertv of the section once a month, or twice (if necessary) yt, rlicy L oni;- rciuire a township council to do so oiice a year (excej.t tor the purchase of a site for the erection of a. school house) ; an< evt^ then their application to the council tor the levy ot a rate hn any purpose must be made to it "at or before its nuvtui- m August. 7 ^Permission to Trustees to raise Money by Loan Should the ratepayers of a school section desii^ thj' trust<^es to i-aise such sums as they (the trustees) may require for the erection or rei)airsof a school house, the trustees must apply to the to^^ n.h p council tbr authority to do so (at any time •^'!"•^S/|V^ ^"'"iLio^ couiicU may exercise its discretion ni the granting of tins P^n u, on or not. at its pleasure. Should it give tlu. trustees he i uthoiity a^ked for, it will be necessary for the councd to pass a by-law on the subiect providing for the — -.,, , . m.o., ( 1 ) Issue of township debentures for the amount of the trustet^ loan. (2) Levying of an annual rate upon the section concern^'.! lor tlie rei)ayment of the loan. NoTE.-Tne Courts have decided that, in determining the P^^'-'^^\"| ./'.'*-]= loan the trustees have a voice in the matter as well as tlie township counc. m fac that te duration of the loan shouM be a matter of nu.taal consuhaliun and lrran!!;.ment iletween the parties concerned. The application for authority to raise money bv loan may be made to the council at any lime. 8.-What the Council must do in granting leave to Trustees to boriow money. Irx case a towtiship council should authorize trustee^ to^"^"'^^ money, (as provided by the 35th section of the Consolidated School > ^' lOG TOWNSHIP COU>fCIL RATES. Act,) it nmst itself provide for tlio levy in eacli year, on tlio "tjixable pi"t)})erty oi' the >secti'»n concerned, a .sulHciont sum for tli<^ payment of tJie inttu'cst of the sum so l)orrowed, and a sum .siillicient to pay off the princiiial within ten years." (.See decision of the Court of Queen's Bench on this subject on page 111.) 9.— Shall the Municipal or School Corporation issue Deben- tures for the Loan? This bi a debatable tpiestion. Tlie School Law is silt J- on the subject; but the Ccui'ts have given a qtiad recognition of the issue of debentures by trustees for this purpose. When it can be so arranged, the township council ought by l)y-law to authorize the issue by itself of the necessary d(!l)entures, especially as the courts hav must, as a generd rule, be intrinsically greater in the stock market thiin that of a trustt^e corporation for a portion of a township. Such a corporation may, .,t airy time, be tlissolved without its consent, but a township coi-j)oration cannot bo so dissolved. .! "** r ■^■■ <^,^ •*. !" ■^.fe? * TOWNSIUP COUNCIL RATES. 107 0^ ^ f % ■ 10.— Form in which Trustees should apply to the Township Council. All ii])plications from the trustees to tlie townsliij) councils to I'.-iiso moncv, either by vote or by loan, sliould be iu writiui;, iiml siH'citic in its pur})ort. These applications should distinctly state tiiat the trustees liave the authority of a public school meeting for iuaking them ; and should contain an estimate of the sums requin.Ml by the trustees for the object s[)ecitio(l, under the heads of the (1 ) Purchase or enlargement of a school site ; (2) Ei-ection of a schooldioiise, or teacher's residence ; (3) ll(;pairs to the schoobhouse, or teach(n''s residenct^ ; (4) Desks, seats, school furniture, ap[)aratus, j)rizc.s, lil)rary, etc.[; (5) Teacher's salary, and other exi)enscs of the school, etc. Note. — The trastees are not required to ask the consent of the ratepayers to the (loiuL^ of any of the thini^s mentioned in tlie estimate sent in to the couiieil, or the providing for their purchase or pajanent. In these matters tlie trustees alone are to use their own unl)iased judgment, and must exercise their own (hscretion, withovit restriction or control from a pul)lic meeting, or any ratejiayer or rate- payers. But in all cases they must convene a meeting of the ratepayers to decide %o:o the money required by them, for any or all of the puri)oses named, shall be raised. In case the meeting neglects or refuses to decide the question, or passes a resolution to fori)id the levy of a rate, or otherwise to prevent the trustees from obtaining the necessary money, the trustees must exercise the inherent right which they possess to levy and collect a rate themselves upon the taxable property of the section for the sum required. 11.— Township Councils may Loan Money to Trustees. The 27()th section of the Municipal Institution Act (^O-'JO Vict. ch. 51), iuithorizes trustees, with the consent of the rate-payers ''of their section," " obtained at .i sj)ecial meeting, duly called for that piirpose," to borrow from ;i township or county council, from tuiy surplus clergy reserve money set apart for educationtil purposes, such sums as they may require for the (1.) Purchiise of a school site, or the ("2.) Erection of a school-house; and for either of those pui-poses only. Note. — By the wording of this 276th section, it appears that the trustees cannot borrow money from the township council for the purcha,se of a school site, ami the erection of a school-house, but only for af/zer purpose ; and any sum or sums so borrowed shall be api)lied to that purpose, and to that only." They may, however, with tlie consent of the township council, borrow money from private parties for any lawful school purpose whatever. 12.— How the Consent of the Bate-payers to the Loan may be obtained. ^he law authorizing the trustees to obtain a loan from a umnicipal council is indeliuite, tind is somewhat contradictory to the provisioas of the School Act. It says: "Any board of achool trustees may, with I 108 TOWNSHIP COUNCIL RATES. tho consent of tlio [rate- payers] of their school section, * * * obtained at a si)C'cial meeting duly called for that purpose, by by-law authorizes the borrowing from any municipal corporation," etc. The intention of the law, no doubt is, that Avith the consent of the rate- payers, authorizing the loan, the trustees may pass a by-law, fixing the term (or period of the loan), and " rate of interest," which ai'e to be set forth in the by-law. As it reads, however, the meeting of rate-payers is rerpilred to pass the by-law. The meeting of rate- payers and the trustees had, therefore, better both pass by-laws on the subject, in the manner suggestt^d in the following note : — NoTK. — The words " board of trustees" do not, in tlie School La\T, apply to rural trustee corporations, but only to those in cities, towns and incorporated villages, nevertheless, the phrase, "their school section" maizes the words, "board of trustees," in this case, apply to rural school trustees. Further the plain ^rannnatical construction of the section quoted would show lliat the juiblic meetin}^ should pass the by-law. liut it was clearly never tlie intention of the Act to declare lliat an irresponsiljje public meeting, (not being a corporate body or having a corporate sealj, should pass a "by-law." The "by-law" had, liowcver, better be suljinitied tiy the trustees and passed by the pul^lic meeting (in the name of the meeting and trustees) and afterwards verified by the signatures ot the tras- tees and the cor]iorate seal of the section. (See note to (F. ) of section S, chap. I, of the fust part of these Lectures, page I2. ) 13 —Payment to Trustees of Uncollected Non-resident School Taxes. Tlie law declares that, " if the collectors appointed by the trustees of any school section, be unable to collect that ])ortion of any school rate wliich has l)een charged on any parcel of land liable to assess- ment, by reason of their being no person resideiit thereon, or no goods and chattels to destrain, the trustees shall make a return to the clerk of the municipality, before the end of the then current year, of all sucli jtarcels of land and the uncollected rates thereon, and the clerk shall make a return to the county treasurer of all such lands and the arrears of school rates thereon, and such arrears shall be col- lected and accounted for by such treasurer in the same manner as the arrears of othoi- taxes ;^ and the township, village, town or city in whicli such school section Ls situate, shall make up the deficiency arising from uticollected rates on lands liable to assessment, out of the general futids of the municipality." NoTi;. — The whole question of the collection of non-residents' school rates, etc., is fully discus.ied in Chap. I\'. of the first part of these Lectures, pages 34-37. ' ■' ■ T — - - 11 — ^ ■ .. ■■■ I ...-_ — , ■ ' ■ - — .— - I ■ ■ ^ *The Assessment Act, (29-30 Vic. ch. 53,) section Il6, requires " the treasurer of cacli local municipality," within fourteen days after the time appointed for the return and final settlement of the collector's roll, and before the 8th day of April in every year, to furnish the county treasurer, with a statement oi all arrears of school rates directetl in the said collector's roll, or by school trustc-es to be collected ; said return to contain a description of the lots, etc., a statement of unpaid arrears qf taxes, if any, on lands of non-residents, etc. i f t 2 TOWNSHIP COUNCIL RATES. CHAPTER IX. 109 DECISIONS OF THE SUPERIOR COURTS IN REGARD TO TOWNSHIP RATES. (l.) In replr^y [see note {*) on pat^e 53], the defendent must shmv that iht'consenl cf the public meeting 'tvas obtained. — The Court of Common I'leas has decuied that a party avowinij [i.e. the collector, in a case of replevy, justifying or maintaining the act of distraint] for distress ia the levying of a school rate, the by-law for sanc- tioning such levy, which recjuires to he passed upon the request or with the con- sent of certain persons, must show such request to have l)een made, or such con- currence or consent obtained. Held, also, that upon such avowry, the avowant must set forth the conditions precedent required by law to be complied with before the passing a by-law to levy a rate for school purposes. — Haacke v. Marr, School Section No. 11, Markham, 8 C. P. R. 441. (2.) School Trustees' order necessary for School Money collected by Toirnship. — The same court has also held, that a demand or order from a majority of the school trustees of a school section, is necessary to sustain an action fur money collected under a by-law passed under the authority of [the thirty-fourth section of tlie Con- solidated School Act.] — Trustees No. j, Caledon v. Corporation of the Tozunship cf Caledon, 12 C. P. R. 301. (3. ) ffoiv the desire of the Ratepayers must be expressed — By-law to hiy Rate for School Hiuse. — The Court of Queen's Bench has also decided the following case: The Scarborough township council, by resolution, agreed to lend to the school trustees, out of the clergy resei^ve fund, a sufficient sum to build a school house, taking as security their debentures. This arrangement was made by the trustees, ■without any reference to the ratepayers ; but at the next annual school meeting, at which the applicaat was present, the matter was discussed, and the contract and plans for the building examined. The council subsetiuently, on the requisition of the trustees, passed a by-law to raise a sum for school purposes, which w.\s required to pay the interest of these debentures, and to redeem one of them. The applicant moved to quash this by-law, objecting that the loan effected by the trustees without the consent of the rate-payers was illegal ; but it ajipeareil that the school house had been finished and occupietl, many of the ratepayers swore that they were satisfied with what had been done, and the affidavits were contradictory as to how- far the applicant had acquiesced in the proceedings. The by-law not being illegal on the face of it, the court under these circumstances refused to interfere. — Qu,cre, whether under the Consolidated Public School Act, chap. 64, section twenty- sez'en, sub-section ten, and section thirty-four, the concurrence of the free- holders and householders required to enable the trustees to call upon the council to le^y money for the purchase of a sch.ool site, &c., can be expressed at the annual school meeting, without notice that the question will then be brought uji. — In re Tabcr and the Corporation of the Toivnship of Scarborou^^h, 20 Q. li. R. 549. (4.) Tirwnship Council cannot raise School Rate for County purposes. — The Court of Queen's Bench has decided as follows : A townsiiij-> by-law was quashed in so much as related to the raising of a sum of money, to defray the demands of the county council on the township, and as an equivalent to the legislative school grant ; it not appearing in the face of the by-law that it was directed to the purpose of meeting a deficiency. It follows therefore that a township council has not power to pass a rate in aid of any county rate as the [Municipal .-Vet] authorises the county councils to pass by-laws to raise money for county purposes, and the township council for township purposes ; and the [fortieth] section of the Consoli- 110 TOWNSHIP COUNCIL RATES. dated School Act, expressly makes it a duty of the county (and not the town- shij)) council to cause to be levied each year upon the several townsliips of the fouu'y, sucli sums of money as shall at least be equal, clear of ail ciiarj^es of collection to the amount of school money apjiortioned to the several townships out of the i;ovcrnment grant. — F/ctc/ier v. Municipality of FAtphrasia, d^r., 13 Q. B. R. 129. (5.) Tf.fnship CoiDicil catinot i)ttcrfere 'ivith tlie established School System. — The Court of Queen's llench has (iecided the foilowini; case: The l)y-law of the 1st of October, 1855, enactei./" y/^fZ/c/f /"('/-i/'/^^';/ delivered the follow- In,- ■ 'nt of the court: With respect to the bydaw passed in 1855, if it had '', u 'her than to ajipropriate a sum for that year, out of the funds of the tc I . > be applied to the support of common schools, we should nut have interferes so long after its operation had been wholly spent, and ap]iarently ari uiesced in ; but it is, on the face of it, permanent in its character, and it seems lo have ' een ]ji- ' 1 altogether in disregard of the provision of the Common Seh.ool Act. '' ' ' ii is ] lain, from the recital in this liydaw, that it professes to substitute a systi 'u ue\ 1 .ed by the municipal council for t it laid ilown by the legislature, for the ^upj^ort of common schools. It is evident that that bydaw was not intendexl to co-exist with the method of raising funds in the township laid down in the School Act. * » * \Ve think we are bound to say that it is ■wholly beyond the authority given to the township councils, and that we cannot forbear quashing a by-la\f which is not shown to have been repealed, and which professes to establihh a system for raising money annually for the suppoit of com- mon schools, in a manner decidedly at variance with the statutes of tlie province, and without that reference to the juilgment of the school trustees, and to the wishes of the inhabitants, which the legislature intends shall form part of the system. HovTcver convenient or good the system pro\ ided by the by-law might prove ill itself, the townsliiji council had no authority to adopt it. We therefore make absolute the rule for (juashing that by. lav,. In re Dunlop and the Tmonship of Douro, 18 Q. B. R, 227. (6.) Municipal School luites must be paid to the Municipal Treasurer. — In a suit on a bond made by a collector under a by-law of the Huron District Council, to collect the sum of ^100 within school section, and to build a school Ikjusc therein, it was held, that all moneys collected for the erection of school houses untler any by-law of the municipal council, were jxiyaljle, not to the sui^erintendent of sc hools but, to the municipal treasurer, who alone, under the late Act, w^as autho izcd to take security from collectors for the payment of moneys collected for public pur- poses. Bro7vn v. Styles, et al, 2 C. P. R., 346. (7.) School Kates must be levied equally on all taxable property. — The Court ot Common I'leas has decided, that when the municipal council of a township, intending to act under the thirty-fifth section of the Consolidated School Act, levied a rate for common school jnuposes upon the resident inhabitants of a school section only, it was /h'/(/that, under the School Act as well as the Municipal and Assessment Acts, the by-law was invalid, because the rate should be levied on all taxable property, whether real or personal, of the inhabitants, resident as well as J k I s 4f r - TOWNSHIP COUNCIL RATES. Ill agr> .-I 'M ^. S \ non-resident. — /// n- Dc' la Ilayi v. Municipality of the Gore of Toronto, 2 C. P. R. 317. (.Sec decision In re De la Ilayo, lic, 3 C. P. R. 23, below. See also decision as to rates in city of Ottawa, and other decisions. (8.) A/aximion raff of interest to he paid by Municipal Councils. — The Court of Queen's ]]ench has decided that municipal coiporatioi\s catniot, by liydaw, ])n)vide for nu)iiey at a rate of interest exceeding that authorised by the statute. — IVilson V. Municipality of the County of £l^in, 13 Q. B. K. 129. (9.) Authority to raise a rate to pay off a loan for School section purposes. — The Court of Connnon Pleas has decided as follows : — A by-law of a town-hip council authorizing the levy of certain rates in a school section having been (lua^hal, the council then, without a second school section meeting having been called, passed another by-law for the same ])uri)ose, it was held by the Court : I. That the discretion to raise the sum within any number of years, not more than ten, rests as nuich with the council as with tlie school meeting or trustees. 2. That a second meeting of the inhabitant?;, after the former by-law had been quashed. Was not necessary. 3. That the rate was not declared on the ])i()])erty asse.-ed in a previous year; liut only the amount to be raised was determined by reference to the assessed value of property in that year. 4. 'J'hat (he rate not being com- plained of as excessive, its being calculated to realize more than the precise snm required, did not render the by-law invalid. 5. That the duty imposed on the clerk in making out the assessment list of the section, in aeeoidance with, the township by-lav, was in accordance with the statute. 6. That a ]ui)viso of the by-law sanctioning receipts, pro taiito, given to those who had paid under the invalid by-law, did not render the second by-law void, — because such parties, although entitled to restitution, would have to pay de mnjo. — In re De la Ilaye v. Municipality of Toronto, 3 C. P. R. 23. 10. loan by Township to School Section. — The Queen's Bench has decidtxl the following r se : — A township corporation passed a by-law, reciting that, by the 35th section of the Consolidated .School Law, .authority is given tu tow nship coun- cils to collect by special rate in school sections that had l)ecomc indebted to them by loan, and that a certain section had borrowed of the municipality four Imndred dollars ($400), due at different days; and enacting that there should be levied in the section by the collector of the municipality the sum of two hundre^l and sixty- two dollars (¥262), to meet a certain portion of said loan. This by-law was ([uashed, for (among other objections) the statute referred to gives no sucii authority; and if it did, it requires provision to be made for levying the whole sum borrowe'^^l. The money was said to have been lent out of the Clerg^y Reserve funds of the township, and 27 Vic. cap. 19, was referred to as authorizing it, but the statute was pa.ssed after the loan. The Legislature of the I'rovince very wisely enacted and made it compulsory (by the thirty-tifth section of the Consolidated School Act) upon town- ship coimcils, (in the event of their granting authority to school sections to borrow money for any of the purposes ri;ferred to), that they should also provide the means for securing re-payment of the amount borrowed, by the levying in each year, through their own collector, by a special rate on the taxalile property in the school section, sums sufficient to pay off the interest and principal wiliiin ten years. — In re Dohcrty w The Toivnshif of Toronto, 25 Q. B. R. 409. (II.) Tozunship Council entitled to notice of a^rtivn, — A municiiTal council of a township is entitled to one month's notice of action under the statutes 14 and 15 Vic, Ch. 54, and 12 Vic, Ch. lo. — Barclay v. Th-e Municifkilily of Darlington. 5 C. P. R. 432. See also 5 C. P. R., 141 and 269, 6 C. P. R., 334 and g C. P. R., 423. 112 CITY, TOWN AND VILTAOE COUNCILS. CHAPTER X. CITY, TOWN, AND INCORPORATED VILLAGE COUNCILS. 1. Powers and Duties of City, Town, and Village Councils, The law rcfiuircs city, town and incorporated village councils to : — 1. Raise by assessment the equivalent to the Legislative School Grant. 2. Raise such sxxms of money, and in such mannc^r, as may be required by Boards of School Trustees, as per their estimate laid before the Council. 3. Take security from all parties entrusted with school moneys. 4. Have the school accounts of the municipality audited, and a return of them made to the Chief Superintendent. 5. Report municipal school proceedings to the Chief Superinten- dent of Education throu<;h their clei'ks. 2. Councils to raise Moneys as per Trustees* Estimate. The law authorizes and requires boards of trustees in cities, towns and incorporated villages " to prepare from time to time, and lay before the municipal council of the city, town or village, an estimate of the sums which they think requisite : " (a) For paying the whole or part of the salaries of tejichers ; " (b) For purchasing or renting school premises ; " (c) For building, renting, repairing, warming, furnishing, and keeping in order the school houses and their appendages and grounds ; " ((/) For procuring suitable apparatus and text-books for the schools ; " (e) For the establishment and maintenance of school libraries ; and " (/) For all other necessary expenses of the schools under their charge. " And the council of the city, town, or village, shall provide such sums in the manner desired by the said board of school trustees." 3. Councils have no option but must raise money required. From this latter part of the preceding section it will be seen that the municipal councils of cities, towns, and incorporated villages have no option, but must annually raise such sums as the school boar .Is " think requisite " for defraying all the expenses of the school for the year. The council must raise it also " in the manner desired by the board of trustees," whether by rate or loan. SUPERIOR COURT DfiCISIONS ON CITY COUNCILS, ETC. 113 Two thing-; sliould be observed in regard to tliis matter, viz. : — estimate" duly prepared siiould be sent to the munieipal eoimcil with -• — ~- — J I -I • — — ;— — -■[ — . request in writing for the amount refjuired ; indicating at the same time nanncr'' in wliicii the ld a by-law to provide the sum required, which they afterwards repealed, and substi- tuted another, imposing a smaller and insufficient rate ; and no reason was given for refusing to provide the sum called for. — .School Trustees of the City of Toronto V. The Corporation of the City. 20 (^. B. K. 302. (4.) City and To7on Councils required to raise the amount desired hy the Board of School Trustees. — The Court of Queen's Bench has decided the following case : The eleventh clause (jf the seventy- ninth section of the Consolidated .School Act which requires municipal cor])orations to provide the sums required by school trustees "in the manner desired" Ijy them, authorize!- the trustees to direct at what time the money shall be paid, Init not how it is to be procured. The court 9 L2 114 SUPERIOR COURT DECISIONS ON CITY COUNCILS, ETC. therefore refused n nianilamus to levy a rate, but granted it to provide the money as (li'^irol. Where it appeared on aftuiavit that stejjs had lieen taken to jirovidc the siun required, a mandamus nisi was nevertlieless j;ranted. Tiiey declined, on the motion for the writ, to consider objections to certain items in the tr .stees estimate, as these could form no reason for withlKjlding the wliole. — ScJwol Tnisttcs of the City of Toronto v. The Corporation of the City. 23 Q. ]!. R. 203, (5.) A vote of the sehool rntepayers not neeessary in cities, tokens, and villages, as in school sections. — A vote of the ratepayers is nemand and refusal must be sho'on before mandamus loouhl issue against a City or Tv'iCn Council to li'jy school 7-ate.— The Court of ()ueen's JJench refused a mandamus against a municipality to levy a rate for school purposes, because the demand ami refusal of a certain sum was not sufficiently shewn. School Trustees of Collingii'ood \. The Municipality of Colfing-ioood. 17 Q. U. R. 133. (9.) A'ight of action against a City or To-on Conned does not belong to the teacher. — The Court of Queen's Bench has decided : That an aclinn would nf)t lie against a municipal corporation by a school teacher, upon an order m de upon and accepted by the treasurer in the plaintiff's favour for his salary, the treasurer having no power to bind the cor]-)oration by such acceptance. Held, also, that the teacher could not maintain an action against the corjioration for refusing to levy a rate for his salary, iijion an estimate furnished to them for that purpose by the trustees. — Smith v. The Corporation of the Village of Colling70ood. 19 Q. B. R. 259. (10.) Treasurer must honour trustees' orders for sehool moneys. — The Court of Queen's Bench has decided : That portion of the rate which, by the enactment of law, goes into the hands of the treasurer, is .subject to the order of the trustees. He may not have received the money, or he may refuse to pay their order, but in neither case can they be liable to an action for not paying the money. They are public oihcers, who have only to discharge their proper duty. If they refused to make an order, a mandamus would lie against them, or perhaps a special action for not making the order ; but not an action for the money, for that is not in their hands. If the treasurer fails in his duty he is liable to indictment, and might be found liable also to a remedy by action. — Quin v. Trustees, Ho. 4, Seymour. 7 Q. B. R. 130. (il.) Mandamus to corporation to provide money for school trustees — Insufficietuy of trustees' estimate and demand. — On application for a mandamus to compel a municipal corporation to provide $3,500 for a board of school trustees, it i^m..^ * ^^K -» t SUI'ICIUOK COCRT DECISIONS ON CITY COUNCILS, KTC. 115 r appeared that on the I5lh of March the trustees wrote to the corporation, inform- ing them that they had i)assecl a resolution on tlie I2th inst., directiiif; their chairman and secretary "to wait .)n ;h" council at its next meetini^ and submit an estimate f'lr $5,500, for the purjxjse '^f building a brick school house, the same to be [irocured by the loth of Apiii," and rerpiesting the council to provide said amount in accordance with tiie estimate. On the same day, after receiving the letter, the corporation notified tlie trustees tliat they were unable to comply with tile demand ; and on the 1.5th of April an order upon the treasurer of the council by the chairman of the l)oard of school trustees for the $,;.500 was presented, and payment refused. ILld, that the statute which reipiires the trustees to prepare and lay before the council an estimate, had not been complied with : and that the tleniand tor jiayment within tliree weeks, without showing that the coi'po- ration had funils in hand available for the puri)ose, was not reasonable. The mandamus therefore was refus-d. — In the matter of the Sehool Trustees of Mount Forest v. The Corporation of Mount Forest. 29 Q. B. R. 422, (12.) Applieation for mandamus to le^y rate — Form of estimate — IVaiTer of its insuffieieney—Proof of liy-Unos.—'Wm school tnistees of a town applied for a mandamus to tlie corjioration to pay over all monies coUecterl for the erection of school buildings under a bydaw of the 2lst of August, and to collect the sum remaining; or to provide for the trustees $1,000. It appeared that the trustees had passed a resolution to apply to the corpor.ation forS!3,ooo for school buildings, upon which a by-law was passed t(j raise that sum. This bydaw was repealed and another passed to raise the necessary sum, but it was defective. Held, that though the resolution of the trustees was not a sufficient estimate, the objection was cured by the corporation having jiassed a bydaw in pursuance of it ; but thai as that bydaw was invalid, the court could not enforce anything arising under it by mandamus. //,/(/, also, that the estimate being insufficient a mandamus could not be granted to provide the sum mentioned in it, as asked by the second alternative of the application. Two copies of bydaws put in not being proved under section 193 of tlie Municijial Act could not be read, but the same bydaws were set out at length in affidavits filed, the deponent swearing that a bydaw was passed by the town council "in words following," which was held sufficienl for the inir[ioses this application. Sec. 193 provides for the proof of bydaws in general case.-^, ^ec. 198 for tlie special case of an application to quash. — /;/ ;r the Board of Sehool Trustees of the Toicn of Sandwieh v. The Corforation of Sandwieh. 23 Q. B. R. 639, (13.) Sehool assessment in a toi^^n— Authority of collector — Individual ratepayer cannot obfeet to estimate — Fort)i of roll used. — A board of school trustees in a town passed a resolution slating the sum requiretl for school purposes, of which their treasun-r gave notice to the town clerk, verbally or in writing, but not under the corporate seal. The corporation, however, made no objection, and acted upon it as an estimate. Held, that though it would have been insufficient on application to compel the town to levy the money, yet an individual ratepayer could not object. Sec. 24 of the Consolidated Assessment Act, ch. 55, applies to the assessor's roll only, not the collector's. Defendant was duly appointed collector of the municipality for the years 1S65 and 1866. //,,■/(/, following A^eivberry v, Steplkns, 16 (I- B. R. 65, Chief Superiiitendent of Education v. Farrell, 21 Q. B. R. 441, and Ml Bride v. Gardham, 8 C. \. .'^96, that he had authority in 1866 to distrain for the taxes of 1865 upon the ovn:er of premises duly assessed. Defen- dant held two rolls, each headed "Collector's Roll for the Town of Belleville," one being also headed "Town Purposes," the other " School Purposes." In th:> first, the column headed " Town or Village Rate" contained nothing, but in that headed "Total Taxes Amount," §40 was inserted. In the other that column had nothing, but $16 was in the column he.T.ded "General School Rate." Held, insufficient, for there was nothing to shev for what purpose the sum not specified to be for school rate was charged. Spry v. McKenzie, 18 U. C. R. 161, distin- guished. The omission to set down the name in full of the person assessed was treated as immaterial. — Coleman v. Kerr. 2,1 Q. B. R. 5, no ELECTION OF CITY UOAUDS, KTC. (14.) yoint hoard of ^^ramnuir and public .u/iO' of the last municipal elec- tions," and in towns and incorporated villa;,'es not divided iji to wards, it shall lie lield '"at tlu^ place of the then last annual election of eoun- eUloiu" [NoTK. — 111 case tin; election uf a public school trustee (on complaint heiiij; made to him) lie set aside by a county judge, the law authorizes him "to appoint the time and //(UT of holding; a new election. (See sections 6 iV 7 of this ciiai)ter.) 4.— Who shall preside at a Public School Trustee Election ? Each public school trustee election in cities towns and incorporated villages, shall he Ihld under the , the names of the candidates proposed, and shall, opi>o^iie to such columns, write the names of the electors otTerint; to vole at the election, lie shall also in each column, in which is entered the name of a candidate voted for by an elector, >et the figure " I " opposite the voter's name. (2.) The returning officer shall, at the close of the poll, add up the number of votes set down for each candidate for tiie ofike of trustee, and shall luiblicly declare the same, beginning with the candidate having the greatest number of votes, and so on with the others ; and shall thereupon publicly declare elected the candidate or caruliilates respectively who shall stanil highest on the poll. (3.) In case two or more candidates have an eipial number of votes, the return- ing officer shall give a vote for one or more of such candidates, as the case may be, so as to decide the election ; and, exceiit in such case, no returning officer shall vote at any election held l>y him. (4.) The returning ofticer shall, on the day after the close of the election return the poll book to the clerk or secretary of the public school board. He siiall also append thereto his solemn declaration that the poll book contains a true statement of the poll, and transmit his certificate for the persons (naming them) who have been duly elected. 118 ELECTION OF CITY BOAKDS, ETC. 6.— Who shall call Meetings for the Election of Public School Trustees? (1.) On tlio iiicorporatiou of towns und incorporated villages, not divided into wards, the liist meeting for the eh^ction of pnhlic school trustees shall be called by the " returning oliicer i»pi)ointcd to hold the first municipal election in such town or village." Note. — For boundaries of newly incorporated \illai;es. (See sec. 5, ch. iv.) (2.) In case of tne " neglect for one month " of the n^tnrning officer to call this lii'.st school meeting fur the election of six trusties, in a town or village not divided into wai'ds, "any two freeholders in such town or village may call a meeting for such pui'])os(\" (3.) The annual meeting for the election of public seliool trustees ill cities, towns and incorporated villages sliall be called by the public school board. (4.) A comity judge who, on appeal, s(^ts aside a public school trustee election, in refjuired by law to '' a])point a time and phice of holding a new election." Note. — The county judge is merely recjuiicd to " appoint tlie time and ]ilace of holding a new election," in case he sets aside an election, against which an appeal had been made to him. He may either call the meeting himself, or direct the trustees to do so. (See section 13 of this chajiter, next page.) 7.— When must Public School Meetings be held? (1.) Th(> animal sclund meetiiig must be held on the siicond Wed- nesday of Jaiuiary of each year, at nine o'clock a.m. (2.) A special school meeting may be held at any time fixed upon by the trustees at their discretion. (.").) Tlu^ county jiulge is authorized to " appoint the fimrand ])lace of holding a new election, when he sets aside one agidnst which a complaint has l.ieen made to him. 8.— For what purpose can School Meetings be called ? Public school trustees in cities, towns and incorporated villages, are antliorize(l to call school meetings for— (1.) The annual election of school trustees. (2.) The election of a ]»ul)lic school trustee or ti'ustees, to fill a vacancy or vacancies in the school coi"]H)ration, which may be caused at any time l)y (1) death, (2) resignation, (3) removal from the munici- pality, (4) void election, (5) refusal to act or (rson wilfully makes a false declaration of his riglit to vote, he shall be guilty of a misdeeu'anor, and upon conviction, upon, complaint of any other person, shall he. punishable ])y tine and impri- sonment, at the discretion of the Court of Quarter Sessions ; or by a penalty of not less than Jim ality. 17.— How shall Retirement of each Trustee be determined ? After the first election of a board of trustees they shall, at their fii^t board meeting, determine by lot how they shall individually retire from office. The number to retire in each case is as follows : (1.) Where wards exist : one annually. (2.) AVhere no wards exist : two anniially — the six trustees on the board having first been di^•ided by lot into three classes of two each. Note. — Although a trustee, as al)ove explained, retires from office on the second Wednesday of January in each year, yet, n case of a failure, from any cause, to elect his succesxM-, he holds office and legally acts as trustee until such successor is elected. The >ame rule applies in case of the resignation or removal of a trustee. 18. Who may.be a Public School Trustee ? (1.) Any " fit and prO| er person," resident or non-resident, rate- payer or not. (2.) (Aftcn- a first election) any retiring trustee. 19.— Who may not be a Public School Trustee ? The law excludes the following persons from the office of public school trustee : (1.) An inspector of public school^.. ♦ r ► ^•rv':f:^> CORPORATE POWERS OP CITY BOARDS, ETC. 121 «r"r (2.) A teaclier in ii higli or i)ulilic school, or coll(>ct * * trustees, [to till up the vacancy or vacancies] * * and the trustees thus elected shall hold, aiul retire from office, in the manner prescribed for trustees." 2.— General Powers and Liabilities of a Corporation. The C'onsolidated General Interpretation Act furthei- declares that '' words making any association or number of [tersons a corporation, or body politic and corporate, shall vest in stich corporation power to 1 Oo CORPORATE I'OWERS OF CITY BOARDS, ETC. sue and bo sued, contract and be contracted with, by their coqiorate name; to have a common seal,* and to alter or change the same at pleasure, and to have per[»etual succession, and power to acquire and hold personal propei-ty and moveables for the ])urpose for which the corporation is constituted, sind to alienate the same at pleasure ; and shall also vest in any majority of the members of the cori)oration, the power to bind the othei-s by their acts ; and shall exempt the indi- vidual members of the corpoi-ation fi-om personal liability for its debts or obligations or acts, j)ro\ided they do not contravene the Act incor- porating them ; — But no corporation shall carry on the business of banking [/. c. taking or issuing promissory notes, it'c] luiless when such ])ower is expressly conferred on them by statute. See " Deci- sions of Courts,^' 4th section (1.) below, 3.— Additional General Powers of Public School Boards. The Consolidated School Act authorizes public school boards " to exercise, as far as they judge ,, •pedient in regard to their city, town or village, all the powers vested in the trustees of each school section, in regard to such school section. (See part I. of these lectures.) NoTK. — Ihis i;eneral power refurs cliiefly to detail, and does not authorize a board to levy scIkjoI rates, as the excreise of sueh a jiower would eonflict with ail express enactment which makes it the duty of the board to lay an estimate of all moneys re([uired by it l)efore the municipal corporation, and also makes it imperative upon that corporation to raise the money required by the board, with- out any diminution. Besides, in rural sections the trustees require to ijet the rate- payers consent, w hich i> not authorized in cities, town and villages. (See decision of the court No. (5), page I14. ) 4.— Decisions of the Superior Courts with regard to School Trustee Corporations. (l.) CiiTulatiou of School orders on Treasurer, an act of banking contrary to La7o. — Chief Justice Draper thus condemns unauthorized acts of i)anking on the part of corporations. lie s.iys : "The evidence given at this trial shows that a practice had grown up for the defendants to give orders on their treasurer, which, when he had accepted them, g(jt into circulation, and at last found tlteir way into the collector"^ hands, in payment of taxes. Such a practice seems to me at vari- ance with the spirit, if not the intention, of the Consolidated Municipal Act, which enacts that no council shall act as a banker, or issue any bond, bill, note, debenture or other undertaking of any kind, or in any form of the nature of a bank bill or note, or intended to form a circulating medium, or to pass as money ; and any bond, 1)111, note, debenture, or other umlertaking issued in contravention of this sectit)n sliall be void. — /// re jMhiisoii v. The JllnnieipaUly of Collin i^wood, 9 C. P. R. 497- (2.) A Corporation aggregate is not hound to appear as ^Vit)U'sses in court, hut its Individual niemhers may he suhpanacd. — The Court of Common Pleas has decided that a coqioration aggregate is not bound to appear at the trial as witnesses, under *A corporation l)cing an invisible body, cannot manifest its will Ijy oral communication : a peculiar mode lias therefore been devised for the authentic expression of its intention,— namely the afTi.ving of its common seal ; .and it is held tiiat though the particular members may express the private con.-enl by words or signing their names, yet this does not bind the corporation ; it is the fixing of the ^eal, and that only, which unites the several assents of the individuals com- posing it, and makes one joint assent to the whole. — Smith's Moxantile Law, 11. 1. Chap. 4. 1! "^','^ \' ^^ CONSTITUTION OF CITY BOARDS, ETC. 123 • 4 a notio-" served on its attorney under the Consolidated Statute 22 Vic. chap. 32, sec, 15. If the individual members arc re(|uircd to appear, they nuist he individ- ually subpcenaeil. — Tnishrs No. 2, Duirvuk v. Mclnath, 4 C. P. R. 228. (3.) A Trustee v.u' in the perforntanee of such pui'lic duty [interpreted by the court in the foregoing case (li C. P. R. 285) to apply to school tmstees and to collectors of school rates, when acting under the trustees' lawful warrant] whether any of such duties arise out of the common law or be imposed liy Act of Parliament, either Imperial or I'rovincial, shall be an action on the case as for a turt, and in the declaration it shall be expressly alleged that such act w.as done maliciously and without reasonable and probable cause ; and if at the trial of any such action, upon the general issue ]deaded, the plaintiff fails to prove such allegation, he shall be non-suited, or a veroict shalfbe given for defendant. ****♦*« * Sec. 20. So far as a]iplicabie the whole of this Act ^liall apply for the protec- tion of every officer and person mentioned in the first section hereof, lor anything done in the execution of his office, as therein expressed. Note. — The twcntictli section of the School L,tw Amendment Act of iSCo, also provides that "Trustees shall not he liable to any proseculion, or the payment of .my dam.ai;es for acting under any by-law of a municipal council before it has been cjuashed." CHAPTER XIV. 0- ^.r^ CONSTITUTION AND PROCEEDINGS OF PUBLIC SCHOOL BOARDS. 1.— How is each Public School Board constituted ? (1.) In cities ainl towns divided into wards tliei-e .shall be two trustees for each ward who hold office for two years. (2) In towns not divided into wards, and in incoqiorated villages, there shall be six trustees, two of whom, after the tirst election, are to hold office for tliree years. (Hee sects. IG and 17 of cha]). xii. page 120.) 2.— Who are the Officers of the Board ? The law requires that tliere slitdl be elected anntially by the board from among its own members (1) a chairman. The board is also re- quired to appoint for such period as it may decide (2) a secretary, ^:^ 124 CONSTITUTION OF CITY BOARDS, ETC, anil (3) an inspector of schools (who must possess a covtificato of (piali- fication. 8f« chapter xvii.) It may also at its discretion appoint- (4) a collector of school fees [for text books, stationary and other contingencies], and (5) a secretary-treasurer. NoTK. — The chairman lias only one vote. See below, clause (2), of section 6 of this chapter. (l"'or duties of inspectors, see chapter xvii.) 3.— Standing and other Committees of the Board. In addition to the otHcers mentioned, the board of trustees can most conveniently supervise the details of its work by means of com- mittees, viz., (1) on tinance, (2) school buildings, (;3) appointments of teachers, (4) printing, (5) repairs and supplies, (G) school manage- ment, and any otlu -s desired. The board is autliorized to " appoint a special committee of not more than three persons [not necessarily mend)ers of the 1)nard] for the s])ecial ehai'ge, ovcrsiglit and manage- ment of each school within the citv, town or villaading and confirming the minutes of the previous meeting. (2) Keading and referring letters, memorials, kc. (3) Giving notices of motion. (4) Takuig up luitinished business and former notices of motion. (5) Presenting and adopting reports of committees. (G) Miscellaneous business. 6.— "What "Rules of Order" are generally observed? (1) Quorum — A majority of the members of the board form a quorum. (2) The Chairman has by law one vote on all questions; and in case of a tie, the question is considered lost. (3) The Inspector should be entitled to a seat within the bar and have the privilege, at the request of the chairman, of speaking on any matt(;r connected with his department, but without having ti vote on any question. ii. (4.) AddressviKj Chairman — Every member, previous to speaking, should rise and address himself to the chairman, unless excused. •« (T ^ -4 K RULES OF ORDER OF CITY BOARDS, ETC. 125 '« ^. (5) Questions and Replies — Questions askod and rei)lies to mem- bers, should bo made through the chairman. (G) Onki' of Speahing — When two or more mombers rise at onco, the chaii-man names the member who shall spt/alv fii-st, after which the other member or members have the right to address th(! meetiaig in tlie order named by the chairman. (7) Speakiny Twice — No member should sj)eak more than minutes or twice (except in Committef;) on the same (juestion or amendment, without leave of the meeting, (except in explanation of something which may have been misunderstood, or in reply to a ques- tion,) until every one desiring to speak shoidd have had an opportunity of doing so. (8) Motion to he Head — Each member may reqiun^ the ([uestion or motion under discussion to be read for his infoi-matiou at any time, but not so as to internipt a member when speaking. (9) Filling Blanks — In blanks the largest sum and the longest time should be lirst put. (10) JVon- Debatable Questions — Motion (1) to .-idjoui-n, (2) lie on the table, (3) for the "previous question," or (4) ujton the order of business, are not debatable, (11) Previous Question — When the '-previous (juestion,'' is decided in the negative, the original question remains befor(> the board to be debated or put, &c. (12) Proper Motions — When a question is undei-de])ate, no motion should be received but (1) to adjourn, (2) tabh; ]ei)ort Arc, (.3) for tht^ "previous question," (4) to postpone to a day certain, (•")) to commit, or recommit to a committee, (G) to amend, or (7) to ))osti)one inde- finitely — which several questions should have pi'ecedencc^ in the orde)- in wliich they are named. (13) Questions Decided — No question decitled by the 'ooard should be again raised without the consent of a majority of the Board. (14) Motions be/ore the Mretivg — All motions made and seconded are considered in possession of the board, and should l.>e reduced to writing whenever required liy a member ; they may be withdra^\^l at any time before decision, with the consent of the meeting. (15) Kind of Motion to be Peceived — When a motion is under debate, no other motion should be received, unless to amend it or to jiostpone it, or for adjournment; but no motion or })ro])ositi(iu on a subject difierent from the one under consideration should be intro- duced under colour of an amendment. (16) Order of Patting Motions — All questions should Ije ]>ut in tlie order in which they are moved. Amendments to be put before the main motion ; the last amendment, lirst and so on. 12G POWERS OP BOARDS IN REGARD TO SITES, ETC. CHAPTER XV. POWERS AND DUTIES OF BOARDS OF TRUS- TEES IN REGARD TO THE SITE AND SCHOOL HOUSE. 1.— Who shall select the Site of a School House ? The public scliool board can alone select, i)urcliase or rent tlio sites necessary for the Kcliool houses of the ruunici[)ality. They are not re({uired to ask the consent of the ratepayers or municipal corpora- tion, or otherwise considt either of them, unless they see fit to do so. Even then the consultation is merely ad\'isory, and does not relieve the trustees of any responsibility in the matter. 2.— By what Title can Trustees acquire and hold School Property ? The |»ublic school board is required by law 'Ho take possession and to ac(pure and hold as u coipoi'ation in the [municipality] ])y any title whatsoever, all property accpiired or given for public school j)urposes." 3— Necossity for a Proper Title to the School Site. The provision of the law, which vests all school pi'opei-ty in the public school board for the pui-})oses of sale, assumes that the trustees shall, whenever practicable, obtain a deed, a bond for a deed, a lease, or other legal instrument, granting quiet possession to them of the property in their municipality, in case they have not a sufficient title to it. Objection is frequently made to the legality of the acts of a public school board where no full legal title to the school promises is vested in theni. To remove this objection (although it is often a tcchnicid one), tnxstees should obtain the legal instrumevit referred to, and have it registered without delay.* Every public school house and site ai-e exempted from taxation, as provided in tlie General Assessment Act. *T/u' following is the form of Deed suggested: Form of Deed for the Site of the School House, Teacher's Residence, &c. THIS INDENTURE, made the — d.-iy of , in the year of our Lord one thousand eight hundred and , in pursuance of the Sf'hool Acts of Ontario, and of the Act respecting the transfer of real property, between of the City [T(nun or i>icorporatcd Village,^ of , in tlie County of , and Province of Ontario, [Busirwss or Caliing], of the first part : , wife of the said party of the first part, of the second part : and the Public School Board of the City [ Tmun or incorporated Village] of , in the County of , and Province afore- said, of the third part : WITNESSETH, that in considerationof— dollars of lawful money of Canada, now paid by the said board, to the said party of the first part (the receipt whereof is hereby by him acknowledged) i », >~l-* POWERS OF BOARDS IN REGARD TO SITES, ETC. 127 4— Registration of Trustees' Title to School Premises. A board of trustees shouki not fail to register its title to the school site. In case the owner of a site i-efuses to sell it to the tnis- tees, and they are compelled to take posse^^sion of it undei- an award of arbiti'ators (as authorized by tlie School Act of 1.S71), th(y should register the award, if the owner should refuse to give theiu a title under the award. NoTi:.— Want of re<,'istrrition of titles does not deprive tlic trustees of any legal riglit which tlicy possess under tlie school law. 5.— When Trustees may Sell a School Site or other Property. Public school boards can dispose, by .sale oi- otherwise, of any school site or school |)ropeity which may not bo required by them. 6— Owner of vacant Land must Sell School Sites selected. If the owner of a newly selected school site, (Ixuiig vacant laud), or of land adjoining an old site (which the trust(M! boiird lias dccidc^l to enlarge) should refuse to sell it, or should ask an unreasonable jirice for it, the law requires that ihe board and owner shall (>ach ap|)oint an arl)iti'ator to appraise damages to the owner for such oo?nj)ulsory sale. U})on the tender of payment of these danuigos to tla^ owner of he, the said party of the first p.irt, doth grant unto the said l)oard of the City I'/'invi or incnrfio- rafeii l'iiLt!ft'\ afciresaid, their successors and assigns fur ever, all and singular that jiarcel of land {d<'scribin!^ it in full:] TO HAVE AND TO HOLD the same in trust to and for the use of a Public School [and Teacher's Residence], in and for the City [Tinuii or incofporatcd I'illns^c] of , and iu the County and Province aforesaid, according to the provisions of the School Acts of Ontario, and for the education of the resident youth of said municipality. The said party of the first part COVENANTS with the said hoard that he hath the right to con- vey the said lands to the said board, notwithstanding any act of the .said party of the first part : And that the said board shall have c|uiet jjossession of said lands, vv.v.v I'Ko.m all incilm- r.UANCiis : And the said party of the fir>t ]iart COVJ'.NANTS with the said board that he h.as done no act to encumber the said lands: and the saiii party of the first part releases to the said trustees all his claims upon the said land^, : And the said party of the .second i)art hereby tars her dower in the said lands. IN WITNESS WHERICOF, the said parties hereto have hercimto set their hands and seals, on the day and year before mentioned. Signed, sealed and delivered, J. C,. [Si'tth-r's Scai.] in presence of F. R. {Settler's lytje's Seal.\ H. T. ) C. T. >■ IVitnesscs. Chairman of IJoard. ) Board of Trustees' — Secretary of Board, j" Corporate Seal. NoTii. — When the land has descended to the wife in her own right, she must, besides joining with her husband in the conveyance, appear before two justices of the peace, to declare that she has parted with her estate in the land intended to Ije conveyed, without any coercion, or fear of coercion by or on part of her husband ; and the certificates of such justice must appear on tl:e back of the conveyance on the day of its execution. The form of their certificate is as follows : "We {insertini; the names], Justices of the Peace for the County of- , do hereby certify th.at on this day of , 187 , at . — , the within deed was duly evecuted in our presence, by ^, the wife of— , one of the grantors therein named ; and that the said wife of said — — — , at the said time and place, being examined by us, apart from her husband, did appear to give her consent to convey her estate in the lands mentioned in the said deed, freely and voluntarily, .and without coercion or fear of coercion on the part of her husband, or of any other person or persons whatsoever "R. W , J.P. Dated the day of , 187 . "A. M , J.P 128 POWERS OF BOARDS IN REGARD TO SITES, ETC. the vacant land l)y tlie l)oavd of trustees, they can take possession of it for school purposes, and proceed to erect a scliool house on it, or to enclose it its they })lease. 7. Power and Privileges of the Owner of New Site. The right of selection of a person's pro})ei'ty for a school site (with- out his knowledge or consent), in a city, town or incorporated vil- lage, is I'estricted to vacant land, which the owner may either consent to sell at a reasonable rate, or he may refuse to sell it, at his ploasure. 8.— Bespective Powers and Duties of Trustees and Owners of Sites- The ])ul)lic school hoard has the right to select any "vacant land" of sufficient size in the uuinici})ality for a school site. In case the owner shovdd " refuse to sell," or should " demand thei-efor a price deemed unreasonable Xy^ the trustees," the board and the owner " shall each forthwith select an ar})itrator, and the arbitrators thus chosen and the county inspector, or any two of them, shall appraiso the dam- ages to the owner of said laud, and upon the tendtu- of jKiyment of the amount of said damages to the owner by the school trustees, the land shall be taken and used for" a school site. (See sec. 11, p. 121),) Note.— Although the trustee board can o\\\y conipd the owner of jiroperty to sell "vacant land " for a scliool site, yet, l)y mutual consent, any land, whether occupied or unoccupied, which may he cleemed suital)ie l^y the trustees for a school site, may ho. jnuxhased by them for that purpose. They are not re<[uired to submit the question of selection of school site to the ratepayers. 9.— Eemedy in case the Owner refuses to appoint an Arbitrator. The School Act of 1871 provides that in case the owner of vacant land selected as a school site in a city, town or incorporated village, should refuse or neglect to ap})oint an arbitrator to " a]>praise the damages to the o-wnc^r of such land," " it shall be competent for the county ins})ector, with the [trustees'] arbitrator api)ointed to meet and determine the matter ; and the county ins[)ector, in case of such refusal or neglect, shall have a second or casting vote, provided, they should not agi-ee." 30,— Making and Publishing an Award— This may be done by Deed or Parol. When the arbitrators have agreed upon their award, they should reduce it to writing, sign and seal it. This is " making " the award. When thus made, it should be sent to the trustees, for theii- informa- tion and to the other party. This is " publishing " it. It is com- petent, however, for the arbitrators to declax'e or publish the award before ^vitnesses orally, in presence of the parties concerned, viz.' the trustees and the other party. Should the award thus published be afterwards, by consent reduced to writing, (as above) it should IP POWERS OK nOARUS IN RF.CiARD TO SITRS, RTC. 129 be idciiticiil in its tcniis with the oral dechinition made, and sliould lt(i Tnci'olv 11 written conv of i(. Aiiv niiitcriiil variation in the written copy from tiic oral award would destroy its validity and finality. (See Dacis v. M'divern. 11 Q. B. K. \\1.) 11.— Summary of General Rules in regard to Arbitrations. (l.) CoiistilHtion of the Arbitratio)i Coiirl. — Any om- who can contract, can submit niattcis in (iis|)utc to arbitration. ICither a friend or enemy, or a person havini; an interest in the cause, may i)e chosen. Persons unimpeachablo on the .seme of inteii'st or eapaeity sliouM, if possible, lie chosen, ami no arbitrator slumidacl as tlie partisan of tlie person^ aj.ipoiniin^ him. He sliouM divest himself of all prejudice. If'aii ariiitrator acts eurruptls, or with inaiiife>l p.utiabty or colludes with one of the [)arties, the award is bad. All the arbitrators should be chosen before i)roceedii)g to the ari)itration, except where otherwise provided (a.s in tlie case of a school site.) Notification in wriiiny to the person chosen, an beinf; examined. They are the judfjes of \\\{tadiiii.iHty of evidence so far as the comi)etency of the witness is onccrncd If parties to the arbitration and their witnesses, who are duly notified, do nol attend, the arbitrators can pn^ceed, c.r parte, and decide aceordini; to the best evidence before them. Where evidence is received, however, it should always be taken in the presence of the parties to the reference, or some one attending; cjh their behalf, liefore clo-in;^, the arbitrattjrs should receive all the evidence tendered on both sides, and sh(juid take notes of it. Ai' arbitrator cannot del estate his ])ower ; but, if he obtains liie opinion of professional men, he may adopt it as his own. He may, however, delegate, purely ministerial acts, such as to ^o from one place to another, to obtain certain definite informa'ion, or estimate the value of some spixific work ]K'rh)rmed ; but he cannot dire;t any person to commit a trespass. (■^.) Time of iiiakiiii^ an axeard. — If ni) time be fixed, an award should be made and jjublished within three months from the time of the sul)inissi(jn. The time for makintj an award may, iKnvever, be enlarged. If lime lapses, the power of the arbitrators is gone until it is enlarged. {4.) Making and piitdis/iirti^ an award. — AH awards should be in writing, signeil in the presence of an attesting witness. Where there are two or more arbitrators, all (ov the majority if all be not present) must execute the award at the same time and place and in the presence of each other. An award, however, may be maile and published orally. An award is made wlien all the arbitrators have signed it. When so >igne/' .lrfiitratioii.—\\\\i:rQ tlie cost.-, of (he ai l)itration are at the discretion of the arbilrators, and the award says nothing aixiut thfin, each party pays his own costs of reference, and the costs of the award are to be borne c'luaily. -(i/rnv. Grand Triinl: i\iiih!'!, in re Vn/r-c- v. Kin,^' et al. No. /, Hal/uii'fll. 21 Q. 15. R., 187. 14.— Erect on of School House, Tcachei''s Residence, &c. Tlio tfustet! board litis alone the rii^lit to dceido ujioii the co.st, size and descrii)tioii of school house, or tcaehnv's rcisideiice, to be ei'i^cted. No ratepayer, public meeting or mtuiioip;il council lias any authority to interfere witli the board in this matter. They hiive al.so full ])owc)- to decide what fences, outbuildings, sheds and other accoiuinodaLion.s shall be ])rovi(led, Msexj)lained in section i-, clmpter xvi, ))age 13."). To them iilso exclusively belongs the ilitty of having the school grounds planted with shade trees and ])ropei'ly laitl out. (See section 4 of the next chiiptei-.) 15.— Restriction on the usa of the Sc]iof^' House. No school house or lot (unless so prov' il '' ■ in tlic d"ed ;, or any building, furniture or other thing pert occui)ied for any other ])urposi' thiUi of th»^ public schools of the city, town permi.ssion (jf the trustee board, and then or'.- tifter school hours, and on condition that all damages be riiade goovl, and cleaning, sweep- ing, kf i-alul •i'itlwiit Tru^tiC Corporatr i'rV//. — The Court of Coiiimon I'lcas has dcciiicd that scliool liustcfs, bcinj,' a ci>r|)(jiali<)ii under llic school act><, arc not lialilc as such to pay for a school-housc erected for and accepted hy them, not liaviiij; contracted under seal for the erection of the san.e. i'he seal is reL'i|ii<'iitly taking iios.scsaiun nl" the schoolliuusc, or by some Other act, roco^nisu thu vuiiiiitv uf ihc contract ? (2.) Coiitfiiit itiiikr Seal, si:^iicd leal for Intildinj; a schooMiousc : after the house was Iniilt the trustees rcfii^e -ninst trustee- corporution The Court of tjueen's iWiich has given judgment as lonows . — In a case in uhicli a school-site had been gi\en to the trll^Uc^ f^r the purjioses of a school (with the condition that it should revert to the giver i:i case il should cease to be used for school ])urposes), and on which they had erected a schtjoMioiise, judgmeul was obtained .against the corporation for the money due on the building contract. The scliool-house and site were actually .-^old and deeded by the sheriff; l)ut the court held that the hoiisi- and land cculd not lawl'ully be >ols ii can be shown that the trustees have given the teacher a particular interest in the building, beyond the mere liberty of occupying it tluring the day for the purpose of teaching.- J/i'/A/;,'^/.'^/// v. Fer.^uson et al., iVo. — , London, 3 (). V,. K. 484. (5 ) The .Isse.ts/nent Aet exempts from taxation "ever\' public school-house, with the land atiai Led thereto, and the personal proj^erty belong to ft. 132 MISCKLLANEOUS P0WEH8 AND DUTIES OF BOARDS. CHAPTER XVI. MISCELLANEOUS POWERS AND DUTIES OF PUBLIC SCHOOL BOARDS. Note. — As explained in chapter xiii., puljjic seliool boards have certain general powers as corporations. Tliey have also certain specific powers in rej;ard to school sites and school houses, as explained in chapter xv. Their miscellaneous poweis and duties will he explained in tiiis ciiapier. 1.— The School and its A.ppliances. The School Law gives ti-iistt^o Itoards full power '■ to do whatever they may jucige o.\-podi(;iit with l•(^ga^ r)oar(ls are not recpiired to consult their constituents in rcgai-d to the cost, tt'c. of any of these things. Set; Section 1 of chapter xv., ]»age 12',i. (2.) Tliey ar(> not re([uii'ed to consult the municijtal council in regard eitlier to the cost or expediency of these things, but can, (as exiihiined further on), if necessary, compel the council to provide luoui'y to del'iMy the expenses incurred in n^gard to them. 2.— How can School Trustee .Boards Provide Funds? Public School Boards are authorized and reipiired "To prepare from time to time, and lay liefore the municipal council of the city, town or village, an estimat(! of the sums which they thiidc requisite : '' (a) For [I tying the whole; or part of tlu; salaries of teachers ; "f6j For purchasing or renting school })renii.ses ; " (c) For building, (!recting, i-epairing warming, furnishing and keephig iu order the school houses and tht.'ir appendages and grounds: "((/) For procuring suitable a]i])aratus and text books for the .schools. ''(*•) For the establishment and maint(>naiice of free public school libravi<;s for the city, town or incor])orated village; and " (f) For all neccLisaiy cxjumses of the schools under their charge. MISCELLANEOUS POWERS AND DUTIES OF BOARDS. 133 OF general ;anl to aiieous I ^%-^: rgo. 3. The Council is Required to Provide Necessary Funds. " And tlio cotmcil of the city, town or villiign sluiU i»rovido auch sums in tlie nianntu- desired by the said board of scliuol trustees." (See section 2 of chapter x., page 112. NoTii. — In re deep, with the sciiool house set back four rods from the street. The grounds should be strongly fenced, the yards and outhouses in rear of the school house being invariably separated by a high and tight board fence ; the front grounds being planted with shade trees, shrubs and flowers in their season. Various sinijile plants required for illustration in the lessons on botany, might be cultivated near the school house. Flowers, beautiful in them- selves, have a most delightful and humanizing inlluence on children and youth, who should be taught to care for and i)reserve them from harm on the school jiremises, 5.— Text Books and Stationery may be charged for. By the Act of 1871 public school boards are authorized, "if they deem it expedient, to collect from parents and guardians of children attending any school under their charge, a sum not exceeding twenty cents, per mouth, i)er i)upil, to defray the costs of text books, sta- tionery and other contingencies." Note. — This charge for the use of text books and stationery, is optional on the i)art of trustee l)oards. It was authorized so as to enable trustees to purchase these things in large (piantities, and supply them from their depositories to the pupils in the schools free of charge. e —Payments of School Moneys. Trustee 1)oards are required to givc^ "orders to teachers and other school officers and creditors for thci sums due to them on the cham- berlain ( or ti'easurer) of the [municipality], or on their own secretary- treasurer." (See decisions of the superior courts on this subject, page 02.) 7.— Inspectors to Countersign Cheques to Teachers, As the inspector is responsible for the payment to the Education Department by each male teacher of the half-yearly fee to the Supor- anuatod School Teachers' Fund, the board should either direct the treasurer to pay this money over to the inspector, or let the orders to teachers be count 'rsigned by him, so that he could arrange to deduct it from the accotmt of the cheque or order in favour of the teacher. 8.— Board to Manage and Dispose of School Moneys. E icli public school board is authorized "to manage and dispose of all moneys or income for i)ublic school purp(jses ;" and to apply the same to th<^ objects for wliieh then'' have b(!cn given or acquired.". 9 —Public School Boards in Cities and Towns may invest Surplus School Moneys- The Municipal Institutions Act, (29 and 30 Vic. chap. 51), section 274, declares thtit "the board of school trustees of any city or town in MISCELLANEOUS POWERS AND DUTIES OF BOAUDS. 135 and s in on lem- wlio es. Ontario, liaving surplus moneys for educational pur])Oses, may invest the same in the purchase of provincial, consolidated loan fund, or municijtal dchentures, or [in lirst mortgages secured on real estate, held and used for farming purposes, and to be the first lien on or against such real estate, and, from time to time, as such securities mature, to invest in other like secui'ities, or in the securities already mentioned by law, as may be directed by such by-law, or l)y other by-laws passed for that ]>ui'j)ose : Provided always, that no [school trustee] corporation shall invest in such real estate securities within the limits of its own municij)ality, nor shall any sum so invested exceed one-third of t i:e value of the real t'state on wliicli it is sei ured, according to the last revised aiul corrected assessment loll at the time it is so invested ;] and any by-law or resolution of any such corpora- tion heretofore made, for autiioi'izing any such investment, uno(h, iu the discretion of such court." 12.— Responsibility of Public School Trustees for School Moneys. Tlie law declares that " il' any pul)lic school trustee has in his pos- session any l)Ooks, papers, chattels or moneys, which came into his possession as such trustee, and wrongfully withholds or refuses to deliver uj;, or to account for. and pay over the same oi' any pait A 136 MISCELLANEOUS POWERS AND DUTIiSS OF BOARDS. thereof to the person, and in the manner directed bj a majority of the school trustees then in office, such witliholding or refusal shall be a misdemeanor." 13- Mode of Enforcing Penalty. "Ui)ou application to the judge of the county ocnirt by a majority of such trustees, any two ratepayers supported by their affidavit made before some justice of the peace, of such wrongful withholding or refusal, such judge shall make an order tliat such trustee do ajipear befor(i him at a time and {)la(!e to be appointed in the order ; '^ * * and if he is of opinion that the complaint is well founded, suchjud're shall ord'^r the ]iarty complained of to deliver up, account for, and pay (^vin- die bodks. pajjers, chatts-ls, or moneys, as aforesaid, by a cer- tain day to be named by the judge in the order, together with such reasonal)le costs incurred in making the ajiplication as the judge may tax. In the event of a ntm-compliance with the terms spccilied in such order, or any or either of them, the judge shall or(i<'r the said party to be forthwith arrested by the sheriiT of any county in which he may be found, and to be committed to the common goal of his county, there to remain without bail until such judge be satistied that such party has delivered up, accounted for, or pjiid over the books, pajiers, chattels, or moneys in question, in the manner directed by the majority <-if the trustees as aforesaid." * "•'' •'' * 14.— Security to be taken from Secretary Ti'easurer. The board of trustees is authorized " to a})point a secretary * * * and, if requisite, a collector of school rates, * -f * which collector may be of their own numlxu- ; and one of whom r ,ay be secretary- treasurer, who shall be subject to the same duties, obligations, and penalties as secretary-treasurer in school sections." NoTK.— The "obligations" here referred to are the giving of "seciuity" for the " -^afe keeping " and " accounting for all school moneys collected," and for " the disbursing of liical money in the manner directed by a majority of the trus- tees. " The "penalties" are the enforcement of those mentioned in the bond which tl.e trustee are recjuired to oljtain from the secretary-treasurer, in terms of the Act, as follows : " It shall he the duty of school trustees to exact security from every person to whom they entrust school money, or other school property." Should the trustees appoint one of themselves to be secretary-treasurer, the pro- visions of the law, as given in section 12 (above) would apply to him. P\:)r form of bond or security, see page 24. 15.— Certain Parties Personally Responsible in case of lost School Moneys. "If any ]);iit of the public school moneys be embezzled or lost, through tho dishonesty or f;.ithlessness of any party to whom it has been entrusted, and proper s(;curity again.st such loss has not been taken, the person whose duty it was to have tixacted such secuiity shall ha peraomdlij responsible for the sums so embezzled or lost; and the same may be recovered from him by the party entitled to receive or 4 I > >■ -A MISCELLANEOUS POWERS AND DUTIES OP BOARDS. 137 tlie same, by iiction at law in any court liaving jurisdiction to tlio amount, or by information at the suit of the Crown." 16.— Penalty for False School Reports and Registers. " If any trustee of a \ i]la,i,'e school knowingly signs a false re[)ort, or if any teacher of a ]»ublic school keeps a false school register, or makes a false return, with the view of obtaining a laiger sum than the just propoi'tion of si'hool moneys coming to such school, such trustee or teacher shall, for each ofl'ence, forfeit to the public school fund, the sum of twetUij dollars." 19.— Public anu High Schools may be United. The public school board is authoriz(Ml "to adopt, at their iliscre- tion, stich measures as they judge expedient, in coueurri'inH^ with, the trustees of the county high school, for uniting one or more of the public schools of the city, town, or village with such high school." The high school board is also authorized "to emjdny, in concuri'cnce with the trustees of a rural school section, or the piulilic school board in the township, village, town or city in which such high school may be situate, such means as they may judge expedient for uniting one or more of the public schools of sucli townshij), village, town oi' city, or departments of them, with such high school." * * * Note. — The union of high ami puMic schools does not, as a general nile, work well, nor is it desiralile to encourage such unions. I'lxperience has proved tiial the tendency of tliese unions is lo lower tlie standard of both kinds of schools. 20.— Conditions on which the Union may take place. The law declares that " no such union .shall take place without ample ])rovision being made for giving instruction to the pu]iils in the elementary P^nglish bj-anches, l)y duly cpialilied English teacliers." Note. — It will thus be seen that at least two teachers shall ];e employed in the high school, one to teach the "elementary English" and the other to teach the more advanced subjects mentioned in the high sciiool jirogramme. 21.— Union Board of High and Public School Trustees. The Ji/th section of the High School Iiuprovement Act of 1865, also provides that : " In all cases o+" the union of high and common school trustee corporations, all the meml)ers of l)oth corporations shall constitute the joint boiird, sercn of wliom shall form a (/uorum. 22.— Powers of the Joint Board. "The high and public s-liools thus united shall be under th»^ man- agement of a joint board of high and puljlic school trusts, who shall consist of and haA^e the powers of the trustees of both the public and high schools." : NOTi:. — Tlie powers of the joint board include the application from it to the municipal councils of the high school district lo levy and collect whatever sums may be required. And it is the duty of the council of each municipality concerned, i t 138 MISCELLANEOUS POWERS AND DUTIES OP BOARDS. upon the requisition of the joint board, to provide such sums as maybe desired by the board, accordinj; to an estimate which the board shall lay before the council. The union of the boards implies a harmonious system and a gradation of schools ; the hifjh school l)eing the superior school of the city, town or village, and the pub- lic school being the primary and secondary, and being open to all on examination; the high school teaching the higher branches, with the classics and mathematics, if desired, and being open to those public school pupils, and others, whose literary qualifications enable them to pass the required examination. 23— The Union of High and Public Schools may be Dissolved " Such union may be dissolved at the end of any yeai* by resolution of a majority present at any lawful meeting of the joint board called for that purpose." 24.— Division of School Property of Union Board. "On the dissolution of sucli union between any high iuid public school, or dei)artnient thereof, the school property held or possessed by the joint board shall be divided or applied to [high and] public school purposes, as may l)e agreed upon by a majority of tin; mem- bers of each trustc^e corporation ; or if they fail to agi-ee within the space of six months after such dissolution, then by the numicipal council of the city, town, or incorporated village, within the limits of which such schools are situated, and, in the case of incorporated villages, by the county council." 25 —Industrial Schools may be Established. The public school board has ample authority at its pleasure "to establish one or more industrial schools for otherwise neglected children." In doing so they are authorized : — (1.) To " make all needful regulations for them." (2.) To "employ the means requisite to secure the attendance of such neglected children." (3.) To " employ the means requisite for the support " of such school or schools. (4.) To " make all needful regulations " for the "management and discipline of such school or schools." 26.— What Children should attend the Industrial School. The board of trustees is authorized to emj)lyh and jjirls. (5) Infant schools in convenient localities, or connected with the ward schools, as above (3). (6) Industrial schools for neglected children of both sexes. 28.— Compulsory Attendance at School As trustee boards can compel parents to send their children to some school for, at least, four months in the year, (as ex[>laiii('(l in the preceding section) they should see that the; ''comjnijsory" section of the School Act does not remain a dead letter. They should appoint some officer to report to them the names of all delinquent children resident in the municipality. 29 —Teachers Employed by the Trustee Board. The board has alone the right "to determine the number of teachers to be employed" in the schools under its juinsdiction ; but it can oidy employ as teachers those who "hold a certificate of (pialiticatiou" as provided by law. The board has also the i-ight to fix — (2.) " The terms of employing " teachers. (3.) " The amount of their remuneration," and (4.) " The duties which they shall perform." Note. — The "duties" here referred to which "teachers shall perform "' can only be such as (in addition to those which tlie statute itself and the official ret^u- lations reiiuire them to perfjrm) as may be ccMisidered ilesirable by the board of trustees. Fur "duties of teachers," see part 1 of these lectures, chaiiter viii,, pages 55-63. 30 - Authorized Text Books to be Provided for Pupils. The law makes it the duty of each pul>lic school V)oard " to s(>e that all the pupils in the school are duly supplied with a uniform series of atithorizecl text books." 31.— Facilities for Providing Text Books and Stationery. There are three ways of providing text books for tiu! |>upils, viz : (1.) The pupils may be re(juired to provide their own text books, ■either (a) at a reduced rate from a text book depository kept by the r^* 140 MISCELLANEOUS POWERS AND DUTIES OP BOARDS. board, — it being autborizod to do whatever it "may judge expedient with regard to procuiing text books," or, (h) the pupils may g".t their })Ooks fiom the ordinary book aho[)S. (2.) As the board is authorized to include the cost of text books in the " estimate " which it lays, from time to time, before the uuini- cipal council, it can either (c) give text books gratuitously to the pupils or (d) permit them only to use the books in the school room ; or (3.) The board can (if it "deems it ex])edicnt") "collect from parents and guardians of children attending the schools a sum not exceeding twenty cents per mojith, per }»upi], to defri».y the costs of text books, stationery and other contingencies." In this case the board can also give the text books gratuitoiisly to the pu[)ils or, what is n(«xrly e([uivalent to it, jiermit tliem to use the books in the schools without further charge. 32.— Free Public School Libraries for the Municipality. Tlie law makes it the " duty " of each i)ublic school board " to appoint a librarian to take charge of the school library or libraries when established." It further authorizes public school boai'ds "to do whatever they may judge expedient in regaril to * * * establishing and maintaining school libraries," and em})owei'S them " to prepai'O and lay befoi-e the munici})al council * * ^ an (estimate uf the sums which they think requisite * * * for the estal)lishment tind maintenance of school libraries." Note. —Under the regulations of the education department ample facilities are provided so that the board of trustees can establisli and maintain three kinds of libraries in their municipality, viz: — (i.) A library for the use of the pupils in the schools. (2.) A professional library of Ijooks on etiucalion, and books of reference, for the sole use of the board and of the inspectors and teachers employed. (3. ) A free public library of miscellaneous literature, for the use of all classes of the ratepayers. The department has generally an abundant supply of all kinds of books, and can always pi'ocure any desirable special works which may be required. The 100 per cent, is allowed on all remittances received for these libraries, that is, if $50 or $100 are sent to the depai-tmeut $100 or $200 worth of books (as the case may be) will be forwarded in return. 33 —Observance of the Ofllcial Regulations. The law requires boards of trustees " to see that all the schools under their charge are conducted according to the autliorized regula- tions." 34 —Penalty for Non-Observance of Begulations. The Act of 1871 declares that, "no public or high school shall be entitled to share in the funds applicable to it unless it is conducted Jiccording to the regulations provided by law." \ MISCKLLANKOrS POWEUS AND DITFF'.S OK liOAHD.S. 141 or or, the ■^ K> ♦ ■ 35 —Annual Beport of Public School Board. Piililic scliool boards ar(( required to report uiiimally — (1.) To the chief superintendent of ecUication accoi-din;,' to a form provided by him. (2) To their constituents " in t)ne or more of the public papers, or otherwise," viz., (a) "an annual leport of tlieir proceeding's," (h) " and of tli(^ ])ro^ress and state of the schools uiuici- tlutir (charge, and (c) of the receipts and e.xpenditure of all school iiuineys." NoTK. — Public School Boards arc not rccjuircd to report at the annual nicotinjj of their constituents, but only in the public papers, in a paini)hlet, or en a printed sheet, as may lie (leemepoint a librarian, and take charge of the free public school library." (3.) •• To see thiit idl the schools under their cli;ir;,'e are conducted accordiiin' to authorized regidatious." (4.) •' At the close of tlie year, to pr()pos<> niid publish in one or more of the jmblic papers, (or otherwise,) for the information of tho inhabitants, an ainuial rej)()rt of their proceedings, and of the state and pro:;-ressof the .schools under their charge, and of the receipts and expu luliture of all school numeys.'' (See noto to section 4, jiage 121.) (5.) "T(» ])re}iare and transmit annually to the (,'hief Superinten- dent of Education, in the fornt {trovided }iy him. :i, j-eport signed by a majority of the triLStoes, containing all thc! iiiforniatiou rei|uir«Hi." (6.) Call the annual and special st.'hool meetings of the ratepayers. (7.) Form and alter union school sections (towns and villages) as proposed in chapter iv., sections T), (j and 7. pages \)o and 'J4. Public school boards niiiy, at their discretion,— (1.) Unite their school with the high school. (2.) Establish inaclu'r, graile A, or (2.) Va) a gi'ailuate; wlio has proctM-ilod rogulai-ly to his (h\d : (a) By thxt ensuiii!^ mooting of th(^ county council," hut ho cannot re-appoint tho p(?r.son disnusscd wit]u)ut tla! consent of tho govc^'iior. 10.— Remuneration of County, City, and Town Public School Inspectors. The salaries of county puhlic school insitectors are paid jointly by the eilucation dojtartmi-nt and county council, wliilo thos(> of city and town insp(M'tors are paid wholly )jy the })ublic school board Avhich appoints tlieni. 11 —Payments to County Public School Inspectors. A ccmnty ])ublic school insjjcctor is entitled to the following annual salary ami allowances : (1.) From tlir /uh/c(i/ion /Jcjiarfiticnf : — A "sum iiof cvccedbig '^^i per school," or dei)ai'tment of a school which (1) is taught by an assistant teacher, \'l) in a separate room, (.'>) and liaving a register cT its own. (■J.) From ihr (■oinifii Coiiiwil: — A sum which '' .shall 'not he less than .$5 per school })er annum, to bo paid quarterly." ()i.) "Allowance foi- travelling expenses" as inspector,— to be paid by the county council. Noi'K. — Tt is, of course, expected thai the county council will also make pro- vision for payinj; the poslaye, stationery and other conlinj^'cnt expenses of the inspector'.-, ollice. (4.) As a member of tlu; c(mnty l)oard of examiners Ik; '• shall be entitled to [at h'ast] the same recompense for his time and expenses as is a member of tho county corporation for his attendance at county council meetings," to l)e })aid by tho county council. (o.) Jiemiuicnitlon from other parties — The county inspector, as an arbitrator between trustees and rate[)ayers for the selection of a school site, "shall bo entitled to tho same remuneration ])er diem for the time thus emjdoyed as is a member of the municipal council of his county for his attendance at council meetings," to lie paid by whom and when, as may bo awarded by the arbitrators. (See No. G, ])age 1:50.) (G.) As an arbitrator to determine the value of land selected for a school site ; — amount and payment as in No. (5.) T,5I ■f, V 1 I 'r f^ IXSPECTOUS OF PUBLIC SCHOOLS. 145 ■"i (7.) As an inspector wlim " «'ii<,'aj,'oil in invcatiLjating and dociiiing iif)()n sciiodl conipliiiiits and disjuitcs ;"-~-aiii()iint and payment as in Nos. {"») and ((i) altovo. 12.— Who shall pay Inspectors in Dispute and Arbitration Cases ? Tlir law doclaros " tliat flio jmrtics oonccrncd in [tlio disputes, coniplaints, and ai-liitrations int'iilioncd in Nos. (.">) and (('») in tho preceding section] xhdil, pdi/ all the rrpi'iiHvx ini'urred in [said dispntea, coinplainta and ai'ljitrations] according to decision of llio arbitrators and school insi>(!ctors reapectively." 13— Other specific duties of County Inspectors for which special allowanco may be made by the County Council. TIio other s)>ocific dnties wiiich a connty inspector is ro(|nirod to perform, and for which no additional remuneration is fixed by law or regulation, but which may bo determined by tho county councU, are as follows : (1.) Ecpiali/ing annually tho assessments in union school sections. (2.) Acting as a member of tho board of examiners for tho admis- sion of pupils to the higli schools. (;}.) Aj)j)ortioniiig antl paying to teachers of union school .sections, not within his jurisdiction, such sums as may bo coming to them. Note. — I5y such union school sections are meant tliose which have pa. ■ of theii area in the township of one insjiector while the school house may lie situated in the townsliip of another. 'I'he school belongs to the township and county in which the school house is situated. II.— POWERS AND DUTIE.S OF PUBLIC SCHOOL IN.SPECTORS. 14.— County and City Inspectors' Full Time to be Employed. Each county and city inspector shall dovoto the whole of his time during tho ordinary oHico h(nir.s, to tho duties of liis oilice, except during th(j school holidays and vacations and his own. 15.— Duties of City and Town Inspectors. City and town inspectors shall perform such duties as devolve upon them by the s!;hool law and regulations, with such additional duties as may be required of them by the ptiblio school boards, which appoint them. They shall visit the schools as often as directed by the board, and, in their visitations, shall br? governed by tho general regulations (so far as they apply t ) city or town schools). Thiy shall also keep one or more regular otfico hours in each day, as fixed by the board of trustees^ and of which public notice shall bo given. (See page IGl.) 16.— Inspector to Decide School Election Complaints. Each county inspector in the manner indicated below, is required by law to hear and decide upon the following cotupluints* (if made 1 I 14G INSPECTOUS OF PUBLIC SCHOOLS. in -writing within twenty tlay.s) arising out of rural soliool section meetings, viz : — (1.) In regard to a complaint " respecting the mode of conducting the election " of a rural public school trustee, the inspector must " receive and investigate " it, '• and according to the best of his judgment contirm it or set it aside, and appoint the time and place for a new election." NuTK. — It will be oljscrvcd that in any complaint ajj;ainst the mode of conduct- ing "x rural school trustee election, the inspec'or is required to "receive and investiijat J " it, and cither confirm it or set it aside and appoint a lime and place for a new election. He cannot lawfully "confirm" part and " set aside " part, but must either contirm the whole or set aside the whole, as the case may be. (2.) As to complaints made in writing within twenty day.s, either (1) " In regard to tlie dc.r.t'wn of school trustees, or (2) in regard to any proceedluij of a school meeting," tin; inspector is ivcpiired by law "to receive, investigate o.rid drxldc upon" them. He should not dis- miss the complaint, oi- refuse to entertain it. (3.) If the [>ror*'e(iings bo set aside, a reasonable time should 1)6 allowed to ])frmit the parties concerned to apjieal to the chief su})er- intendent against the ]-uling of the inspector, l)efore calling another meeting, or otherv* ise cari-ying out the decision of the inspector. (4.) The decision sliould be given as soon as possible, but not neces- sarily witliin the twenty days. (5) A reasonable time may be taken by the inspector to investi- gate the c:oni])lai!it, and, if he desires it he may apply to the chief superintendent for advic-e on any doubtful point. 17.— Appeal in Election Cases, &c., to the Chief Superin- tendent against Inspector's Decision. Should any I'atepayer object to the inspector's decision, no further proceedings shoukl take place in the matter until an apjjcal is made to the head of the education department (as pi'ovided by law in such cases) and decided. Note. — Should the proceedings and election be set aside, and no appeal be made to the chief superintendent, the inspector, or trustees, if desiied by the inspector, should call another meeting for a new election. If no complaint be made to the inspect(jr in writing within twenty days after the meeting, the pro- ceedings (however irregular they may have been) must be held to be valid and binding upon all parties concerned. It should be borne in mind that the com- plaint (if made at all) must be referred, in the first place to the inspector having jurisdiction, and not to the chief superintendent. The law provides for an appeal from the decision of the inspector in such cases to the chief superintendent. In no case should the coni plaint, in the first instance, be made to the Education Department ; and, in all cases, parties appealing must send the insi)ector a copy of their ,i|)peal, so that he may have an op[)ortunity of sending such e\[)lanation as he may deem necessary to that department. (See sec. 24 of this chaper.) 18.— Time of Receiving and Deciding upon School Election Complaints. The School Act expres.sly declares " that no complaint in regard to any cloctiou or proceeding at a school meeting shall be entertained INSPECTORS OF PI BLIC SCnOOLS. 147 1 unloss made in AVTit'ug within twcnt)/ days after the hoKling of suci). election or meeting." NoiE. — The iu\v docs not require the inspector to decide upon any school meeting or election conijilaint within twenty day-, after the nieetiiiL; takes place, or within twenty days after the complaint is made to him ; hut it forbids him to entertain any complaint which is not maile to him in writing within twenty days after the meeting takes place, against whicii, or its proceedings, tiie complaint i.> made. 19. -Appeal to Inspector from School Section Auditors. Th(; law (l('i'liii'(« that, it" tlir amUtof.s of .sciiool scciion accotints, "or eitlicr of them, ohject to tlie lawfulness of any expend! tnre.s made by the trustoi^s, they shall suhmit the matters in ditierenee to such meeting, which may either determine tlie same, or suhmit them to the county inspector, whose deci.sion sludl be final." The act al.so provides tliat "in the case of ditference of opinion between the school auditors on any matter in the accounts, it shall bi; referred to and decided by the county inspector." Not.;. — The auditors have a right to decide upon the /a7.'////>irss, and noi the expediency, of the ex]5eiuliture. The trustees are the sole judges of [he <\\-/i,-i//t->iry of any expenditure. It is only matters of difference between the auditors them- selves as to the laivfiilncss of any expenditure (that is, whether the expenditure is authorized by the school law), which it is necessary to submit for the decision of the school meeting, or subseriuently to the inspector, (See sections lo and ii of chapter v., of Part I., page 39.) 20. Decide upon all other kind of Complaints. Each inspector is authorized "to decide; upon any ijut.stions sub- mitted to him, which arises between interested parties uniler the operations of the school law and regulations." NoTi:. — From the foregoing section it will l)e seen that each inspector's office is constituted a tlomestic forum for the lettlement of all local school ipiestions and dispute-, which may arise within his jurisdiction. A few general principles, which will be found in the regulations for the education department on the subject, will be found of great service to \\\m in such matters, and secure unitbrmity of action. These regulations will I)e found in section 25 of this chapter. 21.— Decide Cases, and give Counsel and Advice. The inspector should promptly adjudicate upon all ca.ses sul)mitted to liim, tifter hearing both sidt\s, ;ind give such counsel and ad\ice (in harmony with the school law ..nd regulations) as shall, in his judg- ment, best proiuotc the interests of th(> schools, and ])reveiit disputes and litigation in neighbourhootls. NoTK — A public officer who is required l)y law to act in certain cases, accord- ing to his judgment or opinion, and subject to penalties for his neglect, is not liable Uy a jxirty for an omission arising from a mistake or want of skill, while acting in good faith. 22.— Inspector may refer Questions to Chief Superintendent. The law authorizes each inspector " to decide upon any ipiestion submitted to him which may tvrise " under the School Act ; " or if ho deema it advisable to refer any question to the chief superintendent." us iNSrECTORS OF PUBLIC SCHOOLff. 23 —Any person may appeal to the Chief Superintendent. Tlie law declares that "any ai^^i^-ieved or dissatisfied party, in any case not otherwise provided for, shall have the right of appeal to the chief supe: "ntendent." 24.— Authority of the Chief Superintendent to Decide Appeals and Settle Differences. The School Act declares that " the chief superintendent shall have authority to decide upon all disputes and complaints laid before him, the settlement of which is not otherwise })r()vided for by law, and upon all appends made to him from the decision of any inspect' or other school officer." 25.— How Appeals to Chief Superintendent of Education may be made. All parties concerned in the operations of the school laws, have the right to appeal to the Chief Su]K3rintendent of Education, and ho is authorized to decide such questions as are not otherwise providc^d for by law. But for the ends of justice, to prevent delay, and save expense, it will be necessary for any party thus appealing : 1 . ^n fvirnish the l)arty against whom he may ap]H\al with a correct couy of his communication to the chief superintendent, in order that suck party may have an op]X)rtunity of transmitting any explanation or answer deemed exi)edient. 2. To state expressly in the ap]>eal that the opposite party has Iteen thus notified, as it must not be supposed that the chief su|>erintendent will decide or fonn an opinion un any point affecting difierent parties, without hearing both sides — what- ever delay may at anytime be occasioned in order to seciu'e such hear- ing. A])plication for advice in school mattere, should in all cases be first made to the inspector having jurisdiction in the municipality. 26.— Other General Powers of the Chief Superintendent. The school law also gives the following general powers to the Chief Su[)erintendent of Education ; — (1). Prepare Fwrns and Regulations. — "To prqiare suitable forms, and to give such instructions as he may judge necessary, and proper, for making all reports, and conducting all ])roceedings under this Act." (2.) Application of School Moneys — Deciding Complaints. — "To Bee that all moneys apportioned by him are aj)plied to the objects for which they are granted ; and for that purpose, and wjien not other- wise provided for by law, to decide upon all matters and co)n[)laints submitted to him, which involve the expenditure of any part of the school fund." (3.) Application of Balances of the School Fund, — "To direct the application of the balances of the school fund apportioned for any year, which may be forfeited accordmg to the provisions of this Act. INSPECTORS OF PUHLIC SCHOOLS. 149 towards raakiu'^ up the salaries of teachers in the oounty to which the a;iuio has been apportioned." (4.) Disagreement between Roni.an Catholic ScJiool Trif^fri'.q and Officials. — " In the event of any disaj^reement between ti-ustees of Itomaii Catholic separate schools and inspe-tors of puljlic schools or other iiiunicipal authorities, the case in dispute shall b;^ refei-red to the equitable arbitrament of the Chief Superintendent of Education in Ontario ; subject, nevertheless, to ap|);Ml to the Governor in Council, whose award shall be final in all case.s" 27 —Powers aud R9spon'=)ibiliti93 of lQsp3ctors under tho Statute. The School Act of 1871 declares, tiiitt each inspector "shall have all t!ie powers in each munici})ality within his jurisdiction, and be subject to all the obligations conferred or im]tosed by law upon ' local superintendents,' and which are conferred or imposed by this Act, according to such instructions as may be given to him, from time to time, by the Chief Suj)erintendent of Education " NoTK. — As inspectors receive one half of their salary through the educntion department, it was necessary that tlieir responsibility to it should be fixed. 1 he law, therefore, wisely directs (as above) that each inspector's duties shall lie performed and hi^ ]iowers exercised "according to such instructions as may be given to him, from time to time, by the Chief Superintendent of Education." 28.— Inspectors to Grant Special Certificates to Teachers. The School Law authorizes inspactors " to give to any candidate, on dw. examination, according to tho programme authorized for the examination of tea.ohe'v,, a certiMcate of (pialitication to ttiach school withiti tho limits of tiio charge of the inspector, until (but no longer than ) the next ensuing meeting of the boai-d of examiners of which such inspector is a membijr ; but no such certificate shall be given a fleconil time, or be valid if given a second time, to the same person in the same county." Note. — Interim certificates maybe given in special cases to candidates who fail at a county board examination. But in all such cases the inspector nuist have the authority of the county boar;^! and the consent of the education de[)artnient before doing so. He should report the case fully to the department. 29.— Conditions to be observed in giving Special Certificates. In granting special certiticates inspectors will observe : (1.) l^liit they are reijuired to examine all candidates desiring Hpecial certificates. (2.) That they are not authorized to grant "permits," or endorse as go;) I a vy previous certificates of the applicant. (',]. ) Tiiat the special certitiijat'^s given can only have the value of those of the third class and bo valid " within the limits of the charge • -t'. INSPECTORS OF PUBLIC SCHOOLS. 153 4 ) >. * Note. — Inspectors will see that this fund suffers no diminution on account of (l) collector's fees, (2) per centajje to treasurer, (3) liaiik charj,'L-s, (4) dejirfciat-.d currency, or (5) American silver. None of these charges can be lawfully bor .e by the school fund. 38.— How shall Union School Sections be Paid? " The Hcliool inspector of adjoining townsliiyiK slmll tl tlio sums to he paid from the j)ublic school fund of each township iu support of the schools of union school sections consisting of portions of such tovrnships ; and shall also determine the manner in -whicli such sums shall be paid ; but in the event of one jierson being inspec- tor of the to'vnships concerned, he shall act in behalf of such town- ships. In the event of the school inspectors thus concerned ' ot being able to agree as to the sum to be jjaid to (^ach such townsli^-,, the niattcu- shall be referred to the warden of the county for tin;il decision." Note. — The trustees of union school sections are required to transmit exact copies of their half yearly (but not of their yearly) return to the ins]iector of catli township out of which their union is formed — distinguishini; the pupils residiuL; in each township. 39— Can the School Fund be Paid to a Trustee? It cannot. All ciieques tor the school fund apportioneil to a sec- tion, must be made payable to the (qualified) teacher or his order, and to no other person ; and no cheque can be given to such teacher except on an order signed by a majority of the trustees of tin; scliool section, and attested by a lawful corporate seal, and then only for the time during which the teacher had held a legal certificate of qualifi- cation, not cancelled, suspended, recalled or expired. In giving cheques to male teachers, the half-yeai-ly paymcut of two dollars to the Superannuated Teachers' Fu.id (for whicli the inH))ecti)r is i-cspon- sible) must be deducted. (See section 8 and U, chaj)ter ix. of Part I. of these lectures, page ^^}j Note. — Trustees sometimes omit the giving^ of such orders to " teachers employed by them," and thus designedly or unwittin;^ly e\a(ie the law. Tliey generally do so for one of four reasons, vix. : (l) if they have advanced llie money to the teacher themselves ; or, {2) have paid him by orders on a store : or (3) if they have employed a teacher without the legal qualifications ; or (4) if thoy v\ish to aid a male teacher to evade paying the half-yearly superannuation money. In all these cases inspectors should remonstrate with trustees, and in case of a repeti- tion of the evasion, withhold the grant to the section. I.very order sliould be made out in favour of the teacher employed during the time for which it is issued. 40.— Who is Responsible for the Blank Forms of Trustees' Returns ? Inspectors are responsible for obtaining blank forms of reports from the educational de[)artment, through the county clerks% and sup[)lying them to the public schools, and also for the jirompt des- patch of the blank form of yearly and half-yearly returns directly to the trustees. The trustees aro equally responsible (in addition to / U: 154 INSPKCTOnS OF PUBLIC SCHOOLS. tliP ponalty imposed Ity Iaw,)for tlio delivery of the returns and reports to their inspector, within ten days after the close of the yeai- or half year. NoTi:. — The school law (h>cs not ;-ry«/;r the education department to furnish re|:;isters or hlank forms to the trustees, but for the convenience of all parties con- cerned, it has done so i;raluitously. 41.— "What Chock has the Inspectoir on incorrect Returns P The trustees' half-yearly return of the puj)ils' names, and number of days on which they attended during each month, will bo a check agiiinst false or exiiL,fv al)S(;iit two ot" the ordinury tcacliiiig days in each half year, for the ]tur[)ose of visit- iiijfj and oltserviiig the methods of classilication, teachinj,' an. 1st of April and 1st of October, and onco between tho. lat of ()ct())»er and 1st of April;" or at such other convenient pi;riods of the year as may lie lixed upon. (S. ) " l']xaniiiu% at each half-yearly visit, the state and condition of tlie school," as rcijuii'dl in a form furnished by the Chief Super- intendent. (it.) *• D.iliver in each of his school sections, at least once a year, a j>ul)lic lecture on smno Hul)ject connected with the objects, princi[)le3, a.nd ui'aus of practical (Mhic.ition," etc. (10.) " l)o all in his power to persuade and animate parents, guardians, trustees, and teachers to improve the charact(!r and efficiency of the j)ublic schools, and to secure the sound education of the young generally." (11.) " S(>e that all the schools are managed and conducted according to law," and " the ofiicial regulations." (12.) " Prevent the use of unauthorized te.xt books in the schools, and to recomnuMid tlie iise of authorized l)Ooks in each school." (13.) " Acrtilicatcs hliall not he given to any teacher a Heconil time in the jiaiue coutity. (2'\.) Suspend, "for any cause which may appeiir to him to re((uire it," the provincial, county or special certificate of any teacher of a ])uhlic or separate school within his jni'isdiction, i,'ivin^ duo notice to tho trustees and teiu-her concerned, of the reaswns for tho Ruspimsion and (in the case of a c(junty certiHcate) notice of tin- day of meetiiiij of the county hoanl of examiners. In the case of tho liolders of provincial certilicates, the inspector i.s to I'eport tho circumstances fully to tho Chief Superintendent who " shall finally decide n])on the case." Note.-— Officers required by law to exercise tlicir jiidj^mcnt aie not aiiswcrr.hle for niisl;ii^, ''' IMAGE EVALUATION TEST TARGET (MT-3) / O Vj 1.0 I.I IIM 1.8 1.25 1.4 1.6 = -• 6" — ^ V] <^ /2 m w , ^J' y /a ^ Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, NY. 14580 (716) 873-4503 M 158 POWER AKD AUTHORITY OF INSPECTORS. (32.) "To I'opoi-t annually or oftener as required to the Chief SupiMMutoiultint, according to the form prescribed by the Chief Suj)('iintf>n(l(Mit." (.'5.'}.) On retiring from office to hand over to his successor "copies of his official correspondence and all school papers in his custody." CHAPTER XVIII. POWER AND AUTHORITY OF AN IN THE SCHOOL. INSPECTOR 1.— Visitation of Separate Schools by the County Inspector. i'lie county inspector shall visit every public and separate school under his jurisdiction iit lea.st once during each half ycuir. He t(]jv •' ;lev >tf' on an average at leiust half a day to the examination of ii' ••' ';3S and pupils in each school, and shall record the result of BVi; - , -cvinination in a book to be kept for that piu'jwse. He shall also ? >ake encpiiry and examination, in such manner as he shall think proper, into ali matters affii'Cting the condition and operations of the school, the results of which he shall record in a book, and transmit it, or a cojiy thereof, annually, on completing his second half-yearly inspection, to the education department; (but he shall not give any previous notice to the teacher or trustees of his visit.) ^ Note. — See chapters ix., of the firit part of these lectures, pages 63-66. Also the regulations on page 61. 2.— Authority of an Inspector while in a School. The authority of an inspector in a school while visiting it, is supreme ; the mastei-s, teachers and pupils ai'e subject to his dii-ec- tion ; and he shall examine the chisses and pupils, and direct the master or teachers to examine them, or to proceed with the usual exercises of the school, as he may think proper, in order that he may judge of the mode of teaching, management and discipline, in the school, as well as of the progre.s.s and attainments of the pui)ils. NoTK. — As a public officer, charged with the duty of inquiring into and report- ing upon the actual condition of a school, the inspector requires all the authority and freedom which the foregoing secures to him. lie sliould be in a position at any time to ascertain all the facts relative to any school. Hence he is publicly clothed by the school law with the necessary authority to do so " without let or hindrance " from any one. 3.— A.n Inspector's Procedure in the Visitation of Schools ? No IE. — The perso.:al remarks relative to the inspector's treatment of a teacher, are merely suggestions, and are to be observed in the maoner which the inspector's good taste and judgment would dictate. f ■ ■i '>? »- ? ^* '{? i'^ ■^: ^m K ^ ^ / POWER AXD AUTHORITY OF INSPCTORS. 159 On entering a school, with a view to its inspection, and havinji^ courteously introduced himself to the teacher (if a stranger), or, if otherwise, liaving suitably addressed him, the ins|»ector shall : (1.) Note in the inspector's book, the time of his entrance, and on leaving, the time of departure from the school. (2.) See whether the business going on corresponds with that assigned to that particular hour on the time table, and generally whether the arrangements which it indicates agree with the prescribed programme of studies, and are really carried out in practice. If not, he should at once privately notify the master or teacher of the omis- sion, and the penalty for neglect to observe the regulations. (3.) Examine the general register, and the teacher's register, and other school record.s, and take notes of the attendance of pupils, num- ber of classes in the school at the time of his visit, &c. (4.) Observe the mode of teaching, the management of the r.cliocl, and generally its tone and spirit ; also whether the bearing, manner and language of the teacher, his authority over the pupils, and their deportment at the time of his visit are satisfactory. 4 — The Inspector shall see to the Standing of Pupils in the School. In his intercourse with masters and teachers, and during liis visit to their schools, the inspector should treat them with kindness and respect, counselling them privately on whatever he may deem defec- tive or faulty in their manner and teaching; but by no means should he address them authoritatively, or in a fault-finding spirit, in the presence or hearing of the pupils. Note.- — See note to next preceding section. 5.— An Inspector's Intercourse with Teachers and Pupils. The inspector should, on visiting a school, especially see that every pupil belongs to only one of the six classes in the school ; that none are permitted to devote attention to one subject to the neglect of the others prescribed. The test of each pupil's standing in the school and his right to be in a particular class, should be his knowledge of spelling, gi'aramar and arithmetic. If behind in these subjects the inspector must place the pupil in the (proper) lower class. Note. — The inspector should take the responsibility of directing the teacher (should he hesitate) to put back a pupil who has been found, on examination, to be in a class too advanced for him. 6.— Inspector to see to the Attendance of Children at School. The Inspector should see that the provisions of the third section of the School Act of 1871, in regard to the right of eveiy child in the municipality under liis jurisdiction to attend some school, are not allowed to remain a dead letter ; but he should, where necessary, frequently call attention to the subject. 160 POWER AMD AUTHORITY OF INSPECTORS. 7.— School Aocommodation— Air and Ventilation- One of the most important duties of the public school inspector, in his half-yearly visitations to the school, is to see that the provisions of the statute in regard to "school accommodation" is complied with. He should see especially if there is sufficient space for the pupils : that there is at least the prescribed quantity of air provided for in the school room, and that the ventilation of the room (esj)ecially in the hot weather and winter) is satisfactory. The subjects of examin- ation and inquiry on the part of the inspector in. his visitations, should be as follows : — ■ (1.) The materials, dimensions and plan of the building; its con- dition ; how lighted, warmed and ventilated ; if any class rooms are pro\ided for the separate instruction of part ol' the children ; if there is a lobby, or closet, for hat" -cloaks, bonnets, booic presses, &c. ; how the desks and seats are arrai ^ed and constructed ; what arrangements for the teacher ; what play ground is provided ;* what gymnastic apparatus (if any); whether there be a well, and proper conveniences for pi-ivate j)urposes ; and if the premises are fenced or open on the street or road ; if shade trees and any shrubs or flowers are planted. Note. — In his iiKjuiiies in these matters, the inspector is especially directed to see wlicther the law and regulations have been complied with in regard to the condition of the school house, (should he discover remissness in any of thera, he should at once call the attention of the trustees to it, before withholding the school fund from the section, with a view to its remedy before the next half-yearly visit.) (2.) Space for Air. — Whether the required space of nine square feet for each pupil, and the average space for one hundred cubic feet of air for each child have been provided for in the construction of the school house and its class rooms, t (.3.) Well ; Proper Conveniencies. — Whether a well or other means of i>rocuring water is provided ; also, whether there are proper con- veniences for private [)uri)oses of both sexes on the premises ; and whether the regulations in regard to them, contained in division ii. of chapter ii., of the first part of these lectures, page 16, are observed. NoTr,. — Should section 12 of chapter ii., part i. of these lectures, nc. ^e acted on, the inspector should call the attention of the trustees to it. (See page 19.) *Si«e of School. Grounds. — Tlio Br.hool grounds, wherever practicable, should, in the rural sertidMs, oinbnu'u an acru in extent, and not less than half an acre, ho as to allow the school house to be set well b ink from the road, and furr.ish play grounds within the fences. A con- venient fonii for school {;rounds will be found to be in an area of ten rods front by 16 rods deep, with tlie sdiool liouse set back four or six rods from the road. The ground should be Btrontjly fenced, the yard and out-houses in the rear of the school house being invariably sepa- rated by a lii;,'h aiicl ti|,'ht board fence ; the front ground being planted with shade trees and slirubs. F(ir a small scliuol, an area of eight rods front by ten rods deep may be auftlQient, the school house being set back four rods from the front. t y given. Note. — Sections 2, 3, 5, 7, 8, 10, and part of li, of cliaptcr xvii., of Part ii., of these lectures, apply to city and town inspectori. (.See pages 142-144.) They do not therefore require to be repeated liere. 4. — Summary of the Powers and Duties of Inspectors in Cities and Towns. In addition to the foregoing duties, the inspectors of public schools in cities and towns are exj)ecte(l to perform tlie following ones : (1). Custodian of School, rroperti/. — He (under the dinuition of the proper committee) shall be the special custodian of all the chattel property and effects of the school board in ''se in the several schools ; and it shall be his duty to see that the sanu? are used with can;, and are properly preserved. To tliLs end he shall hold masters and teach- ers to a strict accountability. (2), Attend Committees. — He shall attend and advise, when requested, with any standing or special committee of the school board, in respect 12 I 162 CITY AND TOWN INSPECTOllS. to matters comiiiittod to tliom, and sliall ])oi"form such duties in res- pect to such mattors as may bf) proscribed by tlie board. (3). /iVyw/y un Schoiil Fixtures.— -Hi': sliall rejxr.-t from time to time to the school board (or committee) what furniture and school fixtures are necessary for the jiublic schools, and what, in his opinion, is the propi^' kind of such fui'nit.u't^ and fixtures to be ]»rocured for any school, and best adapted for use therein ; and the board (or commit- tee), if they concur in the recommendation of the insj)ector, shall direct him to jtrctcuix^ tlu^ same, and cause it to be placed in the school house whei'c it is r(M[uir(!d. (4). Ji'i'port on Altrrnlions, dr. — The inspector shall also report to the Itoard (or committee) from time to time what alterati< us, if any, are, in his opinion, ncccfssary to bi^ madt^ in the interna! a/iauifcment of the school buildiuijs ; and the board (or committee) shall, if they approve such chauLfi'. cause the same to be made. (.")). Csi' of' ScIhidI House, dr. — Ho shall see that the school build- ings ai'o not usimI for any other purpose than the accommodation of the public schools, ('xc(>pt by s[)ecial j>ermission of the board. (0). Te'd'her.i Jfnelht'/s.—Ue shall have the power to convene the masters and teachers, or such of them as he may designate, in special meetings, the members of the board (or committee) having always the right of beijig )>reseut at such meetings, if they dosii-e it. (7). (iruiit Spccitil Crrtljicafe.—lle may, as indicated on liage 149, grant special a;id interim certificates to ]>ublic school teachei's. (H). Susjinul Teacher Certifieafi'.i. — lie shall have authority to suspend, for any cause wiiich hi; may deem suilicient, the certificate of any teacher within his jurisdiction. (Sec page 15'J.) NoTK. — Tlu)ii_i;h the summary only of the powers anil duties of city and town inspectors is s shall, in tlie niiinner now provided hy law, Irvy and collect the rat(^ upon the taxalile property of the scho./l divisiDii or munici- pality (as th(^ case may be), to defmy thlic school, or to reipiire a Protestant to attend a Roman Catholic school." — Sec. 3, Act of 1871. NoTK. — The regulations provide that " the inspector should see that the provi- sions ill the third section of the School Act of 1871, in regard to the right of every child in the numicipality under his juri.sdiction to attend some school, are not allowed to remain a dead letter; l)ut he should, wliere necessary, frequently call attention to the subject." — Sec. 8 of Inspectors' Regulations. 3.— Penalty for Non-attendance at some School. "It shall be comj)etent for the police ma!j;i:;trate of any city or town, and for any magistrate in any village, township or town where there is no police magistrate, to investigate and decidt^ upon any com- plaint made by the trustees, or any person authorized by them, against any pai'ent or guardian for the violation of this Act, and to impose a ^ 164 GENERAL PROVISIONS OF THE LAW, ETC. fine not exceeding five dollars for the first wilful offence, and double that penalty for each subsequent offence ; which fine and ])enalty shall be enforced ius provided in the one hundred and fortieth section of the Consolidated School Act : Provided, nevertheless, that the police magistrate or justice shall not be bound to, but may in his discretion forego to issue the wai'rant for the imprisonment of the offender, as in said section is provided." — Sec. 4, Act of 1871. NoTK. — For 140th section, referred to, see page 173. 4.— Further discretion of Magistrate to enforce Penalty. In all cases, " it shall bo the duty of the [police] magistrate [or "any magisti-ate " ''where there is no police magistrate"] to ascer- tain, as far as may be, the circumstances of any party complained of, and whether such alleged violation has been wilful, or has been caused by exti-eme poverty, or ill-health, or too great a distance from any schoid ; and in either of the latter cases, the magistrate shall not award punishment, but shall report the circumstances to the trusteijs of the division in which the offence has occurred." — Sec. 4, Act of 1871. 6. —A Resident in one Section sending bis Children to another Section. " Any person residing in one school section [city, town, or village] and sending a child or children to the school of a neighbouring school section [city, town, or village], shall, nevertheless, be liable for the payment of all rates assessed [on his property] for school ])ur- poses in the section in which he resides, as if he sent his child or children to the school of such section ; and such child or children shall not bo returned as attending any other than the school of the section in which the parents or guardians of such child or children reside." — Section 12G, Consolidated School Act. NoTK.— For fu'' explanation of the law relating to non-residents, see chap. iv. of I'art I. of these sections, page 34. 6.— Exception as to Separate Schools and Non-resident Ratepayers, The law declares that the foregoing section *' shall not apply to persons sending children to or supporting separate schools ; or prevent any person who may be taxed for public school purposes on property situate in a difi'erent school section fi'om that in which he resides, from sending Jiis chihlrcn to the school of the section in which such property may be situate, on as favorable terms as if he resided in such section." — Section 12G, Consolidated Act. NoTK. — .Since the "ratebill" system has been abolished, no fees can be chained to non-re^iilents ; nor have any non-residents the right to send their children to a school to the support of which they are not ratepayers. See, however, chapter page 34- GENERAL PROVIfllONS OP THE LAW, ETC. icr. 7.— Foreign Books not to be used without tho permission of the Counoil of Public Instruction- *' No person shall use any foreign books in tlio English hranchcH of eiluciition, in any model or public school, without tho ex|>r('.sH porniia- sion of the Council of Public; Instruction; and no portion of thr- legislative school grant shall be applied in aid of any p»il)lic [or separate^) school in which any book is used that has been y assessment a sum at least e(|ual (cicaf of all eliari^es for collection) to tlio share of the said school grant a|i]ilicalile to it, unless it is conducted according to the regulations [)rt)vi(led l)y law." — Sec. 'M, Act of 1S71. NoTK. — Sou also sections 17 19, ji. 171, of tlie next cliaptcr, and >ce page 152. 14 - Annual payment to Superannuated School Teachers' Fund. " Each male teacher of a jmblic school holding a certiticate of quali- ficatioii niidci' the School Acts of this Pro\ ince shall, and each such female teaclier may, pay into tlie fund fur the supjioi't of superannu- ated sch(«il teachei-s tlu) sum of four dolhu'S annually ; and each iiis]>ector of schools is hereby authorized and i"e((uired to deduct one- half of such sum semi-aninially from any ])ayiuents made by him to any male teacher uudt r his jnrisdiction, and transmit the sanui to the Education Department : Provided always, that any teacher retiring from the jirofession shall l»e entitled to receive back fr(mi the chief sui)erinteudent one-half of any sums thus paid in by him to the fund: And ]Md\ idrd further, that on tho decease of any teacher, his wife or other l(>gal representative shall be entitled to receive back the full amount paid in by such teacher, Avith interest at the rate of seven per centum per annum." — Sec. 13, Act of 1871. (^See aec, 8, page 65, and sec. -11, page 15-1.) 4< '4 i >■'¥ .< * i ■,< •*»■■■ >>i :) I'KNAli CLArSEH OF TIIK STATITKS. CIIAPTEll XXI. 107 VARIOUS PENAL CLAUSES OF THE STATUTES. 1.— Penalty on Socrotary-Treasuror or Trustee for refusing to account. " Tf njiy secn'taiy-troiisurcr Miniointnl by tlir« [puhlic or scj»anito] BcliDol trustct'H of any school .section, or any |KTson liav ini; liccn suuli Hocrctaryti'casurcr [or any tru.stccj, lia.s in lii.s j»osst>ssiou any Ixtoks, papers, cliattel.s or moneys, which caiuc into his p().s.scs.sitin as such Kccrctaiy-ircasuror [or truster], and wrongrully witlihohls oi' refuses to deliver up or to account for and p^>y "ver tin; same or any [lart thereof to the pei-sou and in the manner directed l»y a ujajority of the school trustees for the school .section then in olhee. such w itliholding or refusal shall b(> a misdemeanor." — Sec. IJU), (."onsol. Act. (^Seo chapter iii., pa!,'c 2."?, of thest) Lectures.) 2.— Mode of proceeding in tho case. " Ui)on application to the jud;^(!of the county court, by a majority of siicli trustees [or any two ratc'payers], supported by their atlitlavit made before some justice of the peace, of such wronj.;fuI w ithliolding or refusal, such jnd;,^! .sliall make an ordi-r that such st-cniaiy trea- surer, or person having been sucli,(n' tiustee, dt) appear befoi-e jiim at a time and ])lace to be appointed in the order. Any b;'.ilitl' of a divi- sion coiu-t, ujKin being i-ecpiired by such juilge, shall .ser\ e siuli order per.sonally <)n the party comidained against, or leaver tlie same with a grownu}) person at his residence. At the time and place .so appctinted, the judge, being .satislied that such service has l>een made, shall, in a Hununary manner, and whether the pirty complained of does or docs uot appear, hear the complaint ; and if he is of opinion that tlie com- plaint is well founded, such judgf) shall oi'der tho party complained of to deliver up, account foi-, and pay over the l>ooks, pap<'rs, chatteLs or moneys as aforesaid by a certain day to be named by the judge in the order, together with s\ich rea.sonable costs incurred in making the application as the judge may t;ix. In tho event of a non-complianco with the terms s])ecitied in stu'h order, or any or either of them, tho judge shall order the said party to be forthwith an-e.sted by the sheriff of any county in which he may be found, and to be committed to the common tiaol of his count v, there to ri;niain without bail until such judge be satisfied that suc^ii [>arty 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 .so done, such judge shall make an order for his discharge, and he shall be discharged accordingly. No such proceed- % ICb PENAL CLAUSES OF THE STATUTES. ing hIiiiII impair or afloct any otlier remody wliich tlio said tnisteen may have against autjli secrotary-trfwiaui-or, or person having hocn such, or his Hurotics." — HtwH. l.'Jl-13(), Consol. Act. (So« pfigo U3.) 3— Certain parties personally responsible in case of lost School Fund. •'Tf any part of tho public school fund [or moneys] Iw eml»ezzle -X {} t V ' PENAL CLAUSES OP THE STATUTES. 169 '1 » < I ^ > 's <) tho offender ; and such penalty, when ao paid or collected, shall by niich jiiKtico bo paid over to the naid public school fund ; or the Haid offender niny Imj prosecuted and punished for tho niisdeiiicanor." — Section I'Mi, Consolidated Act. (Hoe section 13, chnpt^T ix. page (i6, and section 16, chapter xvi., page 137, of these liCctures.) 6.— Penalty on Trustees Refusing Information, etc., to Auditors. *' If the trustees, or their secretary in their l)ehalf, Tvfuse to fur- nish the auditors, or eitlujr of them, witli the papers of information in their power, and which may bo recjuired of them, relative to their school acc(mnts, tlio party refusing shall be guilty of a misdemeanor, and upon prosecution by either of the auditors, or any ratepayer, l)e puniHh(>d by fine or imprisonment, iih provided by the one hundred and fortieth section of the said Consolidated Public School Act, page 173." (See the one hundred and thirtieth and seven foll(»wing sections o! the Act, page 1G7 ; also sections G-D, page 38, of these Lectures.) 7 Trui^tees Fersonnlly Responsible for Moneys Lost. "I'ho tnstef^i; of each school section shall be jiei-sonally respon- sible for tin imount of any school moneys foifeited by or lt)st to such school .cction in consocpience of their neglect of duty during tlieir continuance in office ; and the amount thus forf(nted or lost shall be collected and applied in tho manner provided by the twenty-first and twenty-third sections 'f this Act," page 170. (See also the following twentieth clause of tho twenty-'oventh section, !»nd the one hunaied and thirtieth and seven folh)wing sections of this Ai;t, jiage ' ''"7, section 31, Consolidated Act. See section 8, page 1 1 ; section 'J, page 39 ; section 13, page 84; and section 15, jHigo 13G, of these Lectures.) 8.— Personal Responsibility of Trustees in case of neglect to exercise Corporate Powers. Trustees are required *' to exercise all the corpor.Ate powera vested in them by this Act, for the fulfilment of any contract or agreeiiient made liy them ; and in case they or any of iheni vilfully neglect or refuse to exercise such powers, tho truster or tiusteos so neglecting or refusing shall be personally responsible for the fulfilment of such contnict or agreement," clause 20, section 27, Conf-olidatod Act. (See decision (1) in section i), page 13, of these Lectures.) 9— Penalty for Delaying Yearly Report. " In case tho trustees of any school section neglect to prepare and forward tho annual report to their inspector by tho thii-ty-fii-st day of January in each year, each of them shall, for each week after such thirty-first day of January, and until such report has been prepaj-ed and presented, forfeit the sum of five doUai-s, to be sued for by such 170 PENAL CLAUSES OF THE STATUTES. iiispoctor, .111(1 colfectod and u]ii)li(Ml in the manner pi'oviiUHl by the twenty-tirst section of this Act," below. Section 2S, C'onsol. Act. 10.— Penalty for Delaying Half- Yearly Report. " In case trustees ]ie<,'lect to transniit a verititnl statement of the average attendance ilui'ing eadi precedin ;'^ ^ .A V > ^, PENAL CLAUSES OF THE STATUTES. 171 I, V fme of not moro than fivo dollars, to bo vocovei'ocl us provided in the one IuukU-ihI and fortieth .section of the Ontario (A)ii.solidutfd Tublic School Act iifore.said," page 173. Section 11), Act of 18()U. 15.— Penalty for False Declaration of the right to vote in Cities, Towns and Villages. "If any person [at a school trustee election in a city, town or villa,L,'c] v,-ilfully makes a false declaration of his ri:.dit to vote, hw shall l»e ^'uiity of a luisdeiiieaiior, and upon conviction, upon tho comi)laint of any other person, shall lie punishable by line jind iniprisomaent. in the laanuer ])rovide(l for in th(! einhteenth section of this Act," below. Section 71, ( 'onsolidated Act, (see pa^e 11*).) 16.— Penalty for False Declaration of right to vote in Rural Sections. "If any person [in a i-nral school section] wilfully makes a false declaration of his right to vote, la; shall lie guilty of a aiisdena'anor and )»e jiunishable by tine or im]u-isoinnent, at the discretioa of the court of Quarter Sessions ; or by a penalty of not less than live dollars, oi- laore than ten dollars, to be sued for and recovered with costs before a justice of the peace, by the trustees of the school section, for its use." — Section 18, (.'onsolidated Act, (see page l.").) 17.— Apportionment by County Inspectors. Inspectors are directed by law to apportion, but not to ]tay the school fuial •' to any school section whose trustees have neglticti'd to transmit their retin-n of average attendance foi- the last preceding half year." — Section 91, Consolidated Act, (see {nige, 152 of Lectures.) 18.— Inspector to give Cheques to none but Qualilied Teachers. The insi)ector is authorized "to give to any ipialitied teacher (but to no other) on the order of the trustees of any school section, a ohcipie upon tho county treasurer or sub-treasurer, for anv sum of money a)iportioued and due to such section." — Ibid, clause L', (see pages (iT', 1 ">.■') of these Lectuivs.) 19.— Conditions of giving Orders to Teachers. " Except in the case of a new school section, [the inspector] shall not give a cheque upon [the trustees'] order, unless a satisfactory annual school report for the year ending the last day of December [)receding has ])een received from the trustees ; ]h)1' unless it appeal's l)y such report, that a school has been kept by a ipialitied teacher in such section." — Ibiil, (see ])ages (It), 151.) 20.— Inspector may suspend Teacher's Certificate. Each public school inspector is authorized '' to suspend the [pro- vincial or county] certificate of qualitic-.ition of any teacher [of a 172 PENAL CLAUSES OF THE STATUTES. public or 8oparate scliool] gi-antetl by tlie Board of Examiners, for any cause which may appoar to him to require it, until tlio next ensuiui^ meeting of the board, of which meeting due notice shall be given to the teacher suspended, and such l)oai'd shall dispose of the case as a majority of the members present think proj)er ; and the cancelling or suspension of a teacher's cej-titicate of qualification shall release his school trustees from any obligation to continue him in their enq»loyment." — Clause 9, fjection 1)1, Consolidated Act. (See pages GO, 150.) " A school inspector sliall have the same authority to suspend, for the time being, a provincial certificate of a teachei*'s qualifications, and re])oi't the same foi-tlnvith to the chief superintendent, as he has to suspend a county certificate, notifying in winting to the teacher who.se certificate is suspend<'d, the retusons of it ; and the chief super- intendent shall finallv decide upon the case." — Section 22, Act of 18G0, (see i)ages GG, iV.O.) 21.--Teachers to give access to Register and Visitors' Book. " At all times, when desired liy them, to give the trustees and visitors access to the register and visitors' ])ook appertaining to the school, and iq»on his leaving the school to deliver up the .same to the order of the tnistees." — Clause S, section 82, Consolidated Act, (see page 53.) 22.— Teacher to deliver up School Key and Register. " Any teacher wilfully refusing, on the demand of the majority of the trustees of the school corporation em[)loying him, to deliver up any school register or school house key, or other school ])roperty in his possession, shall be deemed g^iilty of a misdemeanor, and shall not Ije deemed a (pialified teacher until restitution be made ; and shall also foifeit any claim which lie may have against tlie said trus- tees." — Section 1, Act of 18G0, (see page 53.) 23.— Township Clerk required to prepare School Map of the Township. " Should the clerk neglect or refuse to prepare and furnish the map of the scliool divisions of his municij)ality, as retjuired by the forty-ninth section of the Consolidated School Act, he shall render himself liable to a j»enalty not exceeding ten dollars, to be recovered before a magistrate, for the school pui'iioses of his municipality, at the instance of any ratepayer thereof" — Section 19, Act of 1871, (see page SS ; also clause 9, chapter vi., page 97, of these Lectures.) 24,— Penalty for Disturbing a School or School Meeting. " Any per.son who wilfully disturbs, interrupts, or disquiets \he proceedings of any school meeting authorized to be held by this Act, or any school established and conducted under its authority, or wil- fully interrupts or disquiets any high or other public school, by rude i^f-.. % f PENAL CLAUSES OF THE STATUTES. 173 if or indecent beliaviour, or by making a noise either within the place where such school is kept or lioKl, or so near thereto as to disturb the order or exercises of such school, shall, for each offence, on con- viction thereof before a justice of the pence, on the oath of one credible witness, forfeit and pay for jjublic school purposes to the school section, city, town, or village, within which the offence was connnitted, such sum not exceeding twenty dollai-s, together > ith the costs of the conviction, as the said justice may think tit ; or the offender may be indicted and punished for any of the offences here- inbefore mentioned as a misdemeanor." — Section 131), Consolidated Act. 25.— How Penalties under this Act shall be recovered. " Unless it is in this Act othei-wise provided, all fines, penalties, and forfeitures recoverable by summary jiroceeding, may be sued for, recovei-ed, and enforced, with costs, by and before any justice of the peace having jurisdiction within the school section, city, town, or village, in which such fine or penalty has been incurred ; and if any such fine or penalty and costs be not forthwith {)aid, the .same shall, by and under the warrant of the convicting justice, be enforced, levied, and collected, with costs, by distress and sale of the goods and chattels of the offender, and shall be by such justice paid over to the school treasurer of the school section, city, town, or village, or other party entitled thereto ; and in default of such distress, such justice shall, by his warrant, cause the offender to be imprisoned for any time not exceeding thirty days, unless the fine and costs, and the reasonable expenses of endeavouring to collect the same, be sooner j)aid." — Section 140, Consolidated Act. 1.— Interpretation Clause to the School Laws. " The word ' teacher ' shall include female as well as male teachers ; the word 'county' shall include unions of counties, and the word *townslii])S ' shall include unions of townHhi]»s made for municipal pui'poses." — Section 151, Consolidated Act. 2.— Meaning of Reference to Municipal and Assessment Acts. " Wherever reference is made in any School Act to the Municipal Institutions e*" Assessment Acts, it shall be held to mean those Acts, or amendments to them, which may be in force at the time of per- forming any duty under their authority." — Section 31, Act of 1871. .*■■ ■' 174 COUNTY AND CITY BOARDS OF EXAMINERS. CIIAPTEB XXII. COUNTY AND CITY BOARDS OF EXAMINERS. 1.— Constitution of the Board of Examiners. Eiicli countv or citv boiU'd for the oxamiiiiitiou of public scliool teacluM's niiiy consist of throe or five ineinboi-s, one of wliom sliiill be tho })ublic scliool inspector, and two (or four) persons, wjio nnist be possessed of the retpiisite (pialitications. A niajoi-ity of the members of the board shall form a taining from the Education Department, for the satisfaction of tlu^ county council or city board, a eertiticate of tlieir having complied with tliis reguia- tiou, and being eligible under its ])rovisions." — Regulation 2, of 1871. 3.— By whom and when is the Board of Examiners appointed. (1). For the county, by the county council. (2). For the city, by the city board of trustees. No'i K. — -TIic aiipoiiitmcnt of examiners is to be inaile annually, from among those only wiio present the legal certificates of tiualificaiion. 4 —To what Allowance is the Board of Examiners entitled? " Ei'ch of its members shall be entitled to the same reconii)ense for his time and ex})enses as are members of the county corporation for their attendatice at county council meetings ; and the incidental expense attending the meeting of such county or city board, shall include the recomj>ense to its members, the stationery, room, fuel, light, printing of notices, examination i)apers and certificates, and such remuneration to the secretary of such board as the board may deem just and expedient." — Section 11, Act of 1871, and section IG, Act of 18 GO. I \.. hii i ji i ^^ ^ k ■A T9 r %J ■ *^. COUNTY AND CITY IJOAUDS OF KXAMINERS, 175 5,— By whom shall these Expenses be paid? (1). In omintios, — by tlio county nHini('i|);il council. (2). In cities, — hy the city council, or hoard of jmlilic school trustees. 6.— What are the Duties of each Board of Examiners? (1). Ca/o/i(lates Aj)jdu;e fixed by the council of public instruction. The examination of can- didates for second and third class certificates shall be held first, and shall continue for not more than one week. It shall be held in such building as may be appointed by the Inspector, who sliall give at least three Aveeks' ])ublic notice thereof, in 'uch manner as he shall deem ex[)edient. The examination of • 'vJ 'hes for first-class certi- ficates shall be held at the same pli\ro / '- Tuesday ri.ext after the close of the other examination." — Rogi.!.;-.; \ 8, of 1871 (amended). 10.— Preliminary Meetings of the i>oard of Examiners. " The presiding inspector shall convene meetings of the examiners, for the purpose of arranging and determining on all matters relative to the examinations, and he shall preside at all such meetings, or, in his absence, any other inspector present shall preside, or, should no ^■^' a COUNTY AND CITY BOARDS OF EXAMINERS. 177 ft inspector be prosont, the examiners may elect their own temporaxy cLainnaii." — Kogulatiou 5, of 1871. 11.— Declaration of Office by, and Duty of each Examiner. " The presiding in.spector shall transmit to the cJiief superint<'n(lent, on the tirst day of the examination, a copy of the following declara- tion, signed by himself and the other examiners (Itut snch declaration shall not he reipiired more than once from any exanunei") : ' I solemnly declare that I will perform my dnty of examiner without fear, favonr, affection or j)artiality towards any candidate, and that I will not knowingly allow to any candidate any aih antago which is not equally allowed to all.' '• Each examiner, by his acceptance of otFice, l>inlf in honour to give no information to candidates, directly or indirectly, by which the ap[)roaching examination of that candidate might bo affected." — Reg\dations 6 and 7, of 1871. 12.— Viva Voce and Special Examinations in certain Subjects. "The board of examiners shall subject the candidates to viva voce examination in I'eading, of the residt of Avhich a record shall be made. It shall also have authority to obtain the services of sjx'cial examinci"S in the })ractice of vocal music and linear drawing, in case memljers of the board are not familiar with those subjects." — Ilegulation 10, of 1871. Note. — "The report of the examiners on these subjects sh.ill he in writing, addressed to the inspector. The payment for sucli services shall be certified hy the inspector to tlie county treasurer, under the authority of the sixteenth section of the .School Act of i860.''— //'/(/. 13— General Regulations for the Examination of Candidates. (1). Pi'csidinrj Officer awl fu's Duties. — The in.spector shall preside at the opening of the examination ; and, at nine o'clock on tho morning of the tirst day, in the ))re.sence of snch of his colleagues as may be there, and of the candidates, he shall break the seal of tho package of examination papers received for that examination, from the Education Department. He shall also break open the seal of each ailditional packet of examination i)apers as required, in tho presence of a co-examiner and of the candidates. He shall further see that at least one examiner is pi-esent during the Avhole time of the examination, in each room occupied by the candidates. He shall, if desirable, appoint one or more of his co-examiners (1) to {n-eside at the examination in any of the subjects named in the programme : (2) to read and i-ejiort ujion tho answers as they are received ; but under no circumstances shall a certificate of qualification be awarded to any candidate until the i-ei)ort on his answers, together with hLs certificates of character and service, etc., shall have been considered and approved by a majority of the board, tho inspector being present. 13 mam 178 COUJJTY AND CITY BOARDS OF EXAMINERS. (2). Examination on Paper — Exceptions. — The examination, except in reading, shall l>e conducted wholly on paper. The special exam- inations in the princijJes of linear drawing and vocal music, are required of all candidates. Tlie further special examinations in linear drawing, on the blackboard, and practice of vocal music, provided for in section 12 of this chapter, are at the discretion of the boards. (3). Settlement of Doubtful Points. — The inspector shall furnish to the Chief Superintendent, full numerical returns in all doubtful mat- ters relating to the results of the examinations, on which a majority of the examiners do not agree, for his decision. {4). Routine to he observed in Atuwering. — Tlie candidates, in pro- paring their answers, will write only on one page of each sheet. They will also write their names on each sheet, and, having arranged their papers in the order of the questions, will fold them once across and write on the outside sheet their names, and the class of certificate for which they are competing. After the papers are once handed in, the examiners will not allow any alteration thereof, and the presiding inspector is responsible for the subsequent safe-keeping of the same, until he has transmitted them to the Education Department. (5). Punctuality and Ruleis of Order. — The presiding inspector, or examiner, must bo i)unctual to the moment in distributing the papers, and in directing the cantlidates to sign their papers at the close of the allotted time. No writing, other than the signature, should be permitted after the order to sign is given. The candidates are required to be in their allotted places in the room before the hour appointed for the commencement of the examination. If a candidate be not present till after the commencement of the examination, he cannot be allowed any additional time on account of such absence. (6). Who shall Examine Answers. — In examining the answers of candidates, two examiners at least should look over each paper. (7), Numerical Values to Questions. — The central committee of examiners appointed by the Council of Public Instruction will, in a paper, assign numerical values to each question or part of a question, according to their judgment of its relative importance. The local examiners will give marks for the answer to any question in corres- pondence with the number assigned to the question, and the completeness and accuracy of the answer. (8). Marks necessary to be obtained. — In order that a candidate may obtain a second class certificate, the sum of his marks must amount, for grade A, to at least two-thirds, and for grade B, to one- half of the aggregate value of all the papers ; in both cases, great importance should be attached to accurate spelling. The candidate must also obtain for grade A, two-thirds, and for grade B, one-half COUNTY AND CITY BOARDS OF EIAMINERS. 179 of the marks assigned to the Bubjects of arithmetic and grammar. In order to obtain a tliird class certificate, the marks must bo not lees than oue-lialf of the aggregate value of all the pai)er8 for certificates of that rank. A candidate for a second class certificate, who fails to obtain it, may be awarded a thii'd class certificate, provided such candidate obtains what would be equivalent to fully one-half of the aggregate value of all the papers for a third class certificate, (9). Alphabetical LiM of Carnlidates. — The names of successful can- uidates shall be arranged alphabetically, in classes and grades. (10). Penalty for breaking liulea. — In the event of a candidate copying from another, or allowing another to copy from him, or taking into the room any book, notes, or anything from which he might derive assistance in the examination, it shall bo the duty of the presiding examiner, if he obtain clear evidence of the fact at the time of its occurrence, to cause such candidate at once to leave the room ; neither shall such candidate be permitted to enter during the remaining part of the examination, and his name shall be struck off the list. If, however, the evidence of such case be not clear at the time, or l)e obtained after the conclusion of the examination, the examiners shall report the case at a general meeting of the examiners, who shall reject the candidate if they deem the evidence conclusive. — General Regulations, as revised in 1871. 14.— Conditions required of Candidates for Certificates of Qualification as Teachers. (1). Notice to Inspector. — Every candidate, who proposes to present himself at any examination, shall send in to the inspector, at least three weeks before the day appointed for the commoncement of the examination, a notice stating the class of certificate for which lie is a candidate, and the description of certificate he already possesses, if any ; such notice to be accompanied by the testimonial required by the programme. (2). Eligibilitij for Third Class Certificate. — To be eligible for exam- ination for a third class (county) certificate, the candidate, if a female, must be 16 years of age ; if a male, must be 18 years of age ; and must furnish satisfactory proof of temperate habits and good moral character. (3). Eligihility for Second Class Certificate. — Candid' ' sfor second class (provincial) certificates must furnish satisfa .y proof of temperate habits and good moral character, and of leaving success- fully taught in a school three years, exce[)t in the special cases provided for in the note. And no person shall be eligible to be a candidate for a second class certificate, unless he shall have previously obtained a third class certificate, under the present system of exami- 180 COUNTY AND CITY BOARDS OP EXAMINERS. nation, or a first or second class cortificato under tho former system of county board examination. Note. — Attendance at the Normal School, with th required practice in the Model School, and passing the re(|uisile examinatio i for a second class certifi- cate, shall be considered equivalent to teaching three years in a public or private school. (4). Eligibilitji for First Clans Certlfcate. — Candidates for first class (provincial) certificates must furnish satisfactory proof of temperate habits and good moral character, and of having successfully taught in a scliool five years, or two yeans if during that j)eriod he has held a second class certificate, granted under these regulations. But all candidates for first class certificates, who do not already possess second class provincial certificates, shall be reipurcd to previously pass the examination for such second class certificate. Note. — Attendance at the Normal School for Ontario, with the required practice in the Mode! School, and passing the rc'iuisitc examiniilion for a first class certificate, shall be considered equivalent to teaching five years in a public or private school. (5). French and German Teachers. — In regard to teachers in French or German sottlemonts, a knowledge of the French or German gi'ammar respectively may bo substituted for a knowledge of the English grammar, and tho certilicates to the teachers expressly limited accordingly. 15.— Value and Duration of Certificates. (1). First and Second Class Certificates are valid during good behaviour and throughout the Province of Ontario ; and a first class cei'tifieate of the highest grade (A), renders the holder eligible for the office of comity inspector, (2). Third Class Certificates are valid only in the coi:nty where given, and for three years, and not renewable, except on the recom- mendation of the county inspector ; but a teacher, holding a third class certificate, may be eligible in less than three years, for examin- ation for a second class certificate, on the special recommendation of his county inspector. 16.— Alien Teachers to take the Oath of Allegiance. The law provides that " no certificates shall be given to any person as a teacher, who does not furnish satisfactory proof of good moral character, or who, at the time of applying for such certificate, is not a natural born or naturalized subject of Her Majesty, or who does not produce a certificate of having taken the oath of allegiance to Her Majesty, before a justice of the peace for the county in which such person resides." — Clause 6, section 98, Consolidated Act. A ,>. ,f^ COUNTY AND CITY BOARDS OF EXAMINERS. 181 I 17.— Form of Oath of Allegiance. Tho following is tho form of th(; oath of iillogiancn prescrihod by the Act, 22 Victoria, chapter 8, section 2, Consolidated Statutes of Canada : — ''I, A. B., do sincerely promise and swear, {or, heivg one of the permriH allowed to ajfinih in jiulicud cases* do affirm) that I will be faithful and l)ear true allegiance to Her Majesty Queen Victoria as lawful Sovereign of the United Kingdom of (Ireut Britain and Ireland, ami of the Province of Canada, dependent on and belonging to the said United Kingilom ; and that I will defend her to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be ni;ide against her pei'son. Crown and dignity ; and that 1 will do my utmost endeavour to disclose and make kno^vn to Her Majesty, her heirs and successors, all treasons and traitorous conspiracies and attcm[)ts which I shall know to be against her or any of them ; and all this I do swear, without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or persoiLS whatever to the contrary. So help me God." 18— Teachers exempt from Serving as Jurors, etc. The twenty-fifth clause of the seventh section of the Consolidated Jurors' Act, 22 Vic. chap. 31, exempts masters and teachers of high and public schools actually engaged in teaching, from service as jurors; and the seventy-fourth section of the Municipal Institutions Act, 22 Vic. chap. 54, exempts them "from being elected or appointed coun- cillors, or to any other corporate office." ♦ By the Act, 22 Victoria, chapter 32, section i, of the Consolidated Statutes of Upper Canada, it is enacted that a Quaker, Menonist, or Tunker, or a member of the Church known as the " Unitas Fratrum" or the United Hrethren, sometimes called the Moravian Church, h?.vine first made the fo'lowing declaration or affirmation, viz., "1, A. 1!., do solemnly, sincerely, ana truly declare and affirm that I am one of the Society called" (Juakers, Menonists, &c. (as the ca^e tiiav be), may make his affirmation or declaration, and such affirmation or declaration shall have the same force and elFeci as an oath taken in the usual form. I 182 DUTIES OF CQIEF SUPERIHTKNDEKT. CHAPTER XXIII. DUTIES OF THE CHIEF SUPERINTENDENT OF EDUCATION. 1.— A Chief Superintendent to be Appointed— His Besponsibility. " The Governor may, from time to timo, by letters patent under the great seal of the Province, appoint a fit and })roper person to be Oliiof Superintendent of Education for Ontario, who .shall hold the Oifico during pleasure, and shall receive a salary of the same amount as the 8uperiuten(l(!nt of Education in Quel)ec. Ho shall be respon- sible to, and subject to the direction of the Governor, communicated through any department of the ProvLnciiil Government." — Sections 103 and 104, Consolidated Act. 2— Duties of the Chief Superintendent of Education. It shall be the duty of the Chief Superintendent of Education, and ho is hereby empowered, — (1). Apportioning Legislative Grant. — To apportion annually, on or before the first day of May, all moneys granted or pix)vided by the Legislature for the support of the public schools in Ontario, and not otherwise appro[)riated by law to the several counties, townships, cities, towns, and incorporated villages, according to the ratio of popu- lation in each, as compared with the whole jx)pulation of Ontario ; but when the ceiLsus or returns upon which such an apportionment is to be made, are so far defective in respect of any county, township, city, town, or village, as to render it impnvcticable for the Chief Superintendent to ascertain therefrom the share of school moneys which ought to be so apportioned, he shall make the apportionment according to the ratio in which, by the best evidence in his power, the same can be most faii'ly and equitably made. (2). Notice to t/ie Provincial Treasurer aiul County Clerics. — To certify to the Provincial Treasurer the appoi'tionments made by him, so far as they relate to the several counties, cities, towns, and incor- porated villagas in Ontario, and to give immediate notice thereof to the clerk of each county, city, town and village interested therein, stating the time when the amount of moneys so apportioned will be payable to the treasurer of the county, city, town, or village. (3). Distribution by School Inspectors. — To direct the distribution of the public school fund of any township among the several school sections and parts of sections entitled to share in the same, according 4 1 DUTIES OK CHIEF SUPERINTENDENT. 183 4 ■\ to tlio lon;(tli of tiino in each your during which a school has l)oen kept open liy a legally ([ualitied touuhur iu (luoh uf nnc\i Hoctious or partH of Ht'ctions. (4). Apporl nitiff TAbrnry Grant. — To apportion tho inonovH pro- virled by tlio Logislatiin! for tho cstalJishnir'nt and support of school lihrarioH ; but no aid shall bo ijiven t(twanl.s tho estulili.shniciit or support of any school library, (inlcss an equal amount l»« contributed and expended from local sources for the same object. (5). Preparing Form» ami Rpgalations. — To prepare suitable forms, and to f^ive such instructions as he niay Judj^e m^cessary and proper, for niakin;r all n^ports, and conductin^i; all procetidiujLCs under this Act, and to caus(i the same, with siich i:;ent'nd rej^'ulations as may be approved of by the (Council of Public Instruction for tlm blotter or^aniziition and governuKMit of ])ublic schools, to be transmitted to the orticers rocpiired to execute the provisions of this Act. (0). JJisf/rlhutinfj Act ami Forms. — 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 observt^d in executing its [)rov!sions, as he may deem sufhcient for the information of all officers of public schools, and to cause tho same to be distributed for that })urposo. (7). Protecting School Moneys — Deciding Complaints. — To see that all moneys apportioned by him are applied to tho objects for which they are granted ; and for that purpose!, and when not otherwise provided for by law, to decide iiptm all matters and complaints submitted to him, which involve tho expenditure of any part of tho school fund. (8). Deciding Disputes. — Tho Chief Suj>erinten(lent shall have authority to decide upon all disputes and comi»laints laid before him, the settlement of which is not otherwise provided for by law, and upon all appeals made to him from the decision of any inspector or other school officer. — School Act of 18G0, section W. (9). Disagreement between Roman Catholic School Trustees ami Officials. — In the event of any disagreement between trustees of Roman Catholic separate schools and iiuspectors of public schools, or other municipal authorities, the case in dispute shall be referred to the equitable arbitrament of the Chief .Superintendent of Education in Ontario ; subject, nevertheless, to appeal to the Governor-in-Council, whose award shall be final in all cases. — Section 27 of Roman Catholic Separate School Act of 18G3. (10). Application of Balances of the School Fund. — To direct the application of the balances of the school fund apportioned for any year, which may be forfeited according to the provisions of this Act, towards makmg up the salaries of teachers in the county to which the same have been apportioned. >• 184 DUTIES OF CHIEF SUPERINTENDENT. (11). Appointing a Deputy and Special Inspectors. — To appoint ono of liis clon-ks to be liis deputy,* to perform the duties of his office in his absence ; and to appoint one or more persons, as he, from time to time, deems necessary, to inspect any school, or to examine into and report to him upon any school matter in the county where such person or persons reside ; but no allowance or compensation shall be made to sucli special inspector or inspectors for any services performed by him or them. (12). To have the Supervision of t/ie Normal School. — To take the general superintejidence of the Normal School ; and use his best endeavours to provide for and recommend the use of uniform and approved text-books in the schools generally. (115). EstahUshing School Libraries. — To employ all lawful means in his power to procui-e and pi o mote the e.'tablishmeut of school libraries for general reading, in the several counties, townsliips, cities, to\\nis, and villages. (14). To provide plans for School-houses, and to disseminate ■useful •informatioa.—T.o provide and recommend the ado})tion of suitable plans of scliool-houses, with the i)roper fumitui*e and appendages ; and to collect and diffuse among tlie jjeople of Ontai-io useful information on the subject of education generally. (l."!). To submit Books, Manuscripts, and General 'Regxilations to the Council of Public Instructioii. — To submit to the Council of Public Instruction, all books or manuscripts which, with the view of obtaining the recommendation or sanction of such council for their introduction as text-l)Ooks or libi-aiy books, ai-e placed in his hands ; and to j)reparo and lay before the Council of Public Instruction, for its considera- tion, such general regulations for the oi'ganization and government of public schools, and the management of school libraiies, as he may deem necessary and proper. (16). Appoint Conductors of Teachers^ Institutes. — To appoint proper persons to conduct county teachers' institutes, ami to furnish such rules and instructions as he may judge advisable in regard to the proceedings of such institutes, and the best means of promoting and elevating the profession o^ school teaching, and increasing its usefulness. (17). Responsibilitif for Moneys. — To be responsible for all moneys paid through him in behalf of the Normal and Model Schools, and to give such seciu-ity for the same as the Governor may require. (18). Correspondence of the Council of Pnblic Instruction. — To prepare and transmit al? correspondence directed or authorized by the Council of Public Instruction for Ontario. * The Provincial Statutes General lutvrp'ctatin Act declares that : • * * ; 6 Twenty ihi'd. — Wordh directing or empowering a public officer or functionary to do any act or thing, or otiierwise applying to him by his name of office, shall include his : -ccessors in such office, .and his or their lawful deputy. The Deputy Superintendent of Education for Ontario was appointed Iby the Governor General iu 1855, on the recommendation of the Chief Superintendent. If > DUTIES OF CHIEF SUPERINTENDENT. 185 (19). To malce Annual Report to the Governor. — To make annnally to the Governor, on or before the first day of July, a repoi-t of the Normal, Model, High and Public Schools throughout Ontario, shoAv- ing the amount of moneys expended in connection with each, and from what sources derived, with such statements and suggestions for improving the schools and the school laws, and jn-omoting education generally as he may deem useful and expedient. (20). To 7nake Financial Report to Parliament. — To lay before the Legislature at each sitting thereof, a correct and full account of the disposition and expenditure of all moneys which come into his hands as Chief Superintendent ; and annually, on or Ijefoi-c tlu; thirtic;th of January in each year, to make the report required l)y the Act for the more efficient auditing of public accounts. — Clauses of Section lOG, Consolidated Act, except (8) and (9) above. 3.— Uniformity of Decisions in Division Courts. '•' It being highly desirable that uniformity of decisions should exist in cases within, the cognizance of the division courts ami ti-ied in such courts, in which the school inspectors, trustees, teachers, and others acting under the provisions of this Act are parties, the judge of any division court wherein any such action may be tried, may, at the request of either party, order the entering of judgment to be delayed for a sufficient time to enable such party to ap])ly to the Chief Superintendent of Education to ai)peal the case, and aftin- notice of appeal has been served as hereinafter provided, no further pro- ceedings shall be had in such cases until the matter of appeal has been decided by a superior court." — Ibid, section 1(»8. 4.— Chief Superintenaent may Appeal from such Court to the Superior Courts of Law. " The Chief Superintendent may, within one month after the ren- dering of judgment in any such case, appeal from the decision of the division court judge in either of the superior courts of law at Toronto, by serving notice in writing of such appeal upon the clerk of the division court appealed from, which appeal shall l)e entitled 'The Chief Superintendent of Education for Ontario, appellant, in the matter between (A. B, and C. J).)'."— Ibid, section 109. 5.— Judge to send Papers to Superior Court. "The judge, whose decision is appealed from, shall thereupon cer- tify under his hand, to the su[)erior court appealed to, 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." — Ibid, section 110. 6.— What County Judge must do in Appeal Cases. " Any division court judge receiving an intimation of appeal from his decision, under the authority of the one hundi-ed and eighth and 186 DUTIES OF COUNCIL OF PUBLIC INSTRUCTION. five following sections of the Consolidated School Act, shall thereupon certify, under his hand, to the Chief Superintendent of Education, the statement of claim and other pi'oceedings in the case, together with the evidence and his own judgment thereon, and all objections made thereto."— Section 28 of Act of 1871. 7.— Superior Court to give such Order as Law and Equity Bequire. " The matter shall be set down for argument at the next term of such superior court, and such court shall givt such order or direction to the court below, touching the judgment to be given in the matter, as law anil equity require, and shall also in its discretion award costs against the a[)pellant, which costs shall be cei-tified to and form part of the judgm<;nt of the court below." — Section 111, Consolidated Act. 8.— Proceedings in Division Court thereon- " Upon receipt of sucli oi-der, direction, and certificate, the judge of the division court sliall forthwith proceed in accordance therewith." — Ibid, section 112. 9 —Costs of Appeals. "All costs awarded against an appellant, and all costs incurred by him, shall be paid by the Chief Superintendent, and charged as contingent expenses of his office." — Ibid, section 113, Submit Cases to the Superior Courts. — " It shall be competent for the Chief Superintendent of Education, should he deem it expedient, to submit a case on any question arising under the High or Public School Acts, to any judge of either of the superior courts for his opinion and decision, or, with the consent of such judge, to either of the superior courts for theii- opinion and decision." — Section 23, Act of ISGO. "v.. «*'■' CHAPTER XXIV. DUTIES OF THE COUNCIL OF PUBLIC INSTRUCTION. 1.— Council of Public Instruction to be appointed. *' The Governor may appoint a Council of Public Instruction for Ontario, to consist of not more than nine* persons ^of whom the Chief Superintendent of Education shall be one) to hold office respectively during pleasure, and such council shall, in the exercise of its duties, * Increased for High School purposes by the Heads of Colleges. f ) ,i^ DUTIES OP COUNCIL OP PUBLIC INSTRUCTION. 187 be subject to all lawful orders and directions from time to time issued by the Governor." — Section 114, Consolidated Act. 2.— Chief Superintendent to provide Place and call Meetings. " The Chief Superintendent shall provide a place for the meetings of the Council of Public Instruction, and may call a special meeting at any time by giving due notice to the other members." — Ibid, section 115. 3.— Contingent Expenses of Council provided for. " The expenses attending the proceedings of the said council shall be accounted for by the Chief Superintendent us part of the contingent expenses of the Education Office." — Ibid, section 11(5. 4.— Recording Clerk and his Duties. " The senior clerk in the Education Office shall be recording clerk to the said council — he shall enter all its proceedings in a book kept for that purpose — and shall, as may be directed procure the books and stationery for the Normal and Model Schools, and keep all the accounts of the said council." — Ibid, section 117. 5— Quorum of Three and Casting Vote of Chairman. "At any lawful meeting of the Council of Public Instruction, three membei-s shall form a quorum for the transaction of business, and in case of an equality of votes on any question, the chairman shall have a second or casting vote." — Ibid, section 118. 6.— Duties of the Council. "It shall be the duty of such council, and they are hereby em- powered, — (1). To appoint Chairman, c(-c. — To appoint a chairman, and deter- mine the times of its meetings, and the mode of conducting its pro- ceedings. — Ibid, section 114. (2). Establishment and Efficiency/ of Xormal and Model Schools. — To adopt all needful measures for the j)ermanent establishment and efficiency of the Normal School for Ontario, containing one or more Model School, for the instruction and training of teachers of public schools in the science of education and the art of teachinc—Ziic/. ^ (3). Begulations for Normal and Model Schools. — To make from time to time the rules and regulations necessary for the management and government of such Normal School ; to prescribe the terms and conditions on which students will be received and instructed therein ; to select the location of such school, and erect or procure and furnish the buildings therefor ; to determine the number and compensation of teachers, and of all others who may be employed therein ; and to do all lawful things which such council may deem expedient to promote the objects and interests of such school. — Ibid. 188 DUTIES OP COUNCIL OF PUBLIC INSTRUCTION. (4). To make. Regulations for Public School Teachers and Libraries. — To make such regulations, from time to time, as it deems expedient, for the organization, government, and discipline of public schools, for the classification of schools and teachers, and for school libraries throughout Ontario. — Ibid. (5). Fix Qualijications of Inspectors. — The qualifications of county, city, or town inspectors shall, from time to time, be prescribed by the Council of Public Instruction, which shall determine the time and manner of examination of candidates for certificates of qualification, and grant certificates of qualification ; and no one not holding such certificate of qiudification shall be eligible to be appointed inspector. — Section 7, Act of 1871. (G). Provide for Examination of Public School Teachers. — Each county council untl the board of public school trustees in each city, shall ap})oint a county or city board of examiners, (for the examination and licensing of teachers, in accordance with the regulations i)rovided by law), consisting of the county or city inspector (as the case may be), and two or more other competent persons, whose qualifications shall, from time to time, be i)rescribed by the Council of Public Instruction, ^' his teaching scliool, or of his receiving aid from such fund, nor unless he furnislies satisfactory proof to the Council of Public Instruction, of inability, from age or loss of health in teaching, to pursue that profession any longer. — Section 111), Consolidated Act. CHAPTER XXV. SCHOOL VISITORS AND THEIR DUTIES. 1.— Public School Visitors defined. All clergymen recognized by law, of whatever denomination, all judges, members of the Legislature, magistrates, membfrs of county councils, and aldermen, shall be school visitors in the townships, cities, towns, and villages where they respectively reside : but })ersons holding the commission of ihe peace for the county only, shall not be school visitors within towns and cities; and each clergyman sliall be a scliool visitor only in the township, town, or city where he has pastoral charge. — Section 100, Consolidated Act. 2— Who are Visitors to the Koman Catholic Separate Schools. ^ All judges, members of the Legislature, the heads of the muni- cipal bodies in their respective localities, the Chief Su{)erintendent of Education and the inspectors of public schools and clei-gymen of the Roman Catholic Church, shall be visitors of separate schools. Section 23, Separate School Act of 1SG3. 3.— Authority to visit the Public Schools. Each of the school visitors may visit tlie puldic school in the town ship, city, town, or village ; and may attend the quartei'ly examination of schools, and, at the time of such visit, may examine the jjrogress of the pui)ils, and the state and management of the school, and <'ive such advice to the teacher and puj)ils, and any others ))resent, as he thinks advisable, in accordance with the regulations and instructions provided in regard to school visitors. 4.— General Meeting of School Visitors. A general meeting of the visitors may be held at any time or place appointed by any two visitors, on sufficient notice being given to the other visitors in the township, city, town, or village; and the visitors thus assembled, may devise such means as they deem expedient for ■ * 190 REGULATIONS FOR PUBLIC SCHOOLS. the efficient visitation of the schools, and for promoting the estab- lishment of libraries, and the diffusion of useful knowledge.* — Ibid, section 102. CHAPTER XXVI. GENERAL REGULATIONS FOR PUBLIC SCHOOLS IN ONTARIO. 1.— Authority to prescribe these Forms and Regulations. 1. The Council of Puhlic Instruction for Ontario is required by the fourth clause of the cue hundi-ed and nineteenth section of the Ontario Consolidated Public School Act, " To make such regulations from time to time, as it deems expedient, for the organization, government, and discipline of public schools, for the classitication of schools and teachers, and for school libraries throughout Ontario." The sixth clause of the same section requires the council " to prescribe such regulations, with the approbation of the Governor in Council, as it from time to time deems expedient, for granting pensions to superan- nuated or worn-out teachers of public schools." The School Law of 1871 also requires the council to make certain other regulations in regard to ins[)ectors, teachers, &c. 2. The Chief Superintendent of Education for Ontario is required by the tifth clause of the one hundi'ed and sixth section of the same Act, " To prepare suitable forms, and to give such instnictions as he may jndge necessaiy and proper, for making all reports, and con- ducting all proceedings under this Act." 2.— Duty of all Parties Concerned to Observe these Begulations. 1 . The Public School Trustees in rural sections are required by the seventeenth clause of the twenty-seventh section of the Ontario Con- solidated Public School Act, " To visit, from time to time, each school under their charge, and see that it is conducted according to the authorized regulations." 2. The FuUic School Trustees in cities, towns, and incorporated villages, are requii'ed, by the sixteenth clause of the seventy-ninth * Too strong a recommendation cannot be given to the establishment of circulating libraries in the various townships and school sections. A township library with auxiliaries in each school section, might, by means of a comparatively small sum, supply popular and useful reading 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 diffusion of useful knowledge. See tk« Departmental notices on the subject i REGULATIONS FOR PUBLIC SCHOOLS. 191 he estab- *—Ibid, lOOLS ations. ed by the 3 Ontario ons from erument, lools and 'he sixth ibe such Lcil, as it superan- ! Law of itions in required ;he same lis as he md con- ese 1 by the rio Con- le, each rding to section of the same Act, " To soo tliat all the schools under their charge are conducted according to the authorized regulations." _ 3. Publio School Teachers are required ])y the third clause of the eighty-second section of the same Act, " To maintain proi .r order and discii)]ine in their schools, according to the authorized forms and regulations." The first clause of the same section further re(iuirea teachers " To teach * * * all the branches required to be taught in the school * * * according to the i)rovi8ion8 of this Act. _ 4. Inspectors of Schools are required, Ijy the sbcth cause of the ninety-first section of the same Act, " To see that all the schools are managed and conducted according to law." The eleventh clause of the same section also requires him " To act in accordance with the regulations and instructions provided for his giiidance." The (School Law Imju-ovement Act of 1871 declares that he shall be subiect to ali ilie obligations confei-red or imposed by law according to such instructions as may be given to him, from time to time, by the Chief Superintendent of Education. 5. County and Circuit Boards of Examiners are required by the fourth clause of the ninety-eighth section of the same Act, " To examine and give certificates of qualification to teachers of schools * * * as prescribed in a programme of examination and instructions provided for that purpose." _ 6. Superannuated School Teachers in Ontario are subject to regula- tions in clause six of the one hundred and nineteenth section of the Act, 7. The Roman Catholic Separate School Act declares that, "The Eoman Catholic separate schools shall be subject to such regulations aa may be imposed, from time to time, by the Council of Public Instruction for Ontario. 8. Public and High Schools. — The School Law Improvement Act of 1871 declares, in the thirty-seventh section, that " No public or high school shall be entitled to share in the fund applicable to it, unless it is conducted accordiiig to the regulations provided by law.'' fporated by-ninth libraries in ach school ■eading for ail school See thm 'i^ 192 REGULATIONS FOR PUBLIC SCHOOLS. CHAPTER XXVII. 1.— Beligious and Moral Instruction in the Public Schools. 1. As Christianity is tlie basis of our whole system of elementary education, tliat }»rinci}»le should pervade it throughout. The Consoli- dated Public School Act, section 120, securing individual lights, as ■well as recognizing Christianity, provides that in .'my model or public school e.stablishniout under this Act, "No person shall require any pupil of any such school to read or study in or from any religious book, or to join in any exercise of devotion or religion, objected to by his or her parents or guardians ; but withiii this limitation, pupils shall be allowed to receive such religious instruction as their parents or guardians desii-e, according to any general regulations provided for the government of jtublic schools." 2. In the section of the Act thus quoted, the principle of religious instruction in the schools is recognizei?, the restrictions with wliich it is to be given are stated, and the exclusive right of each parent and guardiiUi on the subject is secured. 3. The public school being a day, and not a boardlnr/ school, rules arising fi-om domestic i-elations and duties are not required, and as the pupils arc under the care of their parents and guardians on Sabbaths, no regulations are called for in respect to their attendance at public worship. 2.— Opening and Closing Exercises of each Day. With a view to secure the Divine blessing, and to impress upon the pvipils the importance of religious duties, and their entire dependence on their Maker, the Council of Public Instruction i-ecommends that the daily exercises of each public school be opened and closed by reading a portion of Scripture, and by prayer. The Lord's Prayer alone, or the Forms of Prayer hereto annexed, may be used, or any other prayer preferred by the trustees and master of each school. But the Lord's Prayer shall form part of the opening exercise, and the Ten Commandments be taught to all the pui)ils, and be repeated at least once a week. But no pupil should be compelled to be present at these exercises against the wish of his parent or guardian, expressed in writing to the master of the school. FORMS OF PRAYER: (before entering VrON THE BBSINESS OF THE DAT.) Let us Fray. O Lord, our Heavenly Father, Almighty and Everlasting God, who hast safely brought us to the beginning of this day, defend \is \'\ REOULATIONS FOR PUBLIC SCHOOLS. 193 m in tlie same by tliy mif,'hty power ; and jcfrant tliat tliia day wo fall into no sin, ncitlier run into any kind of ihuii^t'i-, luit tliat all our doings may Ito ordd'cd hy Tliy ^'ovo'iiancc. Id do always that is righteous in Thy sight, throngh .)t!sus Christ onr litnil. Anwa. () Ahniglity God, the Givor of every good and perft'ct gift, tho Fonntain of all wisdom, onligliton, wo hoseoch Th('(>, onr nndcrstand- ings l)y Thy Holy Spirit, ami grant that, whilst with all diligence and sincerity, Ave iipjily oni-selves to the attainment of human know- ledge, we fail not constantly to strive after that wisdom which niakotU wise nnto salvation ; that so, through Thy mercy we may daily be advanced iioth in leariung ami godliness, to the honour md [iraise of Thy Name, through Jesus Christ our Lord. A mm. Onr Father, which ai't in Heaven, hallowed be Thy name, Thy kinu'dom come. Thy will be done on eai-th, as it is in J leaven : give us this day our daily bread ; and forgive ns our trespasses, as wo forgive them that trespass against us j and lead ns not into temp- tation ; but deliver ns from evil; for Thini; is the kingdom, the power, and the glory, for evei' and ever. Amen. The grace of oui' Lord Jesus Christ, and tin* love of God, and the fellowship of the Holy Ghost, bo with ns all evermore. Amen. (at the close of the business of nn; day.) Let us Pray. Most merciful God, we yitdd Thee onr humble and hearty tlianks for Thy fatherly care and preservation of us this day, and for the progress which Thou hast enabled us to make in useful learning; we pray Thee to imprint ujKin onr minds whatever good instructions we have I'eceivcd, and to Idess them to the advancement of our temnoral and eternal welfare ; and ))ardon, we implore thee, all that Thou l.ast seen amiss in our thoughts, words, and actions. May Thy good Prc- vidence still guide ami kecip us during the approaching interval of rest {Uid relaxation, so that we may be prepai-ed to enter on the duties of the morrow with renewed vigour, both of body and mind ; and preserve us, we beseech Thee, now and forever, both outwardly in onr bodies, and inwardly in oux" souls, for the sake of Jesus Christ, Thy Son, our Lord. Amen. Lighten our darkness, we beseech Thee, O Lord ; and by Thy great mercy, defend us from all perils and dangers of this night, for the love of Thy only Son, our iiaviour, Jesus Christ. Amen. Onr Father, which art in Heaven, hallowed be Thy name. Thy kingdom come. Thy will be done on Earth as it is in Heav^en ; give us this day our daily bread ; and forgive us our trespasses as we forgive them that trespass against us ; and lead ns not into temp- tation ; bnt deliver us from evil ; for Tbine is the kingdom, the power, and the glory, for ever and ever. Amen. 14 lot MISCELLANEOUS PU0VISI0N3 OP THE LAW (omITTED), TIio firuco of oiir FiOrd Jcisua Clirist, and tlio lovo of God, nnd tho followsliip of tlu; Holy (iliost, bo witli us all evoiinoro. Amen. 3.— Weekly Religious Instruction by the Clergy of each Persuasion. In order to correct inisappi'ohension, nnd dofino more dourly tlie ri'dits and duties of ti'ustees and other parties in retcard to reliirious inHtruction in connection with tho public schools, it is decided l)y the Council of Public Instruction that tho cler^'y of any persuasion, or their iuithoriziMl repi-escMitatives, shall have tho right to give religious instruction to the pupils of their own chui-ch, in eacli school-house, at least once a wetik, aft(,'r the hour of Jour o'clock in tlie aftei-noon ; and if the cl(;rgy of more tlian one persuasion iipply to give I'cligioiia instruction in the same school-house, tho trustees shall decide on wliat day of the week the school-house shall be at the dis})osal of tho clergyman of each ])ersuasion, ut tho time above stated. But it shall be lawfid for tlie trustees and clergyman of any denomination to agree xijion any hour of tlie day at which a clergyman, oi- his authorized rej)reseutative, inav give r(>ligious instruction to the pu[)ils of his own cliurcli, provided it be not during tho regular hours of the school. CHAPTER XXVIII. MISCELLANEOUS PROVISIONS OF THE LAW (OMITTED). 1.— The Public School Teacher and his Duties, etc.* 1. To hold Public Quarterly Examinatians. — "To have at the end of each quartei* a ])\iblic examination of his scliool, of which he shall give due notice to the trustees of the school, to any school visitors who reside in or adjacent to such school section, and through the pupils to their [)arents and guardians."t — Clau.se (6), section 82, of the Consolidated Act. * As to the control of the teacher over the school-house, see decision No. 6 of the Court of Queen's Bench, on page 20. t It will be seen by this clause of the Act, in connection with the first part of the eighty-second section, that "it shall ['Shall' here is imperative. Sec note on v-age 133] be the duty of every teacher of a school : (6) To have at the end of each guatier a public examination of his school." Teachers cannot, therefore, lawfully omit this part of their duty. Form of Teacher's Circular Notice of the Quarterly Examination of bis SchooL School House of Section No. — -, , 187-. Sir, — As required by law the quarterly examination of my school will be held on day, the — of , when the pupils of the school will be publicly examined in the several subjects MISCELLANEOUS PROVrSIOVH OP THE LAW (OMITTKp). 195 2. To /ii.r)i!sh Iiifoi'iiKitlini til tin' Clii'f or Lornf Superiiifrinlfint. — "To furnish to tlio chief oi' local sii|H'riiittMi(h'iit of schools when dcsirnil, iUiy iiifoi-iiiatioii whic'i it. may lie in his power to yi^'*', respi'ctiiiH^' aiiythiiiL,' einiiU'cttcl with the Mjieratioiis of his school, or in liny wise atleetiii;^ its interests or cimractcr." — Clause (7), «ectiou 82, of the (Jonsoliy tht; eighty-fourth, ei'^hty-lifili, eighty-sixth and eighty- seventh stjctions of the Consoli ajipealed fi-o)n, as pi'ovided in the om' liundred and eighth and five following .sections, or sub-sections of the said Consoli(hited Pulilic School Act, and the twenty-eighth .section of this Act." — Section 27, Scliool Act of li^71. whicli they h.ive been t.mght diirinj; th.' (jiinrtcr now clusin?. The exercises will comnieiicu at ij o'clock, ;i.m., and you are respectfully rccjuestcd to .Titeiid them. I am, Sir, your obedient servant, A, B., Teacher. To C. D., School Trustee, or Visitor. RiiMARKS.--A copy of the nbove notice ou^ht to be sent to each of the (ru^tees, and to as many visitors of the school as possible, j For lisl of visitors see section one hundred of the Consolidated School Act, pa.t;e iSg.] The teacher should address a circrular notice to tho^e of them who reside within three miles of his school. He is aNo reijuired to aive notice, throui^h his pupils, to their parents and guardians and to the neiKhbourhood, of the examination, t'l i' holidays and vacationi see " Gelier.al Regulations " on page in^. * The Assessment Law does not exempt a school teacher either from the payment of a tax upon his salary (if over $400 per annum), or from the performance of two days of statute labour, if his salary be under $400. 190 DECISIONS OF TTTR SUPERIOR COURTS. 5. Pi'orinJoii for Securiii;/ a, 7Vfrc/irrs /I'lxli/oirr. — "T]\r.;// A> SihiMl TnistiYS —/Vr.uviaf liithility — Clujiv^c of school sitf. — Two of the lnistijt.s iif ;i school section, wishiiit,' to ch;iii^'o the school j-ite, c.illoil a mcctiiii; of the fieel)'>lilri'^ rind IidiisehoMers, who rcjecteil the ]ii'i)j)o>a!. The two truitees thereupiiii chi)-,e ;iii arliilriUor, assuniiii',' to wX under sec. ^oCorisol. St.it. I'. C ch. ()4, Imt none w.is chosen l>y the freeholder-, and lioiueliMlders, and under the advice of the Deputy Superintendent, the trustee-, called aiKjthei nieetiii),', at which amotion to appoint such arbitrator was rejectcil. The trustees' ar'-itrator and the local superintendent tliereupon made an award chaniMn;; thi' -.ite. A sjiecial m.'etiii^' was then called to consider how the money -hould he raiseil to carry r)ul llij clian,i;e, at which the conduct of the Iru^tcs and tiie chan.L,'i' was >tron,L;ly disapi)roved of. 'l"lu: two tru-itee-, thereupon petitioned the township council, satin,:,' that the tepayers were djsirous of purchasini,' a now site, and askint; for a loan of $403, " for which the trustees will himl tlumselves to pay the interest annually, an I the i)rincipal when due." This was t,'rantc(l, anil secured l»y two iaslrinuents as follows : — "We, the undersi|;ned, Tru.--tees of School Section No. 11, do horeliy promise to pay the Treasurer of the Corporation of Toronto Township, or," iJic. (Signed) .M. ) !•• \ with the corporate seal affixed. The money was cxjicnded for the purpose men- tioned. 'The township corporation havint; sued the trustees individually on these hotes, and on the common counts : //<■//// of admission to schools— Mandannis. — In answer to an apiilication for a mandamus to the school trustees of a town to admit the applicant's son, a coloured boy, to the public school in his ward, it ^\■as sworn that since 1846, a school had been s ^ apart for the coloured inhabitants, and that the school to \\hich admission was desired was overcrowded, and had no room for any additional children. There was, however, no separate school legally establisliol f(H' coloured ]ieo;)le, the Act authorizing such schools having been passed after the setting ajiart of the schocl above mentioneil : Held, that on the ground only of want of accommodation the writ must be refuscil ; but as admission had been refused on account of the boy's colour, the trustees were ordered to pay the costs of the apjilicaiion. — In re IlntcJiinson and the Board of School Trustees of St. Catharines, 31 Q. B. R. 274. (7). Coloured peof^le — Separate schools. — I/eld, that ii]ion the facts apparent on the athdavits i?i this case, cither no separate schoe)l extending t(} the ajijilicant had been establi>hed for colouri'd persons within the statute, or it had been discon- tinued, and that he was therefore entitled to a mandamus to the trustees to admit his daughter to the common school. The erection of a se[Kirate sciiool suspends but does not annul the rights of those for whom it was established 'tS regards the common schools. When it is no longer kept up these rights revive. — /// re George SttTcart and the Trustees of School .Section No. S of the Toionshif of Sandn'ie/i Easty in the County of Essex, 23 Q. B. R. 634. CHAPTER TEXT BOOKS FOR THE PUBLIC SCHOOLS. Ndtk. — In the following list, some books are prescribed, and others are recom- mended. The use of the books recoutiitended is discreti.Miary with the respective public schojl boards. 1.— English. Text Boiks Prescrihed. — The Can;ulian Xational Scries of Eeading Books (anthoi-izoMl edition). Tlic Spellim^ Book, a Companion to the Beadi r.s (authorized edition). Miller's Analytical and Pi-aetical English Graniniiir (authorized edition). An English Grammar for Junior Class ; l)y the Rev. H. "W. Davies, D.D. ; (authorized edition). A History of I<]nglish Literature, in a series of Biographical Sketohc.* ; by William Francis Collier, LL.D. TEXT BOOKS FOR THE PUBLIC SCHOOLS. 199 i l^ 2.— Arithmetic and Mathematics. Text Boohs prescribed. — Advanced Arithmetic for Canadian Scliools by Eev. liarnanl Smith, M.A., and Archi})ahl McMnrchv, M.A. (cauthorized edition). Klementary Arithmetic for Canadian' Scliools by Eev. Barnard Sn^ith, M.A./and Archibald M(?Arurchy, M.A. , (authorized edition). Elements of Ali^'ebra ; Todhunter's^or 8ang- ster's. Euclid's Elements of Geometry ; Pott'.s or Todhuntcr's. 3.— Geography and History. Text Booh Prescnhed.—IjovelVii (general (Jeo,a;raphy ; by J. George Hodgins, LL.l)., Bairister-at-law ; (authorized cciition). Easy Lessons in General C^eography ; l)y J. George llodgius, LL.D., 15arristor-at- law ; (authorized etlition). A School Histoiy of the British Empire ; by William Francis Collier, LL.D. A liistory of Canada and of the other British Provinces of North America ; by J. Ge'ng(> Jlod^ins, LL.D., Barrister-at-law. Outlines of General History: by William Francis Collier, LL.D. Text Books Recommended. — The Great Events of History • by William Francis Collier, LL.D. 4.— Physical Science- Te.vt Books Prescribed. — (See note above.) Rudimentary Mechanics ; by Charles Tondinson j portions relative to the mechanical ])()wers. The Animal Kingdom ; by Ellis A. Davitlson. How Plants Grow : a Simple Introduction to J3otany, with Pojjular Flora; by Asa Gray, M.D. 5.— Miscellaneous. Text Books Prescribed. — First Lessons in Agriculture : by Rev. Dr. Ryerson. Cur Bodies*; by Ellis A. Davidson (l*L' cts.)." Easy Lessons on Reasoning; by Archbishop Whattdy. The Dominion Accountant; by W. R. Orr; (authorized edition). Text Books Recommended. — (See note above.) First Lessons in Christian M(U-;ils ; by Rev. Egoi-ton Ryerson, D.D., LL.D. A Com- prehensive Syst,em of Book-kee)»ing, hy single .iml doulde entry; by Thomas R. Johnson. Field Exercise and involutions of Infantry ; published by authority ; (pocket edition for Sc^uad and Company Drill). The Modern "Gymnast; by Charles Spencer. A ;Mauual of "Vocal Music ; liy -lohn Hidlah. Tlireo Part Songs ; by H. F. Sei'ton; (authorizedetlition). National Mensuration. Scri[»ture Lessons — Old and New Testaments (National). Lessons on th(> Truth of Chris- * The following little works are also highly recommended (1871) for pcrus.al, both by te.ichers and pupils, viz: "The Him-,e I live in;" by T, C. Girlin, Surgeon. (L'J»gmansl ; and "Our Eiirthly House and Us HuiUkT," (Relij^ious Tr.ict S.)cietv.) Cutter's " Tirst Hook on .Anatomy, Physiology .ind Hygiene, forOamm.ir Schools and Kamilies," is the presLribed bouk for high tchools, and may be used iu the public schools if desiretl. :^* I f 200 TEXT BOOKS FOR THE PUBLIC SCHOOLS. tianity (National). Right Lines in tlieir Riglit Places ; by Ellis A. Davidson. Teacher's Guide, and Bartholomew's Primary .School Drawing Cards ; by Miss J. H. Stickney. The Drawing Book for the Dominion of Canada, in progressive studies, seven numbers, William Hemes' Drawing Insti'uctor for advanced students. Writing copy books, used in the Normal and Model Schools of Ontario, in six pai-ts. 6.— French and German Schools. The following l>ooks, approved by the whole Committee of the Council of Public Instruction for Qu. 'ec, are also sanctioned for use by French pupils in jtublic schools of this Province, in which there are both Protestant and E.oman Catholic pupils : — Cours d'Arithme- tiquo Commerciale (Senecal, Montreal). Abroge de la Geographie Modei-ne (Socicte d' Education de Quebec). La Geographie Moderne, de M. Holmes, M.A. Granmiaire pratique de la langue Anglaise ; par P. Saddler, Paris. Traite Elonentaire d'Arithmetique ; par P. X. Toussaiut. Le Premier Livre de TEufance, (de Poitevin), Cours de Versions Anglaises ; par P. Saddler, Paris. Grammaire Pranyaise Elementaire ; par F. P. B. For German Schools, Klotz's German Grammar is sanctioned. 7— Books "Prescribed" and those "Recommended." It will be seen by the foregoing lists, that some books are "prescribed" for use in the public schools, while others are only "recommended." The use of the books "recommended" is entirely discretionary with the respective public school corporations. Among this latter class are the " First Lessons on Christian Morals," and some other books. (See list.) 8.— "Authorized Editions" of Books, the Property of the Council. The copyright of all the books in the foregoing list, marked "Authorized edition," is vested in .'.le Council of Public Instruction, (in the name of the Chief Superintendent). These books may be reprinted by any publisher upon complying with the regulations of the Council on the subject. the and the ( » /" — »-,-v PROTESTANT AND COLOURED SEPARATE SCHOOL ACT. 201 CHAPTER XXXI. PROTESTANT AND COLOURED SCHOOL ACT. SEPARATE Consolidated Statutes of Ontario, 22 Vic. chap. 65. Her Majesty, by and with tlie advice and consent of the Legislative Council and Assembly of Canada,enacts as follows : Conditions on which Separate Schools for Protestants or Coloured fcoplc v:ay be established — Limits. I. Upon the application in writing of twelve oi more heads of families lesident in any township, city, town, or incorporated vilia-e, beini; I'roteslants the Municipal Council of the r,aid township, or the board of school tni-.tees of any such city, town, or incorporated village, shall authorize the establi^>hnient therein of one or more separate schools for Protestants ; and upon the application \\\ writing of twelve or more heads of families resident in any town-inp, city, town, or incorporated village, being coloured people, the council of such township, or the board of school trustees of any such city, town, or incorporated village, shall authorize the establisliment therein of one uk more separate schools for coloured people, and in every such case^ such council or Ijoard, ns the case may be, slrall prescribe the limits of the section or sections of such schools. The following proviso shall be added to section one of chapter sixly-live of the Consolidated Statutes of Upper Canada, and be t.aken and read as part thereof: " Provided always that no person shall be deemed a supporter of any sep.arate school for coloured people unless he resides within tb.ree miles, in a direct hnc, of the site of the school house for such separate school ; and any coloured child residing further than three miles, in a direct line from the said schoo house, shall be allowed to attend the common school of the section withm tlie hmits ot which the said child shall reside. Three Trustees— Election same as in Common School. 2 There shall be throe trustees for each scjiarate school, and the first meeting for the election of such trustees, shall be lield and conducted in the manner, and according to the rules provided in th.e sixth to the elcvenih sections ot tlie Ac respecting common schools for holding the first school meeting in a new school section. Commencement of Separate School and Regulations. 3. Each such separate school shall go into operation at the same time as is provided in the case of altered school sections of common schools, and shall, with respect to- the persons for whom any school has been established, be under tUe same regulations as common schools generally. Separate School voters defined. 4 None but coloured people shall vote at the electiou of trustees of any separate school established for coloured people, an.l none but the parties Petitioning for the establishment of, or sending children to a separate Protestant school, shall vote at the election of trustees of such school. ^ 202 PnOTESTANT AND COLOURED SEPARATE SCHOOL ACT. Union of Wards in Cities and Toivns. 5. In any city or town, the ]iersons who make application, according to the provisions of tlie first section of this Act, may have a sejiarate school in each ward, or in two or more wards united, as the said persons may judge expedient. Special Conditions. 6. No Protestant separate school shall be allowed in any school section, except where the teacher of the common school in such section is a Roman Catholic. Exemption from Common School Rates. 7. In all cities, towns, incorporated villages, and township common school sections in wiiich such separate schools exist, each I'rotestant or coloured person (as the case may be) sentling children to any such school, or supporting the same by subscribing thereto annually an amount equal to the sum at which such person, if such separate school diil not exist, must have been rated in order to the obtaining the annual Legislative Common .School (jrant, shall be exemjit from the payment of all rales ini]iosed lor the support of common schools ofsucii town, incorporated village, ane), in the Township, City, or Town (as the ease may be), of- .—- ," and shall have the same power to imjiose, levy, and collect school rates or suliscriptions, ujinn and from persons sending children to or subscribing towards the support of the separate school, as the trustees of a common school section have to im[iose, levy and collect school rates and sul)scriptions from persons having projierty in the section, or semling children to or subscribing towards the support of the common school of such section. CHAPTER XXXII. f ROMAN CATHOLIC SEPARATE SCHOOL ACT. 26 Vic. chap. 5— Assented to 5tli May, 1863. Whereas it is just and proper to restore to Roman Catholics in Upper Canada certain rights which they formerly enjoyed in respect to separate schools, and to bring the""'provisions of the law respecting separate _ schools more in harmony with the provisions of the law respecting common schools : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : ' Roman Catholie Separate Sehool Aet of 1855 repealed. I Sections ei'diteen to thirtv-six, both inclusive, of chapter sixtyfiive of the Consolidated StaUUes for Upper Canada, intituled, "An Aet respecting separate schools," are herel)y repealed, and the following shall be substituted mueu thereot, and be deemed to form part of the same Act. "T^* ■^ 204 noMAN CATHOLIC SEPARATE SCHOOL ACT. Five Roman Catholic heads of fainilics may call a meeting. 2. Any number of persons, not less than five, being heads of families, and freeiioKljrs or househokiers, resident within any scliool section of any tcjwnship, incorporated village, or town, or within any ward of any city or town, antl being Roman Catholics, may convene a public meeting of persons desiring to establish a separate school for Roman Catholics, in such school iectioii or ward, for the election of trustees for the management of the same. Af.ijority present at School Meeting to elect three Trustees. 3. A majority of the persons present, being freeholders or householders, and being Ivoman Catiiolies, and not candidates for election as trustees, may, at any such meeting, elect three persons rt.'sident within such section, or an atijoining sec- lion, to act as trustees for the management of such separate school, and any person, being a British subject, not less than twenty-one years of age, may be elected as a irusloe, whether he be a freeholder or a householiler, or not. Kolice of Eitahlislimcnt of Roman Catholic Separate School. 4. Notice in writing that such meeting has been held, and of such election of trustees, shall be given by the parties present at such meeting to the reeve or head of the municipality, or to the chairman of the board of common school trustees, in. the township, incorporateil \illnge, town, or city in which such school is about to be established, designating by their names, profession, and residence, the persons elected iir the manner aforesaid, as trust(;es for the Uianagement thereof : and on every such notice it shall be the duty of the officer receiving the same to endorse thereon the dale of the receipt thereof, and to deliver a copy of the same so, endorsed and duly certified by him to such trustee, and from the day of the delivery and recei|)t of every such notice, or in the event of the neglect or refusal of such ofiicer to deliver a cop}- so endorsed and certified, then fnjm the day of tho lelivery of such notice, the trustees 'herein named shall be a body corporate, under the name of "The trustees of tl... Roman Catholic separate school for the section num!)er , in the township of , or for the ward of , in the city or town (as the case may be), or for the village of , in the county of- — . " [The Provincial Statutes General Interpretation Consoli^lated Act, 22 Vict, c, 5, fuiiiier adds in regard to corporations : 6. * * *• " T'i^'ciilyfourthly, Words making any association or number of persons a corporation, with ])owcr to sue and be sued, ct)ntract and be contracted with, by their corporate name, to have a common seal, antl to alter or change the same at their pleasure, and to have perpetual succession, and power to acquire and hold personal property or movables for the purpose for which the corjioration is constituted, and to alienate the same at pleasure ; and shall also vest in any majority of the members of the corporation, the power to bind the o.hers by their acts, and shall exempt the individual members of the cori)oration from personal liability for its debts or obligations, or acts, pro- vided they do not contravene the pnnisions of the Act incorporating them ; but no corporation shall carry on the business of banking (/. e., taking or issuing promissory notes, &c. ), unless when such power is expressly conferred on them by the Act creating such corporation. "] Board of Roman Catholic Separate School Trustees in Cities and Toivns, 5. The trustees of separate schools heretofore elected, or hereafter to be elected, according to thi; provisions of this Act, in the several wards of any city or town, shall form a body corporate, under the title of "The Board of Trustees of the Roman Catholic separate schools for the city (or town) of ." Union of Roman Catholic Separate Schools in one or more School Sections. 6. It shall be lawful for the majority of the ratepaying supporters of the separate school, in each separate school section, whether the sections be in the same or V ROMAN CATHOLIC SEPAUATE SCHOOL ACT. 205 m adjoining municipalities, at a pulilic meeting duly called by the separate school trustees of each such section, to form such sections into a separate school union .section, of which union of sections the trustees shall give notice witliin lifteen clays to the clerk or clerks of the municipaliiy or municipalities, ami to the chief super- inteadcut of education ; and each such separate school union section tlins formed, shall be deemed one school section for all Roman Catholic seiiarate si.?.ool \n\T- poses, and shall every year thereafter be represented by three trustees, to be elected as in common school sections. U/iion Roman Catholic SoparaU- School 6\vlion — Corporalw)t formed. (2). And the said trustees shall form a body corporate, under the title of "The Board of trustees of the Rcmian Catholic united separate schools for the united sections Nos. (as the case may be), in the (as the ease may be)."' Fo'vcrs of Roman Catholic Separate School Trustees. 7. The trustees of separate schools forming a botly coqiorate under this Act, shall ha\ e the same power to impose, levy, and collect school rates or sub-^crijitions, upon and from persons sending children to, or subscribing towards the support of such schools, and shall have all the i^owers in respect of separate schools, that the trustees of common schools have and possess under the provisions of the Act relating to common schools. R. C. Separate School Trustees may copy Assessment Roll of Municipality. 8. The clerk or other officer of a municipality, within or adjoining which x separate school is established, having pos.-ie.>sion of the assessor's or collector's roll of the said municipality, shall allow any one of the said trustees, or their authorized collector, to make a copy of such roll in so far as it relates to the persons supporting the separate school under their charge. Declaration of Office by Roman Catholic Separate School Trustees. 9. The trustees of separate schools shall take and subscribe the following declaration before any justice of the peace, reeve, or chairman of the board of coiiimon schools :— " I, , will truly and faithfully, to the best of my judgment and ability, discharge the duties of the office of school trustee to which I have been elected ;" and they shall perform the same duties, and be subject to the same penalties, as trustees of common schools ; and teachers of separate schools shall be liable to the same obligations and penalties as teachers of common schools. Term of Office of Roman Catholic Separate School Trustees. 10, The trustees of separate schools shall remain respectively in office for the same periods of time that the trastees for common schools do, and as is provided by the thirteenth section and its sub-section of the Common School Act of the Consolidated Statutes for Upper Canada ; but no tnistee shall be re-elected with- out his consent, unless after the exjiiration of four years from the time he went out of office: Provided always, that whenever in any city or town divided into wards, a united board now exists, or shall be hereafter established, there shall be for every ward two trustees, each of whom, after the first election of trustees, shall continue in office two years, and until his successor has been elected, and one of such trustees shall retire on the second Wednesday in January, yearly in rotation ; and provided aL-o, that at the first meeting of the trustees after the election on the second Wednesday in January next, it shall be determined by loi which of the said trustees, in each ward, shall retire from office at the time appointed for the then next annual election, and the other shall continue in office for one year longer. 206 ROMAN CATHOLIC SEPARATE SCHOOL ACT. Period of Office— Time and Mode of R. C. Separate School Trustees Election. 11. Aflcr tlic cslablishmcnt of any separate scliool, the trustees thereof shall hold office for tiie same per'ujd, and he elected at the same time in each year that the trustees of common schools are, and all the provisions of the Common School Act reiatinL; to the mode and time of election, ajipointments and duties of cliairman .ind secretary at the annual meetinj^^s, term of oflice, and manner of filling up vacancies, shall lie deemed and held to ai>p!y to this Act. Roman Catholic Children admitted from other School Sections, 12. The trustees of separate schools may allow children from other school sections, \\hose parents or lawful t^uardians are Roman Catholics, to he received into any seiiaratj school under their maiiaL;eineiit, at the rcpiest of such jiarents or guardians ; and no children attendiiif,' such school shall he included in the return hereafter to he made to the Chief .Superintendent of Education, unless they are Roman Catholics. Roman Catholic Separate School Teachers^ Certificate of Qualification. 13. The teachers of separate schools under this Act shall he suhject to the same examinations, and receive their certificates of ([ualification in the s;ime manner as common school teachers generally ; provided, that persons (jualified liy law as teachers, cither in Up[)er or Lower Canada, shall he considered qualitied teachers for the purposes of this Act. Supporters of R. C. Separate Schools Exempt from Common School Rates. 14. Every person paying rates, whether as ])roprietor or tenant, who, hy himself or his agent, on or hefore the first day of March in any year, gives, or who, on or before the first day of March, of the present year, has given to the clerk of the municiixality notice in writing that he is a Roman Catholic, and a supporter of a separate school situated in the said municipality, or in a municijiality contiguous thereto, shall he exempt from the payment of all rales imposed for the support of common schools, and of common school lihraries, or for the purchase of land, or erection of hulklings for common school purposes, within the city, town, incor- porated village, or section in which he resides, for the current year, and every subsequent year thereafter, while he continues a supporter of a separate school. And such notice shall not he recjuired to he renewed annually; and it shall be the duty of the trustees of every separate school to transmit to the clerk of the munici- pality, or clerks of the municipalities (as the case may he), on or hef(jre the first day of June in each year, a correct list of the names and residences of all persons supporting the separate schools under their management ; and every ratepayer whose name shall not appear on such list shall be rated for the support of common schools. Certificate of Notice to Municipal Clerk to be given by him. 15. Every clerk of a municipality, upon receiving any such notice, shall deliver a certificate to the person giving such notice, to the effect that the same has been given, and showing the date of such notice. Penalty for fraudulent notice. 16. Any person who fraudulently gives any such notice, or wilfully makes any false statement therein, shall not thereby secure any exemption from rates, and shall 1)6 liable to a penalty of forty dollars, recoverable with costs, before any justice of the peace at the suit of the municipality interested. Exemption as to Common School rates already imposed. 17. Nothing in the last three preceding sections contained shall exempt any person from paying any rale for the support of common schools or common school -^ roma:^" catholic separate school act. 207 libraries, or for tlie erection of a school-house or school-houses, imposed before the establi:,!iinonl of such separate school. PtTsoits iiiiiy liHthdriiw their support from Konmn Cat/iolic Stptvut,- Sc/iools, 18. Any Ronum Catholic, who may desire to witlitliaw his su])]M)rt from a separate school, shall i,'ive notice in writini,^ to the clerk of the nuuiicipallly, before the second Wednesday in January in any year, otlicrwi.--. he shall be deemed a supporter of such school : Provided always, that any such person who shall have withdrawn his sujiport from any Roman Catholic separate school, shall not be exempt from payin^j; any rale for the sup|iort (jf separate scIkjoIs or separat(; school libraries, or for the erection of a separate school-hou'^c, imposed before the time of his withdrawing such support from the separate school. Supporters of a Roman Catholic Stparatc School defined. 19. No person shall be deemed a supjiorter of any separate school unless he resides within three miles (in a direct line) of the site of the school-house. Coudilion of sharing in Legislative School and other Grants. 20. Every separate school shall be entitled to a share in the fund anmially granted by the Legislature of this I'rovince for the support of common scIkioIs, and shall be entitled also to a share in all other public grants, iiivcslmenis, and allotments for common school purjioses now made or hereafter to be made by the Province or the municipal authorities, according to the average number of juipils attending such school during the twelve next ];receding months, or during the number of months which may have elapsed from the establishment (jf a new sepaiate school, as compared with the whole average number of pui)ils attending school in the same city, town, village, or township. Roman Catholic Separate Schools not to share in l\Tiinicipal Assessment. 21. Nothing herein contained shall entitle any such separate school within any city, town, incorporated village, or township, to any part or portion of school moneys arising or accruing from local assessment for common scliool pur])oses within the city, town, village, or township, or the county or union of counties within which the city, town, village or township is situate. Half Yearly Retnrn to be sent to Chief Superintendent. 22. The trustees of each separate school shall, on or before the tliirtieth day of June, and die thtrty-first day of December of every year, transmit lo the Chief Superintendent of Education for Upper Canada, a correct return of the names of the children attending such school, together with the average attendance during the next six preceeding months, or during the nundier of months which have elapsed since the establishment thereof, and the number of months it has been so kept openj; and the Chief Superintendent shall thereujKin detcrnune the proportion which the trustees of such separate school are entitled to receive out of the Legis- lative Grant, and shall pay over the amount thereof lo such trustees. Who are Visitors of Roman Catholic Separate Schools. 23. All judges, members of the Legislature, the heads of the municipal bodies in their respective localities, the Chief Superintendent and local sup.'rintendent of common schools, and clergymen of the Roman Catholic Church, shall be visitors of separate schools, Election of Roman Catholic Separate School Trustees void in certain cases. 24. The election of' trustees for any separate school shall become void, unless a separate school be established under their management within three months from the election of such trustees. i "tv 208 ROMAN CATHOLIC SErARATE SCHOOL ACT. Supporters of R, C, Separate Schools noi to vote at Common School Elections. 25. No person subscriliin^' towards the support of a separnte school established as herein provided, or senilin;^' children tliercto, shall be allowed to vote at the election of any trustee fur a eonnnon school in the city, town, villaye, or township in which such separate school is situate. Official Inspection of Roman Catholic Separate Schools, 26. The Roman Catholic Separate Schools (with their registers) shall be subject to such inspection as may be directed from time t<> time by the Chief Superintendent of lulucation, and shall be subject also [o sucli regulations as may be imposed from time to time by the Council of I'ublic Instruction for Upper Canada. Disaj^reemcnt beticeen Roman Catholic Trustees and Officials, 27. In the event of any disagreement between trustees of Roman Catholic separate schools and Icjcal superintendents of common schools, or other municipal authorities, the case in dispute shall be referred to the equitable arbitration of the Chief Suiierintendent of K lucation in Ontario, sul)ject, nevertheless, to appeal to the (Governor in Council, whose award shall be final in all eases. lllien this Act takes effect. 28. This Act shall come into force, and take effect from and after the thirty-first day of 1 )ecember next ; but all contracts and engagements made and rates imposed, and all corporations formed under the separate school law hereby repealed, shall remain in force as if made under the authority of this Act. ANALYTICAL INDEX TO LECTUKES ON THE ONTARIO PUBLIC SCHOOL ACTS. TOGETHEB WITH THE DECISIONS OF THE SUPEPJOIl COURTS, AND the: FORMS AND REGULATIONS. PAOB. ABSENCE of trustee for six months vacatesoffice 10 of t('iK'.li(.'r 61 ofpiipils e"/ from ('xamiiiation 67 ABSENTEKS (Sec Nox-Rksidents.) ACCOM MOD AT I Ox\, adequate school, defined 18, 133 ICO ACCOUNT, penalty for trustees refusal to 13 ACCOU.NTAIJILITY for school moneys 83, 168 ACCOUNTS, School, to be sent to Chief Superintendent 84, 124 ACT, Scliool, Ciiief Superintendent to prepare and distribute 99 ACTION, Notice of, trustees entitled to 15, 123 ADJO\:RNMi:.NT, (Sec School Meeting.) AGE at 'vliich [)upils can attend school 40 AGENT {Sre ArroiiSEV.) AGREE mi; NT- form of, between trustees and teacher 66 must he in writing and under seal 55 - 8';;iiature of local sujieriutendent a mere approval of the 62 may be terminated before expiration of period 89 AGRlCll LTUlll';, teachers' special certificates in 73 examinitioij in 73, 76 AIR, cubic feet for each child , 18, 160 ALIKN Tii ACIIERS 180 ALLEGIANCE, oath of, by alien teacher 180 15 210 ANALYTICAL INTEX. ALTERATfON {See Townaiiip Couxoir, and BouNDAniKS.) of school HC'ction limits, decision ol tlio court in regard to 98 bylaw for, bud if boiinduries not certainly defined 00, 97 of boundarios no ground for refuaiil to pay taxes 20 appeal against may btM 42,85, 91 of bounduricfl, when sho oe mndo 91 may be effected after due notice 89, 90, 96, 96 docs not constllute a new one 98 by dividing, nialtes only one new school section 98 municipal council may take initiatory in school section 96 when to talie effect 90, 96 by county council illegal 9* of union sections, liow made 92, 99 by uniting, makes new section 98 ALTEUEI) school section, trustees of. 10 AMENDMENTS to motions at school meetings 46 ANNUAL Financial Account (See School Accounts, School Trustees, Ac.) Rei'okt of trustees and auditors to bo read at annual meeting 38, 46 by trustees to inspector 22, 06, lYl in cities, towns, &c., to bo published in newspapers 141 by boards of school trustees to Cliief SuperinI indent 141 to be made to Parliament ^v Chief Superintendent 186 by inspector to Chief iSw itendcnt 158 by Chief Superintenden overuor 102 APPARATUS (Sec Text Boo,. o Libraries.) trustees to do what they think expedient in regard to 18, 20, 132 township council to raise money for purchase of 106 board of school trustees in cities, towns, Ac, to provide 132 APPEALS to Chief Superintendent by any aggrieved party 4V, 146, 148 by Chief Superintendent to Superior Courts to inspector from school section auditor 14t to inspectors in school election complaints 145 to county council ugainst township by-law 42, 86 APPORTIONMENT, {See Souool Fund and Cuief Superintendent.) APPRENTICES are residents (See Non-residents and Boarders.) ARBITRATION {See Award.) between trustees and owner of bchool site .lY, 51, 128 between trustees and people in regaru to site 49, 127 may be superseded before award be made 51, 52, 130 proceedings of first, on school site, cannot be aet aside 53 county inspector to receive a /;cr diem allowance for 49, 50 adjournment of , 49 summary of general rules in regord to 50, 129 ARBITRATORS must meet to decide about school site, renoedy 49 remedy. in case parties refuse to appoint 49, 128 remedy in case of the refusal to act 49 who may be 50, 129 county inspector to be one of the 49, 127 power of the 49, 50, 129 must hear evidence 50, i2i> cannot delegate their power 180 general rules in regard to 50, 129 award of, not invalidated for want of form 50, ISO expenses of, who shall pay. • {See Award.) 60, 180 ANALYTICAL INDRX. 211 ARCrilTECTURE, school, Chief Superlntendont to recommend 101 ARREARS— of ficliool taxes, how coUocted 31 of non-rcsidi'iit tax, how collected 36 ruturn of, to he furniHliod to county trenBurcr by township clork .... 88 ASSESSED freeholders and householders (See page 169.) ASSESSMENT, conHolidated act, quoted 28 roll, tru8tee«i to have access to 26, 3t ASSESSMENTS omitted, and mistakes 80 fraudulent 80 inequality in 27, 89 ASSESSOR township, punishment of, for fraudulent assessment 30 to value lands 28 his roll to bo followed 25, 27, 88 omission in, roll 27 to assess school sections separately 26, 88 ASSISTANT in schools 41, 58 ATTENDANCE— trustees to report to inspector 21 insp.ctor to verify 6ft puoils punctual 67 teacher to iieep register of 60 inspector to apportion according to average 68 compulsory 64, 139 AUCTION, collector shall give written notice and sell by 29 39 39 AUDIT, trustees to present yearly accounts for 37, Bumniarv of the law in regard to School Section AUDITORS' School Section report of accounts to be submitted to annual meeting 38, 46 annual appointment of by trustees and annual meeting 87 trustees to submit school accounts and yive information to 38 either of the, to call meeting for examining accounts 37 remedy if trustees neglect to appoint one 37 penalties on trustees refusing information to 38, 1(59 may take evidence on oath and enforce decisions 38 to remain in office until audit is completed 38 inspector to decide differences between 39, 147 county council to appoint 81 report to be sent by county clerk to Chief Superintendent 84 to furnish trustees' orders to county 167 AUGUST, meeting of township council and school rates in 83 vacation in 6!* AUTHORITY of inspector in schools 63, 168 AVERAGE ATTENDANCE, the basis of distributing the school fund. .66, 161 A VO W RY defined 68 AWARD {See Arditration and Arbitrators.) of arbitrators in regard to site to be registered 17, 127 cannot be set aside 48, 58 making and publishing an ,50, 128, 129 time and mode of making aa 60, 1 29 when it is bad 130 before being made may be superseded by consent ISO mmmmm ANALYTICAL INDEX. BANKING, acts of by trustees, forbidden 12, 15, 122 BOARD and lodging of teachers 55 BOARDS of trustees in cities, towns, Ac, (See Cities, Towns, ito.) " townships 101 BOARDERS (Sec Apprentices and ^^o^'-RESIDKNTs.) are nut residents ; tliey muyt make special arrangements > . . . . 34 BOOKS {See Apparatus, TextIJuoks and Librariks.) fees in cities and towns fur . . 68, 140 pupils must be supplied with 68, 140 list of autliorized text 198 I'oreiijn, in Eni^lisli brandies })ro1ubited . . 165 Chief .Superintendent to submit library and text to Council of Public Instruction 184 for library, and text, to be recommended by Council Public Instruct'n. BORROW money, when trustees may 88 BOUND ARIFS of school sections must be certainly defined 90 of n unici[)alities divide lots 27 of union sections 89, 93, 9^ township sciiool map, evidence of 97 uncertain, for coloured pe()[)lu 97 alteration in by township ccuncil 89 90 Aviien altoralioii in, take eflcct 90 trustee jilacecl outside by alteration in 10 school, of newly incorporated viilagea 93 BUILDING {See School House.) BY-LAW for the rdteration of school sections, when to be quashed 99 100 may be appealed against , 42, 85 or resolution, whidi ? 89, 90 trustees not responsible for acting under illegal 15, 87 parties acting under illegal, protected , . 87 CALLING school meetings 42, 47 CASTING VOTE {See Vote.) Instruction 184 CERTIFICATKS, different dasses of teachers' .70, 180 conditions of granting 179 temporary, may bo granted by inspectors 65, 149, 162 to be granted by county boards of examiners 70, 175 candidates rejected by county boards cannot receive, from inspector. 150 may be annulled by county board of examiners 175 provincial and local, may be suspended by inspectors. . .6C, 150, 162, 171 qu.ililications for 70, 119 moral character of candidates for 70, 179, 180 CHAIRMAN and secretary to be appointed at school meeting 43 duties of 43 penalty on, for not sending copy of proceedings to inspector 43, 170 trustees' declaration of ofhce to be made before 10, 43 in cities, towns, Ac, to be elected at annual meeting 123 of Council of Public Instruction to be appointed 187 {See School Meeting, Skckkt.auy.) CHAMBERLAIN (Sec Treasurer and School Accounts.) CU ATEL PROPERTY alone liable to seizure 29, 86 CHEQUES to teachers payable to thenisdvos 65, 171 to teachers to be countersigned by inspector » 16ft ANALYTICAL INDEX. 213 \^ CHIEF SUPERINTENDENT to decide questions of appeil 148 to 1)0 niitified of all school procediii^'s by coiir»ty clerk 85 auditors' school accounts to he tniusiiiitted by couuty clerk to 84 in cities, towns, ifec, boards of trustees to make annual report to. . . . 141 to be furnished with information by teacher 61 inspectors to make annual i'cport to 158 relation of inspectors to 149 to be appointed by Governor 182 a domestic I'orum to decide school comphiints 148 to protect school moneys, and decide comphiints relating thereto. . . . 148 to apl^ly balances of school fund 1 48 decide common and separate seliool disputes 149 regulations in rej^ard to appeals to 148 "•eneral duties and authority of 182 CHEQUE must be made payable to the teacher or to liia order 65, 83 can oidy be i^iven to a qualified teacher 65, 83, 152, 171 CHRISTXI AS, vacation at 69 alteration in school sections take elTect at 90 CITIES, TOWNS AND VILLAGES (See Elkctioxs, Ac.) school boundaries of incorporated villages 93, 94 boards of school trustees in, duties of 121 to appoint inspector 124, 142 to establish libraries in 140 legal decisions on school questions in 113 boarils in, to transmit annual re{)ort to Chief Superintendent 141 boanl of school trustees in, have same powers as rural trustees 122 CITY, TOWN AND VILLAGE COUNCILS {See Mumcipal Councils.) power and duties of 112 must raise moneys required by Public School Board 112 CLEANING school house 21 41 CLERKS (St» County Clerks and Township Cikrks.) village, to send school accounts, itc, to Jhief Superintendent 112 CLERGYMEN are school visitors 189 entitled to give religious instruction to pupils 193 COLLE(n'OR. ajipointment and duties of school 24 prote<'tion of, in performance of duty 15 co'iimitting trespass is entitled to notice of action 31 has the same powers and liabilities us township collector 24 28 s(!curity bontl of 24 trustee may be a 24 feec of 24 39 powers, (liities, and liabilities of 28, 115 can b(^ compelled to make return 80 securities of, when uot responsible 81 punishment of 30 number of signatures to warrant of , 24 form of w arrant of 24 fees of, must be included in rate 24 roll of. may be taken fi'oni township assessor's roll 25, 28 township, (Sec Township.) COLOURED PEOP'.E, uncertain boundaries of school sections, for 97 right of ai'iuissiou to school 198 Separate School Act 201 COMMANDMENTS, the teu 66,192 ■HHCipapiip 214 ANALYTICAL INDEX. COMMITTEE, in cities, towns, Ac, may be appointed by board of trustees. 126 may be appointed by county council on appeal 85, 91 COMMON PLEAS (See Decision.)' COMPETITIVE EXAMINATION in townships 108 COMPLAINTS, to inspectors, to decide upon school election 145 cannot be entertained, unless within twenty days of school meeting . . 146 may be decided by inspector 147 may be decided by Chief Superintendent 148 COMPULSORY sale of school site 51, 12 attendance of pupils 64, 139, 16^ CONSENT of rate-payers when necessary 21, 10 " " not necessary in cities 132 CONTAGIOUS DISEASES in schools 68 CONTESTED ELECTIONS [See Elections.) CONTRACTS with teachers {See Agreement and Corporate Seai,.) by trustees between themselves unlawful, except in certain cases. ... 6 CORPORATE Powers, liability of trustees in case of neglect to exercise. 13, 169 act, trustees when sued for, entitled to notice 16 neglect of trustees to exercise, must be proved 13 Seal must be used by trustees in all official ac*^s 14, 122 trustees' contract not valid without 19 renders contract binding 16, 131 must be used in agreements between trustees and teacher 55 CORPORATION {See School Trustees.) school trustees to be a, general powers of 14, 121 definition of the term 14, 122 decision of the courts, in regard to school 14, 122 aggregate, cannot be subpcenaed, but its members can 15, 122 acts of banking by trustee, forbidden 12, 122 acts of the majority, binding upon the 16 notice of trustee meetings must be given to all the members of. . . 12, 15 bound by the affixing of the corporate seal 15 not responsible for illegal b3--law, Ac 16 all common school property vested absolutely in school 16, 126 COST?, law, incurred by trustees 26, 32, 39 of arbitration 50, 1 30 of contested school elections 120 COUNCIL, City, Town or Village [See Munioipa:. Cou.vcil.) of Public Instruction and its duties 186 IN Cities, Towns, and Villages, obligation of 112, 133 board of school trustees to lay estimate before 112, 132 decisions of superior courts with respect to 113 has no discretion in raising sums required by trustees '73 mandamus against 114 Municipal may lend t3 boards of trustees 136 Township {See Township.) COUNTY BoAAD of Examiners constituted 174 qualification of members of 174 doclaration of office by member of 177 general duties of 176, 177 chairman of the , 176 viva voce and special examination by 177 county inspector a member of the 174 county council to defray expenses of . . . . , u • i n& uk -m\ ■m' 11^ ANALYTICAL INDEX. 215 COUNTY Board of Examiners— (Conv'trnwc?). to meet half yearly 176 members of entitled to recompense 174 to examine and give certificates to teachers 176 may annul certificates 176 Certificates {See Cbrtikicatks.) Clerk, to report appointments and proceedings to Chief Superintendent. 85 to transmit annual school accounts to Chief Superintendent 85 {See Township Clerk.) Council may aid lew and poor schools 82 to raise equivalent to legislative grant 82 township council cannot raise school money for 109 appeal to, against township by-law 82, 85 may establish county, teachers' and prison libraries 85 to appoint and pay inspectors 81 86 to obtain security from all parties holding school moneys 83 to be responsible for school ^noneys 83 may appoint sub-treasurers for townships 81 shall appoint auditors 81, 84 members of, are school visitors 189 appoint and defray expenses of boards of examiners 81, 85 powers and duties of. 81 Judge {See Judge ) Treasurer {^See Treasurer.) COURTS {See Decisions) Division, provision for uniformity of decision in. . 185 proceedings in, on appeal of Chief Superintendent from 185 Superior, judge to send papers in appeal to 185 Chief Superintendent may appeal to 186 CROWN, school moneys may be retained by 83 DEATH of trustees, vacancy caused by 14 DEBENTURES, investment in 106 to bo issued b^* township council for trustees' loans 12, 33, 8G, 105 DECISIONS of superior courts on school questions, 13, 15, 19, 31, 36, 50, 62, 62, 95, 104, 109, 113, 122 131 DECLARATION of voter at school election or meeting 43, 119, 171 of office, by trustees required 9, 10, 43, 45, 170 before whom to be made by trustee 10 when not made 26 DEED, form of, for site of a public school house 17, 126 absence of 26 register award as substitute for 17, 127 arbitration may be by deed or parol 50, 128. DEFAULTERS, school rate, goods and chattels to be seized 29 trustees must sue non-residents 36 DEFAULTING secretary treasurer 23. 38, 167 collector 30 DEPARTMENT OF PUBLIC INSTRUCTION FOR UPPER CANADA. 182 Head of the (See Chief Superintendent.) . , 183 communications to the 14& officers of the 186 map and library depository branch of the 21 DEPARTMENTAL Instructions on libraries 21 Notices — public school libraries 21 prizes in schools 21 school maps and apparatus 21i "SEv/ '■*>» 216 ANALYTICAL INDEX. i ; DEPUTY SUPERINTENDENT 184 DEVISKRS, executors, and testators, liability of 33 DISCIPIilN K to be maintained by teacher f>& DISEASES in schools, contagious 68 DISHONESTY AND UNFAITHFULNESS, protection against 168 DISMISSAL of inspectors 143 DISPUTi':S iSee Complaints.) inspector may settle school 145, 147 Chief Superintendent may settle school 148 DISPOSAL of school property provided for 16, 61 91, 127 DISTURBING A SCHOOL OR SCHOOL MEETING, penalty for 172 DIVIDING A SCHOOL SECTION, {See Alteration, Township Council.) DIVISION COURT, {See Court.) DIVISION of school property 51, 91, 138 DOMICILE, legal of trustees 10, 34 DOMINION DAY a holiday 6» DOWER, bar of in deed 17, 127 DUTIES, {See Trustees, Teachers, Local Superintende.nt, &c.) E.\SrER, vacation at 69 ECONOM 5r of township board of trustees 102 EDUCATION Department, Head of 182 ELECTIONS, scliool, time of keeping open the poll at 44, 46 of chairman and secretary at school meeting ,.. 43 three modes of trustee 46 costs of contested school 120 notification of, to the county inspector 43, 85 at an ordinary annual meeting 44 mode of proceeding in contested, in rural section 47 " " " " and costs of, in cities, towns, Ac. . . 119 county inspector to decide upon complaints of 47 three trustees to be elected at first and one afterwards 10 annual, in cities, towns and incorporated villages 116 proceedings at ditto 11*^ ELECTORS, school, defined 43 {See ScuooL Meetings.) EMBEZZLEMENT of moneys by trustees 39, 168 ENDORSED, teach'^rs' certificates not to bo 65 ERECTION, {See House.) ERRORS, omissions and mistakes SO EQUIVALENT to Legislative School Grant— to be raised by county council 82 to be raised by city, town, or village council 112 EQUALIZED assessments in union sections 27, 89, 94, 145 EQUALLY, rates to be levied on all taxable property . HO wiien to be available 83 ESTIMATE of board of school trustees in cities, towns, Ac. 112, 132 resolution of board of school trustees, is not an, in cities, &c 113 payment of part, a recognition of the whole • H* I- ANALYTICAL INDEX. 217 ESTIMATE—;' Cont'nucd). city, town, and villnge council no option but to raise sura required by ^'^*''n 'to 112, 133 Blioiilil be in writini^ and in proper form n8 114 Blioiilil not be a mere resohilion of the board ' 115 individual ratepayer cannot object to 115 EVIDENCI'^ of a trustee refusini^ to serve iq on oatli before school section auditors gg " before arbitrators 50 ■what rerjuired to prove personal liability 14 EXAMIXATIOX, quarterly, of jiupils 50, 194 j)upils, absence from 67 school visitors to attend 139 of teacliers 05 of f-ciiouls by inspectors (53 EXAMLVERS, county and city boards of 86 EXCUSE from pupils' parents 6*7 EXECUTORS as well as testators, liavdo for rate on non-resident land . .33, 37 EXKNIPTION from rates of separate school supporters 202, 206 EXERlISES in school, religious ,. 191 EXPEDIEN'CY or lawfulness of trustees' expenditure 39 EXPENDITURE of school section trustees, lawfulness of 39, 147 of school fund 82 EXPULSION of pupils r.8, OS EXPENSES, definition of school, in rural sections 21 in cities, towns and incorporated villages , 182 decision respecting trustees' travelling 32 for books, &c, may be collected in cities, &c., as fees 134 EXTENSION of time to collect school rates S3 FALSE declaration of right to vote 119 report or register , 1;j7^ 163 FEES abolished in rural schools , . . 28 collector's 24 39 cannot be lawfully charged on school fund 84 FENCE round school premises 18, 130, 133 FEMALE SCHOOL, trustees may establish 22 FINANCIAL REPORT [See Scuool Auditors, Annual Rkports and School Accounts. FINE, for refusal to serve as trustee 9 for neglect of duty by trustee 13 for non-attendance at scliool 163 FIRE, {See Wahming and Ventilation.) wood, (See Fuel.) FIRST person elected trustee, how long to remain in oflnce {See Election.) class certificate {See Ckrtikicatk.J FLOWERS, Trees and Snuri3s, &c., on school premises 18, 130 FOREIGN BOOKS in English branches prohibited 164 FORM of dechiration required from school electors 43, 119 of declaration of ofiiee of trustee 10 of boud of collector or secretary-treasurer 24 ^ _ 218 ANALYTICAL INDEX. FORi^l—) Continued). ©f deed for site of a school-house, teacher's residence &o lY, 126 of agreement between trustees and teacher 56 of warrant for collection of school rate 25 of rate roll for school section trustees 25 of railway school tax bill SO of oath of alleip^iancb 181 of prayer in schools 192 FREEHOLDERS {See StnooL Electors, School Meeting, School Site, 2, 155 con^iitions of giving orders m teacliers by 152 to make two visits a year to each scliool GU, 150, 158 not to uive any notice of school visit 63 to examine into state of school 156 nutliority of, in a school 63, 158 procedure in the visitation of schools. 64, 158 intercourse witli teacliers and pupils 64, 159 see to attendance of children at sidiool '^4, 169 allow teacliers to visit other schools C4, 154, 155 payment to su|)erannuated teachers' fund 23, G5, 134, 153, 154, 156 verify attendance of j)upils 60, 154 check by, against incorrect returns 66, 154 ajijieal from school section auditors 147 responsihhs for trustees' blank reports 153 authorized to decide as to satisfactory returns 154 to deliver annual lecture 150 to see to observance of lawful regulations 156 to attend certain meetings 156 to decide disputes 147 may suspend teacher's certificate GO, 150, 157 to give temporary certificates to teachers 65, 149, 157 to act according to instructions 63, 149, 157 to hand over papers on retiring from office 158 relations of, with Chief Superintendent 63, 140, 155 to transmit annual report to Chief Superintendent by the 1st March. 157 to make separate school returns to clerks and trustees 157 warden to decide between in certain cases 153 to be a member of '„iie jounty board of examiners 85 cannot give certificates to teachers rejected by the county board of examiners 66, 150 inspection of schools by, and suggestions to, by the Chief Superinten- dent 86, 138 INSTITUTES, Chief Superintendent to appoint persons to conduct teachers' 184 INTERt^ST, maximum rate of. to be paid by municipal council Ill excessive 26 INTERMISSION in school hours 69 INTERPRETATION Act, provincial statutes general, quoted 121, 173 clause 173 INSTITUTIONS ACT, {See Municipal.) JAIL, library for county, apportionment to 85 JOINT BOARD of high and public school trustees a corporation to con- tract 116, 137 JOURNAL OF EDUCATION, each trustee corporation should obtain 40 ■^ ANALYTICAL INDEX. 221 JUDOES, county, to settle election complaints in cities, towns «fe villages,.! 18, 120 are sitliool visitors 189 l)rovisi(m for appeal from eoimty to superior court 185 Cliief Snpcriiitfiulent may obtain nilvice of superior 180 ajiplicaliiin to, and hearing of complaint by, against seeretnry- ireawnrcr ... 38 JURORS, pnl)lic school teachers exempt from serving aa 181 JUSTICES OF TllR PEACI':, protection of, and other public 'j,:..crs. . .15, 123 nru seiiool vi.-itors 1 89 autliority of, under tlie Scliool Acts 173 j)o\ver of in regaril to trustees 9 auilitors ma}" summon trustees and secretary-treasurer lH'f(U'e 38 can euforce compulsory attendance at school 1G3 KEY, school house, consequence of teacher's refusing to give up 172 ./S. LAWFULNESS of school trus'^ces' expenditure ; auditors' duty 80, LECTURES, inspector to deliver public LEGAL decisions {Sec Decisions.) estimates (Sen Estimatk.) . LEGISLATIVE GRANT, (See School Fund and Chief Supehintendent.) LEGISLATURE, members of the, arc school visitors LIABILITY, {See CoiiroRATE Seal, Penaltiks, Responsibilitv, and School Tuii.'lTEKS.) of muuicipal councillors or school trustees of school collectors of corporate jiroperty alone to seizure 20, of non-residtMits in their own section LIBRARIAN, rural trustees to appoint teaclier to act as in cities, towns, (fee, board of school trustees to appoint LIBRARIICS, trustees to establish school section 18, trus^.'es may jjurchase books for 18, in cities, towns, Ac, board of school trustees to provide. i;?2, township council may estaldish county couticil may establish public^ teachers', or jail, Ac Chief Superintendent to apportion grant for Council of Public Instruction to make regulations for " " " to recommend books for provisions of the law relating to LIEN on land, school taxes a LOAN b\' trusteees to be auth.orized by toA-nship council 1'-', 3:5, 105, by township council to trustees by city, town or village council discretion to raise, rests as much with council as section authority to r.aijc a rate to pa_^' off Ill, LOST moneys, trustees responsible for LOT, meaning of the word ..._.._ municipal boundaries divide M AGIST HATES (See Justices OF THE Peace.) MAJORITY of trustees, acts of tiie, binding on the school corporation making and publishing an award 50, I'-S, 147 158 189 135 '23 131 34 21 60 140 21 20 134 104 85 183 188 188 140 30 107 111 133 111 133 39 27 27 15 129 ^^^ 'J] 222 ANALYTICAL INDEX. MANDAMUS, {SeeWmt ov Mandamus.) MAP of school sections to bo prepared by townBhip clerk 88, 97, 172 to be followed by assessor 26 evidence of school section boundaries 97 and apparatus, one hundred per cent, allowed on 53, 147 to be provided by school trustees 18, 20 MASTERS, {See School Teachers.) and Servant Act does not apply to teachers 62 and teacher, distinction between 66 MAY AND SHALL, meaning of 133 MEETINGS, {See School Meetings.) religious and others, in school house 19 teachers' 62 MERIT CARDS in schools 69 MINUTES of proceedings, copy of 43, 45 MISDEMEANOR, what is {See Justices of the Pkaoe.) MISTAKES, omitted assessments and 30 MODEL school, township ceuncil may establish and be trustees of a 104 to be established by the Council of Public Instruction 187 MODE of proceeding {See Appeals, Defaultkrb, Justices of the Peace.) MONEY, {See School Fund, School Moneys, and Chief Superintendent.) lost, responsibility for 169 may be lent by municipalities to trustees 107 MOTIONS at school meetings must be seconded 46, 126 may be reconsidered or rescinded 45, 46 order of putting 46, 125 MUNICIPAL, {See County Council and Township Council.) Assessment Act quoted 20, 24, 27, 28, 83, 108 law the basis of the school law 81 corporations classified 81 accountability for school moneys 83 treasurer's receipt renders him liable 116 Institutions Act, consolidated quoted 12, 24, 52, 87 boundaries divide lots 27, 1 07 authorities may loan money to school trustees 107, 111 assessment, separate schools not to share 202, 207 NEGLECT of duty by trustee 9, 13 to make verbal declaration of office by trustee 9 of regulations ■ 13 NEW SCHOOL SECTIONS, formed by township council 89 to bo aided by county council 82 NEWSPAPERS, in cities, towns, Ac, to publish annual report 141 " NO LONGER REQUIRED," phrase explained 91 NON-RRSIDENCE of six month will cause vacation of trustees' office 10 difference between removal from section and 10 pupils defined 34, 161 NON-RESIDENTS, {See Apprbntioeb, «tc.) right of, to attend school, restrictions 21, 84 restricted authority of trustees in regard to 35 how to proceed against S6 m ANALYTICAL INDEX. 323 JrON-RESTDENTa--( Con•(■? Cektikicxte.) PERSONAL llIvSPONSllJILITY, {Sec REsroNSiniLiTY.) PLAY GUOUND required 18, 41, 133 PLEAS, Court of Common (Sec Decisions.) POLL hours at sehool election -13, 44, 110, 118 book, at city, town and village elections llT POOH SCIIOO LS t-) be aided by county councils 82 Persons {See Indiokxt Pkrsons.) POSTAGE i)aid by trustee is a. lawful exi^ense 39 allowance to inspector 144 POWEllS OF TRUSTEES, {Sec School Trustees.) PRAYER, forms of 192 PREMISES, general directions in regard to 18, 69 PRESENTS, subscriptions, teacher's cliar- 62 20 69 43,45, 170 PROGRAMME for examination of teachers by onnty board 70 PROMISSORY NOTES, trustees may not issue 12 no payment of school rates 81 PROPERTY rates {See School Rates.) chattel, alone can l)e seized and sold 29, 36 wheu no longer required 51, 91 M'^ *ff''! ANALYTICAL INDI.X. 225 PROTECTION of trustees It), 123 of colli'ctors 11), 1-23 of iiiiij,'idtnite3 10, 128 rilOTEST at SL'liool meeting's 44 riiOTKSTANTS, Act ic»i.c'cting scpnrate schools for 201 ciiMMot liiivo Kupiinilo Hi'hool Miili'HH Iciirhcr is ft Uoniiin Ciilliolio .... cannot bo corn|K'lluil to uttcnd iloiniin Catholic H('|iunito Hclioola .... 163 rROVINCIAl. CKRTIFK^ATE, {.See Ceiitikicates.) rUHLIC INSTRUCTIOX {See Council ok Puulic Instuuction.) rUIJLIC .SCUOOL IJOARI) {See Trustees.) rUBLieillNG, and making nn award 50, 128, 129 rbfl'IJiS, resident, between 5 and 21 to bo admitted to school 'M, -10 non-resident, where to bo returned :i5 Hcliool visitors to examiuo and give advice to \H9 duties of 67, 67 suspension of, by teacher 57 expulsion of, by trusteea 58 to bo classilied 58 authority over, by inspector 68 QUALIFIED TEACHERS only to bo employed 12 trustees' orders to be given to, and to no others 05, 153 delinition of tiie term 55 inspector's cliti[Ue3 to be given to, and to no others, 158 QUARRELLINTt among pupils to be discouraged 57 QUARTERLY EXAMINATIONS, {See Exa.mi.natio.n.) QUASHED, {Sec By-Law.) QUEEN'S liENCIl court (.S'te Decision.) birthday a holiday 69 " QUESTION, PREVIOUS," may bo movel 125 QUORUM of public school board 124 RAILWAY COMPANIES, liability of 29, 80, 34 scliool tax, details of 30 RATE BILLS abolished 28, 48 form of warrant to bo annexed to 26 form of, remarks on 25 collectors" fees must bo included in 24 method of supporting school by ICS cannot exceed 20 cents per mouth for books, stationery, ifec 139 RATEPAYERS, {See School Mektixo.) consent of when necessary and when not 21, 96, 118 RATES and collectors, decisions respecting 31 for what, may be collected 26 upon property, school to be supported by 26 note of hand, no payment of 31 collector shall call for 29 goods and chattels of defaulters shall be seized for 29 on non-residents, how collected 8R on parents and guardians, unlawful 3S of former years may be collected 31 liability of railway companiea for 20 cannot bo levied tQ pay unqualified teacher 26 16 Ti 226 ANALYTICAL INDEX. cannot be levied to defend illegal nction 26, S3 do do i'xees;siv(! interest 26 do do trustees' claim (exception) 26 requisite of wnrrnnt for 25 trustees, mode of eolIeclinLSTKEs, Auditors, Jnspeutok, Chief Superintendent.) REPROOF of pupils, kind of 57 " REQUIRED, When no longer," phrase explained 91 RESCIND resolution of former school meetings 47 RESIDENCE, form of deed for site of teacher's 17, 126 trustees may erect teacher's IS, 130 township council to raise money for teacliers' 41 RESIDENT. {Sec Fuekholders, Niinresidents and School Rates.) definition of. and non-resident 34 and uou-rcfcident rates 34 ANALYTICAL IXDEX. 227 I^* « RESIDENT— ( Continued). real estate of railway considered as land of 29 pupils between five and twenty-oue to be admitted to schools 21 RESIGNATION of office by trustee provided for 9, 10, 121 of inspector 144 RESOLUTION, (See School Meeting), of annual mectin, 132 Proi'eiitv, trnstees to acquire and hold 16, 126 vests absolutely in school corporation 10, 12() in cities, towu'^, Ac., boards of trustees to take posses.sion of 126 tea(^iicr refusiiiij^ to surrender 172 EEorsTER, {See Rkgisters.) Rliorts, (Sec An.vu.\l Report, lI.xr.K-YE.'iRLY Report.) Sections, {See Alteration, U.vion Sections, Township Council, ttc ) miiiiinuin size of 89 townsiup board may be formed lur all the lOl decisions respecting- boundaries OTi townsiiip council may form new 89 township conncil may alter 89 intiinatini^ to inspector alteration of 88 when township council may unite 87, 89 cilhcr townshij) conncil may dissolve union of 93 Trustees, School, {Sen For.m, Pen.vliiks, Responsip.ility and ScriooL R.\tes.) who may and who may not be '.•, 4C>, 1 2i) decisions respectinij 11,12, 1;> in cities, towns, &c., duties of 121, 123, 132 of townships 9, 44 election of, in each section lu, 46 " in cities, towns, etc 116 term of office in rural section 9, 10 " in cities, towns, ttc 120 not to hold oflice of teacher or inspector 9, 120 what a, can do and cannot do 5 rcspon.^ibilities of 5, 1;), 121, 108 definition of a 5 can Jiave no claim on a school corporation (exception) 5 cannot be compelled to take office for four years after service expired 10, 42 power of r?tii'iny; 11 penalt}' for refu-int;- to serve as 110 must call sclioul nieelini>;s 170 removal of, or non-residence of six months, vacates oflice 10 report to be submitted to annual meetin;j 83, 46 nu'.st be resident assessed freeholders and householders 9 may resign 9, 42 lo make a verbal declaration of otKce 9, 12, 40 to be a school corporation 14, 121 cannot perform acts of banking; 12, 15, 122 protection of, in performance of duty 15 meetings, notice of, to all members of tlie corporation 11, 4(^ " " "■ in'cities, towns, ifec 124 two cannot act without consulting third 1 1, 12, 15, 40 to tak(! possession of and hold school [u'operty 16 to sue for trespass 20 to do what they deem expedient with building, renting, tfcc 18 must use corporate seal in all ofticial acts 15, 40 contract under corporate seal binding 12, 19 to provide a second school house when required 22 of cities, towns and villages, may establish, what kind of schools. . . . 139 230 ANALYTICAL INDEX. 8CR00L—( Coniinited). may establish a female school 22, 41 may unite with high school 22, 42, 116, 137, 141 alone can employ teachers 22, 41 cnefageinent witli teacliers binding on successors 65 may be suihI for refus-xl to give order to teacher 62 to give orders to qualified teachers only 22, 134 should see that supcrauuatiou money is deducted '23, 153 to provide for salaries and expenses 26, 32, 41, 132 may levy school rate at any time 32 rate may include costs of, for defendinir legal but not illegal acts. .26, S2 warrant to collect rates only legal in their own section 36 to make out roll and collector's warrant 25 mode of collecting scliool rates from residents and non-residents, 25, 34, 35 to apply to munici])aiity or levy rate thi-mselves 41, 104 to be furnished with copy of township roll 25 may exempt indigent persons 41 to sue defaulting non-residents 36, 41 to m;ike return of uncollected rates to township clerk 36- to Hilmit to school, residents between 5 and 21 40 entitled to a copy of the Journal of Educallon 40 annual report of, in cities, towns, ifec 141 to visit schools and for what 22 to see that proper text books are used 2 1 , lo'J, 165 to establish school section libraries and appoint librarians 21 personal responsibility of 5, 11, 13, 121, 16» to prepare and read report at annual meeting 3S, 46 to make haJf-vfarhi report to inspector 22, 170 to make annual report to inspector 21, 16^ neglect to exercise corporate powers 14, 16(^ must submit school accounts to auditors 38, 169' mode (if settling diR'erences with people in regard to site 48 township board may be appointed 101 township council to authorize loan by 33, 105 may borrow money from municipulity I(i7, 111 how consent of ratejiayers for loan may be obtained lOT must apply to council before August to levy rate 33, 41 not liable to prosecution for acting under by-law of municipal council 16, 87 duties of, in cities, towns, ifec 112, 183 re-election of, lawful 10 to give notice of annual and special school meetings, in cities, towns, (fee 118 to see that regulations are observed in cities, towns, &c 141 {See Sites, Ahbitratiox Award, Ac.) SEAL, {See Corih)rate Seal.) SECOND class', cert'ficate [See Certificate.) SECRETARY, appointment of, at school meetings, his duties 4S " in cities, towtis and villages 136 Treasurer, {See Form), appointment and duties of 23 bond of 24 duties of 23 must account to school section auditors 38, 167, 169 collector should take receipt from teacher and 85 penalty on, for refusing to account 23. 161 iuode of pouceeding againat, . ^ .... ^ » .> .24, 161 ii AITALYTICAL INDEX. 231 SECTIONS, (See Alteration, ScnooL Sections, and Township Council.) SECURITY from school collector nnd secretary-tronaiircr 24 consequence of neglect of trustees to take from treasurer, 11, 23, 24, S!>, 40 138 from all parties lioldinjjf sciiool moneys, county council to take 83 Chief Superintendent to give 184 SEIZURE of goods and chattels by collectors 29 SEMI-ANNUAL REPORTS, (^ee nALF-YBARLH.) SEPARATE SCHOOLS— supporters of, not to vote at public school elections . .43, 121 ecttli'Mient of disputes between suj)porters of 149 Protestants cannot be supporters of Roman Catliolic 2ii6 coloured people not entitled to attend school where tliey have 198 visitors of 1 89 exception as to, respei^ting non-residents 104 Protestant and Coloured, act respecting 201 SERVANT ACT, master and, does not apply to teachers 62 SETTLERS, bona fide, are residents 34 SHALL, the word, is imperative 133 SICKNESS of teaclier 61, Id SIGNATURES of trustees to warrant number required 32 SITE, form of deed for 17, 1 26 necessity of proper title for school Iti, 126 is exenii)t from taxation 17, 131 size of. detii.'d 18, 133 wiien required to be ciiosen 48 liiiid of, to be chosen 49 sale or exchange of old 51 owner of, refusing to sell, remedy 51, 127 power of trustees in enlarging ,51, 1 27 privileges of owner of f)2, 128 not liable to be sold in judii'rnent 20, 131 to bedisposed of by trustees wh?n not required 17, 51. Vtl, 127 r rural trustees must obtained approval of meetin<; before changing old. 48 in cities, towns, Ac, trustees to do as they judge ex[)edient as to. . 12'', 132 purchase of a U), .51, 126 mode of selecting or changing by special meeting 49 county insp. ctor may call meeting for seleetin^r 47, 49 rural trustees must consult constituents in selecting 52 arbitration in, may be superseded before award made 52, 130 arbitrators inust meet to determine on reme<.ly 49 , 126 remedy when parties reluse to a|)point, arbitrator cm 49, 12 first arbitration, on, cannot be set aside 53 arbitration on, when invalid 53, 130 township council may purchase or dispose of 52 {See AllBITRATION- AND AWAUD.) SIZE, of school site 18, 89 of scliool rooms 18 of sohool house to be determined by school trustees 18 SPECIAL certificate {See Certikkwte.) meetinus {See School Mektinos.) inspectors to he appointed by Chief Superintendent 184 provisions of the act 163 STATIONERY and text books may bo charged for in -ities and towns 134 i I 232 ANALYTICAL INDEX. STATUTE labour, teachers not exempt from ^'^ STUDIES, course of, in the public sclioola to bo followed by teachers 58 SUBPCENA, corporation connot be aummoncd by; its members may 15 SUB-TREASURERS, county council may appoint township 84 responsibility of SUIT, (Sec DEcrsroNs), trustees cannot be sued by teacher for school fund. . 62 for trespass on scliool house ^^' ^ against trustees by teachers for order for school fund ^^ ap;ainst non-residents defaulting between teacher and trustees 3G SUPERANNUATED TKACRERS. forms and regulations for. •-■■- ■■■• J'^ trustees and payments to fund for 23, (jo, 1^4, loo inspectors to see to payment to fund for Ro, 134, 153, luO, lOb SUPEPJNTEXDRNT OF EDUCATION, {Sec Chief SurEnixTESDENT.) Dkputy (Sec DfiruTY Superintendent.) SUPERIOR COURT, (Sec Couut, Decision.) SURETIES, {See Skcurity), when not responsible SURPLUS municipal money may be loaned to trustees scliool money may be invested of taxes left over after auction sale SUSPENSiToy of teachers' certificates by inspectors 66, 150 of pupils oy teachers SWEEPING school house, trustees to provide for 134, 30 135 :35 29 157 57 60 67 20 TARDINESS on the part of pupils TAXABLE PROPERTY, property rates must be levied on all TAXATION, school licuse and site exempt from 20, 131 21 63 school library property exempt from teachers not exempt from TAXES, (Sec School Rates.) :;^ TEACHERS, PuuLio School, (See Superannuated Teachers.) to be moral and Her Majesty's subjects VO, 179, lol Chief Superintendent to appoint conductors of institutes for lo* school fund to be applied only to salaries of 82, o4 Council of Public Instruction to make regulations for 1°° duties of -J) decisions respecting • • "^ trustees or inspector cannot be ^' ^ cannot sue for trespass on school house • ■ • -^ assistant, when to be employed '*[> residence may be erected ^^> form of agreement with • ■ form of deed for site of residence for 17. not to teach on lesal holiday 56 130 55 126 55 no deduction can be made from salary of, for legal holidays 55 trustees to employ qualified, only ; o'Vq" fio no rate can be imposed for payment of unqualified 12, d^, »- certain agreements with, invalid ^^^ qualified, only entitled to school fund ._ decision respecting trustees agreeing to furnish fuel to _ inspector signing contract with, is a mere appr..val of it salaries of, how to be fixed and la-ovided master and servant act does not apply to 22 62 62 20 62 ft« 31-3 V . . 58 15 J • 84- 84 I fund.. 20, C2 131 62 35 36 ir, 65, 53, ST.) 134, luG, 166 166 30 135 13-1, :35 29 .66, 150. 157 57 60 67 20 ..20, 131 21 63 .70 , m, 180 184 ..82, 84 188 66 62 9 55 20 .,41 ..18 56 130 55 ..17 126 55 s. , . 55 12 ...] L2, 39 , 62 55 22 62 62 20 62 ANALYTICAL INDEX. 233 t TEACHERS— ( CojKmMefJ). cannot sue trustees for solio(>l fund but for orcler • • • ' order to be given to quiilitlcd only _ • • • ' ' townsbip council may autliovizo provision for residence of '•'- county treasurer caiuiot refuse payment to • • • ^Jj'^ association library for co\inty or townsliip ^''' ^.^^ to a day scliool section librarian who are qualified ._ to teach nccordinj;: to law and rcijulations to l<(!ep scliool registers distinction between masters and power to suspend pupils wlien to be in tbeir schools _ to have care of school in-emisos absence and sickness of • ' ' visiting other schools _ ' ' presents, subscriptions, itc, to, forbidden meetings witli inspector representation of character of, privileged not exemi't from assessment or statute labour pupils responsible to, going to and from school ;:'^ lost time cannot bo made up by to maintain order and discipline ._ ^ to give access to register and visitors' boolc ^ ^ con'serpieiice to, of refusing to give up schoolhouso key ^^ to hohi iiublic quarterly examinations, and give nohoe .... to furnish information to Chief Superintendent or inspector protection of. in regard to salary 62 22 lii7 83 58 60 56 57 50 5 'J 61 64 62 62 62 C3 6S 56 CI 1.72 23. 65, 01 79 83 cheque must be made payable to • • • • ■ ".^ ' ,^ ^^^ inspector may suspend certificate ot ^'->. ^^ > -^ j^,„ " nuiv give temporary certificate to *:'■'' ' „„ 70, 17.-., 179, 70 180 174 175 181 69 157 -^ iiy give temporary examinations of first, second, and third class certificates to county board of examiners to give certificates to « " " to .annul " oath of allcghmco by alien TEACHING hours, number of, in a day ■- ^^^ TEMPORARY certificates to teachers '""' ' ' ^^ TERM of ofilce by trustees '.."... 69 school lengtli of '.V' l\" \ v\ TESTATOR, executor as well as, liable for r.ate on non-resideut land ^^.^ TEXT-BOOKS, list of authorized ^1 provisions of the law in regard to gg pupils must be furnished with._. . ,^1 trustees to permit no unauthorized ^.^ ^..^ be i)urehased and e'liarged for •_ ■ . - 184 of'" may ^ed for in cities, towns, etc., board of trustees may provide Chief Superintendent to recommend • ,„„ Council of Public Instruction t6 approve or disapprove of 1«8 foreign, in English branches prohibited gg trust!ee may supply to indigent pupds ^^ THANKSGIVINt:} DAY a holiday ••^^^ ^^^ THIRD class certificates ^^ THREE TRUSTEES, election of .•:••••••••,: ;„• .[ « <.- " on union of sections 44 57 234 ANALYTICAL INDEX. TIME TABLE in schools .59, 64 TITLE to school property is in trustee corporation 16^ 126 necessity for proper I6 registration of 17, 127 TOWNSIirP Assessor (Sec Assessor.) collector, powers of 24 " penalty on 30 collector's roll 26 Boards of school trustees may bo formed, when 101 who may form, conditions lOl when should formation take effect 101 composition and designation of 101 time of electing loi pov/ers and obligations of 102 advantages of 102 Clerk to give notice of formation of new section 88 to allow trustees Lo copy assessor's roll 26, 32, 88 penalty on, for fraudulent assessment 30 trustees to make return to, of non-resident rates S6, 88, 108 to prepare map, in duplicate, of school sections 88, 172 to furnish information to inspector 88 to make return to county clerk 88 mandamus to compel, to give trustees access to assessment roll .... 32 to give notice of formation or alteration of school sections 88 to make return of non-resident rates to eounty treasurer 88 CousoiL to pass by-law acquiring and disposing of scliool property. ... 52 may purchase site and build school house 52, 108 must establisli township board of trustees, when 101 must levy and collect the sums desired by the trustees 38, 104 may be compelled by mandamus to levy rate 34, 104 is entitled to notice of action Ill cannot interfere with established school system 110 cannot raise school moneys for county purposes 109 may authorize trustees to borrow money 33, 105, 10*7 must issue debentures for loan 12, 33, 80, 105 may raise money for teacher's residence and school purposes 103 may loan surplus money to trustees 12, 107 may not levy more than one rate in the year, except in certain cases . 33, 106 meeting in August, trustees' application for rate to be made at . . 33, 105 maximum rate of interest to be paid by Ill may establish libraries 88, 1 04 may establish and be trustees of township model school 104 to form new school sections 88 cannot leave any part of a township without school organization ... 89 may alter school sections 89 cannot alter, but may dissolve union sections 93 need not give notice to outsiders of alteration of school sections. ... 96 liability of, for refusing to pay uncollected rates 87, 108 to authorize schools for Protestants and coloured persons 201 Model School, common schools may be united with 104 Trustees of Schools 102 TOWNS {See Cities, Towns, (fee.) TREASUIli'^R, Municipal, or Chamberlain (See Secretary-Treasurer), orders on, illegal circulation of 16, 122 municipal school rates must be paid to 110 ANALYTICAL INDEX. 235 TREASURER— fCon/mM^J). Cftn compel collector to account 30 must lioiior trustees order for school moneys 83 clerk to notify Chief Superintendent, name and address of 85 responsible for school moneys 83, 116 to ffivp security 83 remedy to persons agjTjrieved through default of 84 county council may appoint sub 84 audited accounts of, to be sent to the Chief Superintendent Ist March. 84 inspectors salary to be paid quarterly by 144 township clerk to furnish account of arrears to county 88 TREES and plants, Ac, on school site 19 TRESPASS, suit for, trustee entitled to notice of action 16 trustees, and not teacher, to sue for, on scliool houso 20, 131 TRUANCY, punishment of 61 TUITION fees abolished 28 UNCOLLECTED school rates, mode of obtaining 36, 108 when sureties of collector not liable for 31 UNDIVIDED lot must be in the same municipality as the section ratiiii;,- it. 27 UNFAITHFULNESS and dishonesty, protection against 23, '24, 33, 168 UNION, (See Alteratio.v, Decisions.) difference between " united " and 92 of high and public schools, departments to kept distinct . . . .'J2, 116, 137 formation and alteration of, public school bouudarira by township council illegal 98 of two or more sections, must have the concurrence of iiiliabi- tants 1*5, '.)1, 98 of two sections, when it takes effect 05, 08 council must form, if majority of rate-payers desire 95 of sections, new election of three trustees necessary 97, 98 separated part of, to share in j)roceeds of property 51,91, 188 Bale of site or other property when not required 16,51,52, 91 sections only made or altered by reeves and inspectors 89, 93, 99 sections, equalize assessments in 27, 89, 94 apportionment 1,o, sections 153 of j^art of township, with town or village 93 of jiart of township to remain attached to village, etc 94 may be dissolved by either township council 93 notice of, should be c'.s lo 22 twico a year, inihlie and separato Bcliools, by inspector 63, 156 tcauliors may 61, 155 VISITORS. S(.ln..L,— trustees must i)r()vule teaolior a book to keep for CI tcaolicr ti> deliver up book 172 nulhoi'ity to visit Roman Catliolic separate scliools 189 dulies ol" 189 VOTE, {Scf! Sciiooi. Mi;i:tino), mode of recording, at school meetings , . .44, 47 cliairnian lias casting, and no other 43, 124 of seiiool ratepayers, unnecessary in cities, towns, &c,, to authorize rate '. 118 right tf), at: puldic sfhool meotin'^=> 43, 119 fiojiurate school supporters, diitjualilied to 43 VOTIXG, hours of 42, 116 WARDEN may supply vacancies in office of inspector 144 to net as umpire ia case of disputed apportionment 153 WARDS of a city or town, election in Ill school assessment, in a city or town, illegal 114 union of, for scpiU'ate school purjioses 205 WARiniS'(^ school house, trustees to provide for 19, 21, 41, GO, 182 WARRANT of collector to be signed by at least two trustees 25, 82 of trustees only legal, in tlieir own section 86 form of, for the collection of school rate 25 WELL on school premises 18, 41, 183, IGO WILFUL neglect of trustees to perform duty 12 WITNESS, trustees need not appear as, unless individually subpoenaed ... 15 to deeds, agreements, itc, {Sec FoiiM.) 17, 25 WITNESSES, school section auditors may administer oaths to 88 WOOD, {Sec FuKL, Warming.) WRIT OF M ANI )A:\IUS, defininion of 83 township clerk compelled by. to give trustees access to roll 82 council may be compelled to collect trustees estimate, by, 84, 37, 104, li'i 113 order on treasurer must jirecedo application for 114 demand and refusal of sum must be shown, before the writ will issue against the town council 114 WRITING, agreements with teachers must be in, and sealed 55 YEARLY Reports, {See Annual Report and Half-yearly '(.'kports.) 4 PRINTED AT THE STEAM PRESS OP COPP. CLARK & CO., COLBORNE STREET. 22 63, 15« 61, 155 CI 112 189 ISO ign ... 44, 41 43, 124 author! zo 118 43, 119 43 42, 116 1 14 153 Ill 114 205 1, 41, GO, 182 25, 82 86 25 , 41, 183, 160 12 maed ... 15 17, 25 38 33 32 . 84, 81, 113 114 will issue 114 55 s.) JE STREET. II i ^^5!S?^J8!?i5^ ' ■ -r»iA " lioi- ur lia\i' Sjn'Cial I'Miliuiis, ami wliii.:li I'uuli-r.-! v\ill ,lo well tci iHiiL'uii.- fiom \i-. liiix-ct. l.ATIX AK 11 II Ml. lie. .'•Ic Arnold's Firjit and Second Latin Book, Smith and McMurchy'a Elementary Aiith- r.\ Spell. ■:! - ; Arnolds Latin Prose Composition. \-\ Harkncss' Introdiictoiy Latin Book. 71. " L.Ttin Reader, o,. . " rir.st Latin Book i^i. " Introduction to Latin Prose L'..iii|!n^it;..ri, ;i. " Latin Grammar, .fi. Smith's Smaller Grammar of tlie Latin T,.i.^u,;u.- ;^- ,.,.. (;ki-;i;k. Hnrkr. -. H.";! Greek Book, hi. Curliu.s Smaller Grammar of the Greek 1 .anL;ii.i,;.;o. 5i ...... ANcK'Nr iii'-rokw ,.\,. S!;}\r-'u-' Manual of Ancient History, Si. IMlaii'iS r^rst Kteps; in Clastei-al Geography. IRr.\( H. Df Fii'as' Tntic-dncti^n to the French Do FiVcis' French Grammar. .xSc. Greene's First Lcs.ions in French i. ,, . iSpiers' and Siurrennj's French Dictionary. ( Apu;ri.':iii Ki.liii'ii. urH li.nmd) 1 7.;, iiicUc. j^^c. Key to Ditto. ■;-.•■. Smith and McMu;chy's Advanced Arith- i.'iili.-. ,>.c. Key to Ditto vi 5 >. Todhuntor's Elements of Algebra. 00c, Todhuntei's Elements of Euclid, ijoc. .Mlx'l.l.i ANKors. Sullivan's Spelling Book Superseded. -_■ jid Kiliii. Ill, Roscoc's Chemistry New I'Uiitiuii. $1. FuKt Li'ssonr. in Agriculture. r.\ Kuv. r.<.r:". Edwards' Summary of English History. I , ' .1 Cutter's First Anatoiii)-. <_,.;. Our Earthly House and its Builder. 7;r, Our Bodies, Right Lines in their Right Places, ^...c, Davidson's Animal Kinsjidom, ^jc. Tornlinson .s Mechanics. 45c. , Tomlinson's Philosoihy, \() --iq.iily all i''.iliK'.uiuiKil I'l'n! iluwk-. iisi,-. 1 in llu' L nivcr-iiio-'. ' 'oilt'i^cs uiul I'ui'lic Srli.iol-- o| iIk- i'i()\iiii-(.'. .1'. tilt' liiwi,--! laU'-, Ui'tUis rct-fhed l)\- us uill liavL' lUMinpl anciuiiin, and wIumv pi'-^ililo !h' lii^patc-heil ihc >anie day. .Anyiliin;^- n .1 in diir m\ ;■ .Mmk w r do uiiv ln"-l \" |irorLir<,- in tin.' litv, sn llial ( )ii.Ut-. shall ;is f.ir n> luaciicaMe lu- (•(lnllli^.■t^•. ORDER DEPARTMENT. \\ r iirdi'V Iniin [■ais^iand rre'/j J/ii/V (twice a wi.ck), and ici-\i\ c cases of nii 'lupet itii m that exists, is tiriirieni pniof lliat we do ihf- liUsines-, well, nnd lli.U conlideiiee is lep'.ised in Us It -hall he mil' ui most elide. r.otii to niciil a I'oiii inii.in'.'e of this. COPP, CLARK Sl CO., 7," I'rOlll Slli-Ct luisi, TlUi'lttO. / '