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Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams Illustrate the method: Les cartes, planches, tableaux, etc.. peuvent Atre filmis 6 des taux de reduction diff 6rents. Lorsque le document est trop grand pour Atre reproduit en un seul cllchi, ii est filmi A partir da Tangle sup^rieur gauche, de gauche A droite. et de haut en bas, en prenant le nombre d'Images nAcessaire. Les diagrammes suivants illustrent la mithode. 1 2 i 3 1 2 3 4 5 6 ^(^0 ^ctu.t , j-yyucL . Cai^, ^ ^ / ANNO DECIMO-NONO VICTORI.E REGINiE. CAP. XIV. An Act to amend the Common School Laws, and further to promote Elementary Education in Lower Canada. [Assented to \Uh May, 1856.] WHEREAS it is expedient further to amend the Common Preamble. School Laws of Lower Canada, and to make further provision for the promotion of Elementary Education therein : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : L It shall be lawful for the School Commissioners or Trustees of Dissentisnt Schools, to cause to be levied by assessment and rate, in the manner now by law provided, such additional sum as they may think proper beyond that which they may now cause to be levied under the tenth sub-section of the twenty- first Section of the Lower Canada School Act of 1846, provided such additional sum do not exceed that which they may now cause to be levied ; and they may also raise an additional sum, not exceeding thirty per cent, upon the total sum so raised as aforesaid, for the purpose of making good any deficiency which may arise in the collection of the assessment and any unfore- seen or contingent expenditure ; any thmg in the thirty-seventh section of the said Act limiting such additional sum to fifteen per cent, to the contrary notwithstanding: And further, it shall be lawful for the Corporations of the Cities of Quebec and Mon- treal to pay out of their funds an additional sum equal to that which they are authorized to pay under the forty-third section of the Lower Canada School Act of 1846, to the Boards of School Commissioners appointed by them, and also an ad- ditional sum of thirty per cent, to make good any unforeseen or ^ ' contingent expenditure. ~ IL The School Commissioners and the Trustees of Dissen- School Com- tient Schools, shall cause to be made by their Secretary Trea- |"u*'°"*[L*° surers, between the first day of September and the first day of of children October, of every year, a census of the children in each School yearly. Municipality, distinguishing those who are from five to sixteen years School Com- missioners or Trustees may cause addi- tional sums to be raised. And a further sum for un- forseen ex- penses. Corporations of Quebec and Montreal may pay additional sums for Com* mon School purposes. 2 Cap. 14. Common School LawSy L. C. 19 Vict. To itate in their report the amount of monthly leei. Penalty for refusing to lix or coUect such fees. years of age, those fnmi seven to fourteen years, and those actually attending school ; and shall transmit such census to the Superintendent of Schools within ten days after its completion. III. The School Commissioners and the said Trustees, in the semi-annual accounts and reports which they are bound to transmit to the Superintendent of Schools, shall state the amount of monthly fees fixed for each child, and the amount of such fees actually collected, either directly by thpm or by the teacher, under the twenty-first Section of the Lower Canada School Law Amendment Act of 1849 ; and if the School Commis- sioners or Trustees fail to fix the amount of monthly fees to be paid for each child, or to cause the same to be collected, it shall be lawful for the Superintendent of Schools with the approval of the Governor in Council, to refuse the School allow- ance for the year, to the School Municipality represented by such Commissioners or Trustees in default. Appropriation towards ex- IV. From and after the first day of July 1856, it shall be lawful for the Superintendent of Schools, with the approval of SchooU^***^*^ the Governor in Council, out of the School moneys to which any Municipality may be entitled to retain the sum of twenty pounds towards the support of a Model School in such Munici- pality, as intended to be established under the fourteenth sec- tion of the said Act of 1849 Trustees of Dissentient Schools to assess, &c., alone for such Schools. V. After the first day of July 1856, the Trustees of Dissen- tient Schools shall alone have the right of fixing and collecting the assessments to be levied on the inhabitants so dissentient ; and thereafter such Trustees shall be exempt from attesting upon oath the statement required of them by the eighteenth section of the said Act of 1849. Female Teachers not belonging to VI. After the first of July 1857, any female not being a Member of any religious community, who shall desire to be- beionging to ^ ^ome a Teacher in a Common School, shaii undergo the required munitiestobe examination before the Board of Examiners ; Provided always, examined. that any female Teacher desiring to obtain a certificate or di- ploma of qualification before the first of July, 1857, may under- go the required examination before that time. Appropriation out of Legis- lative grant Poor School Muuici^li- ties. Journal ofIn> •tnctian. Won) oat TMckerik VII. Out of the Legislative School grant, permanent and additional, for Common School purposes in Lower Canada, the following sums may be set apart and expended yearly by the Superintendent of Schools with the approval of the Governor in Council, for the following purposes, that is to say : 1st. — A sum not exceeding one thousand pounds, for special aids to Common Schools in poor School Municipalities ; 2nd. — A sum not ex- ceeding four hundred and fifty pounds, to encourage the publi- cation and circulation of a Journal of Public Instruction ; and Srdly^ A sum not exceedine five hundred pounds, towards for- minga fond forthe support o?supei«iuiuatea or worn out Common School t c I 1 & I 1856. Common School LawSy L. C. Gap. 14 School Teachers in Lower Canada, under such regulations as may be adopted from time to time by the Superintendent of Schools, or by the Council of Public Instruction of Lower Ca- nada as soon as such Council shall be established therein, and approved by the Governor in Council : Provided always, that Proviio : as to no such Teacher shall be entitled to share in the said Fund *"cl» Teach- who shall not contribute to such Fund at the rate of one pound "'' per annum at the least, for the period of his teaching School or receiving aid from such Fund, and who shall not furnish satis- factory proof of his inability from age or loss of health in teach- ing, to pursue that profession any longer : Provided also, that Further Pro- no such allowance to any Teacher shall exceed the rate of one *'8" «» to the ?ound ten shillings per annum for each year during which such **"""• 'eacher shall have taught a Common School in Lower Canada. VIII. The remuneration of Secretary-Treasurers may, in the Remuneraiion discretion of the School Commissioners or Trustees, be in- of Secretary- creased to an amount not exceeding seven per cent, on the crn'ed"' "" moneys received by them as such, instead of four per cent, as provided by the twenty-second section of the said Act of 1849 ; but such remuneration shall include every service which the Limitation ol Commissioners shall require from time to time from the Secre- such increase. taiy-Treasurer and shall cover all contingent expenses whatever, except such as may be specially authorized by rules and regu- lations to be made by the Superintendent of Schools from time to time, and shall not exceed thirty pounds in one year in any case. IX. In addition to the Boards of Examiners constituted Additional under the said Act of 1846, and the Lower Canada School Law Boards ot Amendment Act of 1853, there shall be others established for b/esubHshS. such Counties, and to hold their meetings at such places, as may be fixed and determined by the Superintendent of Schools with the approval of the Governor in Council, such Boards to How to be consist of not less than five nor more than seven members, to composed, 4c. be governed by the pi visions of the said Act of 1846, to be established for such poiiions or sub-divisions of districts or ter- ritorial divisions where Boards arc already authorized to be established under the said Act of 1846 and the said Act of 1853, and in mixed religious commrmities, one to be composed of Roman Catholics and another of Protestant members. X. It shall be lawful for the Superintendent of Schools to special assess- cause special assessments to be levied in any School Munici- ments for|>ay- pality, lor the payment of lawful debts admitted by such Muni- sli***^^*'^^**^. cipafity or adjudged by a Court of Justice to be due by such cipalities. Muni(3ipality, and which debts such Municipality could not otherx^ise pay: and whenever such debts shall have been contreicted by a Municipality subsequently divided into several Muni<:ipalities, or the limits of which may have been sub- sequeatly altered, the said Superintendent shall apportion the payment of such debt or debts equitably among the several Mu- nicipalities liable for the same. XI. Cap. 14. Common School Lawa^ L. C. 19 Vict. Deposit and payment of Legislative Appropriation for Common SchooU. Superin- tendent may refuse to pay to School Municipalities not complying with the law in certain rases. How he may .deal with the -ahare of Le- eislative grant 'belonriiie to ' StihnoT IVfuni- cipalities pay- fing too little to the Com- ^non Fund. Superin- tendent may allow School Municipalities which nave arisen since 1850, their fair share of the ^rant XI. Notwithstanding any thing to the contrary in the forty- seventh Section of the 8aicl Act of 1846, the sums constituting the Lower Canada Common School Fund may be paid to the Superintendent of Schools in two pemi-annual payments, under two accountable Warrants to the Receiver General to be issued by the Governor for that purpose ; and the Superintendent shall deposit the said sums in such Bank as the Governor in Council shall direct and apportion the sjime according to law among the Municipalities, and pay to the School Commissioners and I'rustees of Dissentient Schools the respective shares be- longing to the Municipalities they represent, by Checks drawn upon such Bank and made payable to their order, and shall account according to law for such moneys. XII. The Superintendent, with the approval of the Governor in Council, may refuse to pay the whole or any part of the share in the said fund, of any School Municipality where his lawful instructions or those ol' the Council of Public Instruction simll have been disobeyed, or where unqualified teachers shall have been employed by the Commissioners or Trustees, or where a qualined teacher shall have been dismissed by the School Commissioners or Trustees, before the time of his engagement and for no valid or just cause, and may pay out of the said share of such Municipality such indemnity as shall appear to him justly due to any teacher so unjustly dismissed. XIII. The Superintendent of Schools shall also have power, with the approval of the Governor in Council, to authorize the School Commissioners or Trustees in any Municipality, to ap- ply the share coming for any one year to any School District the inhabitants of which shall have contributed nothing or too little during the same year to the common fund of such Muni- cipality for school purposes, in such manner as the said Super- intendent shall direct lor the advancement of education in such Municipality, instead of depositing the said share in a Bank as now provided by law : and the amounts already placed in any Bank for any School District in like cases, shall be liable to be dealt with in like manner, and the shares coming to any such School District which may have been in like cases applied by the School Commissioners or Trustees in any Municipality, with the consent of the said Superintendent, are hereby de- clared to have been legally and properly dealt with ; any law, usage or custom to the contrary notwithstanding. XIV. And whereas in some Counties School Municipalities have sprung up which did not exist at the time of the taking of the now last census, audit would be unjustto withhold from them their fair share of the Legislative grant, therefore it shall be lawful for the Superintendent of Schools, with the approval of the Governor in Council, to allow to any such School Municipality its fair share of the amount of the said Legis- lative grant coming to the County, in proportion to the actual m acl &c\ wl be I 1856. Common School LawSy L. C. Cap. 14. actual population of such School Municipality at the time, according to the best evidence he shall be able to procure, whenever he shall be of opinion that the said census would not be a fair basis of apportionment. XV. Whenever any School Commissioner, Trustee, or Penalties oi» Secretary-Treasurer, after his dismissal, resignation or ceasing i»er«onsre- to hold office, shall detain any book, paper or thing iJi^'",?„^'''"' belonging to the School Commissioners or Trustees of any School Com* Municipality, he shall thereby incur a penalty of not less than miw'one"- five dollars nor more than five pounds for each day during which he shall retain possession of any such book, paper or thing, after having received a notice from the Superintendent of Schools requiring him to deposit the same in the hands of some person mentioned in such notice ; and the said penalty shall be How recover- recoverable with costs before any Court of competent civil juris- ed an J applied, diction, in the name of the Superintendent of Schools, and the same when levied shall be paid into the hands of the said Super- intendent, and shall form part of the unexpended balance of the Common School grant, and be dealt with accordingly. XVI. And inasmuch as it will be conducive to the furtherance Council for of Education in Lower Canada to establish therein a Council P"Wic lu- of Public Instruction, — the Governor shall have authority to Lower"* °' appoint not more than fifteen and not less than eleven persons Canada, (ol whom the Superintendent of Schools for Lower Canada shall be one) to be a Council of Public Instruction for Lower Canada, and such persons shall hold their office during pleasure, and shall be subject to all lawful orders and directions in the exercise- of their duties, which shall from time to time be issued by the Governor in Council. XVII. The Superintendent of Schools shall provide a place flaceofmeeu for the meetings of the Council of Public Instruction, shall call ^e^ea. "" the first meeting thereof, and may call a special meeting at any time by giving due notice to the other Members ; the expenses attending the proceedings of the said Council shall be defrayed and accounted for by the Superintendent of Schools as part of the contingent expenses of the Education Office ; a Recording Recording Clerk to the said Council shall be appointed by the Governor in ^^^'^'' *"* Council, and such Clerk shall enter all its proceedings in a book to be kept for that purpose, and shall, as may be directed,pro- cure the requisite maps, books and stationery, and shall keep all the accounts of the said Council. XVIII. Five members of the said Council at any lawful meeting Quorum, thereof, shall form a quorum for the transaction of business ; Duties of and it shall be the duty of the said Council, — Council. I. To appoint one of its members to be Chairman thereof, and Appoin with the approval of the Governor in Council to establish the time °* of its meetings and its mode of proceeding ; the Chairman shall tintment hiiirman. 6 Cap. 14. Common School LawSy L. C. 19 Vict. Making Ralei and RcgulR. tioiis lor Nor- mal Schooli. shall have a second or casting vote in case of an equality of votes on any question. 2. To make from time to time, with the approval of the Governor in Council, such rules and regulations as at the time of the establishment of the Council th6 Superintendent of Schools shall have the power to cause to t>e made with the approval of the Governor in Council, for the management of the Normal School or Normal Schools which may be established, and for prescribing tht 'mis and conditions on which students shall be received and ins ?.ted therein, the course of instruction to be gone through, and the mode und manner in which Regis- ters and Books shall be kept. Certificates of Study shall be granted to Students, and the reports of the Principal of any such Normal School shall bt made to the Superintendent of Schools. And for Com- 3. To make from time to time, with the approval of the Go- mon School*, vemor in Council, such regulations as the Council shall deem expedient for the organization, government and discipline of Common Schools, and the classification of Schools and Teachers. Selecting or publishing Docks, maps, &c. epti< ras regards reli- gion, &c. Rules for Examiners. 4. To select or cause to be ptiblished, with such approval as aforesaid, books, maps and globes, to be used to the exclusion of others, in the Academies, Model and Elementary Schools under the control of the Commissioners or Trustees, due regard being had in such selection to Schools wherein tuition is given in French and to those wherein tuition is given in English ; but this power shall not extend to the selection of books having reference to religion or morals, which selection shall be made as provided by the fifth sub-section of the twenty-first section of the said Act of 1846, so much of which sub-section as may be inconsistent with the provision herein made, is hereby repealed. 6. To make from time to time with such approval as afore- said, rules and regulations for the guidance of the Boards of Examiners. Keeping clas- sified list of Teachers, holding cer- tificates. Superin- tendent to re- port certain particulars to Council. 6. To cause to be inserted by the Recording Clerk, in a book to be kept for that purpose, in such manner and form as the Council may direct, the names and classes of all Teachers who have received or shall hereafter receive certificates or di- plomas of qualification from the Boards of Examiners already established or to be hereafter established, also the names of ail Teachers, who after having gone through the regular course of instruction in any Normal School to be hereafter established, shall have received certificates or diplomas of qualification from the Superintendent of Schools ; And to ensure compliance with the immediate foregoing provision, it shall be the duty of the Superintendent of Schools — Firstly, To report to or cause to be laid before the Council, if it be in his power, the names and 1856. Common School Lawa, L. C. Cap. 14. and classes of all Teachers admitted by the diflerent Boards of Examiners since their establishment ; Secondly, The names and classes of all Teachers hereafter to be admitted by the dif- ferent Boardsof Examiners; Thirdly, The names of all Teachers who may hereafter receivt: from him certificates or diplomas of qualification aftr going through the proper course of instruction in any Normal School. XIX. It shall be lawful for the Council of Public Instruction to revoke any certificate or diploma of qualification granted or to be granted by any Board of Examiners, to any Teacher, or any certificate or diploma of qualification to be granted hereafter by the Superintendent of Schools to any student in any Normal School which may be established, for any want of good conduct as Teacher, of good morals, or of temperate habits, in the holder thereof ; such revocation not to take place, however, unless a charge in writing be made by some complainant, or upon the report of any School Inspector, submitted by the Superintendent of Schools to the said Council, nor unless such charge be fully proved : such charge shall be addressed to the Recording Clerk, who shall lay it before the Council at its then next meeting; and if the Council be of opinion that the charge is of such a nature as not to require any investigation, it shall be dismissed in limine; but if it be of opinion that the charge is of so grave a nature and character as to require in- vestigation, it shall be the duty of the Recording Clerk to cause the Teacher complained of to be served by any Bailiif of the Superior Court for Lower Canada, with a copy of the charge, accompanied by a notice on behalf of the Council, summoning him to be and appear, either in person or by proxy, before the Council on such day and hour as the Council shall determine, to answer the charge made against him. If the Teacher denies the charge, the Council shall forthwith, or on a subsequent day, proceed to receive the evidence, oral or in writing, which each party shall have to offer, and the Recording Clerk is hereby authorized to administer the oath to any witness who may be produced ; and it shall be his duty to take and keep of record the notes of the evidence taken. , .. „ Council may revoke certi- ficates of Teachers in certain casn . How chargM against Teach* era shall be nnade and tried. If the Teacher denies the charge. It shall be lawful for the said Council to appoint one or two Commission- Commissioners to receive the evidence, when the parties shall ers may be reside at a great distance, or when the Council may see that appo">ied. by so doing a saving of unnecessary expense will be efl'ected. The instrument appointing such Commissioner or Commis- in what man- sioners shall be issued on behalf and in the name of " the ner. Council of Public Instruction," and under the signature of the Recording Clerk. Upon the receipt of such instrument, the Commissioner or Proreedings Commissioners shall notify to the parties the time at which ^^'°,^*,^^™' they will have to produce their witnesses ; the Commissioner or """■"""" Commissioners missiouers. 8 Cap. 14. Common School Laws^ L. C. 19 Vict. Commissioners shall swear the witnesses, and are hereby authorized to that effect, and the evidence shall be taken by such Commissioner or Commissioners and afterwards trans- mitted by him or them to the Recording Clerk, who shall lay it before the Council. If the Teacher If the Teacher do not appear, and neglect to answer the make default, charge, the Council shall proceed by default against him, and shall receive and take the evidence, or cause it to be received and taken, in the manner above provided. Proceedings if If the charge be not proved, the Council shall dismiss it, and the charge be if it be proved, the Council shall order as a penalty that the provevemor in t that the mtures or reof shall ' the said cy, out of hich sum >ropriated I shall fall such sum thousand of Lower year, as I the Go- be annu- >r Lower versities, Schools, than the jportions •ve ; and I by the the said ispective VL 1856. Normal School^^ L. C. Cap. 54. 11 VL If in any one year the whole of said Income Fund be not Balance of In- apportioned, the balance not distributed shall remain for further ^"»"'* (>f »ny). distribution as is before provided, or shall, if the Governor shall appliS. * so direct, be invested, and the income or the interest of the investment shall be added to the said Income Fund, and the principal shall form part of the said Investment Fund. VII. Graats to be made under this Act out of the said Income Grants from Fund shairSe for the year only, and not permanent ; and the J""i<""e Fund Governor in Council may attach to such grants any conditions and majTbe' which may be deemed advantageous for the furtherance of Su- conditional. perior Education. VIII. No grant shall be made to any Educational Institution Certain Instl- not actually in operation, nor to any Institution owning real n"o'"ya/° ^''^^ estate, whose liabilities shall exceed two thirds of the value of such real estate. r//A^^ '^^ ¥fC€