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41
^ —^ : — r
SCHOOL LAW LECTURES— PART I.
THE
LAW AND OFFICIAL REGULATIONS
RKI.ATINO TO
PUBLIC SCHOOL TRUSTEES
IN
RURAL SECTIONS,
AND TO
PUBLIC SCHOOL TEACIIEES
(INCLUDING DECISIONS OF THE SUPERIOR COURTS THEREON, ;
f
AS PRESCRIBED FOR
SECOND AND THIRD CLASS
PROVINCIAL AND COUNTY CERTIFICATES
OF QUALIFICATION.
BEING THE SUBSTANCE OF LECTURES TO NORMAL SCHOOL STULiENTS
BV
J. GEORGE HODGINS, LL.D., Barnster-at-Law,
Deputy SuptrintenJtHt of Education /or Ontario.
;$
TORONTO:
COPP. CLARK & CO., 17 & 19 KING STREET EAST.
1872.
f-
♦ .
SCHOOL LAW LECTURES— PART T.
'1- 1 1 !•;
LAW AND OFFICIAL REGULATIONS
RF.I.ATP.T, TO
PUBLIC SCHOOL TRUSTEES
RURAL S I : C T I O N S ,
AND To
PUBLTC SCHOOL TEACHERS
(INCLUDING DKCISIONS OP I'Hr: SrPF.RIOR COrRTS THKREON' :
A'-. I'lil'MlilllRI) lOU
SI'XOXl) A\T) TfllRI) CLASS
PROVINCIAL AND COUNTY CERTIFICATES
111' (,)IAI,I1MC ATIDN.
KF.INO THF SrnSTANCK OF l.F.l rri;KS TO NORMAL SCilOOL STUDENTS
HV
J. GRORC.i: HODCrlNS. 1,L.])., n^vristrr-at-Lau;
Deputy SiipeiintcuJciit of Education for Ontario.
T O R C) \ r O :
("Orr. CLARK \- CO., 17 .^- 19 \k\\(\ street 1: VST,
1872.
Entered acconliiif; \o Act of the rarliamcnt of Cnnadrt, in llio year
one tliousand ei.i;lit hundred and s(■\■enty-t^\o, hy JoilN (iKORC.K
IIoDc.lNS, LL.l)., liavrisier-nt-I-aw, in llie Office of the Minister
of Agriculture.
PilEFATOKY NOTE.
The K''C'it clifticiilty wliich iruslcrs, touchers ami others connectccl with
the public schools experience in unclerstantlin^ the precise meaning of
the technical and fonnal words of the Statute Law, has induced nic to
prepare in this popular form the various proviiiions of the School Law.
The work itself is a reproduction in a connected form of a course of
lectures, which I have for some time graluitously delivered, with more or
less variation, to the students of the Normal School. Mj- object has been
to give, as far as possible, in familiar larguage, the substance and pith of
the School Law and Regulations, together with the decisions of the supe-
rior courts on various points. I have \ery rarely given the ipsissima verba
of the Statutes, since they are, as a general rule, so purely technical and
formal, that without explanation they are not so easy to understand.
Our Public School Acts and Regulations, (Jv:c., may now, in their present
form, be regarded in the light of a school code. This code embraces the
following statutes, regulations and decisions :
1. The original School Law of 1850, (embodying, with additions, the
main feature^> of the School Laws of 1841, 1846 and 1847).
2. The .School Law Amendment Act of i860.
3. The School Law Improvement Act of 1871.
4. The (^fticial (Recommendatory) Regulations of 1871.
5. The School Law Decisions of the Superior Courts.
6. The Official Decisions of the Education Department.
I have endeavored in this portion of my lectures to gi\e the substance
of the three School Acts, so far as they relate to the powers and duties of
public school trustees in rural sections, —including the law relating to
public school meetings and trustee elections, as well as the law and regu-
lations alTecting public school teachers, — their qualifications and duties.
One of the qualifications now very properly required of each candidate
for a certificate as a Public School Teacher, is a knowledge of certain
portions of the School Law, etc. With a view to aid those who attend
the Normal School to obtain this infonnation, the Council of Public In-
struction appointed me in 1866 to deliver a course of lectures on the sub-
IV I'KKl'ATOUV XOTIC.
jcct ciich scsbiuii to ihc students of lli;it iiistiuuiun. The small salary
atlaclicd to tin. lectureship was (liscontiiuicd by the (ioveniinent in 1868,
but I have, nevertlieless, eniuimied to deh\er tliese lectures gratuitously
to the students. It h;is occurred to nie, however, that as many candidates
for certificates do not attend the Normal Scliool, they would be placed at.
a great disadvantage in competing for certificates with Normal School
students, unless they could obtain the s.ime information as these students
on a subject so technical in many of its features as the School Law.
I have, therefore, proposed to supply this information in this form.
I intend shortly to issue in the same form lectures on the remaining
portions of the ;■'. hool Law and Regulations relating to municipal coun-
cils, city ar.d town boards of trustees, inspectors, etc., as prescribed for
teachers' tirst-class certificates.
J. (;. 11.
Toronto, February, 1S72.
PEELIMOTAKY EEMAEKS
IN
REGARD TO THE OFFICE OF TRUSTEE
NoTH.— 'I'hcre are certain e«iuitable principles which appl;.' to the trustees anil their office, (xome
of which do not arise inulcr the School Law,) to which it is proper to refer in this introductory
part of my lectures as fnllows :--
I. A tntstct: dcjiiud. A trustee niuy be rcgiirdcd as a person to whom
money, or other property or vahiables, is entrusted to expend or manage,
under certain rules or directions, for the use or benefit of another party.
z. What a trustee is expected to do -Aw the discharge of his duties, a
trustee is iec|uired to use the customary care and dihgencc usually exer-
cised by a man of ordinary prudence and \igilancc in the management of
his own affairs.
3. Responsibilities of a trustee.- A trustee is responsible :
(A.)- For his own acts, and for the acts of his colleagues done with his
knowledge.
(H.)- For all breaches of trust or defaults committed by himself, or by
his colleagues, to which he is privy, or in which he expressly, or tacitly
acquiesces, or which would not have happened but for his own negligence,
act or default.
(C.) — (Under the School Law) a trustee is personally responsible for
neglect of duty, refusal to act, when lawfully required to do so, or for loss
of money, through his wilful act, negligence or carelessness.
4. WluU a trustee can do. -He may, with the consent of his colleagues:
(A.) — Defray out of the trust fund expenses legitimately and properly
incurred. (See Decisions of the Courts, page 15 — (10) on page 32.)
(B.) — (Under the School Law) — Receive remuneration as collector of
school rates.
(C.)— (Under the School Law) — Receive payment for a school site.
5. What a trustee cannot do. — Unless modified by Statute, or other
authoritative direction, a trustee cannot lawfully:
(A.) — Receive, even with the consent of his colleagues, any salary or
remuneration for his services.
(B.) — Make any personal profit out of the trust.
(C.) — Mix up trust money or accounts with his own.
(D.)— (Under the School Law) — Enter into a contract with, or have a
pecuniary claim (except in two instances ; see above) on the corporation
of which he is a member.
CONTENTS.
PRKFATOin- NOTK.
I'RKI.IMINAKY KK.MAKKS IN KI.<;AKI) H > IIIK (lIKK K OT IKI STF.E.
I, A Trustee dcHncd. 2. What a Trustee is expected to do. 3. Res-
ponsibilities of a Trustee. 4. What a Trustee cannot do. 5. What a
Trustee can do. 6,
CHAPTER I.
rilK UKKICK OK TRISIKK.
r. Who nuy be a Fubhc .School Trustee. ::. Who iiKiv not be a
Trustee. 3. How the Office of Trustee may be \ acated. 4. Declaration
of office. 5. Term of office. 6. Trustees in altered sections. 7. Power
of retiring Trustee. 8. Personal liabiUty of 'i'rustees. y. Decisions of
the Superior Courts on the subject.
CHAPTER II.
I'OWKRS AM) Dl'TIES OK 'IRl .iTKKS.
I. Trustees to be a Corporation. 2. Powers and lialjiHiics of a Corpo-
ration. 3. Decisions of the .Superior Courts in regard to School Trustees.
4. Duty of Trustees in regard to a school site. 5. Trustees to accjuire
and hold school property. 6. Necessity of a deed for scliool site-
Form of deed. 7. Registration of School title. S. When Trustees may
sell School site or other properly. 9. What constitutes " adcc(uate School
accommodation" - (General directions to Trustees. 10. Erection of a
School-house, Teacher's residence, &.c. ti. Use of School-house. 12.
Duty of Trustees in regard to care and repair of School-house. 13. Deci-
sions of the Superior Courts in regard to School sites. 14. Right of
Trustees in regard to Teacher, apparatus, books, &c. 15. Who shall
determine the expenses of the .School. 16. Free Public School Library.
I/. Who have a right to attO"d School. 18. Authorized text-books to
be used. 19. Trustees' visitation of Schools. 20. Second, or Female
School. 21. Duty of Trustees and Teacher to report. 32. Orders to
qualified Teachers only.
CHAPTER III.
POWERS AM) DUTIES UK A SIXRKTARV-TREASURER AM) COI.I.KcruR.
I. Appointment and duties of Secretary-Treasurer. 2. Penalty on
Secretary-Treasurer and Trustee for refusing to account. 3. Action of
Trustees against Secretary-Treasurer. 4. Appointment and duties of
School Collectors — Form of bond of Collector and Secretary-Treasurer.
CONTRNTS. VP
5. School rate roll and warrant— Form of rate roll and warrant. 6. For
what a School rate may and, 7, may not be collected. «. Township
Assoss()r'^> and Collector's rolls. 9. How the 'rrustccs must be guided in
makinjj out their roll. 10. Powers, duties and liabilities of .School Col
lectors, ri. Decisions of the Superior Courts in regard to School rates
and Collectors. 12. Application to 'I'ownship Council to collect rates.
13. Township Council required to raise money for Trustees.
CHAPTER IV.
TIIK \.\\\' KKl.ATINC. TO NON-RKSIDENTS.
I. A Resident detined. 2. A Non-resident defined. 3. Non-residents
liable in their on n section. 4. Rights of Non-residents. 5. Restricted
authority of Trustees. 6. Definition of the Lands of Non-residents.
7. Unoccupied land, but ow ner known. <S. Owner non-resident and un-
known. 9. How to collect rales from non-residents. 10. Decision of
the Courts in re;;ard to Non-resident rates.
CHAPTER V.
SCIIOOr. SKCTION AUDITORS— ACCOU.NTAim.nY OF TRl'STKES.
I. When, and by whom, must School Auditors be appointed. 2. Audi-
tors' time of meeting. 3. Object of the audit. 4. Duration of the audit.
5. When, and to whom, is the Auditor's report to be presented. 6. Au-
thority of the Auditors. 7, 8. Obligation on Trustees and others in
regard to the audit. 9. Responsibility for lost moneys. 10. Lawfulness
or e\|)edieiicy of 'I'rustecs' expenditures, il. What are lawful expendi-
tures. 12. .Summary in regard to School Section accounts. 13. Sum-
mary of duties of Trustees.
CHAPTER VL
IMIU.IC SCIIOOI, MKF.TIXGS.
I. Day of Annual Meeting. 2. Public Notice of Meeting. 3. Who
are School Electors. 4. Declaration of Electors. 5. Appointment of
Chairman and Secretary. 6. Duties of Chairman. 7. Duties of Sec-
retaiy. 8. Prescribed Order of Husiness. 9. Rules to be observed.
10. (Optional Rules. 11. Business of the Annual Meeting. 12. Trustees
and Auditors' Report. 13. Who may be a Trustee? 14. M#des of
'irustcc Election. 15. Con. plaints to the Inspector. 16. Appeals to the
Chief Superintendent. 17. Special School Meetings. 18. What a
Special Meeting can do. 19. What a School Meeting cannot do.
CHAPTER VII.
SKl.ECTION OK SCIIOOI. SITES.
I. When a School Site must be chosen. 2. Joint action of Trustees
and Rate-payers necessary. 3. When a meeting cannot be adjourned
without appointing Arbitrators. 4. Remedy in case of failure to call a
Meeting or appoint an Arbitrator. 5. Remedy in case an Arbitrator
refuses to act. 6. Power of the Arbitrators — Kind of site to be selected.
7, "Making" and "Publishing" an award. 8. Summary of General Rules
in regard to Arbitration. 9. Power of and restrictions in School Meet-
ings in regard to "awaids." 10. Power of Trustees in regard to enlarging
Vlii CONTENTS.
a School site. ii. Sale or exchange of the old site. 12. Owner of l.-ind
must cither sell it, or submit the matter to arbitration. 13. Power and
privilege of the owner only relate to a new and not to an old School site.
14. Township Councils may purchase School sites. 15. Decisions of the
Superior Courts in regard to School sites.
CHAPTER VII I.
rUllMC SCIIOOI, TKACHERS.
I. What constitutes a Public School teacher. 2. Who cannot be a
Public School ♦eacher. 3. Assistant teachers. . 4. Who shall be the
master of a Public School. 5. (leneral powers of tlie Master. 6. Disci-
pline in the School — Authority over Pupils. 7. Duties of Masters and
Teachers in regard to government. 8. Duties of Masters and Teachers
in regard to teaching, 9. in regard to School premises. 10. in regard to
Library, Register and Reports. 1 1. in regard to absence, sickness,
visiting, visitors, presents. Teachers' meeting. 12. Decisions of the
Courts in regard Teachers.
CHAPTER IX.
RKLATlON or [NSPKCTORS TO IMUMC SCIIOOI. TKACHERS.
I. Power and duty of an Inspector. 2. Visitation of Schools. 3. Au-
thority of an Inspector in a .School. 4. Procedure in visitation. 5. Inter-
course with Teachers and Pupils. 6. .See to attendance at School.
7. Teachers visiting other .Schools. 8. Payments to Superannuation Fund.
'9. Cheques to Teachers. 10. Granting Special Certificates. 11. Suspen-
sion of Certificates. 12. Verify attendance of Pupils. 13. Check .against
incorrect returns.
CHAPTER X.
DUTIES OF rvi'ii.s IN' TiiK. rrni.ic sriior>T.s.
CHAPTER XI.
TERMS AND VACATIONS IN TIIK millC SriinOIS.
CHAPTER Xll.
PROGRAMME FOR THE IXAMINATION AND CI^SSIFICAJION OF ITIJIK
.SCHOOL TEACHERS*
I. Conditions required of Candidates. 2. Value and dur.ation of Certi-
ficates. 3. Qualifications of Third-class Teachers. 4. Qualifications of
Second-class Teachers. 5. Additional for Special Agricultural Certifi-
cates. 6. Qualifications of First-class Teachers.
CHAPTER XIII,
REGULATIONS IN REGARD TO THE SIPERANNUATION FUND.
■ « >
SCHOOL LAW
RELATING TO TRUSTEES IN RURAL SECTIONS.
CHAPTKR I.
THE OFFICE OF TRUSTEE.
Section 1. Who may be a Public School Trustee-
Any assessed freeholder, or lioiiseholder, i-esideiit in a pulilic school
section, may be elected a trusti^e of such section.
2.— Who may not be a Public School Trustee.
Th(! law exclndes the following i)erHons from the office of school
ti'iistee : —
{A.) A nou-i"esideiit. ;
(JJ.) A resident who is not an assessed ratt^payer.
(('.) An ins])ector of public schools.
(/>.) A teachtM' in a high or jiublic sch(»ol.
3- The Office of School Trustee may be Vacated as follows:
(.1.) Bi/ ref'tisal to act, and payment oi Jim dollars, as a penalty for
such refusal, immediately aftei- (flection to office.
(/>.) II n resi(/)mtlou, with the ctmsent, in wiiting, of his colleagues,
and of the inspector of public schools.
(C.) Keijlect to iiiake Verbal Declaration. — On being fined tioenti/
dollars by a magisti*ate for neglect, oi- refusal to make a verbal de-
(rlai-ation of office before the chairman of the school meeting, within
two weeks after election.
Note. — The declaration of office, if made at any time i)efore being summoned
before a magistrate, njay be held to rebut the " evidence of refusal to .serve "a.s
trustee. (For powers of trustee-elect, before being fined for not making the
declaration of otfice, see cliapter on "/'///>//'(■ StZ/oo/ Jlll'eiiuj^^s.")
(D.) Neglect of Duty.— On being fined twenty dollars for neglect-
ing or refusing to pei-fonn the duties of his office — not having, on
:, ^0 . '
his election (as in A, iibovo), refused to accept office, and piiid tlie*
pi-escribed j)enalty ot\fin' dollai-s for sncli n^fusiU.
(fiJ.) lieinoml. — By actual removal from the section.
(F.) XoH- Residence. — By six months' continuous non-residence.
'Note. — Tlie distinction Ijctwcen these two latter cases is this — that in the one
case the office is vacated immediately on the removal of the trustee's residence
or domicile from the section : in the other, the individual tnistec must he absent
iix months consecutively from the section (while his residence or domicile vtill
remains in it) before his oflice is vacated.
((f.) Ontifbh the JioniKfaridK. — t)n being phumi outside the section
boundaries by reason of their alteration. (See section G, below.)
4.- Verbal Declaration of OiUce required to be made.
Within two weeks after his election, the new trustee is j*e(]tiired
to make the following verbal declaration of offict^, in presence of the
chairman of the school meeting: —
" I will truly and faithfully, to th<' best of my judgmtMit and al)ility,
"discharge the duties of the office of school trustee, to whicli I have
" been elected."
NoTK. — If 'tic chairman himselfbe clecteil trustee, he is re(|uired to make the
foregoing declaration of oflice in presence of the secretary of the school meeting.
In case of neglect or refusal to dc) so —in eitiier case — the tnistee elect subjects
himself to a tine of hventy dollars, to lie recovered before a magistiatc, for the
benefit of the section. Immediately on the imposition of this fine the oflice is
vacated, and a \\v:\\ election should be held, but, in the meantime, the hoiia fuir
acts of the trustee (if he should perform any) are buiding upon the section. (Sec
note to (6'.) of section 3, and note to section 6.)
5.— Trustee's Three Years' Term of Office.
Each trustee holds office for three, yeai-s, aiwl until his succ(vssor is
elected. This rule does not iil>ply to the second and third tru.stees elected
at a first school meeting in a section. One of these trustees (the second
elected) holds office foi* two years, and the other (the third elected)
for one year, and, in all cases, until their successoi-s are elected.
NoTK. — After serving his full tmi, a tnistee cannot be compelled to act as
trustee until after the e.xpiration of four years ; but he may, with his consent, be
re-elected. This privilege docs not extend to a pei^son who declines to act as
trustee, and pays the fine oi Jive dollars for non-service. Such a person may be
elected to fill the next succeeding vacancy, but may again decline to serve, on
payment oifive dollars, as before.
6.— Who are the Trustees of altered School Sections-
That pai-t of a divided or altered section, in which the .sc1kx>1-
house of the section continues to Ije situated, is held to be the
old or original section. The trustees who live in this part i-emain
the lawfid trustees of the section, and oidy go out of office on the
exi)iration of their term of service. Those only who, by the altei-a-
tion, are placed outside of the new bovnidaries, oeaiie to be tnistees
when the alteration takes eftect. (As to a new election, see "Note,")
Tims, the Court of Comuion Pl(;a.s has decided that alterations in
the bouiidanes of a school section, or tho change of many ff the nite-
payei-H originally taken, did not relieve the trustees of the .•es])onHi-
i>ility of j)aying a just debt due by the original section befoi-e any
alter-ition was nuide. (See decision (4), section 13, of chapter II,)
NoiK. — As a general nile, it is scarcely worth while to anticipate the an:iual
meeting, and elect a trustee or trustees in place of the one (or two) who may cease
to hold office on the 25th Deeemlier, by reason of noii-r^-sidence, caused by bijinij
placed outside the new boundaries, a.v explained above. The remaining trustee
or trustees (as well as the secretary or inspector) can give notice of the annual
school meeting. Should, however, an election be held before tlie annual meeting,
another election must be held on the secoml Wednesday in January, to fill up'
the usual vacancy caused by the retiring trustee.
7.— Power of the Retiring Trustee at the Close of his Term.
The restriction on the power of thi; '' retiring trustee," at the close
of his term of oftice, having been removed by the School Act of 1871,
lie has now ecjual ])ower and authority with either of his colleagues,
up to the day of his leaving office.
8.— Personal Liability of Trustees— How it arises.
The pei-sonal responsibility of trustees arises in various ways, (under
the School Acts and Regulations), among others, as follows: —
(A.) For neglect to keep open a school during the whole school year,.^^
and the consequent loss of any jiai"t of the school fund to the section.
(Ji.) For loss, in consequence of neglect to take security from their
secretary -treiusurer, or collector.
(6'.) Neglect to transact ti'ust<w business, or authorize contracts,,
at trus^^ee meetings, pro))erly called. .,
NoTK. — Trustees are, of course, free to converse at pleasure with each other,
and informally to agree on any school business; but the law declares that "No-
act or proceeding of a school corporation shall be deemed valid or binding on
any party, which is not adopted at a regular or special meeting [of the Corpora-
tion] of which notice shall be given [personally or in wrilingj to all the trustees
by the secretary, or by one of the trustees." Thus, if a-verbal contract or agree-
ment is made by two Trustees, with other parties acting in good faith, without the
knowledge of the other trustee, such agreement or understanding would not bind
the corjjoralion, but only the individual trustees who entered into it. It is also
doubtful whether such an agreement or understanding could be enforced under
the statute against the third party, although it might be enforced against the
trustees who made it in violation of the express jirovisions of the Act. It is, of
course, a question whether a contract signed by two trustees, and sealed with the
corporate seal, could not be enforced against me corporation ; at all events, it is
presumed that it could be enforced against the individual trustees who knowingly
entered into it without the knowledge of their colleague. This rule does not apply
to minor purchases, or unimportant orders for work required to be done for the
corporation, and involving a small outlay. In such cases tmstees should authorize
one of themselves, or their secretary, to attend to such matters on their behalf. No
trustee (as we have shown) can enter into a contract with the corporation of which
he is a member, or have any [)ecuniary claim on it, except for a school site, or as
collector of school-rates, when duly appointed by his colleagues. No act of the
school corporation requires llic assent, or, necessarily, the presence, of each indi-
vidual trustee. It is cno'.igli that the three trustees have been individually notified
of the tnistce-meetinjr, and that a majority of the three trustees thus notificil
concure in the aet itself. The following decisions of the Superior Courts sustain
this view : —
(1.) Tivo School Trustees can cuter intoa Contract a^^alust the •d<ishcs of a third. —
The Court of Common I'leas has decided that a contract entered into by two
trustees under the School Acts, with tiie corjioraic seal attached, is sufficient ; and
a plea that it was sif^ned by the two subscrihinji trustees without the consent or
approbation of the third, was held to be bad. — Forbes v. Trustees No. 8, Plynipton.
8 C. P. K. «77.
(2.) But two Trustees cannot act liuthoiit eonsultiit}:; a third, -'['h^i Court of
Queen's Hench has decided that two of the Trustees of a school are not comjietent
to act in all cases without consulting a third, and giving him an o])portunity of
uniting in or opjiosing the acts of his colleagues.— t^;-;- v. Ranuey et al. No. 15,
Westminster. 12 Q. 15. R. 377. (See decisions in section 13, chapter IF.)
(/>.) For wilful ne.(/feH ov refusal "to exorcise all the corporate
"powei-s vested iti them for tlu; ftilHliiieiit of any contract or agroe-
"meiit made by them." (See next .s(!ction, !).)
(E.) Declaration of Office — Dafi/.—Fov refusal or ne<^lect to make
the declaration of office, or to perform their lawful duties after having
accepted office, a line of tiveiUi/ dolhirs may hi\ ciil'oiced hy a magis-
trate. (8e»i wetion 4 of this chai)ter.)
(F.) Notes of llauil.—Yov all notes of hand, even for a lawful
purpo.se, wliich they may sign.
NoTl'.. — The signature of two or more trustees to notes f)f hand, and even the
affixing to them of the corporate seal, do not necessarily relieve individual trustees of
personal responsibility in regard to them, or give lo such notes a corporate charac-
ter. (See section 3, chapter II.) The School Law does not authorize or require
trustees to give promissory notes of hand. It is silent on the subject ; but it gives
them ample powers at all times to jirocure by rate, imposed by themselves, or by
the township council; such money as they may rei|uire. ll is, therefore, no part
of their duty as tnistees to give promissory notes. If they do so, the individual
members of the corporation who sign them are /^ri ma facie personally responsible
for their payment, and they- cannot bin<l the corporation by such note of hand,
even should they affix to it their corporate seal. Trustees who reipiire to borrow
money for school purposes can only do so witli the consent of the ratepayers, and
by permission of the municipal council ; and the council is alone authorize<l to pro-
vide for the repayment of such borrowed money. The only apparent exception to
this gencial nde is contained in the 276th section of the Municipal Institutions Act.
This section authorizes the trustees, with the consent of the ratepayers of their
section, as "obtained at a special meeting," to borrow from a municipal council
.surplus clergy reserve money for the sole purpose of paying for a school-site, or for
erecting a school-house. The authority of the ratepayers to borrow the money,
as well as the terms agreed upon, and rate of interest, must be embodied in a
by-law of the trustee corporation, but the law says nothing of notes of hand or
debentures — simply a "by-law." (See di'-inion 8 of the Courts, section 5,
chapter in.)
(6r.) Unqualified Teachers. — For the salaiy of tetichei-s, or assistants,
^employed V)y tliem), who do not jjossess legtil certificates of cpialilica-
tion duiing the whole period of theii* engttgement. (See chapter
IX.)
(//.) Refusal to aecmint. — For their own refusal, or that of their •
aecretary (on their belialf) to furnish either of tlie school section
13
auditors with the papers or information in their possession, or within
their jiirisdiction, relative to their seliool iiccomits. (See chapter V.)
(/.) Account /or Afoneyx. — For negh'ct, or refusal, to account to
competent authority for school moneys or other school pro{)erty
entrusted to thciu, or in their possession. (See chapter V.)
(./.) Neylect of /\'cf/itf(dtont<. — b'or loss to the section of any portion
of the Lejnrislati ^e j^raut (or coimty assessment), in consecpience of
their refusal to conduct l-heir school according to the lawful official
regidations (which have the force of law). . -
(K.) Further I'emilties for Neylect of Dutif: —
(1.) Twcutji doUai-s for making a false return to the Inspector.
(2.) Fit>e (loUai-s for every week of delay in forwarding their
annual repm't to the Insjtector.
(3). Five doUai-s for ueghict in not calling annual or other
necessary school meetings.
9— Decisions of the Superior Courts as to the Personal
Liability of Trustees-
(l.) Persoual Liability ou nci^Lrt or refusal to exercise their Corporate pmvers. —
The Court of Queen's Hencli has decided as follows, in a case where a mandamus
nisi having been issued to school trustees to levy the amount of a judgment obtained
against them, no return was made, and a nde nisi for an attachment issued. In
answer to this nde, one trustee sw(jre that he always had been and still was desirous
to obey the writ, and had re[)eate(lly asked the others to join him in levying the 4
rate, but that they had refusecl. Another swore that owing to ill-health, with the
consent of his co-tnistees and the local superintendent, he had resigned his office
before the writ was granted. The court, under these circumstances, discharged the
rule nisi as against these two, on payment of costs of the application, and granted
an attachment against the other trustee, who had taken no notice either of the
mandamus or nde. —Re'^iua v. Trustees of School Section No. 1 7, Tycndinaga.
20 Q. IJ. R. 528.
(2 ) The Court of Queen's Bench has deci<led, that, as by the [truentieth^ clause
of the \hventy-snienth\ section of the Consolidated School Act, the trustees can
only be personally liable when they have wilfully neglected or refused to exercise
their corporate powers ; such neglect or refusal should have been alleged and shown
in the award, to warrant its directions to levy on the trustees personally. — Kennedy
V. Ihirness et al.. No. 5, Oneida. 1$ Q. B. R. 473.
(3.) Ncf^lect of Jrustecs to exercise their Corporate Pirdvrs must be prcn'ed. — The
Court of Common I'leas also decided another similar case as follows : — In an action
of replevin for goods of school tnistees distrained under an award for the salary of
a school teacher, declaring the trustees individually liable on the ground " that the
trustees did not exercise all the corporate powers vesteil in them by the School
Acts for the due fulfilment of the contract" made by them with such teacher. Held,
that the award as evidence tlid not sup]5ort pleas which averred as required by the
[tioentieth}^ clause of the \hi<rnly-seTenth\ section of the Consolidated School Act, a
wilful neglect or refusal by the trustees to exercise their corporate powers as the
ground for making them personally liable. 2. That, on the facts, the defendants
as tnistees were not personally liable, the award ascertaining for the first time the
exact amount due to the teacher, and declaring the tnistees personally liable
without giving them any opportunty to exercise their corporate powers to raise the ■
money to pay it, — A'ennedy v. Hall et al., /Vo. j, Oneida. 7 C. P. R. 218.
Note. — An award for a teacher's salary cannot nov be made. All salary disputes with teachers
must be settled iu the Divisiuu Cuurts.
.14
(4.) The srtinc Court has decided tliat wlierc tiiisiLCs become personally liable
under the statute, it is necessary to show that tlure lias been scne adjudication of
the (iicl of wilful neglect or refusal to exercisi- the corporate powers vested in ti.em
for the fulfilment of any contract or ajjreenient made by them, before such
liability can be enforced. — A'(f//«it^' V. Miuklciii d al. C P. R. 192.
(5.) When }\rM<ual Liability of 'J'nistcc arises. — 'Vlie Court of (Queen's Ilench
has decided that trustees cannot be held liable unless they wilfully nej^lect to do
their duty : not where they decline in g()o<l faitli to exercise their corporate ])owers,
on account of any iloubt or legal difTiculty which they suppose to exist. — Vanliinrn
V. Bull it al. .Vu. 2, Jiuiinloii. U) (). 15. K. 633.
CIIAPTEIJ II.
rOWKRS AND DUTIES OF TRUSTEKS.
I. — (iENKRAIi ('((Kl'OHATK PoWKHS.
1.- Rural Trustees to be a School Corporation.
The law (Icdart'S tlijit " the 'riustccs in cacli scliool scc;ti()ii sliall lui a
•coi-ponitioii, imdor tlic name of Thr Pi(hlir Sc.IiodI. TnistccH of Seetloih
J^o. — , in the Toioiif</i!/> «/' , iit fJn' ('.)iuif[i 0/ . And
no such corporation sliall cease i)y reason of" want of trustees; l)ut in
cjuse of such want [the ins|H'ct()r or] any two assessed freeholders or
householdei's of the section may, l»y giving <!//.»• days' notice, * * *
call a meeting of the assessed fr<'eholders or householders, who shall
proceed to elect th !•<■(> trustees; * * "' and the trustee„s thus
elected shall hold, and retire from, otlice in the mannei' prescrilKjd, for
trustees."
2.--6eneral Powers and Liabilities of a Corporation.
The Consolidated Cleneral Interpretation Act further declai-es that
" Words making any association oi- numher of persons a corjioration,
or body jnditic a,nd corporate, shall vest in such corporation power to
sue and lie sued, contract and be contracUnl with, by their corporate
name; to have a. common seal,* and to alter or chang(! the same at
ploiusiu'e, and to have [)erpetual succession, and power to acciuire and
hold pei-Konal property and nio\(;ables for thc^ i)ur])0.ses for which the
co)-poration is constituted, and to alienate th(^ same at jilea.sure;
and shall also vest in any majority of tla; iru'udiers of the coi-poration,
the power to bind tin; others by their acts; and shall exempt the
individual members of the cor))oration from jtersonal liability for its
* A corporation beinn an invisible body, cannot manifest its will by oral comniunicaiion : a
jiecuiiar mode bas therefore been devised for the authentic expression of its intention^ — namely,
the affixing of its common seal ; and it is held that though the particular members may express
their private consent by words or signing their names, yet this docs not bind the corporption ; it
is the fixing of the seal, and that only, which iniilcK the several assents of the individuals com-
posing it, and mr.kes one joint assent cjf the wholt. Smit/i's MeraiHtile Law, U. /, Chap. 4,
ilebts or obli^atioim oi- iu;tH, provided tlicy do not coutnivonc th(5 Act
incorpoi'iitinjj tlieiii; — But no corjioi-iition sliall cany on the busiueHS
of biinkinf^ [i.e.. taking or isHuing promissory notes, itc], unless wIkmi
sijch j»o\voi' is expressly conferred on tlieni by Statute. »See '■'■ ])eclsioti8
ofCoartu" next section (1).
3. Decisions of the Superior Courts with regard to School
Trustee Corporations.
(l.) Ciniiliitioii of School Orders on 'J'rcasiircr an Acl of liaiikbii^ contrary to
Law. C'liicf Juslicc Draper thus condemns unaulhuri/ed acts of banking on the
part of corporation. lie says: "The evidence i;iven at this trial shows that a
practice liad jjrown \\\i for the defendants to j;ive orders on their treasurer, which,
w lien he had accepted iheni, j^ot into circulation, anil at hist found their way into
the collector's hands, i i payment of taxes. Such a practice seems to me at vari-
ance with the spirit, '.f not the intention, of the Consolidated Municipal Act,
which enacts that no council shall act as a hanker, or issue any bond, bill, note,
debenture, or other undertakinj^ of any kind, or in any form of the nature of a
liank-hill or note, or intended to form a circulatiii}^ medium, or to pass as money;
and any bond, bill, note, debenture, or other undert.iUin;.; issued in contravention
of this section shall be void. — In re A/nnson v. the J/iinicipality of Colliuj^Xi'ood.
9 C. v. R. 497.
(2.) ./ Corporation a;^grcf;atc is not fionnJ to appear as ll'itncssrs in Conrt, Intt its
fndividnal Mcnihcrs may Iw siiffaiiatd.--'Vhii Court of Common Pleas has decided
that a cor[)oration aj^j^rejjate is not bound to .ippear at the trial as witnesses, under
a notice served on its attorney under the Consolidated Statute 22 Vict., chap. 32,
sec. 15. If the individual members are re(|uired to ap[)ear, ihey must be individually
subjxjL'naed. — Trustees Afo. 2, J)ninoie/i v. MeBeatli, 4 C. 1'. K. 228.
(3. ) Tioo School Trnstees can enter into a Contract against the ~,eislies of a third. —
The Court of Conuuon JMeas has decided that a contract entered into by two
trustees under the .School Acts, with the corporate seal attached, is sufficient, and
a plea that it is sijjned by the t\No subscribing tnistecs, without the consent or
approl)ation of the third [but not without his knowledge,] was held io be bad. — •
Forties \. 'J'rnstces, iVo. i, P/ymfton. S C. I'. R. 74. (See next decision.)
(4.) Jhit two Trustees cannot act without consulting a third. ~-Thc Court of
(Queen's Hench has decided that two of the trustees of a school are not competent to
act in all cases without consulting the third, and giving him an o)>portunity of
uniting in or opposing the acts of his colleagues. — Ranney et at. N'o. 15 West-
minster. 12 (^. H, R. 377.
(5.) .'/ 'JVustee, when sued for a Corporate Act entitled to Notice of Action. — The
Court of Common Pleas has decided, in a case of alleged trespass under a warrant,
that a school tnistee who is sued for any act done in his corporate capacity, is
entitled to notice of .action, and that the actit)n must be brought within six months;
and that a school tnistec, acting in the discharge of his duty as such, is entitled to
the protection of, and ctnnes within the Consolidated Statute, 22 Vict., chap. 126,
notwithstanding he should have signed a warrant individually, instead of in his
corporate capacity. — Spry v. Munby et al.. No. if, Kawdon. il C. P. R. 285.
(6.) Protection of Trustees, Collectors, and other lawful .School Officers. — The
following are the provisions of the act for the i)roleclion of magistrates and others,
to which the judge in the foregoing decisions referred.,
Sec. I. Every action brought against any Justice of the Peace for any act done
by him in the execution of his duty as such Justice, with respect to any matter
within his jurisdictiou as said Justice, or against any other officer or person fulfilliiig
■any public duty, for anything by him done in the performance of such puldie duly
[inteiprclc<l by the court in the foregoing case (i I C. P, R. 285) to apply to scliool
trustees and to collectors of sclujol rates, when acting under tlie trustees' lawful
warrant] whether any of such duties arise out of the common law or be imposed
by Act of rarliarnent, either Imperial or Provincial, shall bean action on the case
ns for a tort, and in the declaration it shall be expressly alleged that such act was
done maliciously and without reasonable and probable cause ; and if at the trial
of any such action, up6n the general issue pleadetl, the piainlifT fails to prove
such allegation, he shall be non-suite<l, or a venlict shall be given for defen-
Sec. 20. So far as aj>plical)le, the whole of this Act shall apply for the orotection
of every officer and person mentione<l in the first section hereof, for anything done
in the execution of hisofl'ice, as therein expressed.
NoTK. — The /7<r//'W// section of the School I.;iw Ameiidtiicnt Act of i860, .ilso proN ides th.it
" 'I'nistees sh.ill not be M.-ible to ;in v prosecution, or the payment of any duniugC!. for ucting iinJci
any byelaw of a municipal Council before it has been t|nashed."
II. — P0Wli:KS AND Dl'TlKS OF TrUSTi-^ES IN AEUAllU TO THK SiTK
AND 8i;itOOt.-H(>lSK.
4. —Duty of Trustees in regard to the Site of a School-House-
Iiv any school section, should a n«w school site Ih^ (IociikhI tlosirahle,
the trustees,, or tlic County InsjKictoi- shall call a school niomtinjj; to
•leciile the tjuestion. Should a difterence of opinion aiise hetwtn^n a
majority of the trtistees and the rate|)ayers on the subject, the matter
must he referred to arbitration, as exjdained in the chapters relating
to " School Meetings," and " School Sitt^s," hut the trustees alone
have the legal right to decidt^ upon tht* size or enlargement of a school
site, as provided in section 7. ,
5.— Trustees to acquire and hold, by any Title, School
Property.
Ti'ustees are required by law to "Ttike possession and hnvo the
ctistody and safe keeping of all public school property which has been
acquired or given for public school pur|)oses in such sectit)n, and to
acquire and hold as a corporation, by any title whatsoever, any land,
movable proj)erty, moneys, or income for public school puiposes, ami
to apply the same according to thtj tt?rms on which the same wevo
acquired or received."
6.— Necessity for a proper Title to the School-Site.
Tlie provision of the law, and esi>ecially tlie following one, which
vests all school property in the trustee corporation for the jjurposes of
sale, i-equires that trustiees should, whenever pi-acticable, obtain a tleed,
a bond for a deed, ti lea«e, or other iegjil instniment, granting quiet
po.ssession to them of the property in their section, in Cfise they have
not sufficient title to it. Objection is frequently made to the right of
tinistees to assess the section for the repairs or building of the school-
house, where no full legal title to the school pi-emises is vested in
them. To remove this objection (although it is only a technical one),
tnistees should obtain the legsU instrument refen-ed to, and have it
17
rogisternd without ilehiy''' Kvcry ]tublic Hcliool Iiouhp iintl Hit© am
oximqit from taxation, as i)rovitlp(l in tlu^ AssoHsnu-nt Aft. ■ •
7.— Registration of Trustees' Title to School Premises.
The trustees shouhl not fail to rej^ister their title to the school sit«\
In ease tlie owner of a site! nifuses to 8(^11 it to the trustees, and they
ure compelled to take possession of it under an awiivd of arhitratom
(as authorised by the School Act of 1H71), they should register the
award, if the owner should refuse to give them a title luider the
award.
Noi K. — Want of registration of title does not dejirive llie trustees of the right
to assess ami collect money for any of the scliool purposes of the section.
8 —When Trustees may Sell a School Site or other Property.
School trustee cor|>orations can disjjose, by sale or otherwise, of any
bchool site or school ju-ojierty which may not be re(juii-ed by them, in
• The folhnvhig k the form of DccJ: —
Fonn of Deed for the Site of the Sshool-Honse, Teacher's Beaidence, &c.
THIS INDKNTURE, made the day of , in the year of our Lord one thousand eight
hundred and , in pursuance of the School Acts of Ontario, and of the Act respecting the
transfer of real property, between , of the J'ow.iship | /'VZ/rri'-c, Ttmni, or City] of , iu
the tjonnty of , and Province of Ontario. \liitsiness or Cnlli>iff\, of the first jiart ;
, wife of the said party of the first part, of the second part ; and the Public School Tnistees
of Section No. , in the 'i'ownship of , in the County of , and Province aforesaid, of the
third part :
WITNKSSETH, that in consideration of dollars of lawful money of Canada, now p.iid by
the said 'J'rustees to the said party of the first part Cthe receipt whereof is hereby by him acknow-
Icdged), he, the .said party of the first part, doth grant inito the said Tnistees of the .School
Section aforesaid, their successors and assigns for ever, all and singular that parcel of land [licscril'-
ill f^ it injiill] :
TO HAVE AND TO HOF.D the same, in trust to .ind for the use of a Public School [and
Te.acher's Residence}, in and for School Section No. — , in the Township of , and in the
County and Province aforesaid, according to the provisions of the School .\cts of Ontario, and for
the education of the resident youth of said School Section,
The said party of the first part COVENANT'S with the said Trustees that he hath the right to
convey the said lands to the said Trustees, notwilhstanding any act of the said party of the first
part: And that the said Trustees shall have quiet possession of said lands, kkkr from At.i.
INCUMURANCKS : And the said party of the first part COVENANTS with the said Trustees, that
he has done no act to encumber the said lands : and the said party of the first part releases to the
.said trustees all his claims upon the said lands : A'ld the said party of the .second part hereby bars
her dower in the said lands.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals,
in the day and year before mentioned.
\.C..\^Setler'sSi-al.]
Signed, sealed, and delivered, F. R. [Seller's H^i/e's Seal.]
in presence of T, H. 1 ... . .
H T ) M H f- Jriistees
,, ■ .p ■ ;- H' itnesses. .■ '., ' 1 Corporate Seal.
NoTK. — When the land has descended to the wife in her own right, she must, besides joining
with her husband in the Conveyance, appear before two Justices of the Peace, to declare that .she
has parted with her estate in the land intended to be conveyed, without any coercion, or fear of
coercion by or on the part of her husband ; and the certificates of such Justices must appear on
the back of the conveyance on the day of its execution. The form of their Certificate is as follows :
" We [inseriiit,^ the names]. Justices of the Peace for the County of , do hereby certify
that on this day of , 187 , at , the within deed was duly executed in our oresence,
by , the wife of , one of the grantors therein named ; and that the said wife of said
— ; , at the said time aad place, being examined by us, apart from her husb.ind, did appear to
give her consent to convey with her estate in the lands mentioned in the said deed, freely and
voluntarily, and without coercion or fear of coercion on the part of her husband, or of any other
person or persons whatsoever.
"R. W , 7. P.
Dated this — day of ,187. " " A. M ,7.1\
■■;/•
18
coMHcquenco of ii diaiimi of kcIiooI sito, and convey tl»« vnxww. uiulcr
their cor]>orat(* s«ial. Tliey aro n'(|uir(i(l to apply tlic protMu^ds of tim
Kale to lawful sc^liool piiipoHeH. All siU's and other property <j;iven or
acquin^l for puldic school purposiis vests, thei-efore, al»soiiit<fly in the
trustee corporation for this purpose. (Si^c^ chapter on " Sdiool tSitus")
9.— What constitutes adequate School Accommodation.
The law declares that trustees "shall provider ade(piat(Miccoinnioda-
tions for all tla; children of school age [/.»', hetwiuMi the a;^t!S of live
and twenty-one years, ntsident] in their school division" {i.e., school
Hection, city, town, or village). The "acoonnnodatit)n," to he adecpiate,
should inclu(hi:
(1.) Size oj' Sid}. — A site of an acre in cxtenl, lnit not less than
half-an-acre.
(2) Sizf, (>/' J'<>niiiH.—\ school house (with se|»arate looms where
the number of pupils on the roll excecids lifty), the walls of which
Khali not he less than ten fe(!t high in the clear, and which shall not
contain less than nhw sijuare feet on tla^ floor fol- (iacli child in
atttMidance, so as to allow an area in each room for at htast one
hundred cuhic feet of air for each i-hild.'' The rooms iinist also l»(»
siifliciently warmed and vcMitilatcnl, and the jacmises properly drained.
(3.) Fence. — A sufficient {onco or [)aling round the school prcMuises.
(4.) A Plan (rvniuul, or other satisfactory provision for )»hysical
exei'cise, within the fences, and off the road.
(5.) A Well, or otiiei' means of procuiing water foi- the scliool.
(0.) Septintfe (JJfires. — Projier and s(!parate offices for V)oth sexes,
at some little distance; from the school house, from each otln;r, and
enclosed with a high ami secure fence.
(7.) A/a/»i, A i)j)(U'atns, mul Lihrarfi. — Suitable school fiu'niture aiid
apparatus, desks, seats, blackboards, maps, library, }>r(!sses, and books,
«fec., necessary for the efficient conduct of the school. (See section 14.)
Note. — Goicral dirirtions to Trusttvs in iri^ard io .Sr/ioo/ /-"yvw/.ir.f.— 'l'liu scliool
jji'ouiid slioulil, in the nual sections, enilir.ice nn acre in extent, and not less than
half-an-acre, so as to allow the school-house to lie set well hack from the roail, and
to furnish play-j,noun(ls within the fences. A convenient form for school grounds
will be found to l)e an area often rods front by sixteen nxis deep, with the sciiool-
housc set back four or six ro<ls from the road. The {^rounds should be stron}j;Iy
fenced, the yards and outhouses in the rear of the scliool-honse being invariably
.separated by a high and tight board fence; the front grounds being planted with
shade trees, shnibs, and flowers in their season. Various simple plants, re(|uireil
for illustration in the lessons on botany, niight be cultivated near the school-house.
Flowers, i)eautiful in themselves, have a most delightful and humanizing influence
on children and youth, who should be taught to care for ami preserve them from
harm on the school jiremises.
10.— Erection of School House, Teacher's Residence, &o.
The tnistees alone have the light to decide upon the cost, size; and
-description of school house, or teacher's I'esidence, which they shall
* Thus, for instance, .1 room for fifty children would require space for Sjooo cubic feet of air.
This would be equal to a cube of the following dimensions in feet, viz. : 25 x 20 X 10, which is
■equivalent to a room 25 feet long by 20 wide and 10 feet high.
rrcct. No nit<>|)aycr, imltlic nicntiii^', or (roiiiniittoi! Iitui iiuy uutiiority
to iritcrf'orci with Uic.in in tliiw iiiiittcr. Tiny iuivri also full powttr to
(Iccidf wliat f(Uic(>s, oiitl*iiil<liii<,'H, kImmIn and otli<>i' a('<;<)tiiino(latioiiH
nhall \tv provided, as t-xplaiiu'd in wction !». To tliciii also ox-
cluNivoly l»«'lon;^H the (hity of having,' the st-hool j,'ro\iiidH planted with
shade tif* s, and pi'operly laid out. The power of tlu^ scthool iiieetiuf^
is limited to the siiij^le (pieslicui as to /i<iin the nioiiey re»|uir(Hl hy tho
truster's shall he raised, whether hy the trustees theinsidvtss, or by tlu)
Township (!ouneil.
11.— Restriction on tho Uso of tho School House.
No sehool house or lot (unless so pro\ idcd for in the deed), or any
l)uil<lin;^^ furniture, or other tiling piMtiiiniuL; thereto, shsdl htMised or
oeeupied for any other purpose than for the usc^ and aceomniodatiou
of the pul)lie schools of the section or division, without the express
permission of the trustee corporation, nnd tiien only alter school
hours, and on condition that all (hunajL^'es he made K***J<1) and cleaning,
sweeping, tfec, ])roniptly done, or compensation nuuh;.
12.— Duty of the Trustees in Regard to tho Care and Repair
of School House.
Trust^'es are recpiested to ajtpoint one «»f their numlier, the Secre-
tary -Treasurei- or other i-esponsihle ])erson. and giv(! him authority,
as Weil as make it his duty, to keep the school-ho\ise in good repair.
He should also .se(^ to it that th»^ windows are properly tilled witli
glass ; that, at a pro)ier sea.son the stove and pipe are in a tit condi-
tion, and suitalde wood provith^l ; that the desks and seats arc in
good repaii' ; that the outhouses aie properly j»rovi(led with doors, and
are frecpiently cleaned ; that the hlack-lioartls ai-e kept painted, the
water supjdy ahundant, and (iverything is pioviih'd neces.sary foi' the
comfort of the puj)il and the elliciency of the school.
13. Decisions of the Superior Courts in regard tc the
School-House.
(l.) 'I'n(slt\\< (itii /,~[v ii idtr/or t/ir mrlioii o/a St/zoo/- /A'/ts^.Thi: Vo\nt of
^J'lH.'cn's Heiicli ll^^ decided tliiit. uiidi-r the School Acl, school trustees are autho-
rized to lew a rate for the erection of a sdiool-house in their section. — Chief
Supcriiitt'itiliiit of /u/iii-iUii>)i, ij/^f'dlant in ir Kdly \. lLili:;cs, Biiifoni, and 13,
Windhant. 12 (). H. K. 531.
(2.) Sc/icol-I/oNs,- Coii/ntifs not ihdid 'oitlioiit Trnslcc Corporate .SVv//.- The Court
of C'onuuon I'leas lias decided llial tiie Trustees of a School Section, beinjj a cor-
l)oration under the .School Acts, are not liable as such to pay for a school-house
erected for and accepted i)y them, not having contracted under seal for the erection
of the same. The seal is re(|uire<l as authenticating the concurrence of the whole
l)o<ly corporate. — Afars/ial/ v. Trnstca:, No. 4, Kilhy. 4 C. P. K. 375.
No IK. -Such a contr.ict, not beiiis liiiidiiiK on the corporation, would be binding on the
individual trustees who niaclc it with a liiird party, acting in good faith. Query, whether the
truslcc-corporation woidd not, by subsequently takinji; possession of the schoorhouse, or by some
other act, recognise the validity of the contract ?
(3.) Contract under Seal, signed liy a majority of the Corporation, binding. — The
s.ime Court has also decided tl.e following ca.se: — -A contract was entered into by
tii'o of the tru.stees of a section under their corporate seal for building a school-
houfte; after the house was built the Trustees refusal to pay, on the plea that the
contract was' not legal, a jury havinjj yiven a verdict in favour of the trustees, a new
trial was ordercil, and the l<)nner verdict in favour of the trustees was set aside. —
The Court held that a contract entered into by ht>o trustee^ under the School Act,
with the cor|)()rate seal attached, is sufficient ; and a [)lea that the C(jntract was
signed by the hvo sui)scrii)ing trustees, without the consent or ap|)rol)ation of the
////>•</ was //<■/(/ bad. — Forks v. Trustees, No. S, Plymfiton. 8 C. I'. U. 73, 74.
(4. ) Alteration 0/ bonnJaries no valid pvnnd/or refusing to levy A'tite to f>uyfor
n Sehmd-IIouse. — ^'I'lie same Court has decideil the following case : —The plaintiff
recovered a judgment in March, 1858, against the school tru ;tees for a ilebt due to
him for building a schooNhouse for the section, and made several unsuccessful
attempts to obtain payment of the same from the trustees and their successors in
office. The trustees always refused to levy a rate, or to |)ay the judgment. To an
application for a mandmnus, to compel the trustees to levy a rate for ])ayment of
the judgment, the C!ourt held that it was no answer that, since the recovery of
the judgment, two alterations had been made in the limits of the section, and that
many changes had taken place among the rate-papers originally liable; or that the
merits of the claim upon which the judgment was founded were capable of being
impeached, — yohnstou v. Seliool Trustees of Hiunvieh, 20 Q. B. 264, distinguished.
Scott \. Trustees, No I. /iuri;ess, and 2 Biit/iurst. 21 C. I'. K. 398.
(5. ) Sehool-] louse and Site iu use not liahle to he sold on Judgment against Trustee
Corporation. -'\'\\c Cowr\. of (Queen's IJencli has given judgment as follows: In a
case in which a school-site had been given to the trustees for the purposes of a
school (with the condition that it shoulil revert to the giver in case it should cease
to be use<l for school purposes^ and on which they had erected a school-house,
judgment was obtained against the corporation for the money due on the building
contract. The school-house and site were actually sold and ileeded by the Sheriff;
Init the Court held, that the house and land could not lawfully be sold— it being
contrary to public policy that a school-house in daily use (any more than a court-
house or jail) should be held liable upon a writ of execution, as not the trustees,
but the inhabitants of the section, are the eestuis que trust (i.e., the jiersons for
whose benefit the trust is held). The jjlaintifT should have resorted to his other
remedies against the trustees for neglect of duty, <X:c. [as provided in Xhc tioentieth
clause of the tiventy-snjenth section of the Consolidateil School x\ct.]--.Si('// v.
Trustees of Union Section, A^o. i Burgess and 2 Bat/iurst. 19 (^. U. R. 484.
(6.) Trespass on the School-House. — The Court of (Queen's liench has decided
that the trustees of the school, and not the teacher, should sue for a trespass on
the school-house; unless it can be shown that the trustees have given the teacher
a particular interest in the building, beyond the mere liberty of occupying it during
the day for the purpose of teaching. — Afonat^han v. J-hg/ison et al., A'o. — , /.on-
don. 3 Q. H. K. 484.
(7) The Assessment Act <t\.itm\>{s Winn taxation " every [jublic school-house, with
the land attached thereto, and the personal jiroperty belonging to it. "
Note. — See chapter on ".School Meetings," .ind Decisions of the Courts in regard to School
sites.
III. — PowEK A>fD Duties of Trustees in ueoakd to the
School, Teachers, kc.
14.— Bight of Trustees in regard to Teacher, Apparatus,
Books, &c.
The tiiistees alone, and not amy imblii; rueethuj, liave the right to
decide what teacher shall be employed, how much shall be paid to
him, what apparatus, library, prize, and text books shall be purchased,
what i-epairs, contingent expenses for stationery, postage, wanning
"• ♦,
niid clcaiiiii^ tli<' kcIiooI-Iiouhc, S:r., hluill lie tiiil]iori/i>i] (iw cxitluiittHl
ill hcrtioii 12, itmccdiii^) ; in hIidH. every tliiii;^ tliey limy tliiiik
t'X|M>(li('.iit to »!(• lor the in t( rests of tlie kcIiooI.
16.— Who shall Dotermino tho Expensos of tho School.
The iimjority of tho triiKtecK of eveiy »«ch()(>l Heetioii have tii(' ri^ht
to decide what expeiiseH they will iiiciii' for iii;i)»h. M-hool fiiniidiro,
apparatus, iihrary and pri/c liooks. snhiries of teaeliers. rent of seliool-
lioiine, wiinninji^, eleaiiin;,', repnirs, (•(Mitin^'ent and nil otln>r expeiiHcs
of tJieir Heliool (as exphiinc i| in the precediii;^ section). The tniNte(«
lire not reipiired to vcfi'V such matters to any public meeting,' what-
ever, since th(\v alone have the ri;,dit to decide as to the nature and
iiiiioiiiit of any expenses which they may jmi;,'e it expiMlieiit to incur
for Hiiuh purposes.
16— Trustees to Establish Troo Public School Library.
Trustees are rr(juireii, under the ji,'encral rc^Milatioi. i, to est,ii)lisli ii
friM' piihlic school lilirary for the children and rateiiiyers of their
section. They can appoint and pay any competent jterson to act as
lihrarian. In case tliey do not appoint any such person, the t(^acliei'
is reijuircd to act as liltrarian >x-<>l/icio for the section. (See cliapter
JX., relatinj^ to tcacheiu)
NulK. — 'I'lu' iiropcrty of cvciv |iul)Iic library is lAcniin from taxation. Oiie
luiiulrcd ]jci' cent, is allowed \>y the C'liicf .Sujierintciulent on all sums over
$5, remittal to the departnieiit for library books, maps, apparatus, and jirize
books.
17.— Who have a right to attend tho School. Restrictions.
Tnistoos are reipiired hy law to jn-ovidc accommodation for, ami
admit to their school, the children of all resident and non-resident
iate]»ayers* of tlunr section, hotween tho a<,'e of live and twenty-
one ytiars, .so lon<^ as their conduct is in conformity with the gen«!ral
vegidations, and "the rules of tho school, and tlu! rates reipiinul to ho
paid on thoir hohalf are fully discliarged."
NoTK.- -Tlic trustees have no authority to provide accommodation for, or admit
to their school, the children of any non-residents who are not ho n a fide rateiiayers
of their section ; nor can they under any jjreLence (such as volunteer [layinents, or
s\il)scriptions) collect or recei\e fees or rate*)ills from such non-residents for ad-
mission to the school. (See section 4, of chapter IV., relating to iioii-resiJeiits.)
18— Authorized Text Books can be alone used.
The Act declares that trustees shall *' see that no imaiithorizeil
text books iu-e used in the schools, and that the pupils are duly
supplied with a uniform series of authorized text books sanctioned
and recomnieiuled by the Council of Public Insti'uctiou." The Act
* The law declares that the cliild or children of non-resident ratepayers " shall not be returned
as attending p.ny other than the school dI the section in which the parents or guardians of such
child or children reside." 'J'he tnislces and teacher of a school at which non-rebidcnt rate-
payers' children attend, muEt sec that the law is complied with in this respect.
«
further declares that " no person sliall use any foreign books in the
bmnches of English education in any school, without the expiess
jiennission of the Coiuicil of Public Instruction." ^
19— Trustees' Visitation of the School— their responsibility
for it.
The Act retjuires the trustees " t<i visit from time to time, each
school muler their charge, antl see that it is conducted .iccoi'ding to
the authorized regulations, and that (Mich such school is, at all times,
duly provided with a [school and genei-al] register and visit<n"s' book,
in the form prepared according to law." They are also i'e4uired " to
procure annually, for the Itenefit of their school section, some
periodical devotetl to education."
NoTi:. — The individual power of a triislce in a school is limited. It does not
inchule any rit;ht on his jiait to interfere with the teaclier in his administration
of discipline in the school, nor in his mode of teaching. The teacher is not in
any way subject to the direction of an individual trustee, unless acting under the
express authority of both of his colleagues. In no case has a trustee the right to
reprove or censure a teacher in the presence of any of his pupils.
20 —Second or Female School— unite with High School-
Tni.stees are authorized " to establish, if they ileem it expedient,
with the consent of the County In.si)ector of schools, both a female
and male school in the section, each of which schools .shall be subject
to the same regulations and obligations oh public schools geneiidly ;
and " when a neaDuf school-house is r(*quired, then to rent, re|>air,
furnish, warm and keep in order a hou.se, and its appendages, to be
used aa a school-house. They ai-e further authorized " to take such
steps as they may judge expedient to unite their sclund with any
liigh school, which may be within or adjacent to the limits of their
section." •
21.— Duty of Trustees and Teacher to report to the Inspector.
The laAv declares that a school section shall forfeit its share «)f thu
.school fund, and the tnistees become pei-sonally responsible ft)r such
loss, should they or the teacher fail to furni.sh the Inspector with a
full and satisfactory rej)ort every six months and at the end of the
year in the form provided. J^^rom the instructions printed on the
reports themselves, tnistees will see that the inspectoi-s are directed
to return to them all incomplete oi- incorrect reports.
22.— Ordei's to be given to qualified Teachers only lor the
School Fund.
Tru.stees are authorised " to give the teachei-s employed by them
(and to none others) the necessary orders upon the county inspector
for the school fund apjiortioned and payable to their school section ;
but they shall not give such order in behalf of any teacher (or assis-
tant), except for the actual time dttring which said teacher, while
employed, held a legal certi%ate of qualification."
Note. — Tnistees sometimes omit the giving of such orders to "teachers
employed by fliem," and thus, designedly or unwittingly, evade the law. They
do so for one of four reasons, viz.: (l), if they have advanced the money to the
teacher themselves; or (2), have paid him hy orders on a store; or (3), if they
have emjiloyed a teacher without the legal qualifications ; or (4), if they wish to
aid a male teacher to evade paying the half-yearly superannuation money. In all
these cases inspectors should renjonstrate with tnistees, and in case of a repetition
of the evasion, withhold the grant to the section. Every order should be made
out in favour of the teacher employed during the time for which it is issued. (See
chapter i.\.)
CHAPTER III.
POWERS AND DUTIP:S OF A SCHOOL SECRETARY-
treasuri:r and collector.
1— Appointment and Duties of a Secretary-Treasurer.
Tilt! t istoos iU'P rc(jiiin'(l ''To appoint one of tlK^msolves, or
soiiK' other pei-son, to l»e spcrfitury-trpasurer to the cor})orjitiou." The
secrotary-ti'casiircr shall give; such .security as nmy l)e required by
a inajoi'ity of tlie trustees. Tlie trustees must take this security and
deposit it for safe keeping with the towiishii) council. The object of
the apjtointinent of a secretary-treasui-er ia : —
(1.) Sa/etj/ 0/ Pdjm'ti. — For the correct and safe keeping and forth-
coming (wlien called for) of the papers and moneys beloivging to the
coi'poi-ation ;
(2.) liecm'd of Proceed !ni/f<. — For the correct keeping of a record
of all their proceedings, in a iiook procured for tliat purpose ;
(3.) ArcoantH j'w Moneijx. — For the receiving and ace iiting for
all school moneys, collected by school rate, subscription, i' other-
wise, fi-om th<! inhabitants of such school section ;
(4.) J'aipitaiit of J/onei/x. — Foi' the disbui-sing of such moneys in
the mainiev dii-ected by the majority of the trustees.
(T).) Hepair of House. — And for seeing to the repair of the school-
house, and car(! of the school premises if desired by the trustees.
(See section 12 of chaj)ter TI.)
2.— Penalty on Secretary-Treasurer or Trustee for refusing
to Account-
Should any secreta)'V-ti'(nisurei' or tnistee witldiold or refuse at
any time "to deliver up, pay ovei-, or account for any books, papei"s,
chattels, oi- moneys, which came into his possession as siu^h secretaiy-
treasurer, or trustee, # * * or any part tlun-eof to the
person, and in the nninnei" directed by a majority of the school
tnistees for the school section then in office, such withholding or
\ -
24
refusal hIuiU be a Tnisdeme^iuour." Ajiil tho County Judge is autho-
rized, ou the application and affidavit of two trustees or two mto
jjayera to dii-ect the deHn([ueut secretary- treasurer or trustee foi-tli-
with to delivei' uj) or account for the propei-ty in his hands ui)on paiii
of imprisonment, witliout bail until the order is complied with.
3.— Legal Frocoedings by Trustees against a Defaulting
Secretary-Treasurer.
The (joui-t of Queen's Bench has mIso decided, that a trustee
eorporation could maintain an action "for money had and received"
4igainst their secretary-treasurer, kj recover money in his hands not
expended or iwcounted for. Trustees of iSextuui 7, Stephen v. Mifchell,
2\) Q. B. K., 382.
4.— Appointment and Duties of a School Collector.
The Trustees are authorizecl to appoint oiw of tlunuselves, or some
other competent person, to be a collector of school rates. This col-
lector may also be theii- seci-etary-treasm-er. Under a Avarrant from
the trustees, the collector is antiiorized and required to collect the
rates imjiosed by them upon tho iiJiabitants of th(ur school section,
or any sums which such inhiibitants may liave subscribed. Tlui
trustees are authoi'ized to pay the colI(>ctor at the rate of not less
than Jive, or more than fen per cent, on the moneys collected by him.
Tlie law gives the collector the same pow(M's (by virtue of a v.arrant
signed by a majority of the trusleos) in collecting the school-rat(^ or
subsci'iption, and jdaces him under the same liability and obligations,
and he must pi'oceed in the same nuuiner in his school section and
townsliip, as a townshij) collectoi- does in collecting rates in a town-
shijt or coTinty, as providtnl in the ]\Iunicii)al (Joi'poration and Assess-
ment Acts which may be in force at the time of collecting th(! rate.
The collectoi" is i-e(juired to givt^ such secui-ity as may be satisfactoiy
to the trustees, which security shall be lodged with the to\vnsIiip
council, a« provided in the School Tjjiw of 1871.*
No'i'K. — The Collector is entitled to his fee on .ill school rates entered on the
Roll when handed to him by the Trustees, even should any of the rates he paid in
to the Trustees, the Secretary or Teacher in the meantime. He must be careful
to proceed in strict accordance with the law in the performance of his duty.
* The security referred to should be ijiven in the folKnving form: -
Bond of Collator of Sclwol-rntcs, or Secretary Treasurer.
Know all men by these presents : That W. H., of C, (.'olUwtor of u/iool-ratfs, (or St'cirtary-
Treasurcr, or both, as the cast- nia^ Ire], for School Section No. , in the 'I'oivnship of ,
in the County of , and Province of Ontario, and F. IC, of H., in tlie said Province, are
firmly bound to A. 15., and C, Trustees of the School .Section aforesaid, in the sum of
dollars of lawful money, to be well and truly paid to the said Trustees, or their successors in
office, for which payment well and truly to be made to the said Tru.stees, we bind ourselves
jointly and severally, our heirs, executors and .tdministrators firmly by these presents.
Sealed with our seal.s, and dated at O., this day of , in the year of our Lord
•one thousand eight hundred and .seventy '.
The condition of this bond is such, that if the above bounden A. P., shall use all diligence and
employ .ill the powers vested in him to collect all .school-rates and assessments of the said
Section for which he has been appointed collector, (or in case of non-residents shall make oath of
his in.ibitity after diligent search to collect the rates due,) and shall pay or cause to be paid over
•T.r;
5— Trustee School- Bate Boll and Warrant.
The tnxstoes are retiuired to make out, or liave made out, from tlie
Township Assessor's, or Collector's roll, a list of all persons rated by
them for the school pui-poses of their st>ctiou, and shall annex to such
list a ■warrant directed to the collectoi- of th(! section, for the collection
of the several sums mentioned \n such list. The list and wari-aut
■should be in the following foj-m : —
(l.) rublk Sihool Rate Roll of Strtioii A'o. — , 'Jomnslii/) of .
Name of I'inson ratpil.
Dcscriplion of
Taxable Property.
'I'.ixable
Vahie.
Rate
in the
Hollar.
Amount of
Tax.
$ cts.
\Vk, the uiuloisiijiK'd Trustees of School Section Xo. — , in the Township
•of , hereby certify tluit we h;ive levied the forcf^foint^ Scliool-rate upon
taxable [)n)peity in our .Section, according; to the valitatiou of thai property, as
expressed in the Township .Assessor's [or Collector's] Roll for the year 187 .
To this lyist \\e hereto annex our warrant for tlie culiection of the foregoing
Rate, aildressed to A, U., our School Collector.
) !7)7Avtoj'
I Corporate
Seal.
I )ated at -
this — day of-
-. 1S7
(2.) luiriii of Warrant for Ihc Colliition of Piibl'u- School Kates.
'i'o .\. V>., t!ollector of Priblic .School Rates, Section No. — , Township of ,
Wk. the undersigned i'ulilic .Scliool Trustees of Section No. — , in the Town-
ship of , in the County of , by \irlue of the authority vested in us by
the OiUario Public School Acts, herei)y authorize and requi'-e you [here insert the
name and re^idence of the jierson apjioinled to collect the school-rale] after ten
days from the date hereof, to collect from the several individuals in the annexetl
School-rate Roll, the sum of money set (^pposile their respective names, and to pay
the amount so collected, within days from the receijit thereof, after retaining
your own fees, to our Secretary-Treasurer, whose discharge shall be your acquit-
tance for the sum so paid. And in defiull of ]iayment on denumd by any person
so rated, you are hereby authori7.ed an<l recpiired to levy the amount, with costs,
by ilistre^s and sale of the goixls and chattels of the person or persons making
-default, and found upon the premises rated, ux within the township [or townships]
<uu of which this school sectior. is formed.
Given under our hands and Corporate >eal of oflice, \ Trustees'
this day of -- -, 187 . \ Corporate
\ Seal.
NoiK.- In regard to non-residents, railw.iys, and )thcr mailers, see Directions to Collectors,
und Decisions "f the Courts, &c , further on.
.;11 moneys which he may collect (except his (i«n per cenuge) to the Trustees' Secretary-
'J'rfit.siiier\ o( the said School Section, within days Irom the receipt by him of such sum
culleclcd, and shall m.akc a full return within daVs from the date of these presents, then
this obligation shall he null and void, otherwise it shall remain in full force and virtue.
Signed, sealed, .md delivered ) W. H., Collector l.SV-rt/.)
F. E., Snrety for Collector (.^SV<!^|
d, sealed, .md delivered 1
in presence of J. G. !•
K. I!. )
Nori:. Tliis Bond must be lodged with the township council. If the bond be for a.
secretary-treasurer .alone, insert the following instead of " shall use," &c. : " shall correctly
keep all the papers belonging to the school corporation, and shall receive and safely keep, and
faithfully disburse, upon the order of the majority of the aforesaid trustees alone, all moneys
collected by rate-bill, subscription, or otherwise, by the authority of the said trustees, and shall de-
liver up to the order in writing of a [school auditor, orj majority of the aforesaid trustees, when called
for, all such papers ;'.nd vouchers in his custody, and all such monevs, not paid out as aforesaid."
«)
26
0.— For what a Section School Bate may be Collected.
A schoul-rato may l)e lawfully collected for iiny of the Hchool \mr-
poscs eininu'riited in sections 9 to 15, inclusive, of chapter I.
7.— For what a Section School Rate can not be Collected.
No rate can be lawfully levied : —
(1.) Teacher's Halni'if.—To i>ay the salary of any teacher or assistant
who does not, dui-ing the whole time of his employment l»y the trus-
tees, possess a legal cei-tificate of fiualification.
(2.) TrKHfees Chiiiii. — To pay any claim of a co-trustee for anything
except a school-site, or as renniueration for acting as a collector of
school rates.
(3.) (fost of Siufs. — To pay costs of an illegal suit, or fur unsuc-
cessfully defending a suit brought against them foi- illegal aicts.
(4.) Unnecessary Ex)tenxe.s. — For unnecessary travelling expenses,
itc.
(5.) Firr Excessire Interest, and the expen.ses of unauthorized loans,
«kc.
XoTK. — I'er.sons often illegally refuse lo ])ay seliodl rales levied liy trustees,
because —
(i.) A trustee may have omitteil to make the ileclaration of office.
(2.) Anil because trustees have no school-site deed; hut neillier (jf these objec-
tions are valid. The law provides other means of meeting such cases.
8.— Trustees to have access to Township Assessor's or
Collector's Roll.
The township ass(\ssor is required to deliver to the township clerk,
not later than the middle of April in each year, his assessment roll,
completed and addv^d up. From this roll, as finally approv(id by the
township court of revision, the clerk is required to make out a
township collector's roll. The clerk, or other officer having possession
of the assessor's or collector's roll, is required to allow any one of the
trustees, or their authoi-ized collector, to make a co[)y of it, so far as
it ndates to their school section.
NoTK. — Assessors to P'aliir Lainh siliiatcd in each Sirticr. —The .School Law
tleclares that : "Whenever the lands j)r property of any individual or coni])any arc-
situated within the limits of ta'o or more school sections, each assessoi a]ipointed
by any numicipality, shall assess and return on his roll, separately, the parts of such
lantls or property, according to the divisions of the school sections within the limits
of which such lands or property may be situate; but every undivided occupied lot,
or part of a lot, shall only be liable to be assessed for school purposes in the school
section where the occupant resides. (.See clause (5), of next section.)
9.— How the Trustees must be guided in making out the
Collector's Roll.
(1.) School. Trastees. — The trustees, in making out their collector's
roll, must be guided by the school map of the township, in case theie
should be any doubt or dispute ' as to the school boundaries. The
clerk is required, under a penalty, to make this maj», and allow the
27
trustees' assessor or collector to have* iiccess to it. Tliey uiust also*
adhere strictly to tins townsiiip assessor's or collector's roll, iu re,i^ard to
the names of persons taxed, and the valuation of their pro[terty.
(2.) Omisitiov. — Should any omission or mistake be discovered in
the township roll, the council is authorized to correct it, so far as it
relates to each school section.
(3.) No Omin.fioHn. — The trustees must omit no taxable propei'ty
in the section from their list ; but thcsy may authorize their col-
lector to exem])t from payment of the taxes imposed by them, any
indigent peraon in their section.
(4.) Iiief/iialiti/ (i/ Anse.ininf.7it. — lu case of an ineipuility in the
roll of iusscissment in the parts of union sections, the reeves and
inspector concerned ai-e recjuired to ecpxalize the jussessments of the
various ])ai'ts.
(5.) Umlividod LoL—lii the case of an undivided lot (that is, the
whol or a portion of an orujinal 200 acre lot, owned by one person),
lying in one or more S(>ctions, and having the owner's or occupant's
residence thereon, it must be assessed only in the section in which the
owner or occui)ant resides. (See note to section 8 of this chapter.)
NoTK. — A "/(*/," as here spoken of, is one whicli contained two liundred acres,
more or less, accordinij to the original survey, and owned or occupied by a single
individual or company. " Pari of a AV, " is part of an orijjinal two hundred acre
lot, owned or occupied hy a sinjjie individual, o'' company. If two or more such
parts of a lot should become, at any future time, the pro]ierty ' a single owner,
they must then be hekl to fonn but part, or the whole of one lot, in the sense of
the Act.
(2. ) ^lii Uri.fir'u/t\i Lot must he in llic sanw Miinicipa/ity — jMiiiiicipal Boundaries
divide Lots. — 'I'hc Court of (Queen's liencli has deciiled the following case: Certain
property, througli which ran a municipal division-line between a town and a town-
ship, was assessed by the trustees of a school section in the township, according to
the value of that portion of it lying in their section and outside the town. The
owner refused to ])ay, and was sued by the trustees as a non-resident, in accordance
with the provisions of the school-Law. The Judge of the Division Court decided
against the trustees, on the ground that the \thirty-Sirond\ section of the Consoli-
dated School Act referred to undivided lots within different municipalities, as well
as within one municipality. The Chief Superintendent appealed the case, and it
was held by tlie court that the trustees acted rightly, — they being guided by the
assessment roll of their municipality; and that the proviso referred to applies only
to the case of an undivided property extending into more than one school' section
of the same municipality, and not wliere the land lies in dilTerent municipalities.
Hence municipal lK)undaries divide lots. — Chief Siipei iniendent of EducatioHy
appellant, in re Trustees, No. 4, ILallowcll v. Storm. 14 (^. B. R. 541.
(6.) TaxeH lemed equally upon all ratnhle property. — The eighth
section of the Assessment Act 2)rovides tluit " all municipal, local, or
direct taxes or rates, shall, when no other express provision has been
made in this res])ect, be levied equally upon the whole ratable
property, I'eal and personal, of the municipality or other locality,
according to the assessed value of such pi-operty, and not upon any
one or more kinds of property in pai"ticular or in different propor-
tions." Property rates must, therefore, be levied equally ou all tax-
28
able property of the ratepuytn's in the section, whether residents or
non-residents. (For definition of non-residents' land see chapter IV.)
(7.) ^0 Rate IUUh. — No )-ate bill foi- tuition, fu(;l, or any otlKU-
contingencies, can be levitnl on ])Ui)ils, or on parents or guardians, as
such, or on non-residents, who own no i)i'operty in the section. The
rate must b(! h^vied upon all the tiixablo property in the section (and
is a lien upon it), but it nuist be levied in the name of th(^ individuals
mentioned on the assessoi-'s or colle(!tor's loll, whether resident or
non-resident.
(8.) Owner and Occiipnnf. — Tlie Assessment of Propc^rty Act de-
clares that :— *' When land is assessed against both the owner and
occupant, or owner and tenant, the assessor shall j)lace both names
within brackets on the roll, and shall write opposite the name of the
owner the letter F., and opposite the name of the oecu[>ant or tenant
the letter H. oi- T. ; and both names shall be inimbered on the roll,
* -^ ^ jind the taxes may be recovered from (hither, or iVom
any future owner oi" occu]);int, saving his i-ei-ouise against any other
pei-son." (Section 20.)
(9.) Many Owners. — When land is owned or occupied by more
persons than one, and all their iiames an; given to the assessor, they
.shall be assessed therefor, in the proportion belonging respectively to
each ; and if a portion of the land so situated is owned by parties
who ar">. non-resident, and who have not required their names to be
enten^d on the roll, the whole of the i)roperty, shall be assessed in
the names given to the asses.sor, saving the recoui'se of the persons
whose names are so given against the othei-s. (27.)
(10.) " UnpatentcAl Lund, vested in or hidd by Her Majesty, which
shall hereafter be sold or agreed to be sold to any ])ej'son, or which
shall be located as a free grant, shall be liable to taxation from the
date of such sale or gi-ant, * * # j^ ^\^^ same way ius
other land, whether any license of occupation, location ticket, certili-
cate of sale, or receipt for money ]iaid on such sale, luw or has not
been, or shall or shall not be issued, and (in case of sale oragx-eement
of sale by the Crown) whether any payment has or hius not been, or
shall or shall not be, made thereon, an<l Mhether any pai-t. of the
purchase money is or is not overdue and unpaid." (127.)
10.— Powers, Duties and Liabilities of Collectors of School
Bates.*
These " powers" of, and the mode of " proceeding" observed by,
township and county collectors, are presdlilDed in the Assessment of
Property Act, 32 Vict. (Jap. 36. They are adapted to collectora of
school-i-ates as follows : —
* For protection of collectors when acting under a lawful warr.-xnt, sec decisions of Court of
Common Picas, on pages 15 and 33.
29
(I.) Holli'ctm' shall call /or the rate. — Tho collector, on receiving
his warrant and tli(! roll, [soo page 25] shall call on the party rated, if
residing within or near th(5 section, and demand payment; if a noii-
n'«id(!nt, he may see him, or send hy post a statement of" the demand.
The entry of tlu* date of snch demand on his roll opposite the name,
shall he prlniafane proof of tlio demand. (04.)
(2.) Shall seize. Goods and Chattil of defaulters. — In ease any
|HM-son neglects to pay his taxes fonrtecn days after demand made, the
school collector may levy the same, with the costs payable to a
division court bailiff, by disti-ess; of the gotxls and chattels of the
person who ought to ])ay the same, or of any goods in his possession,
wherever the same may be found within the township [or townships]
out of which ti<o school section is formed, oi- of any goods or chattels
found on the premises, the property, or in the possession of, any other
occupant of the premises. (00).
(3.) Shall (five Public votice, and sell by Ancfimi. — He shall give
notice of the day of smIc ami the name of the defaulter, in not less
than three public plac(!s in the place where tho sah; is to be held, at
least six days before the day of sale, and shall sell by ))ublic auction
the pro])erty so .seized, or so much of it as shall sati.sfy the debt and
costs. (9H.) Any poi-sou wilfully tearing down, injiirinj;, or defacing
such notice, or the assessment roll, shall bo liable to a tine, before a
magistrate, of tioeuttj dollars, or twenty days impi-isonment. (201.)
(4.) How to dispose of Surjdus. — If the jiroperty luus been sold for
moi-e than the rate and costs, and if no claim be made by some other
person on the ground of ownership, lien, or other right, he shall
return tho .surplus to the l)arty who was in jiossession when it wati
seized, or to such other claimant whose right to it is admitted by the
other party. If there be a dispute between them an to the ownerahij*,
the sui-plus shall be paid over to the municipal treasurer until the
dispute be settled. (^9 101.)
(5.) Liability of Railioay Companies in School Section.'^. — " The real
estate of a railway company (in a school section) is to be considered
as the land of a resident." (7.) And the company is to transmit
annually to the clei'k of the municipality, a statciment of the value
of all theii" real property, within the municipality, the vacant land
not in actual use, and the actual value of the land occupied by the
road itself ; the clerk shall communicate the same to the assessor, and
the trustees shall copy it from the assessor's roll and place it upon
the collector's roll, with the amount of tax thereon. The collector
shall deliver at, or transmit by i)Ost to, any sttition or office of the
company, a notice of the totiil amoimt at which the trustees have
assessed the real property, vacant lands, and the land occupied by the
roadway, and collect the tax at any station or office of the company.
(33).
ito
Note. — The trustees arc required to send or dtlivor a bill to tlic railway com-
pany in the following fonn : —
Details ok Kaii.way Sciiooi, Tax.
Date<l at , this day oi , 187 , The Railway Co.,
To the Pifh/ic Scliool Trustees of Section A'o. — , /// the To7vnship of ,
Dr. to the amount of Pul)lic School T.ix levied on the following^
Railway land and properly lying within the boundaries of this
School Section, viz., — ■ — *
at the rate of in the Dollar, on $ , the assessed
value of such lands and property, as 1 ^r Township Assessor's
Roll for the year 187 .
Received payment this day of 187 .
rutilic Sclwiit Collicti^rcf tlie Section
(or Secretnry-'I'rcasurer).
(G.) Omitted AnHcsxments aiul M'lKfnkes.— '^w School Actiiuthorizcs
the township council to correct luiy error in the iiHse.ssineiit roll of
the section, as ccrtilied by the trustees.
(7.) Collrctor to make rctnru (it the thiie speri/irif iit the warrant,
d'c. — The collector shall return his roll to the trustees, and pay over
the proceeds, within the time fixed in the bond to tlin trustees,
or their warrant to hiin, otherwise another person may be eni[)loyed
to collect the taxes whiclt the collector does not collect within the
time sppcitied. (1():M()4.)
(8.) Taxes to be a Speeial Lien iipoti i((n<f.~-niv taxes accrued on
any land, shall l)0 a sjiecial lien on such laud, liaAin;,' preference over
any claim, lieu, privilege, or incumbrance, of any party except th«
Crown, and shall not require registration to ]>reserve it. (K'7.)
(9.) J*nnixlunent of Clerks, Assessors or Collectors, makinij fraiidu-
lent Assessme)ifs, Collections, <(•(•.--- Tf any clerk, assessor, or collector
makes nny imjust or fraudulent assessment or collection, or copy of
any assessor's or collector's loll, or wilfully and fniuduh^ntly inserts
therein the name of any j)erson who should not be entered, or wilfully
omits any duty reipiired of him by this Act, he shall, uj)on conviction
thereof before a coiu't of competent jui'Lsdiction, Im^ liable to a tine
not exceeding tivo hundred dollars, and to inipiisonm(>iit until the
line be paid, oi- to imprisonment in the common gaol of the county
or city for a peiiod not exceeding six months, or to both such tine
and imprisonment, in the discretion of the court. (177.)
(10.) Proreedinijs for coinpeUing Collectors 10 acconnt for or 2My
over Moneijs in their hands. — If a collector refuses or neglects to pay
to the proper treasurer, or chamberlain, or other })ei-son legally
authorized to receive the same, the sums contained in his roll, or
duly to account for the same iwj iiucoUected, the tretusurer or
chambei'Iaiu shall, within twenty days after the time when the pay-
ment ought to have been made, issue a w;inant under his hand and
31
wn\, directed to the Hherifl" of tho county, or to the high bailitt' of
tho city, (iiH tho ciih(» may l)e), comniaiidiug liini to levy of the goodH,
diattelH, landH and tenemontH of the coll<?ctor and his sureties, such
sum as remains un])aid and unaccounted for, and to return tho
warrant witliin forty days after the (hite thereof. (l!^l.)
11.— Decisions of the Supex'ior Courts in regard to School-
Bates and Collectors.
(l.) (■('//<■(•/();•'.(■ Snirtifs not respoHsibk fof I'licollcctcd Rates, nor for Collectors
(Icfonlt, nnlrss t/ny so hind tlicinsch-cs in the liond.- 'I'hc Court of ('omnion Pleas
lias clecidecl llie following case: A person liaviiij; been duly apjiointed eolleetor l)y
the trustees of a sehool section, signed the following contract at the foot of the
instrument ajipointing him: "1 agree, iicc, xc, to collect, &c., according to the
said Act, ami hind myself, by my securities, in the sum of ^250;" and immediately
under, his sureties signed the following undertaking: " We hereby agree to become
security for the ihie fulfdment of the above contract." 'J'he collector i)aid over a
portion of the aijiounl collected by him, leaving a certain sum remaining uncol-
lected. An action was brought by the trustees against the collector and his sureties.
Held, that the sureties, under their coiUract, were not jointly liable with their
l)rin(?ipal for moneys uncollected hy him; also that they were not jointly liable on
their guarantee as sureties on defaidt of the i)rinei])al the contract only extending
to the collection ol the rate. Trnstces Xo. 6, York \. William JInnter ct al. ID
C. 1'. K. 359.
(2.) Note of Hand no h^al Payment of School-Rate. — The Coiirl of (Jueen's
Bench has decided the following case on a re/^lcr'in [see Index] for horses: J''lca, —
justifying the taking under a warrant for school taxes, and alleging that they were
delivered by the collector to defendant, an innkeeper to take care of until the sale.
Replication, — setting out facts to show the rate illegal, and averring that plaintiff,
after seizure of th<' goods, at the recpiest of the collector and trustees, gave his note
for a sum named, (not saying that it was the amount due by him,) payable to
bearer, whicli was accepted in satisfaction of the taxes ; that the collector released
the i>roi)erty seized, and said note is still outstanding, and the plaintiff liable upon
it, and that the seizure in the plea mentioned ^vas made afterwards. Held, on de-
murrer, replication bad ; for, 1st, the collector acting under a warrant legal on the
face of it. would not be liable in trespass or trover, and therefore not in this action,
nor the defendant for taking the horses from him to keep; and, 2nd, Even if the
note had been for a sullficient amount to i)ay the rate, yet the improper acceptance
of it l)y the trustees would not prevent ihem from afterwards distraining. — Spry v.
McKenzie. 18 (^. 15. K. 161.
(3.) Extension of tinw for ccl.ecting Sch.ool-Rates — Dnration of Collectot-'s
authority. — The Court of Queen's IJench has decided the followfng case : The
time for levying a school-tax in the city of Kingston, imposed by by-law hi De-
cember, 1855, was extendeti by resolutions of the city council, under 18 Vic. c.
21, s. 3, until the 1st of August, 1856; and again, on the 22nd of December,
1856, to the isl of March, 1857. Held, that the collector, who was the same
person for both years, might distrain between the 1st of August and the 22nd of
December, 1856, although no resolution extending the time wa.s then in force.
McLeanf., dissenting — Ncivherry v. Stephens ct al. City of Kins;ston. — 16 Q. B.
K. 65.
Note. — As :i doulit was expressed l)y one judge in this case, as to the legality of the extension
of time, it would be better for trustees to issue a new warrant and take .1 fresh bond whenever the
period mentioned in the bond expires.
(4.) Right to collect School Taxes after the expiration of the Year. — The Court
of Queen's Bench has decidal, on an appeal by the Chief Superintendent of
Education, that a collector of school taxes might, in 1861, collect by distress the
taxes for 1859 and i860, not having made his final return of such taxes as in arrear,
:\-2
nnd hoiiifj still colloclor ; aiifl srw/i/,; that in lliis case the plaiiuilV, who coiujilaincd
of llie seizure, liavinj^ led to it hy his own conduct, the i>r(n.i'edinj^ should have
been upheld in the Division Couil at all events. • Ch'wf Sii(ic>intc)idt-iit of Ediini-
lion, appfUiUil, in ic MiLcan v. l'\tn\il. 2i (}. \\. R. 441.
(5.) ColUrlor lommittin;:; 'rrfsf<<}ss is entitled to Notice of Aetion. Limit. — The
Court of C'oniinoii I'leas has decided that a collector who conimitted a I.espass
while acting under a warrant issued hy a competent authority, was entitle<l to
notice of action, and that the action sluudd he brou^jht within six niontlis. Spry
V. Mnmhy ct at. Nc. 15, Kaxotlon. 11 C. I'. K. 285.
(6.) School Trustees lun'c fumvr to Iny Kate at any time. — Under the Acts re'
latinj; to Public Schools, trustees may at any time impose anil levy a rate for
school |)urjioses : they are not hound to wail until a copy of the revised assess-
ment roll for the particular year has l)een transmitted to the clerk of the munici-
pality, but may and can use the existing revised assessment nA\.-- C/iief .Super-
intendent of Eifneation, appellant, in re Uoy;_i; v. Koi:;ers. 15 t'. 1'. R. 417.
(7.) Expenses- of the School must he defrayed by the authority of the Trustees, and
not hy the inhaldtants themselres. -The Court of (^)ueen's Hencli ha>. decided that
freeholders and householders of a school section cannot substHute a voluntary
subscripti(jn among themselves, and a rate ui)on the parents and guardians of
children alone, for the whole expenses of the school, instead of the provisions
made by law ; and a resolution to have such private subscription, which the
trustees neglected to collect, is therefore no answer to an avowry by the trustees
for a rate levied by them in the usual wny. —AfcJ/illan v. A'an/:in et al, A'i>. 14,
JCingston. 19 (^. 1!. R. 356.
(8.) School-tax upon Parents and Guardians unlawful. — The Court of Common
Pleas has also decided a similar case : A general school meeting passed the fol-
lowing resolution : "That the expenses of the school section be i)aid by voluntaiy
.subscription, and the balance to be raised from a tax to l<e lex'icd upon the parents
and ,:^uardians of those sending children to school,'' the school trustees, after the
failure of the voluntary subscription, levied a general rate, upon which this replevin
arose — the jilaintiff contending that he was not liable, as not /leinf^ a parent or
^ifuardian of a child attending the school, //eld, that the trustees had no authority
to tax the parents or guardians (jf those sending children, or to alter or annul the
resoluti(ms ; and that the /(•;//// clause of the tiih'nty-sei'cnlh section of the School
Act authorized the levy as made. -C;v//i,'- v. Nankin et al, A'>. 14, A'incst-t'//. 10
C. P. R. 186.
(9.) Form of, and nninhcr of, Sis^natures to Trustees' Warrant. -'V\\<i Court of
Queen's Hench has decided that the warrant may be signed by two trustees [with
the knowledge of the third]. In making cognisance under this warrant, it is
sufficient to state that the plaintiff was duly xssessed, anil that the collector was
duly appointed. It is not necessary to state therein that the rate was decidetl ujion
at a meeting, as required by statute, or how the appointment of collector was
m^i\Q.— Gillies v. Wood, N'o. (>, /'ilkiui^ton. 13 (^. it. K. 357.
(10.) A'o Kate can be imposed by Trustees for the reimbursement of costs in defend-
ing /llegal Acts. — The Court of Queen's Bench has decided that trustees cannot .
impose a rate to reimburse themselves for costs incurred in defending unsuccessfully
a suit brought against them for levying an unauthorized rate, or for travelling
expenses incurred in order to consult with the superintendent ; but a rate may be
levied to reimburse school tnistee*: for the costs of defending a groundless action
brought against them. — Chiif Superiuteudenl of Education appellant, in re .Stark
V. Montague, 14 Q. B. R. 473; and Tier man v. /Municipality of Nefean, 15
Q. B. R., 87.
(11.) /[/andamus agaittst Clerk of a Tffionship'to permit Trustees to examine the
Assessment Roll. — The Court of Queen's Bench has decided that where, on an
application for a mandamus, a demand and a refusal were sworn to, and defendant
3:j
in answer denied the refiNal, and alle^jed that lie had always Iwcn willing to do
what was required, the Court nevertheless j^ranled the writ.- /// iv Tntslirs of
Union St hool Sixlioii S'os. 15, Oti<niil<<\; 10, Donro, and II, Ai/>hoild \. Cannifnt.
17 g. u. R. 275.
NoTK. A inn mid III US is n coiiiiiinnd issuint; In the iiaiiie of the Sovpreign from n siijierior
court liaviiiK jurisdiction, ami is dirccteil to some person, coriioration, or interior court, within the
jurisdiction of such superior court, rei|ulring tlieni to do some particular thin^ therein specified,
which ap|>ert.iins to their olFicc and <luty, or to show cause why he has not done it. Thi* writ
Wits introduced to prc\ent disorders from a failure of justice ; therefore it ouyht to he used upon
nil occasions wlicre the hiw lias csiahhshed no specific remedy, iind where, in justice and good
Kuveriuneiit there ought to be one.
(12.) y'lsdilorx F.stiitc liahlii for School h'n/r in the hands of Dci'isces an J
Exiriitors . Tlu" Court of ('oitinton i'leas di-tidcd as follow-; An action of
replevin ninv he hroiiKlil upon a distress for school rales, and notice of action is
not necessary, where several devisees and executors were rated for a school rate in
respect to the pro]icrty of their testator as "John Applej^arth and hrothers," which
entry ap|R;ared to have been made at the instance of some of them; but two of
them only ha<l slept on the inemisi-s occasionally, althouy;!i such was not their
ordinary place of residence, and they had received the usual notice of assessment in
the form without apjiealiiij,', and the same two had paiit taxes on an assessment on
the township roll in their individual names. //<•/</ by the Court: -1st, That the
facts alTonU-d sut'licient evidence to show that the plaintiffs were "inhabitants" for
the purposes of the rate; 2nd, That the iiarties were sufficiently named on the roll
to render the rate lawful; 3ril, That a demand made by the collector on "John
AjipleKiirth,"' named on the roll, was sufficient to biiul all the i)laintiffs. — Applej:;(irth
el al V. (iraham, AV, 3, Ftamhoroni;h lunl. 7 C. P. 1<. 171. (.See " Non-
Uesident's, chapter IV."
(13.) l.iahility of /''..MYntors and Z)(7'/'J(iM'. — The Ctnirt of (Queen's IJench has
decided that where executors and devisees in trust of land were assessed as owners.
Z/ir/rt' that they were jiroiJcrly so assessed, and that their own goods might be seized
for the taxes. />;////>(»;/ v. Henry. 17 (J. H. K., 276.
12.— Application to Township Council to Collect Bates.
IJt^toro coUdctiii^' iiny scliool viitt; thn tni.st(H's sliotild call a nioetiug
of tlie iatoj)ayef.s to decide wliethcr the money reriuiivd by the
tniHtecs Ibf any ))iir|K)se .slioiilil bo collected (1) by themselves (2) "•^■^
the TownHhij) Ctjmicil or (3) raised by loan, under the authority of
the council. In case either the second or third mode be decided
upon by tlie ratepayers, a copy ot tlie I'esolution on the subject, to-
jjether with an estitnate of the sum required by tlit; trustees, should
be sent to the Townshij) Ootuicil, at or befoi-e its August meeting.
Should the second mode be decided on, the council, upon receiving
the trustees' (estimate, and ti request in writing, must levy the whole
of the required iiite within a reasonable time, and pay it over to the
tnistees, (witliout any diminution for collector's fees or expenses —
wliich nnist be added to the iiite by the council.) Should the third
mode be decidefl on, the council may gi-ant the required permission
at its discretion. Should the council do so, it should issue a de-
benture for the sum to be borrowed and, (as decided by the Coui-ts,)
provide the means for securing repayment of the amount boirowed,
by a yearly rate imposed in the manner specified in the Act. (See
chapter I, section 8, clause {F.), note.)
13.— Township Counoil Requii'od to raiso Money for School
Trustees.
Tho law (l(H.'lun'H tliat " For tlic^ puirliiiHO <»f a kcIiodI h'iU^ ; tho
erection, ropiiir, rent, and furnitiir(i (if a si-liooI-honHc ; tlio purcliiiHo
of appai-atus and tcxt-book.s for the sclax)!, luxiks for tlai lilirary, and
Halary of the tcnchor, each township council shall levy, by iimhohh-
inont upon any taxahlo property in any school st'ction, such sinn iis
may ho required l»y the trustees of such school section, in accordance
with the desii'ji of th(* niiijority of the freeholders and householder's
expressed at a public niectin<^ called for that purpose."
NoTK. - In cn-.c of refusal, on llic i>:iit of ji lownsliip louuiil, to levy the
amount rcf|uire(l l)y the Inislccs, the remedy i>i by nianilatmis from eitlier the
Court of Queen's liench or I'ommon I'leas. (Decisions of the Courts on tliis sub-
ject will be jjivcn in part II. of these lectures, and the whole law in re^jard to
township councils.)
CHAPTElt IV.
THE LAW RELATING TO NON-RKSTDENTS.
1. A Besident of a School Section Defined.
(1.) A person who has his honi((, or place of husiiioss, in a stiction,
and on which he j)ays ta.ves, isn resident; (2.) Ajtprentices; {'^.) Huil-
,way Companies, Imvin'if roadways, stations, itc, in ti section; and
(4.) hoiKiJidc settlers, whost^ jiames are not yet on the assessmcjnt roll
are to ht^ regarded aw residents. (See clause (ll-*), of section 11, of
chapter Til.)
2. - A Non-Rosident of a School Section Defined.
A "non-resident" of a school-section is one who does not reside or
own taxable property in it. IJut a person may be a school rate-
payer of a secti Jii, and yet not lesiihi in it. Transient visitors, and
children who conu! to I'l^niain in a section for a short time, are also
non-residents.
8.— Non-ReaiJonts Liable for Rates in their own Section.
A pertjon ptiying rates in the S(!cti(jn in which he r(vsidt!.s does not
thereby relievo himself from the i)ayment of rates in his own or other
section in which he is taxed ; and idthough his children attend tho
school of a neighbouring section in which he pays rates, yet they must
be returned only in the st!ctiou in which he resides. (See next
section.) ,, . > ,
4.— Rights of the Non-Resident Rate-Payers of a Section-
A non-resident rate-payer of a section (as defined above) has a right
to send liis cliildren, or wards (if he be a guardian), to the school of
86
uuy Miction in wiiicli ]w |iiiyH Hfluiol-nitos; l)ut "kiicIi childri!!! shall
not \ni rotiirntMl uh iitbtndin;^ any other than the? school in the soctiou
in which tJicir purentH or ^iiiii'diunH rcHi«h'." (Hoe noxt Hection.)
6.— Rostriotod authority of Trustoos in regard to Non-
Residonts.
With tlie (!xc('|»tioii of chiUhcn iintl wiirdK of nou n-Nidcnt nito-
jiiiycrH, tniH/<'»'s imvo no iuithoiity to admit to tlicir .school the children
or wards of any otlicr non-n'sidcnt whatever; nor can tiiey lawfully
cliarge non-residents fees of any kind. (See s»'ction IH, chapter II.)
6 Poflnition of tho " Lands of Non-Rosidents " in a
Schuol-Soction.
The As.s('.ssnient Act declares that " Unoccupied land owntJil by ii
jiorsoti not resident, and not having- a lej^al «loinicile, or placo of
laisiness, in the towiishijt, villii;,'e, town, or city \vher<! the same is
nituate, or whose i-esidence or domicile oi* [ila«'e of Imsiness thcnun
cannot, ujion diliifcnt in(|uiry hy the assessor, ho found, and who hiiH
not siirnilied to the assessca-, ]>ersoiiaIly or in writin;;, that lie owns
such lands and desires to lie assessed therefor, shall he denominated
' lands of non-j'<'sidents."' (1. (See clause (H), of section !), chapter III.)
7. To whom is Land not occupied by the Owner, but the
Owner is known, to bo Assessed?
The same act says: "As laM<l ia»t occupied hy the owner, hut of
which ihe owner is known, and who, at the time of the assessment
hein^f made, resides, or has ;i le^'al domicile or place of husinti.ss in the
township, \ illiiue, town, or city, or who has sij;tiified jx'rsonally, or hy
writing', to the assessor, that \w owns the land, and desires to lie
ussessi'd therefoi', the same shall he a.ssessed a;,'ainst such owner alone,
if the land is iinoccnpied, or a<,'ainst the owner and occuj)ant, if .such
oivn]»ant he any other person than the owner. ('_' 1.)
8. —To whom should Land be assessed when the Owner is
unknown ?
Kui'ther, th(! Act says: If the owncu' of the land he not resident, or
he iinknown, and has not recpiested to he; a.sse,ssed tlu^n^for, in tho
manner in the last section mentioned, then if th(* land is occupied, it
shall h(^ iussessed in the nain(! of and a<i;ainst the occu)>iint; hut if tho
land h»' not occupi«Ml, th(!n it shall ho iiss(!.ssed as land of a non-resi-
dent. {2'}.)
9. How to collect Rates from Non-Residents.
(1.) Assess Noii-Rt'sidiiiits. — Non-residents owuin<j[ taxable property
in the section, should be assessed as other ratepayei-s. The collector
shall, one month after «lolivery to him of the roll and wan*ant,
and fourteen, days after he hiw4 tiiinsmitted by post a stjitement and
demand, levy for the amount due (with costs, payable to a di\'ision
' . * 36
coiut bailiff), and make distress of any goods and chattels yowjjof on
the non-resident's land, *' and no claim of propei-ty, lien, or privilege
shall be available to prevent the sale, or the payment of the taxes and
costs oiit< of the proceeds tliereof " He shall then advei"tise and sell,
as in the case of other defaulters. (l)()-98.)
(2.) Chattels. — In case, after diligent inquiries, no goods or chattels
can be found on the land in the section or township, and the i-esident
lives near or is known, and still refuses payment of i\w. rates (or in
case a person assessed moves out of the section and refuses payment),
the trustees must sue such i>erson in the division court.
(3.) Eeturti to Chrlc. — -In case it is not known where tin; non-resi-
dent lives, the trustees are required, before the end of the year, to
make a return to tht! clerk of the nninicipality of the lands of non-
residents, with a statement of the uncollected taxes diu^ on them.
The township council is then required, (after the beginning of the
next year), to pay these taxes to the trustees out of the genei-al funds
of the nniuicipality. In case of lefusal to do so, the township council
can be sued for the amount.
Note.— -The true and efTectiial remedy for the inconvenience arising out of the
"non-resident" relation wliich a school section system entails, (with its law of
restricted boundaries), is the adoption of a Township Board system, as provided by
law. Where this system has been adopted, the ratepayers have (so far as we
know) never reverted bat', to the narrower school section system, with its incon-
venience and greater expense.
10.— Decisions of the Superior Courts in regard to non-
resident's taxes
(l.) Mi-^e of collecting School Rates from Resident!; and /ton-Residents. — The
Court of Queen's Bench has decided that trustees are bound to collect by warrant
from the residents of the school .section ; and to sue for and recover by iheir name
of office from persons residing without the hmits of the section and making default
of payment. — Chief Superintendent of Juiucation, appellant, in re 'J'rnstees, 2 Moore
v. M^ni. AIcRae. I2 (\. B. K. 525. (See note to next clause.)
(2.) Trustees' Warrant to collect School Rates only legal within their ora<n Section.
They must sue non-residents. — The Court of Queen's Bench has also decided that
school tnistees can only issue a warrant to collect school rates within the limits
of the section for which they are appointed. — Gillies v. I Food, Ao, 6, JHlkim^ton.
13 Q. B. R. 357.
Note. — This decision was virtii.illy confirmed in 1870 by the Court of Cmnmon I'lc.is in the
case of Chief Superintendent in re Chapman v. Thriis/ier ei at, (20 C. P. R. 259), with the
addition of one of defining th.it a collector's municipality was a school section beyond which his
jurisdiction did not extend. The School Act of 1871, however, declares that a school collector
" shall have the same power and proceed in the same manner in his school section and toiuns/iip,
as a township collector, in collectnig rates in a township or count v."
(3.) Return of uncollected non-resident rates of past years may he made hy
Trustees. Such rates arc payable immediately out of thi general funds of the toiun-
ship. — The Court of Common Pleas has decided that, by the School Law, it is
made the duty of the local municipality to make up and supply any deficiency
arising to the school fund which arises from the inability of the collector of school
rates to collect the same by reason of their being no resident on such land, or no
goods and chattels thereon which can be distrained ; and that the legislature in-
tended that such deficiency should be made up out of the general funds of the
municipality, immediately after the return made to the clerk of the municipality of
37
what school rates are so in arrcar. It was also lu;l(l that trustees may, liefore the
end of each current year, return all school rates ujion lands not collected for the
reasons stated in the Act, and of wliich no jirior return has been made to the clerk
of the municipality. — Sr/nv/ Trustees No. i, Aitliiir v. Toxviis/iip Coii/ieil of
Arthur and Luther. 9 C. 1'. K. 5.^2.
(4.) Maudanius not }^rtinfed n'/ieii other renwtly eau lie //<?(/.-- The Court of
Common I'leas has decided that, as a jj[cneral rule, a mandamus will not be
.^ranted miless the jiarty making' ihc application has no other specific lc;,'al remedy
[/.£'., by suit (as in the case under icvicw) of the trustees to recover imposed school
rates on lands of non-residents |. l^jion an ai)])lication by school trustees for a
mandamus to obtain money from a nnmicipal cor[)oratioii, the affidavits bcinj;
contradictory, and this court having decided in the case of Sehool Trustees of'
Arthur v. the Munieipality of Arthur, 9 I'. I'. R. 532 [(pioteil above], that an
action for a balance due in a case such as this would lie, the mandamus was re-
fused. - .School Trustees .W^o. 7, J'.lui'ir \. The Muniei/xi/itv of Elzii'ir. 12 C. 1'.
R. 548.
Note. -In c.ise of refusal on die pari of ilic lounslnp council in ]).iy the .animnit of these
uncollcctetl rates, duly returned to it^ rlerU before tlie end nf the year in whicli the rate was
levied, the trustees can at once enter an action against the townsliip council for such amount.
(5.) K.xecutors, ejuallyunth the Testators, liable for Sehool Rale on A'on-A'esiilcnt's
Land.— The Court of Common I'leas has decided that a resolution of the free-
holders and householders of a school section lo pay the teacher's salary and the
expenses of the school, follow etl by a resolution of the trustees, directing a rate to
lie levied on the rateable jiropert)' of such section, to raiic the sum required, and
the preparation of a rate bill and warrant, are sufficient to render a non-resident,
having real estate within the section, liable for the sum rated by the trustees,
according to the assessed value of his real property; and that, being so liable, an
executor representing the estate is liable in an action of the same nature to which
the testator might have been subjected. --7>7^v/(V.f ,\'r). 2, Diinwkh v. MeBeath.
4 C. 1*. R. 228. (See clauses (12) and (13) of section 11, chapter lit.)
CHAPTER V.
SCHOOL SECTION AUDITORS- ACCOUNTABILI'J'Y OF
TRUS'J'KKS AND OTHERS.
1.- When, and by whom are School Auditors Appointed-
Tlie law requires tlie trustees of each section to appoint " a fit and
j>i'oj)er person" to be aiiditor of their scliool ticconnts he/ore the iirxt
of December' in eacJi year. In case of theii" neglect to do so, or in
case the one aj)point(Hl reftisf^s to act, the Inspector shall appoint o]ie
for them. The rate])ayt'rs are also recpiircd, at each annual meet'niy,
to appoint another auditor, so that either aitditor, or the two together
may aiulit the trustees' accounts.
2.— Auditors' time of meeting, and object of it.
The auditoi-s cho.sen, or either of them, shall, " before the day of
the next annual meeting" appoint a time for examining the accounts
of the school section and appme the trustees of the fact. .
3.— The object of the School Section Audit
Is, " to examine into and decide ui)on the accni-acy of the accounts
of the section, and w]iethor the trustees liave truly accounted for, and
expended for school purposes, the moneys recei\ed l)y them."
4. —Duration of the Time of Audit.
In case of dolay in conipl(!tin<( the audit, even beyond the yi'nv of
appointment, the law iloclares that " the auditors shall x'cmain in
oifice uutil their audit in ronipleted."
6.— When and to whom is the Auditors' Report to be
presented.
The auditors are rt'ijuired to submit the school accounts of the
section, "Avith a full report thereon, to the annual school meeting,
next after their appointment." They are furthei* required to repoi-t
at the same tiuuj " the result of their examination of tlu* accounts of
the year," and, with the trustees, to sign the trustees' annual report
for presentation to the meeting. (See section 3, above.)
6. —What the School Auditors have authority to do.
The school auditors can require the attendance of all, or any of the
parties interested "in the audit, ami of their witnesses, with such
books, papers, and writings as such auditors, or eitliei- of them, niay
require them, or eithe. of them, to produce; and the auditors may
administer oaths to such parties or witne.sses." They have also full
power to enforce their decisions, in case of i-efusid to comply with
them.
7.— Obligation on Trustees, their Secretaries, and others, to
give Evidence and furnish Information.
The law declares that, " if the trustees, or their secretary, in their
behalf, refuse to furnish the auditors, or either of them, with the
papei's or information in their power, and which may be reipurcd of
them, relative to their school accounts, the party refusing shall bo
guilty of a misdemeanour, and upon prosecution (before a magistrate)
by either of the auditors, or any ratepayer, be punished by tine or
imprisonment," " for any time not exceeding thirty days, unless the
fine and costs, and the reasonable expenses of endeavoui-ing to collect
the same be sooner paid."
8.— Further Obligations on Trustees and other Parties to
the Audit.
The School Act of 1871 also declares, that in case a "school
ti"ustee or other person, into whose hands any school moneys oi- school
property shall come, who neglects or refuses to account for oi' delivci*
tip the same, when called upon by competent authority to do so, the
County Judge shall make an ordei- requiring such trustee or i)erson
39 «
to appoiir beforo hi in. The judge, if he thinks the comphvint against
tlio party well founded, shall order tlnj party complained of to (leliver
up, account for, and pay over, the books, papers, chattels, or moneys
ajjplied for, by a certain ilay, with reasonable costs, on pain of im-
])risonment by the sherift", without bail.
9.— Responsibility of Trustees and others for Lost School
Moneys-
If it can be proved iit the audit, or at any other time, that " any
part of the public school money be embezzled or lost, through the
dishonesty or faithlessness of the party to whom it has Ijeen entrusted,
and pi'oper security against such loss not having bcuni taken, the
person whose duty it was to have exacted such security, shall be
persoitdllii rexpoiisU)/<; for the sums so embezzled or lost ; and the same
may be recovered from him by the jtarty entitled to recnvo the same,
by action at law in any court having jurisdiction to the amount, or
by information at the suit of the Crown."
10. - Question as to the " Lawfulness " or Expediency of
Trustees' Expenditure.
TIio auditors can (Mdy decide u])ou tlie lainfiiJm'nH, and not upon the
exi)edieiicv, of an expenditui-e. The trustfses are the sole judges of
the expvdifiirii of any expouditure. It is only on matters of ditference
between the auditors themselv(;s as to the [(twJnlnesH of any expendi-
ture, (that is, Avhether the expenditure is authorized by the Schooi
Law, or comes fairly witiiin the objects of the trust), that it is neces-
sai'v to submit tlie nuitt(>r for the decision of the scliool meetinj;, and
finally to the iusj/cctor. (8ee next section.)
11.— What are Lawful School Section Expenditures?
Tlie '• exy>enditure " of a school ma\|be "for any lawful purpo.se
whatso(>ver," and may therefore include collector's fees, law costs
incurred in maintnining or defending neces.sary or sticce-stifid suits.
])ostages, or any incidentals coimected with the office of tru.stees.
While trustees carry out tin; lawful decision of theii' constituents,
neither tli(! auditors nor any i)ublic meeting can limit, or deprive
them of th(^ autliority conferred upon them by the Act," as to what-
ever they may ju<lg(! expcdi(Mit with regard to the building, repairing,
renting, warming, furnishing, aiul keeping in order the section school
liou.se, and its fnrniture and appendages, and the school lantLs and
enclosui-es held by tlieni; and pi'ocuring appai'atus, library, prize, and
text books for tli(?ii' sc1uk)1s, ikc," as mentioned in .section 1.5 of chajiter
11. (See also stx'tions (! and 7 of cha])ter III.)
12. -Summary in regard to Audit of School Section Accounts.
The law requires trustees, their secretary-treasurer and all other
jDarties concerned, to fiu-nisli the school section auditors with all
vouchers for the jjayment of school money during the year, together
; 40
with such contmcts, agreements, i)a))ers, books, itc. and vorhal infoi--
mation, under oatli, if necessary, on the subject of the rec(nj)t8 and
expenditure as may serve to exi)hiiu the items in the; accounts. In
case of difference of o]>inion between tlie auditors on any matter in the
uccounts, it sliall be refei-red to and (h-cided by tlie county inspector.''
13 —Summary of Duties of Trustees.
The duties whicli trustees iire rerpiired to pcrfoi-ni, may be sum-
marized as folKiws : —
(1.) To call the annual school meeting, ami also a special one in
case of any diil'erence in regard to the school-site, death or itimoval
of ti-ustees, itc.
(2.) To prosecute all illegal voters at school meetings.
(3.) To make a verbal declaraticm of office within two weeks after
notice or knowledge of election as trustee.
(4.) To see that tlieir school is furnished with a trustees' book, a
visitors' book, a teacher's register, ami a Joxnuil of Kihicdt'iou.
Tliese two latter are furnisht^d without cost. The two former must
be pux'chased at the expense of the section.
(5.) To employ, ami pay school moneys to none but legally (jualified
teachers.
(0.) To lix no rate-bill upon pei'sons sending children to school for
any purpose.
(7.) "To permit all ]»upils between tlu^ age of <i\e and twenty-one
years, on whose behalf scliool-rates are paid, and who ol)serv(^ the
rules, to attend their school.
(8.) To visit the school and se(( that it is properly conducted ; that
no tuiauthorized books are used ; that all the ]tuj)ils are pro)»erly
su})plied with propei- textbooks.
(!).) To exercise idl tlu^ coi-porate powers vested in them, for the
fuliilment of all agreements, conti'acts, kc. ; and to maintain a school
in their section duriii' ohe y(>ai-.
(10.) To transmit uieir half-i/earlji returns and their ifiiurlj/ rejiorts
to the Inspector, and also to submit iheii' iii.arlii i-eport to the annual
meeting of their constituents.
(11.) To affix their corporate seal to all contracts, agreements,
<leeds, itc, luider their liand.
(12.) To appoint and take proper security from the secietary-
treasurer and school collector.
(13.) To make a return to the municij)al clerk of all rates imposed
by them.
(14.) To make no contract Avith any membei* of the school coi'-
jwiution, except for school site, or as collector.
(15.) To transact no school Inisiness except at a trustee meiiting
of which each member of the coi'i)oration has had due notice.
(16.) To appoint a school aiulitor before the 1st of l)eceml)er in
«ach year, and lay before the auditors all necessary information.
41
(17.) To comply with the award of the arbitrators aiising between
themselves and other parties, under the school law.
(18.) To call school meetings when desired by the ratepayers to
decide the question of school site.
(19.) To provide, at the expense of the section, for the cleaning of
the school-house and the lighting of fires, &c.
(20.) To provide a well, play yard and separate conveniences for
boys and girls.
(21.) To see that the prescribed programme is fully carried out.
(22.) To provide an assistant for their school, in case the average
attendance of pupils exceeds fifty.
(23.) To provide suitable school accommodation for all the pupils
in their section, as defined in the regulations.
(24.) To establish a free public school library as reqiiired by law,
to see that it is available to the inhabitants, and that it is properly
managed.
(25.) To follow the township assessor's roll in making out the list
of, and collecting, the school rate.
(26.) To take possession and have sole custody of all common
school property, moveable property, moneys, &c.
(27.) To obtain a legal title to their school premises, as provided
by law.
(28.) To do whatever they may judge expedient in regard to the
building, fitting, &c., of the school-house, appendages, play-groimd,
enclosures, lands, and moveable property.
(29.) To have the sole authority to appoint by written agreement,
and fix the amount of the salary of all male and female teachers
employed by them.
(30.) To appoint a school collector, secretary-treasurer, &c.
(31.) To establish, if they judge expedient (with the consent of
the insjjector), a male and female school in their section.
(32.) To provide a teacher's residence.
(33.) To raise all moneys, in the manner authoi'ized by the school
meeting. No meeting can lawfully decide what amount the tnistees
shall raise, but only the manner in which they shall do it. Should
a meeting neglect or refuse to decide upon the manner of raising the
sums required, the trustees can exercise their own discretion as to
which mode they Avill adopt.
(34.) To apply, if they judge expedient, to the municipality of
their township, once a year, before the August meeting (except in
case of a site and building), to raise any school-rate authorized by the
inhabitants ; and to comjiel the council to collect it, by mandamvs
from one of the Sujierior Coui'ts, should the council refuse to do so.
(35.) To exempt at theii* pleasure all indigent persons from section
school rates, and provide their children with text books.
(36.) To sue non-residents for school rates. School taxes on
absentees must, however, be collected as pointed out in section 9,
3
42
cliaptor IV. In case the township council should refuso to pay those
taxes (duly returned to the clerk,) the trustees can (mter an action,
in any competent coui-t, against the township council for the amount.
(37.) To call a special school meeting for any lawful school j)uri)08e.
(38.) To unite their school with the adjacent High School (if de-
sii-iible.)
(39.) To resign the office of trustee (if necessaiy,) with the consent
in AVTiting of their colleagues jiud of the Inspector.
(40.) To decline re-election if they see lit iov four years next after
going out of office.
(41.) To apply to county council against any objectionable act or
by-law of a township council in altering the boiaidaries of the school,
or to request an adjustment of their school section boundaries
(42.) To comply with the school law and regixlations generally.
N.B. — No scliool meeting of their constituents can deprive trustees of any of
these powers, or prevent their exercise.
CtT AFTER VI.
PUBLIC SCHOOL MEETINGS.
1.— Day of Annual School Meeting fixed by Law.
The day fixed by Statute for the annual school meetings throughout
the province is the second Wednesday of January, and the hour at
ten o'clock in the forenoon. The proceedings cannot close before
eleven o'clock, nor be kept open after four o'clock, p.m., of that day.
They cannot stand over to the following day nor be adjourned, nor
fail, should only two electors and two trustees be present. (See next
section.)
2.— Public Notice of Meeting must be given by Trustees-
Thi-ee public notices, to be j)Osted in as many conspicuous places in
the school section, should be issued at least six clear days before the
day of meeting, and signed by the secretary (by dii-ection of the
trustees), or by a majority of the Trustees themselves. The coi-jjorate
seal need not be attached to them. These notices should state the
time, place of meeting, and all the business to be brought forward.
Should the meeting fail to be held for want of notice, or other cause,
any two rate-payei^s, or the inspector, may call a school meeting within
twenty days after the second Wednesday of January.
*3 '
3 —Who are, and who are not, School Electors of a
Section.
Every Rchool riito-j):iyor of the saiitioii, wliethor roaidont or non-
resident, foinalo, or minor, who lias paid a county, township, or section
school tax, duriiis; the year, and wlio is not a supporter of a separate
Bcliool, hiis a right to be present antl vote at a school meotinj^.
4 —Declaration of School Section Elector's Right to Vote.
In c:ise any one objects to an elector's right to vote, tiie chairman
should require the elector to make a declaration of that right in the
following form (on doing so his vote must be received without further
question) : —
" I do declan; and atfirm that I have been rated on the assessment
roll of this school section as a freeholder (or householder, as the case
may be), and that I have paid a public school tax duo by me in this
school section, imposed within the last twelve months, and that I am
legally qualified to vote at this meeting."
6.— Appointment of a Chairman and Secretary of the
School Meeting.
The first thing to be done, before proceeding to other business, is
the appointment of a Chairman and Sacretaiy. The chairman may
be an elector or non-elector, at the pleasure of the meeting (if a non-
elector he cannot vote). The secretary may be the teacher of the
section, or any other competent person.
6 —Duties of the Chairman of a School Meeting.
(1.) To keep order.
(2.) To decide all questions of order, subject to an appeal to the
meeting.
(S.) To give a casting vote (but no other) if an elector.
(4.) To tJike the votes on any question before the meeting, in any
manner desired by two electors pi'esent. (See section 14 of this
ohaj>ter).
(5.) To hear the verbal declaration of office made (in the words of
the stiitute) by the trustee elect.
(6.) To transmit to the inspecto" a copy of the proceedings of the
meeting, signed by himself and the secretary, under a penalty of five
dollars for neglecting to do so.
7 —Duties of the Secretary of a School Meeting.
(1.) To make a correct minute of the proceedings.
(2.) To sign the minutes for transmission to the Inspector.
(3.) To hear tbo declaration of office made by the chairman, in case
he should be elected trustee.
44
8 — Prescribed Order St Business at a School Meeting.
The following is the order in which the business of an annual school
meeting should be taken up : —
(1.) Calling the meeting to order by the senior tnistee.
(2.) Election of chairman and secretary.
(3.) Reading of trustees' annual report and auditors' statement of
receipts and expenditure.
(4.^ Reception of trustees' report and auditors' statement.
(5.) Election of trustee to fill the vacancy of the year.
i6,) Election of trustee or trustees to till any other vacancy.
(7.) Election of a school auditor for the next year.
(8.) Deciding by whom the school expenses of the school shall be
raised, (that is by the trustees, or by the township council.)
Note. — The school meeting has no power to alter the trustees' estimate of
these expenses, nor to interfere with the appointment of the teacher, or to reduce
his salary. These expenses, which cannot be reduced by the meeting, include the
items of rent, insurance, repairs, fittings, printing ; salary of teacher ; maps,
apparatus, tablets, library, prize and text books ; fuel, cleaning, lighting fires,
care of premises ; postage, stationery ; collector's fees ; cost of site, building,
teacher's residence, outbuildings, shed, fence; planting and laying out grounds;
school bell and all other necessary expenses incurred by trustees in maintaining
the school.
(9.) Any other business, of which due notice has been given.
Note. — No business can be lawfully transacted at a school meeting, unless due
notice shall have been given of it by the trustees, inspector, &c., beforehand.
8 — Bules to be observed at each School Meeting-
The following rules are to be observed at each school meeting,
(see also section 10 of this chapter), viz. :
(1.) Foil demanded. — The name of those who vote foi', and of
those who vote against, a motion, shall be entered upon the minutes,
if two electors require it, at the time of voting, and even after the
chairman has declared the motion carried. (See section 14, below.)
(2.) Votes. — All votes shall be taken in the manner desired by a
majority of electors present, and a poll shall be granted if two
electors desire it. Every vote tendered shall be received by the chair-
man, imless objection be made to it. In that case the chairman
shall require the person, whose vote is questioned, to make the
declaration provided by law. After making it, the vote must be
received and recorded without further question.
(3.) Protest. — No protest against an election, or other proceedings
of the school meeting shall be received by the chairman. All pro-
tests must be sent to the Inspector, at least within twenty days after
the meeting.
(4.) Adjournment. — A motion to adjourn an annual school meeting
until the business is finished is unlawful ; but a motion to adjourn a
special school meeting shall always be in order; provided that no
46
second motion to the same effect shall be made until after some
intermediate proceedings shall have been had ; or provided that such
special meeting has not been called for tlie selection of a school site.
(See section 3 of chapter VII.)
(5.) Reconsidering Motion. — A. motion to reconsider a vote may be
made by any elector at the same meeting; but no vote of reconsidera-
tion shall bo taken more than once on the same question at the same
meeting, imless by unanimous consent.
(6.) Close of the Meeting. ^ — The school meeting must not close
before eleven o'clock in the forenoon, nor shall it continue open after
four o'clock in the afternoon — beyond which latter hour no business
can be lawfully transacted by the meeting.
(7) Transmitting Minutes to Inspector. — At the close of the meet-
ing, the chairman should sign the minutes as entered by the secretary
in the minute book. Within fourteen days after the meeting, the
chairman must send to the inspector a copy of the minutes (as signed
by himself and the seci-etary), under a penalty of five dollars.
(8.) Declaration of Office. — The trustee, or trustees-elect, should at
once make the declaration of office befoi-e the chairman of the meeting,
or within fouiiioen days after the close of the meeting. In case the
chairman is elected trustee, he should in like manner make the
declaration of office before the secretary.
NoTK. — In no case is an oath of office, or signer! declaration by the trustee-elect
required. The act must he verbally performed. Even if it be not performed, the
trustee is nevertheless a legal trustee until fined by a magistrate for neglect to make
the declaration. On being fined, the office is vacated, and a new election should
be at once held. Even should a trustee's election be appealed against to the
inspector, the trustee himself must hold office and act, until his election is legally
set aside. The principle is, that an individual coming into otHice by colour of an
election or appointment, is an officer de facto (in fact), and his acts, in relation to
the public, are valid until he is lawfully removed, although it be conceded that his
election or a|)pointment was illegal in the first place. When his election is con-
firmed, he becomes a trustee de jure (of right), and no further objection can be
made to him.
10 — Optional Bules-
Note. — The following are rules of order suggested, which may or may not be
observed, at the pleasure of the meeting, viz. :
(i.) Addressing Chairman. — Every elector, previous to speaking, should risu
and address himself to the chairman.
(2.) Order of Speaking. — When two or more electors rise at once, the chairman
shall name the elector who shall speak first, when the other elector, or electors,
shall next have the right to address the meeting in the order named by the chairman.
(3.) Motion to be read. — Each elector may require the question or motion under
discussion to be read for his information at any time, but not so as to interrupt an
elector who may be speaking.
(4.) Speaking twice. — No elector shall speak more than twice on the same
question or amendment without leave of the meeting, except in explanation of
something which may have been misunderstood, or until every elector choosing to
speak shall have spokeh.
4G
{$.) Jlfo/ions to be seconded. — A motion cannot be put from the chair, or debated,
unless the same be in writing (if retjuircd by tiie chairman), and seconded.
I (6.) iVilhdrawal of Motioti.—S.{\.\tx a motion has been announced, or read i)y
the chairman, it shall be <lcemed to be in the i)ossession of the meotin^j; but it may
be withdrawn at any time before decision, with the consent of the meeting;.
(6.) Kinds of iMotious to be trcehied. — When a motion is under dei)ate, no other
motion shall be received, uidess to amend it, or to postpone it, or for adjournment,
if a special meeting, as provided in clause (4), section y of this chapter.
(8.) Order of putthi;^ Motion. — All questions shall be put in the order in which
they are moved. Amendments shall always be put before the main motion: the
last amendment first, ami so on.
11 — First Business of the Annual School Meeting-
After appointing 11 chairman and secretary, the first busine-SH, before
electing a now triii,t(!e, is the reading of the school tnisto(» and auditors'
report for the past year for the information of the meeting. (For
other items of business to Ijo brougiit forward, see section 8 of thia
chapter.)
12.- -What the Trustees and Auditors' Report shall contain.
The law of 1871 declares that "the rej)ort of the trustees required
by law to bt) laid before the annual school meeting shall (1) ineliuh; a
summary of their proceedings; and (2) state of the school during the
year, tog(!ther with (.'5) a detailed statement of receipts atid expendi-
ture, signed by either or both of the school auditors of the section;
and in case of a dillerence of opinion between the auditors on any
matter in the accounts, it shall be referred to ami decided by the
County Inspector.
13 —Who may or may not be a Trustee
Any lit and proper person who is si resident assessed rate-payer of
the school section, may be trustee thereof; but no inspc^ctor, teacher,
non-resident, or supporter of a separate school can lawfully hold that
oflBce. The chairman of the meeting (if a i-atepayer, and otherwise
eligible), may be elected. In that case he should make a verbal
declaration of oflice before the secretaiy of the meeting. Should a
person elected as trustee refuse to serve, he subjects himself to a
penalty of live dollars; but a retiring trustee need not serve for four
years after his term of service expires. (See chapter I., sections 1
and 2.)
14— Three Modes of Trustee Election prescribed.
In electing a trustee, one of the three modes authorised by law may
be adopted, viz.: (1) by acclamation; (2) by a show of hands; and
(3) by polling the voters. The law requires the chairman to a<iopt.
the latter mode at the request of any two elef;tors j^resent, even
although he may, 011 a show of hands, have declared the person
elected.
47
16. Complaints to bo mado to Inspector.
Any porHon having a h^gal oltjoction, fiitluu' to tlio jn'ocoodingH of
tho aniuiul uuictiiig, or to thii oldction of thn tnisteo, has a right of
appeal against oith<'r, within twonty days, to tlio inspctctor alonn.
Tho inspector is rcipiircd by hiw to rocoivo and to investigato tho
coniphiint, and oithor confirm tho proceedings and election, or Hot
them aside within a reanonabhi 'Mue.
le— Appeal to the Chief Superintendent against Inspector's
Decision-
Should any rattvpayer ol)j(!ct to the Inspector's decision, no further
jn'oceedings should take place in the matter nntil an appeal is made
to tho head of tlu^ Education 1 )(>partnient (as provided by law in Huch
cases) and decided.
Note. — .Should ihe proceeilinji;s and eleclion l)c set aside, and no apjical be
made to the cliicf superhilendent, the inspector, or trustees, if desired, should call
another nieetinf; for a new election. If no complaint be made to the ins|)ector in
writing within twenty days after the niectin}^, the proceeding's (however irrejjular
they m.ay have been) must be held to be valid and binding; upon all jiarties con-
cerned. It should be borne in mind that the complaint (if maile at all) must be
referred, in the first place to the inspector having jurisdiction, and not to the
chief superintendent. The law provi(les for an appeal from the ilecision of the
inspector in such cases to the chief superintendent. In no case should the com-
])laint in the first instance be made to the ICducation T)e|)artment ; and, in all cases,
parties appealing nnist send the inspector a copy of their appeal, so that he may
have an opportunity to semi such explanations as ho may (leem necessary to that
Department.
17 —Mode of Calling Special School Meetings-
The notice calling a sjx^cial school meeting, should sj)ecify tho place,
time and objects of the meeting, [t may bo issued by the secretaiy,
or trustees, or by the Inspector. Three notices of the meeting should
1)0 put up in conspicuous places in tho section, at least six days before
the meeting. (Sec! .section 2 of this chai)ter.)
18.— What an Ordinary Special School Meeting can do.
A special if called to transact ordinary business can
(1.) Discuss, and decide at its pleasure, the business named in the
notices calling it ; or, it may, (uidess restricted as below.)
(2.) Ailjoum the fiirtliei" consideration of such business until an-
other meeting.
(3.) liesclnd (unless restricted, as below) the i-esolutions of a
former meeting, and pass others in their ])lace.
19.— What a School Section Meeting Cannot do.
A school meeting cannot la^vfully :
(1.) Elections. — Rescind any resolution or vote of a fomier meet
ing for tho election of a school tiiLstee.
(2.) Contract. — Rescind any resolution of a former meeting, if in
the meantime a contract, agreement, or obligation has been entered
into under its authority, unlcBS at tho Bamo time it fully providoB for
tho paymont of componsution or diunagoH cauBod by the roHcindiug of
Buch resolution or vote.
(3.) Adjourn, — Tho annual meeting, or any meeting called for tho
appointment by it and by the trustoos of arbitnitoi-H, to ducidu upon
a school site. (See next chapter, section 4.)
(4.) Award. — Set aside or ignore tho award of ai-bitratora ap-
pointed to feloct a school site.
(5.) Hate bill. — Impose rate bill for fees, fuel, or other puii)OSo»
U{)on residents, or non-residents. (See chapter IV. on non-residents.)
(6.) Trustees^ RUjIUh. — Interfere with tho tnistoos in their right to
employ a teacher, erect a school-house, or decide upon the expenses
of tho school, or tho improvomcnt of tho school promises.
CHAPTER VII.
SELECTION OF RURAL SCHOOL SITES.
1.— When a School Site requires to be chosen.
There are three cases in which tho question of School Site comes
up for consideration in a school section : (1.) On the establishment of
a new section; (2.) On tho change of site in an old section; and (3.) On
the enlargement of an existing site.
2.— Joint action of Trustees and Batepayers in the choice
of a Site.
Of the three cases relating to tho choice of school sites which wo
have mentioned, tho first and second only recpiiro tho joint action of
the tnistees and ratepayerf ; the third is within the province of tho
tiiistee alone to determine.
8.— Meetings required for Procuring or Changing a School
Site— When it cannot adjourn without action.
The necessity for joint action is clearly obvious, even without an
expression of opinion, when a now school section first goes into
opei-ation. It is, however, fi'equently difficult to determine whether
the state of feeling in regard to a change of site in an old section is
sufficiently decided to wan-ant the tnistees in calling a meetiMg to
discuss the question. However, if they know that such a f'jeling
exists, the law requii-es them, within a reasonable time^ to call a
"fecial meeting" to " consider" the question. If, at this meeting,
" a difierence of opinion as to the site of tho school" is found to exist,
49
" botwoon tho majority of tho tmstooa and a majority of the rate-
payora," tho law requires that each party shall at oiico chooso an
arbitrator. It is, thoroforo, not coinpotont for this Hi)ocial meeting
to adjourn, until (uthor tho majority of tho trustoos and tho rate-
payorH ii^ren as to a sito, or, (in civho of a diffori'iico of opinion on
tho Hubjoct,) thoy rospoctivoly appoint an arbitrator to soloct ono for
thorn, (Sco next section, and Hoction 8 of this chapter.)
4.— Remedy in case of failure to call a Meeting, or to
appoint an Arbitrator.
In ciuso tho trustees refuse to call a "H])ocial iiu^eting," as required
by law. for " procuring " or " changing " a sito, tho inMj)ector is
authorized to do ho; or, if "at such siiecial mooting" a dirterence of
opinion should arise in regard to a sito between the tnistoes and
ratopayia'S, and tho chaii'man or a majority of tho ratoj)ayei's by vote
should unlawfully "adjourn tho meeting," and thus neglect or refuse
to appoint an arbitrator," tho law declares that then " it shall be
competent for tho county inspector, with tho arbitrator a})pointed, to
moot and determine tho matter ; and tho inspector, in cuso of such
refusal and neglect, shall have a second or casting vote, provided '*
ho and the ono arbitrator appoiiited " should not agree."
6.— Remedy in case one of the Arbitrators should refuse
to act.
Should two ai'bltrators be apjwinted at the school meeting to select
a sito, and should either of them (having received notice) neglect or
refuse to attend a meeting of tho ai-bitratoi-s, on tho subject, the law
declares that " it shall bo competent for tho arbitrators ^'resent to
make and publish an award upon tho matter submitted to them, or
to adjourn tho meeting for any ])eriod not exceeding ten days, and
give the absent arl)itrator notice of such adjournment."
6.— Power of the Arbitrators— Kind of Site to be chosen.
Tho laWj^f'iys, that "in case of a difference jus to tho site," the
arbitrators r,p])oi'ited " shall finally decide tho matter." The choice
of tho arbitrators as to a sito is thus loft free. They are not bound
to select either, or any of tho sites in dispute, but should chooso one
best adapted to tho wants of the section. It should be an acre in
size, (but cannot be less than half an acre), in a pleasant situation, and,
(without the consent of the owner), should not be within a hundred
yards of his house, orchard, pleasure-ground, or dwelling-house.
Arbitrators are "entitled to the same remuneration per diem for the
time employed" as are county councilloi-s ; "and the parties concerned
shall pay all the expenses of the arbitration," according to the award
of the ai'bitrators.
5&
7,— Making and Publishing an Award— They may bo by
Deed or Parol.
"When the arbitrators liave agreed u]>on tlicir award, they should
reduce it to writing, sign and seal it. This is " making " the award.
When thus made, it should bo sent to the trustees, for their informa-
tion and that of the ratepayers. Tliis is "publishing" it. It is
competent, however, for the arbitrators to declare or publish the
award orally, in presence of the ])arties concerned, viz., a public
meeting of the trustees and i-atepayers. Should the award thus
published be afterwards, by conscuit, reduced to wi'iting, (as above)
it should be identical in its t(,'rms with the oral declaration made,
and should be merely a wiitten copy of it. Any material variation
in the written copy from the oral award would destroy its validity
and finality. (See Davis v. M'Givern. 11 Q. B. K. 112.)
8.— Summary of General Rules in regard to Arbitration.
(i.) Constitution of the Arbitration Court. — Any one who can contract, can
submit matters in dispute to arbitration. Either a friend or enemy, or a ])erson
having an interest in tlie cause, may be chosen. All the arbitrators should be
chosen before proceeding to the arbitration, except wiiere otherwise jHovidecl (as
in the case of a school site.) Where there are an odd number of arbitrators, a
majority decides all matters submitted to tliem; l)ut, where tlie number is '.wo,
four, &c., who are equally divided in their opinions, any person who may be
selected as umpire has the sole right to ilelermine the ])oinls of difference, and
make the award. The inspector is, ex officio, umpire in cases where only two
arbitrators arc present.
(2.) Duties of Arbitrators. — It is the duty of arbitrators to hear evidence on
both sides. If parties to ihe arijilration, and their witnesses, who are duly notified,
do not attend, the arbitrators can proceed, ex parte, and decide according to the
best evidence before them. An arbitrator cannot delegate his power; but, if he
obtains the opinion of jirofessional men, he may adopt it as his own. He may,
however, delegate, purely ministerial acts, such as to go from one place to another,
to obtain certain deiinite information, or estimate the value of some specific work
performed ; but he cannot direct any person to commit a trespass.
■ (3.) Time of making an Award. — If no time be fixed, an award should be made
and published within three months from the time of the submission. The time for
making an award may, however, be enlarged. If lime lapses, the power of the
arbitrators is gone until it is enlarged.
(4.) Making and Publishing an Award. — All awards should be in writing, but
may be made and pul)lished orally. An award is made when all the arbitrators
have signed it. When signed by the arbitrators, their power is gone. An award
is published when it is sent to the parlies concerned, or notice is sent to the parties
afiected by it that it is ready to be delivered. It should be delivered on the day
fixedj .nd then the fees and other expenses on it are payal)le. Any kind of words
may be used in an award ; but it should be definite and conclusive on all the
points submitted. Arbitrators are not required give reasons for their award.
(5.) fudgmcnt and Experience. — In Martin v. Kergan, (2 I'rac. K., 370), it
was held that the parties to an arbitration "have a right to the arguments, experi-
ence, and judgment of each arbitrator, at every stage of the proceetlings."
(6. ) Costs of Arbitration. — Where the costs of the arbitration are at the discretion
of the arbitrators, and the award says nothing about them, each party pays his own
costs of reference, and the costs of the award are to be borne equally. — Glens.
Grand Trunk Kaihuay, 2 I'rac. R. 377.
51
0.— Power of, and Bestriction on, School Meetings in
regard to "Awards."
Even after an arbitrator or a,rbitrators have been appointed to
select a site, it is competent for a majority of the trustees and of a
public school meeting called for that purpose to agree upon the choice
of a site before an award is made. This agreement revokes the
submission of the matter to arbitrators, who should at once be notified
of the fact, so that no award may be "made." If, however, an award
be made and ptxblished, it is not competent for the trustees, or a
public meeting, to set it aside, either by choosing a site themselves,
or by appointing other arbitrators to select one.
10.— Powers of the Trustees in regard to enlarging a
School Site.
Where no desire is felt by tlie trustees or ratepayers to change the
site of a section, the trustees have full })ower to enlarge it at theii"
discretion, and to erect a new school house on it, or to rejjair the old
one, without consulting their constituents.
11.— Sale or Exchange of the old School Site.
In case a new school site is r^hosen in a school section, and the old
one is no lougtu- recpired, the trustees are authorised " to dispose, by
sale or otherwise, of any school site or school property not required
by them, and to convey the same uudei" their corporate seal, and to
ap])ly the proceeds thereof for their lawful school purposes. And all
sites and other property given or acquired, or which may l)e given or
acquired, for common school purposes, shall vest absolutely in the
trustee coi-poration for this piirpose."
NoTF.. — This case difliers materially from one in which a change of boundaries
necessitates a change of site. Under such circumstances the law declares that,
"In case a school site or school house, or other school property be no longer
required in consequence of the alteration or the union of school sections, the same
shall l>e disposed of by sale or otherwise, in such manner as a majority of the
rate-payers in the altered or united school sections decide at a public meeting called
for that purpose. And the inhabitants transferred from one school section to
another, shall be entitled, for the public school purposes of the section to which
they are attached, to such a proportion of the proceeds of the sale of such school
house or other ]iublic school property, as the assessed value of their property bears
to that of the other inhabitants of the school section ftom which they have been so
.separated ; anil the residue of such proceeds shall be applied to the erection of a
new school house, or to other public school purposes of such altered or united
sections."
12.— Owner of Land must Sell School Sites selected.
If the owner of a newly selected school site, or of land adjoining
an old site (which the tiiistees have decided to enlarge) should refuse
to sell it, or should ask an imreasonablo price for it, the law requires
the trustees and owner each to appoint an arbitrator to apjjraise tL.'
damages, to the owner, of such compulsory sale. Upon the tender of
payment of these damages to the owner of the land by the trustees,
they can take possession of the land for school purposes, and proceed
to erect a school-house on it, or to enclose it.
53
13.— Power and Privileges of the Owner only relate to a
new Site.
On the selection 0/ a person's land (without his knowledge or
consent), within one hundred yards of his garden, orchard, pleasure-
ground, or dwelling-house, the owner may either consent to the sale
of the new school site at a reasonable rate, or he may refuse to sell
it, at his pleasure. But, in regard to the enlargement of tlie old
school site, the law gives the owner of the adjacent land no such
privilege, and the tnistees should offer to buy the additional land. In
case of refusal to sell it, the law requires the trustees and owner,
each, to appoint an arbitrator, to appraise the damages, and upon
tender by the trustees (as above) of the amount of damages awarded,
the trustees can take and use the land for the purposes of then- trust.
Note. — The provisions of the law on the compulsory sale of school sites are
twofold, although they have been frequently confcnded together. The first part
of the section on the subject refers (ist.) to "the selection of land for a school
site," and (and.) to "the selection of land for ctilargivg scJiooI premises." In
these two cases, the tnistees can demand an arbitration i.hould the owner of the
selected or enlarged site refuse to sell, or ask too large a price for the land. In
the first class of cases, (/>., the selection of a new site,) the owner can lawfully
refuse to sell, or to submit to arbitration, when the selected is within lOO yards of
his "orchard, garden, pleasure-ground or dwelling-house;" but where the
trustees merely wish to enlarge their existing school premises, the owner has no
such right. The provision of the law, giving this right, limits it to the ^^ selection
of a site" and not to the enlargement of the school premises. Two things are
provided for in the Act, while the right reserved to the owner of the land refers
only to one of them — that is to the case of the selection of a ne^v site, and not
to the enlargement of the old one. The provision of the law does not in any case
(as has been supposed) apply to persons whose house, orchard, &c., may happen
to be within 100 yards of the proposed site, but who are not in any way concerned
in the sale of land for the site.
14 —Township Council may purchase School Sites.
The Municipal Institutions Act authorizes to-wnshij) councils to
pass by-laws " for obtaining such real property as may be re(piii*ed
for the erection of public school-houses thereon, and for other public
school purposes, and for the disposal thereof when no longer i-equired ;
and for providing for the establishment and supjjoil; of public schools
according to law."
16— Decisions of the Court in regard to School Sites.
( I . ) In selecting a Site, Trustees cannot act linlhout consulting their constituents. —
The Court of Queen's Bench has decided that the tnistees cannot, without refer-
ence to the [assessed] freeholders and householders of the section, detennine upon
a site for the school-house, and impose a rate to meet the ex])cnse of its purchase. —
Orrv. Ranney "t al, No. 15 Westminster. 12 Q. 13. R. 377.
(2.) Arbitration before award made, may be superseded by mutual concurrence. —
Chief Justice Robinson thus laid down the law on this subject : — As a general rule,
we take it that where two parties have a difference upon any matter of business,
and refer it to arbitration, they may afterwards agree upon the matter on which
they had differed, and so may render it unnecessary that any award should be
made. By the common law either party might, before the award made, revoke
53
the submission. — There have been restrictions lately placed by statute upon this
right of one party to revoke without the concurrence of the other, but it would be
most unreasonable and inconvenient to hold that both the parties may not come to
a settlement of their dispute, and so dispense with the necessity for the arbitrators
proceeding. — Chief yusticc Robinson, in re Vance y. King, ct at. No. i Ilalloivell,
21 Q, B. R. 187.
(3. ) First arbitration in regard to a Sc/iool Site, cannot he set aside by a subsequent
Special Aleetiiig. — The Court of Common Pleas has decided the following case :
When a meeting was held to change the site of a school-house, and arbitrators
appointetl, who met and decided the question, but their decision was not acted
upon ; subsequently another meeting was called, and their decision and proceedings
were acted upon and the site changed. Held, that the proceedings were irregular,
and that the trustees had no authority to change the site of the school-house
without the sanction of a special meeting of the [assessed] freeholders and house-
holders, and that the second meeting had no authority to alter the .determinations
previously made. — Williams s. Trustees, No. 8 Plytnpton. 7 C. P. R. 559.
(4. ) Replevin — Arbitration in regard to school site — Blanks filled in after execu-
tion — Award roidered invalid thereby. — The Court of Common- Pleas decided the
following case : Replevin* — Two defendants avowed [/. e. maintained and justified
the act done by them] ; the third pleaded the convening of a special meeting of
freeholders and householders of a certain school section to procure a school site,
when it was agreed to procure a certain piece of ground and erect a school-house
thereon, which was done. That plaintiff was a resident freeholder when the
meeting was held and when his goods were seized, and was assessed $80 for
building said school-bouse, &c. The plaintiff pleaded that the meeting above set
forth was null and void, because before the said meeting another had been con-
vened according to law, when a difference of opinion existed between a majority
of the freeholders and householders as to choosing a school site, and arbitrators
were appointed, who decided upon a certain site, which decision remains in force,
and the defendants in contravention thereof wrongfully purchased the site mentioned
in their plea, and wrongfully distrained, &c. Upon demurrer. Held, that the
second meeting pleaded by the defendant was a violation of the provisions of the
statute, and that the plaintiff was entitled to judgment. The arbitrators to whom
a reference in this cause was made under the school act executed an award, the
description of the lot not being fully inserted, but a blank being left therefor,
which was afterwards filled in and the word lot altered into gore. Held, that the
award was insufficient. Held, also, that school trustees who executed a warrant
as such trustees under the seal of the trustee corporation were not personally re-
sponsible. — Ryland v. King et al. No. I, Hallotvell, [See decision of the Queen's
Bench below, in effect reversing this case,] 12 C. P. R. 198. For definition of
the word "replevin," see * below.
(5.) A similar case decided by the Court of QueerHs Bench. — Replevin against
two school trustees and one King, a bailiff, for a horse. Defendants pleaded, I.
That they did not' take ; and 2, an avowry, setting out in substance that on the
30th of October, 1858, a special meeting of the freeholders and householders of
the section had been duly called to procure a school site and erect a school-house
thereon, at which it was agreed to procure a certain site named : that this was
procured and the school-house built : that the plaintiff was duly assessed for a
sum specified : that the trustees by their warrant commanded King to collect it ;
and that after demand and default made he seized the horse. The plaintiff pleaded
to the avowry, 1st, de injurid ; and, 2nd, as to the justification by the tnistees,
that the meeting was void, because before it took place a special meeting of the
freeholders was duly held to procure a school site, at which a majority of the
trustees differed from a niajority of those present with regard to the site, in
* Replevin : the name of an action for the recovery of goods and chattels. Replevy : to
re-deliver goods which have been distrained, to the original possessor of them, on his giving
pledges in an action of replevin.
64
consequence of which the freeholders and householders, the trustees, and local
superintendent, each appointed an arbitrator to decide the question ; that the
arbitrators detennined upon a site specified, dilTercnt from that mentioned in the
avowry, wliich award remained in force, and that the trustees, contrary to this
decision, wronj^fully purchased tiie site mentional in the avowry. Tlie defendants
replied that there was no such award. As to this issue taken upon the first plea
of the defendants, it appeared that the horse was seized by King under a warrant
.signed by two trustees, commencing : " We, the undersigned trustees of scliool
section," &c., and sealed with the corpoi-'te seal. Held, that the trustees were
liable iiersonally, not in their corporate capacities only. With regard t(j the second
and third issues, raised by the plea of dc injuria to the avowry, and rei)lication
denying the award, the evidence showed that in 1857 the inhabitants were divided
as to the choice of a school site, and an award was made but not acted upon : that
in 1858 the same difterence existed, and one of the trustee>< also differed from his
co-trustees ; that in Maieh the two trustees, defendants, ol)tained a conveyance of
half an acre, part of lot 15, and in May a meeting was hekl at which arbitrators
were named and an award made ; but the inhabitants being still dissatisfied,
another meeting was held in July, when the arbitrators mentioned in the plea to
the avowry were chosen. In the meantime the building was commenced upon the
land conveyed. On the 4th of September an award was drawn up [in which a
blank was left for a description of the site.] On the 30th of October, 1858, a
meeting was held, having been regularly called by the two trustees, to settle the
question finally, and a resolution jiassed adopting [as the site] the land conveyed.
In April, 1859, the two trustees, defendants, met, the third being absent from the
country, and resolved upon the rate, which was inserted by the clerk in the roll,
and the warrant was issued to King, who seized the pla'ntiff's horse. The plain-
tiff, after that, set about getting the award of .September, 1858, which was after-
wards filled up by two of the arbitrators, who state<l that it had been left blank
because they did not know the precise description of I,ondon's land. IL'ld, that
upon the second issue raised by plaintiif, defendants were entitled to succeed, for
the evidence sustained the avowry. And that upon the third issue raised by the
plaintiff they were also entitled to the verdict, for there was in fact no award
made, and even as it was altered after execution the description was too unceitain.
Ryland v. The same defendants, in the Court of Common Pleas, commented upon.
[See above.] I/dd, that under the circumstances proved, the reference did not
make the subsequent meeting illegal. I/cld, also, upon demurrer, that the avowry
was good, the omission of any averment essential to the validity of the rate being
cured by the second plea of the plaintiff to it, which relied wholly u]ion the award :
that the second plea of the plaintilTwas bad, for not shewing that before the award
the trustees and inhabitants had not duly selected the site built upon, as they might
do notwithstanding the reference; and that the replication to it denying the award
was a good answer. — Vattce \. A'iii!^ et al, A^o. i, Hullmvcll. 21 Q. B. R. 187.
Note. — See also Decisions of the .Superior Courts in regard to School Houses. Chapter II.,
Section 13, pages 19 and 20.
55
CHAPTER. VIII.
PUBLIC SCHOOL TEACHERS,
1.— What Constitutes a Public School Teacher.
A duly ruialifiod ^ ublic school toacLer is ono who, at the time of
engaging; with tlie trustees, and duri' g the whole time of teaching
their school, is jtossessed of a " legal certificate of qualification "
(whether first, second, oi- third-class), issued under the authority of
tlie Public School Acts of Ontario. ^
2.— Who cannot hold the office of Public School Teacher.
The law declares, that "all agreements between trustees and
teachers, to be valid and binding, shall be in writing, signed by the
parties thereto, iind scaled with the corporate seal, and may lawfully
include any stipulation to provide the teacher with board and lodging.''
Note. — All aL^reemcnls between ttustces and a tr.-aclier must be signed by at
Ibast two of the mistees and a teaelier, .-and must I'lave tlie corporate seal of the
section attached to it, (as above) otherwise the trustees maybe vnadc fersotially
responsible for the fulfdment of their agreement, and can then be sued individually
by the teacher. It should also be entered in the tnistees' book, and a copy of it
given to the teacher. (.See form of agreement between trustees and teacher, as
given below. *) The trustees being a cor[)oration, their agreement with their teacher
is binding on their successors in office, if made in accordance with the foregoing
section ; and should they refu.se or wilfully neglect to e.xercise the corporate powers
vested in t.;em to give it effect, they would be personally liable for the amount due
a teacher. The niotle of settling ilisputes between trustees and a teacher is by suit
in the Division Court.
* KORM OF ACREEMENT UETWEEN TRUSTEES AND TEACIIERs.
We, the undersigned, Public School Tru-stees of Section No. — , in the Township of , in
the County of , by virtue of the authority vested in us by the School Acts of Ontario, have
chosen [here insert tlic Trac/u-r's nniiir], who holds a class certificate ot qualification, to be
a J'eacher in said School ; and we do hereby contract with and employ such Teacher, at the r.ite
of [/lere insert the sum in words, \ per annum, from and after the date hereof; and we further
hind and ohlif;c ourselves and our successors in office, faithfully to observe and comply with the
.school re;;ulatioiis relating to us, and to employ the powers with which we arc legally invested by
the said Acts to c'ollect and pay the said Teacher, during the continuance of this agreement, the
sum for which we hereby become buund,- the said sum to be jiaid by us to the said Teacher
Xqunrtetly, inont/i/y, <5r"i., as the case may be.\ And tlie said Teacher hereby contracts with the
Trustees herein named, and binds himself ly>-/(«'rjr//] to teach and conduct the Public School in
said .School Sedinn, according to the School Law, and the regulations which are in force under
its authority. This agreement shall continue in force {here insert the period o/ agreement,] from
the date hereof (unless the certificate of the .said teacher should in the meantime be revoked or
annulled, according to law), and .shall not include any teaching on Saturdays, or on other lawful
holidays and vacations, prescribed undef the authority of the School Law ; but all such holiday.s
and vacations, diiriu'; and at the immediate close of the term of this .igreement, shall be at the
absolute disposal of the teacher, without any deduction from his salary whatsoever.
A B ■) .
Given under our hands and seals of office, (•' jj' (. Trustees
this- day of- , and 1E7 , y' p' ^ corporate seal.
K. L., iVitness. g! H., Teacher. [Seal.]
NoTi^ — Sec " Decisions of the Courts relating to Trustees and Teachers,' section la of thii
chapter.
66
3 —Assistant Teaohers in a Public School.
No high, or public school tnistee, and no Inspector, can lawfully
hold the office of, or act as a, public school teacher, and vice versa.
Note. — For conditions on which teachers may obtain certificates of qualification,
see chapter xii.
4.— Who shall be the Master of the School.
Whenever the average attendance of pupils in a public school
. reaches fi/tij, the trustees are required to " employ an additional
teacher as an assistant,"
Note. — The law expressly declares that every person receiving any part of the
school fund (as teacher or assistant), shall hold a legal certificate of qualification.
The Superior Courts have also decided that trustees cannot legally levy a rate for
the payment of a * cher who does not possess the necessary qualifications as such
under the school laws. (See clause (4), section 12 of this chapter, page 62.)
6.— General powers of the Master of a Public School.
In every school in which there are two or more teachers employed
theruin, the tru«j*,cos shall de^efmine who ^shalj be considerctif as the
master of the school.
Note. — The head teacher employed in any public school, in which there is
more than one teacher, shall be designated and known as the master; and the
others shall be named first, second, or third, &c., assistant teacher,
6.~Discipline in the School— Authority over Pupils.
The master of every school is a public officer, and, as such, shall
have power, and it shall be his duty to observe and enforce the
following rules : —
n.) See that the Rules are observed. — He shall see that these
general rules and regulations, and any special rules (not inconsistent
with them) which may be approved by the trastees for their respec-
tive schools, are duly and faithfully caiTied out, subject to appeal, in
case of dissatisfaction, to the Inspector. He shall read, or cause to
bo road, in his school, at least once in each quarter (or otherwise
inform the pupils of), ao much of the regulations as shall be neces-
sary to give them a proper understanding of the rules by which they
are governed.
(2.) Prescribe duties of Teacliers. — He shall prescribe (with the
assent of the trustees) the duties of the several teachers in his school,
but he shall be responsible for the conttrol and management of the
classes imder their charge.
(3.) Religious exercises — Ten Commandments. — He shall see that
the regulations in regard to Opening and Closing Exercises 0/ the
Day are observed, and that the Ten Commandments are duly taught
to all the pupils, and repeated by them once a week.
57
7 Duties of Masters and Teachers in regard to Teaching.
It Bliall also bo the duty of each master and teacher of a public
school to observe the following regulations : —
(1.) General PrincijdeH of Governiaent. — Miustors and teachers are
to evince a regard for the improvement and genei-al welfare of their
jnHiils ; treat them with kindne.sa, combined with firnniess, and aim
at governing them by tlum- affections and resison, rather than by
liai-shness and severity. Teachers shall also, as far as practicable,
exercise a general cjire over their pupils in and out of school, and
shall not confine their instniction and superintend(!nce to the iisual
school duties, but shall, as far as ])0Hsible, exteiul the same to the
mental and moral training of such })Upils, to their personal deport-
ment, to the practice of correct habits and good manners among them,
and to omit no ()i)portunity of inculcating the principles of Truth and
HoNKSTY, tlui duties of I'espect to BU[)eriors, and obediciiice to all
persons placed in authciity over them.
(2.) — J)isc!/)Iine. — Each master and teaclun- shall practice such
discipline in his school, class, ( !• departr.',(mt,,as would beexercised by
a kind, firm, and judicious parent in his family. It is strictly enjoined
iipon all teachei-H in tlui schools to avoid the appearance of indiscreet
haste in the discipline of their ])upils ; and in any difficult cases
which may occur, to apply to the master [if an assistant], inspector, or
to the ti'ustees (as the case may Ik;) for advice and direction.
NoTK. — Tlie followiiifj arc modes to be adopted or avoided: —
(i.) Proper. — Reproof, kindly 1)Ut firmly jjivcii, citlicr in private or licfore the
school, .IS eircumslaiices re(|uire it, or such severe puni-iimenl .is the case really
w.arranls, administered as directed in the above ref^ulation.
(2.) Improper. — Contemptuous Iangua_L,a', reproof .-idministered in passion, per-
sonal indignity or torture, and violation of the laws of health.
()?.) St(^t(' of fed'niii (tmoujf Puinh. — Masters and teachers shall
(Hiltivate kindly and affectionate feelings among the ])upils; dis-
eounttiuance quarnjlling, cruelty to aiumals, and every iipproi*ch to vice.
(4.) Poiwr to Hnnpend Pupils, — TIk* master shall suspend (subject
t/) a])p(ial, by the parent or gunrdian, to the trustees) any inijul for
an}'^ of tlie following rcNisons : —
(rt.) Truancy persisted in.
(6.) Violent opposition to authority,
(f.) R(»petition of any oflcnce after notice.
(</.) Habitual and determined neglect of duty,
(c.) The use of })rofane, obscene, or other improper livngiiage.
{/.) Gcmei'al bad conduct, and bad example, to the injury of the
school.
(.').) Cutting, marring, destroying, defacing, or injuring any of the
])ublic school pro])erty, such as Iniildings, furniture, seats, fences,
trees, shrublxny, tfec. ; or writing any obscene or improper words on
the fences, v»'alls, privies, or any pait of the premises; provided that
4
w
any master suspending a pupil for any of the causes above named, sliall
immediately, after such suspension, jfive notice thereof, in wnting, to
tlie parent or guardian of such pupil, and to the trustees, in which
notice shall he stated the reason for siich suspension ; but no pupil
shall be expelled witho\it the authority of the trustees.
(0.) Expuisio)i of Pupils.— W]nm the example of any pupils is veiy
liurtfiil to the school, and in all cases where reformation a])pears
hopeless, it shall be the duty of the master, witli the a])i)robation of
the trustees, to expel sucli pupil from the school. But any j)tipil
under public censure, who shall ox])ress to the master his regret for
such a course of conduct, as ojienly and explicitly as the aise may
require, shall, Avith the appro! )ation of the trustt!es and master, \)e
re-admitted to the school. The third section of the School liuw of
1871, declares " that any pujul who shall be adjudged so refractory
by the tnistees (or a majority of them) and the tenclKU", that his
presence in the school is deemed injurious to th(* other ])upils, may
be dismissed from such schocW, and, whert; practicaV)le, removed to an
Industrial school," ic.
NoTK. — The master, under clause (2)ofsectU)n 5 of this chapter, may authorize
the assistant to suspend or otlierwise deal with pupils in his class, as provided in
clause (4) of this section,
8.— Duties of Masters and Tee.chers in regard to Teaching.
The law reqiiires each master or teacher of a j)ul)lic school:
(1.) " 7V Teach DlUgentlij and faithfully all the bi-auches retpiii'ed
to be taught in the school, r .cording to the terms of his engagement
with the tnisteef 1 according to the regidations and provisions of
the school acts."
(2.) Classifi/ Pifpils. — He shall classify the children according to
tlie books used; study those books himself, and teach according to
the improved method recommended in their prefaces. The division
of the pupils into classes, as presci-ibed by the programme, shall be
strictly observed; and no teacher shall be allowed to take his or her
class beyond the limits fixed for the classes taught by such teachera,
without the consent of the master (if an assistant) or inspector,
except for occasional reviews; but individual pupils, on being qualified,
may, with the consent of the master, be advanced from a low(!r to the
liigher class.
(3.) Constant Employmynd to Pupils. — He shall give the children
under his charge constant employment in the studies prescribed in the
authorized programme; and endeavour, by judicious and diversified
modes, to render the exercises of the school pleasant, as well as
pi'ofitable. In giving out the lessons for the next day, difficult })arts
should be explained, and where necessary, the best mode of studying
them should be pomted out to the pui)ils.
Note. — Through a singular misapprehension on the part of some teachers, they
think that the programme requires them to leach the whole aggrrgate hours pre-
69
sciibed for tlie (lifiercnt subjects in the programme-. This is an entire mistake.
The object of the i)rogranime was two-fold— to provide work, (i), for tlie master
or teacher, and (2), for the jiupils wliile he was engaged. No master is retiuired
to teacli more than 27^ hours per week ; but wliiie lie is teaching one class one
subject, the other classes should be engaged in studying the other subjects, accord-
ing to the programme.
(4.) Time- Table. — Eacli master shall keep, in aomo conspicuous
place in the Hchool-rooni, a time-tablo, showing the order of exercises
for each day in the week, and the tiuio for each exercise, as prescribed
in the pi-ogranimo of studies for public schools.
(i).) Merit Carch — Prizes. — In all tLi; schools, the srn'es fif merit
cards, prepared and authorizo-d by the Education Department, shall
bo regularly used; and if jjrizes are given, it must be on the principles
laid ilown in the explanatory memoraiidum accompanying that series
of cards.
(6.) Quarlerh/ Exainiimilon. — Each class in every school shall be
open for public examination and inspection during the last week of
every (piartor; and the master or teacher sliall call upon every pupil
in the school, unless excused, to review or recite in the course of such
examination.
(7.) Tu tScliool at 8| a.m., d'c. — All teachers shall be in their
resj)octive schools, and open their rooms for the reception of pupils, at
leiust fifteen minutes in the morning, and five minutes in the after-
noon, before the specified time for beginning school; and during
school hours they shall faithfully devote themselves to the duties of
their office.
9.— Duties of Masters or Teachers in regard to School
Premises.
(1.) Care of School Property. — Each master [or teacher] shall
exercise the strict(;st vigilance over the public school property in his
charge: — -the building, outhotises, fences, &c., fimiiture, apparatus,
and books, belonging to the school, so that they may receive no
injury; and give prompt notice, in writing, to the trustees, or person
a])pointe(l by tliem, under section 12, cliapter II., page 10, (if in
cities, towns, or villages, to the inspector,) of any repairs which may
require to be made to the building, premises, or furniture, &c., and of
any furniture or supplies which may be required for the school.
(2.) Regulations in regard to School Premises, li'c. — The trustees
having made such provision relative to the school house and its
ap})endages, as required by law (see section 9, chapter II., page 18),
it shall be the duty of the master to give strict attention to tlie pro-
per ventilation and temj)erature, as well as to the cleanliness of the
school house ; he shall also prescribe such rules for the use of the yard
and out-btiildings connected with the school house, as will instire their
being kept in a neat and proper condition; and he shall be held
responsible for any want of cleanliness about the premises.
60
(3.") School open for Pupils. — Ciiro must bo tiikon to have the
Hchuol hoiiHO ready for tlio rectspt'on of pupils at Xwwt Jlftci'ti inii)iit(\H
boforo the timo prcscribod for opoiiin^ tho Hcliool, in onlcsr to afford
Hholtor to thoHo who may arrive before tho appointed liour. (Sco
clause (7), section 7 of this cluipter.)
(4.) at- Premises.— T\w master [or tcnicJier] shall see that the
yards, sheds, privies, and other out-buiKlings, an* kept in older, and
that the school-house ajul buildings are locked at all proper tim(!H;
and that all deposits of sweepings, from rooms or yards are renioved
from the premises.
(5.) Fires arul SweepiiKj. — Ho shall employ, at a compensation to
bo fixed by the trustees, a suital)le ]»ei-son to make lires, to swisep tho
rooms and halls daily, and dust the windows, walls, seals, dtisks, and
other furniture in the same; lait no niiuster, assistant-tciiclu'r, or
pupil shall bo rofpiired to perform sucJi duty, indt.'ss voluntarily, and
with suitable compensation.
10.— Duties of Masters and Teachers in regard to Library,
Begister, and Heports.
(1.) Act as Lihrdrian.. — Each master [or teacher] shall act as
librarian of the school, and take charge of tlui l)Ooks ; also mak(*,
keep, and ])reserve a catalogue of the same; deliver, charge, receiver,
and credit the volumes given out ; and keep a register of the same ;
number, label, and catalogue the books; and make returns of the
library, its books, tkc, ius required by the library regulations.
(2.) The Library. — lie shall keep tho library ojien for tho distribu-
tion (and return) of books] to tho scholars, and ratepayers of tho
school division, on Friday afternoon of each wc'ck ; but this duty
shall not be permitted to interfere with tlui regulai- > <ercis(^s of tho
school.
(3.) Ceneral Rex/istpr. — -He shall k(^ep a genei-al register of the
school (to be furnished by the trustees), in which shall be entered,
in each term, the date of the admission of each pupil, his or her
name and age, fi'om whence received ; the jiarent's or guardian's
name and residence ; tlu! names of each of tlus classes in tho
school, together with the names of the pupils in each such classes ;
the promotion of pupils from one cl.ass to another ; r(>cord of
attendance of the pupil ; date of his leaving the school, ajid cUistina-
tion, J)oth as to ])iace and occu])ation ; and su,ch other infoi'mation
as shall at all times give a correct idea of tho condition of the school.
(4.) Jleyister. — Ho shall keep the I'egister (provided by tho Educa-
tion Department, and furnished by the ins])ector), which shall
remain the property of the trusteijs, in which shall be (Altered the
names and daily attendance of pupils, their proficiency in various
studies and other information.
(5.) Iietumn.—T\w mttHtciT [or toachor] shuU mako such roturiiH,
and at Hiush tiirn^H, as may bo iwinirod by tlm [iniutor] inHpoctor, or
tniHtooH, rclatiiii^ to bis class, scliool or (l('|Hirtm»'iit.
(().) It'rporfji. -H«' sliall make tbo noccssary term, spocial or an-
nual n^ports to and witb tho trustoos, to tbo inspector or ('bi(*f
SuporintcMukiiit, at mich times and in sucb manner as may bo
required.
11.— Regulations in regard to Siekness, Visiting Schools,
Visitors, Presents, Tcachors' Meetings, &o.
(1.) Ahuetwfi and sickiirnn.^No master oi- t(ia(;li('r shall bo absent
from tlm school in which lio or sho may be employed, without per-
mission of" the trustees or Tnspeotoi", except in case ot" sickness, in
which cas(( the absence of such teacher shall be immediately rejjortcd
to th(( trust«H's ; and no dctduction from the salary of a teacher shall
be made on account of tenipoi'aiy sicknesK, (not exceedint^ a i-cason-
able time for the whole year), as certilicid by a medical man.
(2.) VisiluKj Sritiwh'. - The i:ispe(!tor may ])crniit a public school
mastei', or teacher, to be absent two of the ordinaiy teaching days
in each lialfyeai', for tlu^ jturpost; of visitiiiijj and observing the
methods of classification, teaching and discipline practised in other
schools than that in which he or slu* teaches ; and such visit, with
th(( name of tlu^ school or scliools visit(ul, shall be duly reported by
such master or teachej- to the inspector. Ivich pvd)lic school niast'er
and teacher nnist giv(! at least three days' notice to the trustees. In
order that no loss of apj)oi'tionmont may accrue^ to any school iii
consef[uenc(! of the master's absence under this regulation, a pro-
poi'tionate amoiuit of avcM'age attciulaucci will be civdited to the
school for th(! (iuu^ so em])loyed by tlu^ teacher ; but under no
circumst uiiv's can lost time be lawfully mad(> up 1)y teaching on any
of th(( [)rescribed vacations, holitlays, or half lu)li<lays, nor will .sucli
time be allowed by the de[)artment. or be reckoned by the inspector;
but such |>ermission sliall not be given by tlie ius[)ector if tlie absence of
the tcNicluu' will, in his judgment, be injurious to the interests of the
school ;• nor shall this j)ermission be grant(Kl to any master or teacher
wlui fails to report, or who has employed the time heretofore given
to liim otherwise than in visiting schools, as authorized by this
i"ogidation.
(.'5.) Visitors' Hook. — The master (or teacher) shall keep the
visitors' book (which is i-equired by law to be furnished by the
tnisteos), in which sliall bo entered the dates of visits and names of
visitors, with such remarks as they may choose to make.
(4.) Visitors. — I'^ach master or trustee .shalf receive courteoiisly the
visitors appointenl by law, and afford them e\'ery facility for inspect-
ing the books used, ami examine into the state of the school; he shall
keep the visitors' book accessible, that the visitors may, if they
62
chooBO, ent<^r romarks in it. Tl»o froquoncy of viHitfl to tho hcIiooI
by iiitolli^ont pn-soiiH uniiiiiituH the pupilH, and greatly aidn tlie
faitliful t(MU'Ii(>r.
(5.) iSul)sa'!j)(!o)i8, Collections, Presentii, d'c. — No colloction hIuiU
be taken up, or HiibHcriiitions solioitoil for any piirpoHo, or notice of
hIiowh, (tr (^vliil)itionH givon in any )iul»lio hcIiooI, without llio couHent
of the tniHtocH ; nor shall tho masters or teachers act as agtMits for
books, or hvU stationery, itc, or receive p'-osents (unless presented to
thoin on leaving i]w school), nor awaril, without the permission of
tho tnistees, medals or other prizes of their own to the pupils under
thoii' chai'go.
(G.) I'eacherH' Afeftini/ii. — All masters and teachers in cities, townsj
and villages, shall regularly attend tho teachei-s' meetings, at such
times, and under such i-egulations, as the Insi»ector shall <lirect, and
by study, recitations, and general exercises, striv(» to systematizo
and pei-fect tlio modes of disci[>lino and teaching in the public schools.
12.— Decisions of the Superior Courts in regard to Teachers.
(l.) Sr^iiiiii;;iiii apwnient'ioitlt a Teacher is a mere o/>/>r<'K'<il of l/ie appoiiilment. —
The Court of (Queen's Hcncli has dccidcil that an inspector sij^nin^;, loj^ether with
trustees, a contract witli a tcaciicr, will be considered as having si};iK-d the same
only as approving; of the ai>i)ointnient, and not as contract injj; with tlie teacher. —
Campbells. EllioU et al. dm iily Miulel School, Muldlescx, 2 <^. \\. K. 167.
(2. ) Trustees ai:;reeiiii^ to fiiniish a Teacher -unth luiel must he applied to for it. —
Tlie Court of (Queen's IJen'-ii lias decided that when a teacher cluu^jed the trustees
upon a siiecial aj^reenient slated to have been niailc by them, to furnisli the said
teacher witli fuel when re([uired, they could not be cliarjjed with a lireach of
covenant, as a request, with time and |)lace, had not been stnteil in the teacher's
declaration. — Anderson v. I'ausittart et al., 5 (^. J}. R. 335. (J//,, /v by the Court,
whether such an agreement could be enforced ?
(3.) Trustee cannot he sued for Money due. — The Court of (Queen's I'ench has
decided, that taistees refusing; to j^ive an ortler to a teacher for the school fund,
according to their agreement with Jiim, cannot be sued for money due, but U>v the
refusal to give the order. — Quinn v. Trustees, 4, Seymour. 7 (^. ]{. K. 130.
(4.) A'c A'ate can he imposed for the payment of an l.'n<iualified Teacher. — The
Court of (Queen's IScnch has decided that no rate can legally be imposed by trustees
for the salary of an umiualified teacher. — Chief .Superintendent of Education
appellant, in re Starh v. Alonta^^ue et al. 14 Q. Jl. K. 473.
(5.) Trustee ud Teac/ier are not Master aiul Senant. — The Court of Queen's
]?ench has dec ed that the Master and Servant Act, (10 and il Vict., c. 23), does
not apply to school trustees and school teachers. Where a school trustee, there-
fore, iia<l l)een convicted under it as a master, tlie conviction was (juashed. — In re
Laurence Joice, No. — , Pittsburg, convicted by Robert Anglin, J. J'. 19 <\. \\. R.
197.
(6. ) Representation as to the Character of a Teacher by a Ratepayer is a Privileged
Communication. — The Court of Queen's Bench has decided that a representation
by the assessed inhabitants of a school section as to tlie character of a teacher,
made with a view of obtalhing redress, is a privileged communication, which it is
of importance to the public to protect ; and such a statement would not be the less
privileged if made by mistake to the wrong quarter. Where the libel complained
of is clearly a privileged communication, the inference of malice cannot be rai.sed
upon the face of the libel itself, as in other cases it might be, but the plaintiff must
03
give extrinsic evidence of actual express mallei", he must also prove the statement
to be false as well as malicious; and llie (icfciidant may still make out a (;oo(l
defence by jjrovin^ that he had ^ood ground to believe the statement true, aiul
ncte<l honestly under that persuasit>n. <,)it<nr by the C'uuit, whether a communica-
tion of this nature, made by an inhabitant of any other part of the Province, would
not be |)rivile^ed. — A/</)if/r<; v. Mi lunii d nl. 13 (J. 11. K. 534.
Niirii. The Assessment Law docs imt cxrnipt scIidoI fcaihcrs cither from the payment of a
tax upon their salary, (if over $400 per aniiuim, or from the performance of two days of i>tatuta
labour if llie -.alary lie under $400. As to the control of the teacher over the bchool house, ico
decision of tlie Court (61, on page -^n.
CHAPTEH IX.
RELATION OFINSri-XTORS TO TUHLIC SCHOOL
TEACHERS.
[Notf:. — No pidilic school inspector shall, during his incumliency, hold the office of
trustee of a hi^li or piiblic school, nor act as licail master of a hiyh school, or
master or teaclier of a public school.]
1.— Power and Duty of an Inspector.
Tho Scliool Law rcmiiit's ciifli iiisjicctor of public sfliools " To see
tliiit all tilt* schools ai-c iiiaiia;,'('(l and coiultictod accordiiif^ to law." It
iilso declares that \w "'shall have tliti oversight of all piihlic schools in
the townships and villagt\s within tho county or union of counties,
or part of tho county or tmion of counties, for which he shall bo
ai»pointed, and shall havt; all the powers in each nninici|)ality within
his jurisdiction, and be subject to all the obligations conferred or
imposed by hiw, according to sucli instructions as may bo givoiii to
liiin, from time to time, by tho Chief Superintendent of Education."
2.— Visitation of Schools.
Tho county inspector shall visit tn'ery public and separate school
under his jurisdiction at hnist once during (uich half year. He shall
devotti, on an avenige, lialf-a day to the examination of tho classes
and jMipils in each school, and shall n^cord tho result of such extiniina-
tion in a book to be kept for that purpose. Ho shall also make
en({uiry luul examimitiou in such manner as ho shall thiiik proper,
into all matters affecting tho condition and operations of the school,
th(! results of which he shall record in a book, tind transmit it, or a
copy thereof, annually, on coni])leting his second half-yearly inspec-
tion, to the Education Dej)artment; (but he shall not give ar »•
pi-evioiis notice to the teacher or tmstees of his visit.)
3.— Authority of an Inspector in a School.
The authority of an insjiector in a school, while visiting it, is
supreme; the master, teachers, and pupils are subject to his direction;
64
and he shall examine the classes and pupils, and direct the masters or
teachei-s 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 aa
of the prqgi-ess and attainments of the pupils.
4.— Procedure in the Visitation of Schools.
On entering a school, with a view to its inspection, and having
courteously introduced himself to the teacher (if a stranger), or, if
otherwise, having suitahly addressed him, the insjiector shall:
(1.) Note in the ins])ector's book, the time of his entrance, and on
leaving, the time! of <l('partui'e from the school.
(2.) See whethin- the bi'..siness gouig on corresponds with that
assigned to that piu'ticul u- hour on the tiine-tablo, and genei-ally
whether the arrangements which it indicatt^s agree with the prescribed
l)rogranime of studies, and are really carried out in I'vactico. If not,
he should at once privately notify the teaclua- of tlie omission, and
the penalty for neglect to observe the regidations.
(3.) Examine the register, and other school records, and take notes
of the attcndunce of pupils, nunilier of classes in the school at tli„
time of his visit, (tc.
(4.) Obsci-ve the mode of teaching, the management of the school,
and generally its tone i.iid spirit; also, whetlau' tlie beai-ing, manner,
and language of tlie tea:!her, his command over the [)U])iIs, and their
deportu'ent at the time of his visit art* satisfactory.
5.— Intercourso with Teachers and Pupils.
Inspection. — In his iuti'i'coursc^ witli uiastcrs and teachers, and
during his A'isit to their schools, the insj)octor should treat them with
kindness and resj)ect, couns(;lling them pri /ately on whatever he may
deem defective or faulty in their uianner and teaching; but by no
means shoidd he address tliem authoritatively, or in a fault-finding
spirit in the pi'esence oi- hearing of pupils.
6.— See to Attendance of Children at School.
Tlie ins|)ector should see that the provisions in the third section of
the school act of 1871, in r(!gard to the right of every child in the
nninicipality under his jurisdiction to attend some school, are not
allowed to remain a dead letter; but ho should, where necessary,
frequently call attention to the subject.
7.— Teachers Visiting other Schools-
County and city inspectors shall have authority to allow teachei's
to visit schools, undei Jie restrictions contained in clause (2), section
10, of this chapter.
65
8.— Payments to Teachers' Superannuation Fund.
Tlie forty -third section of the School Act of 1871, declares that
e^ch male toacher holduig ii certificate of qualification, shall pay four
dollars annually into the superannuated teachers' fund, and " each
inspector of schools is hereby authorized and re^iiired to deduct [two
dollars] half-yearly from any payments made by him to any male
teacher under liLs jurisdiction, and transmit the same to the L:iaca-
tion Department." In doing so, he will have to s{!e that the sum of
two dollai-s, ])ayable semi-annually to the sujierannuatod teJichera*
fund V)y each male teachei-, is deducted fi-om cadi teachei-'s half yearly
salary, whether ])aid dii-ect to the teacher by the trustees, or by theii*
order on the ins])ector.
NoTK.- -Whore Inistcos pay to, nnd a male IcacluM- receives from them, his
whole salary, witlunit nccoiintin;^ to the inspector for the half yearly payment to
the sii]ierannuation fund, the inspector slioiiid notify the trustees thai until the
money is sent to liim no further apportionment will be paid to tlieir school. Tliis
woukl effectually prevent the evasion sometimes practised in this matter. [See note
to next section.]
9. Cheques to Teachers payable to Lhcmsolves.
Any ch(>f|U('s for scliool money due a section, must bt; made pay-
»,ble to ilie ((juaUlicnl) teacher oi- his order, and to no other poi-son; and
no clKHjue shall bo given to such teacher oxce])t on an order signed by
a niiijority of the trustees of tlie school section, and attested by ii
lawful corporati^ seal, and then only for the time during which the
teacher litis held a legal certificate of qualification, not cancelled,
suspeiidcHl, recalled, or e.x])ired.
Nori;. — In i^ivin;^ cheiiues to male teacher, the half-yearly payment of two
dollars to the supcrannualetl teachers' fund must be deducted. In case trustees
.should pay male tenchers in full out of the funds of the secli'in, and then give a
che(|ue to their ncct teacher, (male or female), for the full r.,..ount ajiportioned
to their section, the inspecti)r, beini^ responsible for the money, must deduct the
$2 already due, besides taking the remedial steps indicated in the note to the
preceding; section.
10.— Granting Special Certificates.
The S<;]iool Law autliorizi-s iiis]K!L-tors "to give to iuiy candidate,
oil ihw, eramijiatio)!, according to tlie programme authorized for the
examination of teachers, a certificate of qualification to teach school
within the liiuits of the charge of the inspector, until (but no longer
tlitm) the next ensuing meeting of the board of (ixaminers of which
Buch ius|»c!ct()r is a member ; but no such certificate shall be given
a second time, or bo valid, if given a second time, to i he same person
in the same county."
Note. — In givinc; effect to this provision of the Act, inspectors will observe :
(1) that they are re(iuired to examine all candidates desiring s])ecial certificates;
(2) that they are not authorized to grant "permits," or endorse as good any
previous cirtificales of the applicant ; (3) that the special certificates given can
only have the value of those of the third class, and be valid only "within the limits of
the chrrge of the inspector ; (4) that under no circumstances can they give a
66
special certificate to a teacher who has already previously received one from any
(local superintendent or) inspector in the same county ; and (s) that no certificate
can be given to a teacher who has been rejected liy the board of examiners,
unless by consent of such board, and under the authority of the Education Depart-
ment.
11.— Suspension of Teachers' Certificates.
When an ins])ector finds it necessary to suspend tlie certificate of
a master or teacher. should not do so on the mere rejjort of im-
proper conduct, ini 'v or incompetency, Imt he should give the
master or teacher duo x. of the charge against him, and afford
him a full oppoi'tunity for .ivjfence ; he should also examine carefully
into the alleged facts of the case, and, if necessaiy, visit the school and
assure nimself pei-sonally of their truth before j)roceeding to suspen-
sion.
Note. — Officers, required by law to exercise their judgments, are not answerable
for mistakes in law, or mere errors of judgment, without any fraud or malice.
12.— Verify Attendance of Pupils.
The inspector should see tliat the aggregate attendance of each
school is correctly added up, and divided by the divisor for the half
year,' and that no lost time is made np by teaching on Saturdays, or
other holidays, or vacations. (See chapter XI.) Under clause (2)
of section 10 of this chapter, teachers may employ certain days in the
year in visiting other schools. In order that the school may not
lose a corresponding proportion of the school fund, the inspector is
authorized to add a jiroportionate amotnit of average attendance for
time so employed, or use a smaller divisor. After having examined
and tested the con-ectness of the retui-n, the inspector shoukl fyle away
and carefully jjreserve it, so that it may be handed over, with other
school documents, to his successor, when he retires from oiiice,
13.— Check against Incorrect Beturns.
The half-yeai'ly return of the puj^ils' names, and number of days in
which they attended during each month, will be a check against false
or exaggerated returns ; as the inspector can, in his visit to any
school, take tlie return with him, compare it with the school register,
and make any further enquiries he may deem necessary. He should,
alro, at his visits to the school, take notes in his book of the scliool
attendance, <kc. The returns, careftiUy compiled, will furnish
materials for the statistical tables in the inspector's repoi't, and will
show at what periods of the year the attendance of i)upils at the
schools is the largest, and how many attend school during two, four,
six, &c., months of the year.
67
CHAPTER X.
DUTIES OF PUPILS IN PUBLIC SCHOOLS.
(L) Cleanliness and Good Conduct. — Pupils miist come to school
clean and neat in their persons and clothes. They ninst avoid idle-
ness, profanity, falsehood, and deceit, quarrelling and fighting, cruelty
to dumb animals ; be kind and courteous to each other, obedient to
their instructors, diligent in their studies, and conform to the niles of
their school.
(2.) Tardiness on the i)art of pu])ils shall be considered a violation
of the rules of the school, and shall subject the delinquents to such
penalty as the nature of the case may require, at the discretion of the
master.
(3.) Leaving before Closinr/. — No pupil shall be allowed to depart
before the hour ap])ointcd for closing school, except in case of sick-
ness, or some pi-cssing emergency; and then the master or teacher's
consent must hrst be ol)tained.
(4.) Absence. — A pupil absenting himself from school, except on
account of sickness, or other urgent reasons, satisfactory to the
master, forfeits his standing in the class, and his right to attend the
school for the remainiior of the quarter.
(o.) Excuses. — Any pupil not aj)pearing at the regular hour of
commencing any class of the school which he may be attending,
without a written excuse from his parent or guardian, may be denied
admittance to the school for the day, or half-day, at the discretion of
the teacher.
(G.) Funclual Attendance. — Every pupil, once admitted to school,
and duly registered, shall attend it at the commencement of each
tenn, and continue in punctual attendance until its close, or until he
is r(;gularly withdrawn (by notice to the teachers to that ettect); and
no pui)il violating this rule shall be entitled to continue in this school,
or be admitted to any other, until such violation is certified by the
parents or guardian to have been necessary and unavoidable, which
shall be done personally or in writing.
(7.) School to Attend. — Pupils in cities, towns, and villages shall
be required to attend any particular school which may be designated
for them by the inspector, with the consent of the trustees. And the
inspector alone, under the same authority, shall have the power to
make transfers of pupils from one school to another.
(8.) Absence from Examination. — Any pupil absenting himself
from examination, or any portion thereof, without permission of the
master, shall not thereafter be admitted to any public school, except
68
by authority of the inspector, in writing; and tlie namoa of all such
absentees shall be repoi'ted by the master immediately to the trustees;
and this rule shall bo read to the school just Ixjfore the examination
days, at the close of each quarter.
(9.) Going to and from School. — Pupils shall bo responsible to the
master for any misconduct on such school j)romisos, or in going to or
returning from school, except wlien accompanied by their jjiin^nts or
guardians, or by some person appointed by them.
(10.) Siipphf of Books. — No pupil shall be allowed to remain in
the school unless he is supi)liod with the books and recpiisitcs rocpiired
to be used by him in the school ; but in caso of a pupil being in
danger of losing the advantages of the school, by reason of his inability
to obtain the necessary bwjks or nnpiisites, through the pu\orty of
his parents, or guardians, the trustees have power to procure and Hup2)ly
such puj)il with the books and requisites needed.
(11.) Fees Jar Hooks. — The foes for books and stiitioiiory, ttc, as
fixed by the trustees in cities and towns, whether monthly or
quarterly, shall be ])ayablo in advance; and no jnipil shall have
right to enter or continut^ in the school until lie shall have jjaid the
appointed fee.
(12.) Froperti/ Ittjiired. — Any property of the schools that may bo
injured or destroyed by pupils, must be made good forthwith by the
parent, or guardian, under a penalty of the suspension of the delin-
quent pupil. (S(;e clause (4), section (i of this chajiter.)
(13.) Contayio^is Diseases. — No pupil shall be admitted to, or
continue in any of the public schools, who has not been vaccinated,
or who is afllicted with, or has been e\-pos<>d to, any contagious
disoiise, until all danger of contagion fi"om such pupil, or from the
disease or exposure shall have passed away, as certitied in writing liy
a medical man.
(14.) Effects of J'J.rjndsioit—'No pn}»i] shall Ite adniittiMl to any
public school who has been expelled from any school, unless l)y the
written authority of the insj)ector. [See clause (5) section G of this
chapter.]
(15.) Certificates on Lenniiu/. — Every j)upil entitled thereto shalb^
when he leaves, or removes from, a school, r(;c(uve a certilicate (y-
good conduct and standing, in the form prescribed.
I . .
r
69
CHAPTER XI.
TERMS, HOURS OF DAILY TEACHING,
HOLIDAYS AND VACATIONS,
IN THE I'llll.lC SCHOOLS OF ONTARIO.
1. Tc.rvis. — Tlioi'o shall bo four t(M'iiis (or (jnarters) in each year,
to be dosifjnated the winter, H2)ring, summer and autumn terms. Tlie
winter t(irm shall be<^iu on tli<' xcvi-ntli dfiy oj'J(i)in(ir)j, and end on the
Wexhipsday next before, Eauter ; the spring term shall begin un the
Wednesday after Easter, and close on the J ftcenth day of July; the
summer t(M'm shall begin on tlie si.rteenth day of Aiujust, and end on
the Friday next before i\\e Jlftreidh day of October ; the autunai term
shall begin on the Monda]ifoUomii(j the closc! of tlu^ summer term, and
shall Old on the twevty-secoud day of December. Each class in every
school shall be open for public (ixamination and insjjection during the
last week of eveiy quartei-, and the teacher shall call upon ev(uy pupil
in the school, unless excused, to review, or recite, in the course of such
examination.
2. Hoars. — The oxcM'cises of th(5 day shall connnence not later than
nine o'clock a.m., and shall not exceed six hours in duration, exclusive
of the time allo\v(Ml at noon for recreation, and of not less than
ten miiuites' int(M'mission dui'ing each forenoon and each afternoon.
Nevertheless, a less number of hours of daily teaching may be deter-
mined upon in any Public School, at the option of the trustees. A\\
teachers sliall b(( in their respective schools, au<l open the rooms for
the reception of pupils, at least iifteen minutes in the morning, and
five muiutes in the aft(M-noon, before the sj)ecified time for beginning
school ; and din'ing school hours they shall faithfully devote them-
selves to the iluties of thi'ir olHce. Care must be taken to have the
school-house ready for the reception of pupils at Icwat Jifteen minutes
before the time prescribed for opening the school in order to aftbrd
shelter to those who may arrive before the appointed hour.
3. Holidays. — Th(t scliools sliall be taught on all week days during
the terni except Saturdays, the anniv«n\saiy of the birth of our
Sovei'eigii, Dominion Day, any local municipal holiday, and such
day as may lie appointed by tla; (Governor, or other competent
authority, for a public fast, thanksgiving, or holiday, throughout the
Province.
(4.) Vacations.— ^havo. sliall b(» three Aacations in each year; the
first, or spring vacation, sliall begin on the Wednesday next before
Easter, ;ind end on the Wednesday next after it; the second, or
70
summer vacation, shall begin on the fifteenth day of July and end
on the fifteenth day of August, inclusive ; and the third, or Christmas
vacation, shall commence on the twenty-second day of December, and
end on the sbith of Januaiy.
5. All Agreemeiits between tnistees, masters and teachei-s shall be
subject to the foregoing regulations ; and no master or teacher shall
be deprived of any part of his salary on account of observing allowed
holidays and vacations, or for occasional sickness, as provided in
clause (1) section 10 of chapter IX. Masters and teachers shall be
entitled to the holidays or vacations innuediately following the close
of their ])eriod of service.
Note. — No lost time can be lawfully made up by any teacher on any holiday,
or during the vacations; and if so made up, it nnist be disallowed by the In-
spector. High and jnil)lic schools united are subject to the regulations affecting
holidays and vacations in high schools. In order also to enable the Education
Department to make an equitalde apportionment to Roman Catholic separate
schools in cities, towns and villages where united high and public schools exist,
it is required that both the i^ublic and separate schools shall observe the regula-
tions affecting holidays and vacations in the high schools. The vacations in
high and public schools are the same, except at mid-summer, as above stated.
CHAPTER XII.
PROGRAMME FOR EXAMINATION & CLASSIFICATION
OF TEACHERS OP THE PUBLIC SCHOOLS.
1.— Conditions required of Candidates for Certificates of
Qualification as Teachers.
(1.) Third Class. — To l)e eligible for examination for a third class
(county) certificate, tlie candidate, if a female, must be IG years of
age; if a male, must be 18 years of age; and must furnish satisfactory
proof of temperate haliits and good moral chai-acter.
(2.) Second Class. — Candidates for second class (provincial) certifi-
cates must furnish satisfactory proof of temperate habits and good
moral character, and of having successfully taught in a school three
years, except in the special cases hereinafter mentioned.
(3.) First Class. — Ca..didates for first class (provincial) certificates
must furnish satisfactory proof of temperate habits and good moral
character, and of having successfully taught in a school five years, or
two years, if dui'ing that period he has held a second class certificate,
granted under these regulations.
2 —Value and duration of Teachers' Certificates.
(1.) First and Second Class] certificates are valid during good
behaviour, and throughout the province of Ontario; and a tii-st class
71
certificate of the highest gi'ade (A), renclei-s the holdein eligible for
tlie otlice of coxinty inspector.
(2.) Third Class certificates are valid only in the county where
given, and for three years, and not renewable, except on the recom-
mendation of the county inspector; but a teacher, holding a third
class certificate, may be eligible in less than three yeai-s, for examina-
tion for a second class certificate, on the si)ecial recommendation of
tlie county inspector.
No'i'E. — (i.) Attendance at the Normal School forFOntaiio, with the required
practice in the Model Schools, and jiassing the ref|uisile examination for a first
class rertificate, shall he considered eriuivalent to teachinjj five years in a public or
private school. So, also, attendance at the Normal Scliool, with tlie required
practice in the Model Schools, and passing the requisite examination for a second
class certificate, shall be considered ecpiivalent to teaching tliree years in a public
or private school.
(2.) In rcfjard to teachers in French or (lerman settlements, a knowledge of the
French or (jerman grammar rcsjiectivcly may be substituted for a knowledge of
the Fnglish grammar, anil the certificates to the teachers expressly limited
accordingly.
3.— Minimum Qualifications required for Thi/d Class Cer-
tificates of Teachers in the Public Schools.
(1.) licadirui. — To be able to resid any passage selected from the
authorised reading books intelligently, expressively, and with correct
pronunciation.
(2.) SpcUlmj. — To be able to write correctly any passage that may
be dictated from the reading books.
(3.) Eliimolerj'/. — To know the prefixes and affixes (Authorized
Sl)elling i5ook, pp. 1.54-160).
(4.) Grammar. — To lie well acquainted with the elements of Eng-
lish grammiir, and to be able to analyze and parse, with application
of the rules of syntax, any ordinary sentence (authorized grammars).
(5.) Composition. — To be able to write an ordinary business letter
correctly, as to form, modes of expression, itc.
(6.) Writing. — ;To be able to write legibly and neatly.
(7.) CeograpJuj. — To know the definitions (Lovell's General
Geography), and to have a good general idea of physical and political
geography, as exliiljited on the maps of Canada, America gCjierally,
and Europe.
J/istori/. — To have a knowledge of the outlines of ancient and
moilern history (Collier), including the introductory part of the his-
tory of (Janada pp. r-33 (Hodgins).
(D. ) Arithmetic. — To be thoroughly acquainted with the arithmetical
tsibles, notation, and numeration, sinqile and compound rules, greatest
common measure, and least common multiple, vulgar and decimal
fractions and [)roi)ortion, and to know generally the reasons of the
j)roccsses enq)loyed; to be able to solve problems in said rules with
72
accuracy and neatness. To bo able to work, with i-apidity and accni'acy,
simple j)robIorns in mental arithmetic (Aiithori/ed Text Book).
(10.) Education. — To have a knowledge of school organization and
the classification of pupils, and the school law, and regulations relating
to teachers.
4.— Minimum Qualifications for Second Class Provincial
Cortiflcatcs.
(1.) Reading. — To be able to read intelligently and expressively a
passage selected from any English author.
(2.) Spellimj. — To be able to write correctly a passag(! dictated from
any English author.
(3,) Etifnwhnjjj, — To know the ])r(!fixes, aftixes, and princiiKil L/itin
and Greek roots. To be able to analyze (itymologically the Avords of
the Reading Books (Authorized Hpelling liook).
(4.) (jraininar. — To l)e thoroughly ac(iu;iinted with the deihiitions
and grammatical forms and i-ules of syntax, and to be able to aujdyze
and parse, with application of .said rules, any .sentences in prose or
verse (Authorized Text Books).
(5.) I! onij position. — To be familiar with tlie fonns of letter writing,
and to be able to Avrite a prose composition on any .simple sulject,
correctly as to expression, spelling, and punctuation.
((5.) Wrilimj. — To be :il)le to write h>gil)]y and neatly a good
inxuning hand.
(7.) Caographji. — To have a fair knowledge of [)hysical luid mathe-
matical geograpliy. To know the boundarit^s of the continents;
relative positions and ea])itals of the counti'ies of the woi-jd, and the
positions, &c., of the chief islands, capos, bays, sc^as, gulfs, lak(!s,
straits, moinitains, rivers, and river-slopes. To know tlu; forms of
governments, the religions, and the natural products and manufactures
of the j)rincif)al countries of the woi'ld (Lovell's (reneral (j!cogia])liy).
(8.) Jllstorij. — To have a good knowledge of general, Knglish, and
Oaiiadian histoiy (Collier and Hodgins).
(9.) Edacalioa. — To be familiar Avitli the general prineiphw of the
science of education. To liaA-e a thorough knowhidge of the approved
modes of teacliing I'eading, spelling, Avriting, arithmetic, gi-anunar,
composition, geogi'aphy, history, and object lessons. To be Avell
ac(]uaintod Avith the dillerent metliods of school organization aiul
management — including school buildings and arrangements, classifica-
tion of pupils, formation of time and limit tables, modes of discipline,
«fec., &c. To give evidence of jjractical skill in teaching.
(10.) School Fmii}. — ^To have a knowledge of the school law, and
official regulations relating to trustees and teachers.
7^
(11.) MiiHic. — To know the itiiuciples of vociil niiisic.
(12.) JJrawui;/. — To un(lor.stiiiul tlio jirinciplo.s of linoiir diiiwing.
(13.) /lixi/c-K' >j)intj.— To untlerHtaiul book-keeping by singb' and
double entry.
(14.) Arifhnietic. — To Ik; tlioronghly fiiiniliar with the anthorized
aiitliinetie in theory and |»raetioe, and to be able to work problems
in th(! vui'ions ride.s. To .show readiness and accuracy in working
)»rol>]enis in uientiil aritlinietic.
(15.) Mi'iisuration. —To be familiar with the princijjal rules for the
menstiration of surfaces.
(1(5.) Alijchra. — ^To be well acquainted with the sid)ject a.s far as
the end of section la;}, page lli'J, of the Authorized Text Book
(Sangst(M-).
(17.) Euclid. — Books I. aiul II., with problems.
NoTK. — I'"or ft-malo teaclieis, Euclid inay l)e omitted, and tlie chapter on the
Kcononiy of the Ilouseliold, pp. 181-18S uf Dr. Ryeist)irs First Lessons in Agri-
culture, suhstituted for it.
18. Natural rhilosopliji. — To be acquainted with properties of
mtitter, and with statics, liydrostatics, and pneumatics, as set forth in
l»ages 1-100, Saugster's Natural Philosophy, Part I.
(19.) Chemhtrif. — To understand the elements of chemistry, as
taught in the first part of Dr. Kyerson's First Lessons in Agriculture,
l)ages 9-70.
(20.) Botany.— To be familiar with the structure of plants, (fee,
and the uses of the several parts (Fii-st Lessons in Agi-iculture).
(21.) Human Phymolo(fy. — Cutter's First Book on Anatomy,
Pliysiology, and Hygiene.*
5.— Additional for those who desire Special Certificates for
Teaching Agriculture under Section Thirteen of the
School Act of 1871.
(1.) Natural History. — General view of animal kingdom — charac-
ters of principal cltisses, orders, and genera (Ellis' Natural History).
(2.) Botany. — Vegetable physiology and anatomy — systematic
botany — flowering plants of Canadii — (Gray's "How Plants Grow.")
(3.) Agricultural Chemistry. — Proximate and ultimate constituents
of plants and soils — meclumical and chemical modes of improving
soils — rotation of crops, agricultural and domestic economy, &c. (Dr.
Ryei'sou's First Lessons in Agriculture).
* The following little wcirks .ire highly recommended for perusal, both by teachers and pupils,
viz. :— "The House I live in." by T. C. Girtin, Surgeon, (Longmans), and "Our Earthly House
and its Builder," (Religious Tract Society).
5
74
6. Minimum Qualilioations for First-Cluss Froviacial
Certiflcatoi *
(1.) /'rii'flti;/. To bf! al>lti to read iiitclliijilily .iiul (>xi>rossivply ii
pivsHapfo sdlcctcMl t'roiii any Kiiiflisli author.
(■J.) S/nf/inif. — To l)c ul>le to write corrcictly a passaj^o (Uctated fnmi
any Knfi;li.sli author.
(3.) Kfipnofoiju. — Ah for H«'contl class teach(M'H.
(I.) (Imiiiiti'ir. - -To lie thoroii^jhly aci|naint(«l with tlic siilijort, to*
contaiucil in the Authorized Tis.vt llook.s.
(.").) Ciim/itisiflon. -Ah for second chiss teacliers.
((>.) Fjii'jiish fjiternfiifn. — To havo a <j[eue.ral lUHjuaiiitain'e with the
history of En<,'lish litcsrature (Collier).
(7.) WritiiKj. — As for second (^lass teachers.
(8.) (ieaifraplnj. — As for second class tea(;hers, and, in addition, t^o
[)Os.sess a sjM'cial knowledge of the i,'ti();(rai>hy of liritish America and
the Uuitod States, including' the r<ilative jiositions of the provinces
and states, with tluur capitals; to uiiderstind tlie stnw^tiire of tlx-
crust of the earth; u.se of the gloUes (Losell's (Jeneral (ieoj^raphy.
Keith on the gloltea).
(U.) ///s/ory. --General, Kn;^lish,aiid Canadian (Collier and Tfod^fins).
(10.) Edumtloii. — ^As for .second class t(!achers, an<l in addition, to
possess a good knowh^lge of the I'h'iu'Uitary princi))leH of mental and
moral i)hilosoi)hy, and to be acquainted with the methods of teaching
all the branches of the puVilic school course.
(11.) School fjiiii}. -To be acrpiaintwl with the law and offitaa'
regulations relating to trustees, teachers, munici])al couucils, au<l
school inspectors.
(12.) yfuHic. — -To know the principles of vocal mu.sic.
(13.) DrawiiKj. — To evincti facility in making jterspective and on!-
line sketches of common objects on the blackboard.
(14.) liook-keA'phuj. — As for .second-cla.ss teachers.
(15.) Arithmetic. — -To know the subject as contained in the Authcv
rized Arithmetic, in theory anrl practice. To be able to solve problems
in arithmetical rules with n(!atness and disjtatch. To be ready and
accurate in solving problcMns in mental arithmetic.
(IG.) Jfensurafion. — To be familiar with rules for mensunition of
surfaces and solids.
(17.) Algebra. — To know the subject as contained in the Authorized
Text Book completed.
(18.) ^Mc-/i(/.— Books I., II., III., IV., definitions of V., and H.
YI., with exercises.
* Candidates for first class certificates are recommended to provide against failure, by al<to
presenting themselves for examin.ition fur tliose of the second class.
NoTR. For fi'in.d.' 1 ijliers, l'',ui;Iiil miy he oinitloil, *ii(l (lie cli.ipli-r oil tl>e
KcDUomy nf the iloii^ ''idIiI, |)|). 171-1SS of Dr. Rycrson's First I.C'.son' 011
Af^riciilluri.', may ln' ^iilis;itiiti'(( fi»r it.
(I!(.) SatiiTdl I'liiloncpliif. As tor sft;i)ml dius.s toaclicrs; and, in
nlditiou, to !».' n('iniiiinfc('(l yIHi (lyiutmicH, liydrodymiiuit's. nnd
:u'(Mistic-t, pp. ln!)-l(;7 Suni^'stf'r's Natural PliilDsopliy. Part I.
(L*(t.) ('Ih'fiilfil I'lufilrn. Ti) liavd a fjood ;^en('ml nc(ptaintuii(!t^
with the .siilijcfts (if licat, lij^lit, and <'|('ctriclty.
(21.) C/ii'iiiixfrif. A.s for Hoc()n<l-(!lass tcacdicrs; and to he familial'
witli til!! dortnilinns. noniMiclatiiri', law.s of ohcniical ooniliination,
and to possess a i,'(Mi('ral knowledge of tli" <'li(Mnistvy of the inctalloidH
and niftals ( llo'-cot').
{'2'2.) IfiiiiKiii I'liifxinlofj!/. -As for .sciMUid class t('a('lHM*s. (Sue noto
to (!lau.so (lM) oi" lliis chapter).
(L'.'i.) iVi(liir<if/Jlsfni'f/. ({('iiei'al view of animal kin^ilom; eliarar-
ters til' principal classes, orders, and ji^enera (Kllis' Natural History).
(21.) /lofitiii/. Vni.(etal)le. pliysioloi^y and anatomy; syHtouiatic
hotany ; tlowerini,' plants of Canada ((ri-ay's "|[ow Plants Grow.")
(2.">.) .\<jrii-i(ft.iii'(il ('hi'/)tlnfri/. - Vvcix'uuiiti' and ultimate constitu-
ents of plants and soils; niivhanical and clK^niical modes of impro\ ing
soils; rotation of crops, ttc- ttc. (Dr. llyerson's Fii*si Leaaoiis on
.\<;riculture).
CHAPTETl KTTI.
REGUL.ATIONS IN REGARD TO Till': SUPER-
ANNUATION FUND.
1. Tho r(!;;iilations for the administration of the Superannuated
Teachers' Fund, adopted by the (Jouncil of Public Instruction, are us
folhnvs :
(1.) Teachers who beconu! superannuated, or worn out, on or be/ore
the 1st day of January, 1854, and who produce the proofs recpiired
by law, of charactc^r and services as sucli, may share in this Fund
accoi'ding to the number of years they have respectively taught a
public school in Ontario, by depositing witli the Chief Superintend-
ent of Education the preliminary subscriptions to the fund required
by law.
(2.) Every teacher engaged in teaching st«<;e 1854, in order to be
entitled, when he shall have become superaniniated or worn out, to
share in this fund, miLst have contributed' to it at the rate of fiv»
76
«lolIfirH )>or ainiiim for ciich ynir, from the time vlicii lio li(';,'iin in
tcacll, ii{) to the liiiit' of his lir.st iinniiiil siiliscript inn of four tloUiirH
(iiH n«niirc(l )»y tlic Ktiituto), for nidi Hiil)N<'<niciit y<'!ir diirinj,' wliifli
ln! wiiH ('ii;,'in;('<I ill tciu'liiiiji,'. No Hiil»scri|itioiis, cillur for iincitrs or
otlicrw Ihc, can Itc rcccivnl from tliosc^ wlio liiivc cciisfd to tcaili, [and
ill all eiiHCH tlio annual piiymcut, uiiIohs muilt^ wltliin tli(f year for
wliicli it in thu', will Ik; mail(f at the rati! of (ivo dolIarK.]
(.'J.) No tcaclicr shall l»i' diifiiilo to rcccivo a pension from this
fund, who shall not havi ■. > ilisal)lt'd for further ser\ iee whih;
tf'uehin^ a pultlic school, (. shall not liavo Itocn worn out in the
work of a pulilii* school teachctr.
(4.) All applications must lie accompanied with the recpiisite cfv-
tificates and pi'oofs, accordiuj^' to the prcscrilied form and iiistructioiiH.
No certificate in favour of an applicant should l»e signed liy any
t(*a(rlier already admitted as a pensioner on the funds.
(f).) In caH(! the fund shall at any time not he sutlicient to pay the
Hoveral claimants the hi;,diest sum permitted liy law, the income! shall
bo (Mpiitahly divided among them, according to their rcspcjctivc^
])eriods of service.
(0.) Oonimunications and suhscriptions in connection with this
fund, are to V>o sent to the Chief Superintendent of Kdiicatiou.
EDUCATIONAL WORKS.
We l)ef,' to call the attention of the Trade to the following List oi- Ti:\t
liOOKS, of which we are either the Publishers or have Special F.ditions, and which
Ik'alers will do well to urncnre from ns ilirco!.
LAIIN
Arnold's First and Second Latin Book.
l!y .Speiicer. $i.
Arnold's Latin Prose Composition. Uy
.Spencer. $i.
Harkness' Introductory Latin Book. 7'>r.
" Latin Reader. Sji:.
" First Latin Book. $i.
" Introduction to Latin Proso
Clompo.sition. $i.
" Latin Grammar. $i.
Smith's Smaller Grammar of the Latin
l..lll?ll.t;;f, 751;.
OREKK.
Harkness' First Greek Book. St.
Curtius' Smaller Gramm.^r of the ek
l.:ingiiaae. 75c.
.\\CIKNT HISTORY, iic.
Schmitz' Manual of Ancient History. $[
Pillan's First Steps inClassicalUeography.
I'UKNCH.
De Fivas' Introduction to the French
I.aiigiiage. 50c.
De Fivas' French Grammar. *■ 3c.
Greene's First Lessons in French. C^r.
Spier's and Surrenne's French Dictionary.
(.\iiieri ,;iii eilltioii «ell buiiiut ) $• '.oc.
.\RrriiMi:Tic, &c.
Smith and McMurchy'a Elementary Arith-
metic, 2-,C.
Key to do. 7 -,c.
Smith and McMurchy's Advanced Arith-
inelic. 50c.
Key to Ditto. (I'lep.Tiiiij;).
Todhunter's Elements of Algebra, (io> .
Todhunter's Elements of Euclid. 7;c.
MISCF.i.LANKOUS.
Sullivan's Spelling Book Superseded, .'^v.l
Kditiuii. 25''-
Roscoe's Chemistry, N'cw I'.Jition., 81.
First Lessons in Agriculture. Hv Rev.
Im.I'.imo.s kVKHSoN, l.l,.l)., I). D. Secoiul
ICdilion. 50c. .
First Lessons in Christian Morals, l!y
KoiiK iON Rvi:ksiin, 1.1,. I)., I). I). 25c.
Edward's Summary of English History.
Cutter's First Anatomy. Coc.
Our Earthly House and its Builder. 6;c.
Our Bodies, 25c.
Right Lines in their ilight Places. 230.
Davidson's Animal Kingdom, jsc
Tomlinson's Mechanics, 40c. ^
Tomlinson's Philosophy, 25c.
Davidson's Linear Drawing. 50c.
We also supply all Educational Text liooks used in lli- Universities, Colleges
and "ublic .'schools of flie Province, at the lowest rales. Orders received by us
will liave prompt attention, and where jiossible i)e despatched the same day.
Anything not in our own .Stock we do our best to procure in the city, so that
onlcrs -^hall as f.u' as ))r.ictical)Ie be complcit.
ORDER DEPARTMENT.
W'e order from England fT'oy Afdil (twice a week), anil receive cases of
niiscellaneous orders every Canadian Steamer, so that no delay beyond that ii.
Englantl, pickinr^ up and shipping, is incurred. .-.nierican line-, we i.rder d.nly if
necessary.
The great growth of this tlepartmenl of olir business during the List few years,
notwithstanding the conrpetiliou that exists, is suftlcieiit |)rpof that we do tht^
business well, and ihat confidence is reposed in us. it shall be uur ulmo-,t
eudeaNtlur to merit a contiimance of this.
COPP, CLARK & CO,
// !s* ig ^^ing Street East, Toronto.