Preamble. CAP. XXIX. An Act for the establishment and maintenance of Common Schools in Upper Canada. » [9th December, 1S43.] r HEREAS it is expedient to make provision for the esta¬ blishment and maintenance of Common Schools in that part of this Province called Upper Canada, and also for the establishment and maintenance of Model Schools therein ; Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constitu¬ ted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada , and for the Government of Canada , and it is hereby enacted by the authority of the same, inten j cn t U 0 P r that*the Secretary of this Province shall, ex-officio, be Chief Su- Common perintendent of the Common Schools of Upper Canada aforesaid, Schools ap- subject Nevertheless to all lawful orders and directions in the 1 exercise of his duties as such Chief Superintendent, as shall front time to time be issued or given in m; this Province. Siat behalf by the Governor of II. And be it enacted, that it shall and may be lawful for the Actant Governor of this Province,from time to time, to appoint an Assistant Superintendent of Common Schools for Upper Canada aforesaid, who shall act in all things under the direction of the said Chief Superintendent. III. And be it enacted, that on or before the first day of Sopcrimm- March in each year, it shall be the duty of the said Chief Super- intendent, after'deducting any sum which shall be set apart for the arising from maintenance of Model Schools, as hereinafter provided, toappor- tion anv sum or sums of money, appropriated by the Legislature anJ in wha J for Common Schools in Upper Canada aforesaid for the year, un- ratio, der or by virtue of any Act or Acts passed or to be passed in that •lftt A 2 behalf, and that such apportionment shall be made according to the ratio of population of each County, Township, Town or City, as compared with the population of Lpper Canada, according to the census of population which shall last’have been taken and returned at the time of such apportionment. IV. And be it enacted, that when the census or returns upon thAame a" which an apportionment is to be made shall be so far defective in cording to the respect of any County, Township, Town or City, as to rentier it Judgment 'in impracticable for the Chief Superintendent to ascertain the share tjertain cases, of School Moneys which ought to be apportioned thereto, and whenever, in consequence of the erection of a New County, Township, Town or City, or the alteration of the Boundaries thereof, the apportionment under the census then last taken would become inapplicable or would be unjust, as between two or more Counties, Townships, Towns or Cities, (be Chief Super¬ intendent shall make his apportionment for the year, according to the best evidence in bis power, upon the facts upon which the ratio of apportionments as to such Counties, Townships, Towns or Cities, shall depend. V. And be it enacted, that the Chief Superintendent shall apf>orU«^mcnf certify such apportionment made by him to the Inspector General to certain offi- ofthe Province, and shall give immediate notice to the Superin- cer< - tendent of Common Schools of each County interested therein, stating the amount of Moneys apportioned to his County, and to each Township, Town and Chty therein. To rermre VI. And be it enacted, that the Chief Superintendent aforesaid forms ImTie- shall prepare suitable forms and regulations for making all re¬ gulations. p 0r j s and conducting all necessary proceedings under this Act, and shall cause the same, with such instructions as life shall deem necessary and proper for the better organization and government of Common Schools, to be transmitted to the Officers, required to execute the provisions of this Act throughout Upper Canada aforesaid. 'Vnd furnish VII. And be it enacted, that the Chief Superintendent afore- copies thereof said shall from time to time furnish to the County Superintendent Bn to furnish the said Chief Superintendent from time to time with all such additional information as he may require. * XLI. And be it enacted, that each County Superintendent Penaltiesfbr who shall refuse or neglect to make any such annual or other or ^ report at such time and in such form as the Chief Superintendent of common schools may require, shall forfeit the sum of five pounds for every such refusal or neglect; and such penalty shall be recoverable with costs from such County Superintendent, or v from his sureties or representatives, by a suit at law to be insti- ' tuted within twelve months after such default, by the Chief Superintendent of common schools or by the Court of Wardens for the County; and any amounts so recovered shall be paid over Appropriation to the Chief Superintendent of common schools, and shall by 0 pena tie *‘ him be added to the moneys apportioned for the ensuing year to ® such County, and shall be distributed with the said moneys, and ia in like manner, between the several Townships, Towns and Cities in such County. XL1I. And be it enacted, that whenever any school district First mect- I 1 ; shall be formed in any Township, Town or City, it shall be the ^^dyea^ ™ duty of the Superintendent of common schools for such Town- a n er in each ship, Town or City, within twenty days thereafter, to prepare a School Dis- notice in writing describing such district, and appoint- jP®* pro ' Cl ing a time and place for the first school district meeting, and to i ecl cause copies of such notice to be posted in at least three public places in such school district, at least six days before the time so , appointed for holding such meeting ; and that after such first school district meeting, there shall be held a like school district ; f meeting, on the second Tuesday of January in each year. XLIII. And be it enacted, that at each of the said school hold- district meetings and at each annual school district meeting the ducting' such ^ resident freeholders and householders shall appoint a chairman to meetings. preside at such meeting, and shall afterwards elect from amongst Election of ^ themselves three trustees of the common school of such school School Trus " 1 district, who shall hold office from the time of their election until Uc9, :ret H, the day for the election of trustees for the next year, or until such time as their successors shall be duly elected or appointed ; y acancie8 and if any vacancy shall happen within any year by death, re¬ moval from the Township, or refusal to act or to take the oath of office, the Township Superintendent shall fill up the vacancy; lf( f and if the inhabitants of any school district shall neglect or refuse date Ca.se of failure to elect Trus¬ tees. Duties of n:ch School Trustees, 14 attend such meeting, and if there shall be no election of trustees, then such school district shall not receive any share of the money apportioned or raised lor common schools in the year in w liich the default may be made, but the amount to which such school district would have been entitled shall be apportioned in like manner, and to the same purposes, as if the trustees had been duly elected and had failed in making their reports, as herein- before provided. XLIV. And be it enacted, that it shall he the duty of the Trustees for each school district, and they shall he empowered " and entitled, 1 .—To have the custody and safe keeping of the common school house for their district. 2 . —To contract with, and employ all teachers within the same. 3 . _To give orders on the Township, Town or City Superin¬ tendent, in favour of such teachers, when qualified,. for the amounts due to them for their Salaries, so far as the moneys in his hands applicable to their district shall be sufficient for that purpose ; and to collect and pay over to the teachers the residue ] of such salary, excepting such sums as may be collected by the \ teachers from any persons liable therefore. 4 . _To exempt from the payment of wages to teachers such indigent persons within their district as they shall think proper^ and°to certify such exemptions and deliver the certificate thereof to the Township, Town or City Superintendent. • 5 # _To ascertain, by examination of the School lists kept by such teachers, the number of days for which each person not so exempted shall be liable to pay for instruction, and the amount payable by each person. 6 ._To make out a Rate Bill containing the name of each 1 person so liable, and the amount for which he is liable ; and by* themselves or any one of them, or by some person authorized by them in that behalf, to collect the amount rated against any per¬ son or persons charged on such Rale Bill, together with five per centum on such amount for the cost of collection, and to pay the amount so collected to the teacher or teachers entitled to receive 15 > (lie same ; and, in default of payment by the person so rated, to levy the amount by distress and sale of the goods and chattels of the person or persons making default. » 7.—To regulate for such school the course of study, and the books to be used therein, and to establish general rules ; subject, nevertheless, to the approval of the Township, Town or City Superintendent: and provided always, that it shall not be law¬ ful for such Trustees, or for the Chief or other Superintendent of Common Schools, or for any Teacher to exclude from any Com¬ mon School or from the benefit of education therein, the children of any class or description of persons resident within the School District to which such Common School may belong. XLV. And he it enacted, that it shall and may he lawful for Amount any person or persons charged upon such Rate Bill, to pay the amount of the rate to the teacher for whose remuneration the em^ay be same was to be collected ; and the receipt of such Teacher if paid to the produced to the Trustee or Trustees who have the collection of itacIlorr such rate, or to any Collector appointed by them, shall he a sufficient discharge for such rate. XLVI. And he it enacted, that the said Trustees shall settle Fuel for the M? the proportion of Fuel which every person sending a Child or School House. Children to such School, shall he liable to provide, and that the Howprovided. said persons so sending a child or children to such school, % with the exception of those who shall be exempted as pe indigent by the said Trustees, shall be liable to furnish ;i# such proportion of Fuel ; and if they shall neglect to furnish the proportion aforesaid of such Fuel, the Trustees afore¬ said shall furnisl) the same, and charge the value upon the said [$ Rate Bill, and shall collect the same in like manner as other iot’ sums charged upon such Rate Bill. XLVII. And be it enacted, that if anv person charged upon Q onthft such Rate Bill shall not reside within such School District when Rat^BMmmy eti such collection shall be made, and if there shall be no Goods and be sued for in iiiM Chattels ofsuch person within the District on which the said £ crt; ^ ^ charge can be levied, to the knowledge of the said Trustees, the ^cs. ™ * v pe said Trustees may sue for and recover such charge of such person, re? by their name of office, ayu -ecer XLVII1. And be it enacted, that the Trustees of each School School Tros- 16 fees to make District shall, after the First clay of January in each year, and on Reports to the 0 r before the First day of February thereafter, make and transmit local Superin- R R ort to the Township, Town or City Superintendent of temlents. Common Schools, through the Township, Town or City Clerk, and in the form which shall from time to time be directed by the Superintendent of Common Schools, dated on the First clay of January in the year in which it shall be transmitted ; send every such Report shall be signed and certified by a majority of the Trustees making the same, and shall specify— ■What such 1.—The whole time any School has been kept in their District Reports shall during the year ending on the day previous to the date of such shew. Report; distinguishing what portion of the time such School has been kept by a qualified Teacher or Teachers. 2 . —The amount of Moneys received from the Superintendent for the Township, Town or City, during such year, and the man¬ ner in which such Moneys have been expended. 3 . —The amount of moneys received from other sources, distin¬ guishing the same ; and the manner in which such Moneys have been expended. 4 . —The number of Children taught in the District School du¬ ring such year. 5. -—The number of Children residing in the District on the last day of December previous to the making of such Report, over the age of five years, and under the age of sixteen, and the names of the Parents or other persons with whom *such Children shall respectively reside, and the number of Children residing with each. XL1X. And be it enacted, that all sums which shall be raised ei^o^T" within any School District for the erection or repair of the Corn- Trustees as to mon School House therein, or for the necessary appendages therc- tho School g j ia |i p a j c ] ^ an( j expended and accounted for by the Dbtrlct m 1 011 Trustees for such School District, in such manner as shall be appointed in any Bye-law of the Township, Town or City Coun¬ cil ; and any School House to be erected as aforesaid, shall be upon ground owned or to be acquired by the Township, Town or City for that purpose ; and the erection and repair of all such Common School Houses, shall be according to the plans and a il I C - fi s |fc V 1 01 « j r * ji ! * c i ID I f ' !l A i . i in * i specifications adopted by the Township, Town or City Council, or in the absence of such plans or specifications, the expenditure for (he said erection or repairs shall bo at the discretion of the said Trustees. L. And be it enucted, that in case any School District shall be ?!™ vl8io " a * formed out of two or more adjoining Townships, the Trustees £cUeitomT thereof shall make their reports to the Superintendent of each of ing into more the said Townships; and shall set forth in the said reports the ^ h one several particulars required by law, as the same may relate to ° Wn * P the portions of the School District in each of the Townships respectively, in such form as shall be supplied by the Chief Superintendent of Common Schools. LI. And be it enacted, that in case of such formation of a Further pro- School District out of two or more adjoining Townships, the vi8iolls * amount to be raised for the purpose of the erection and repairs of the Oommon School House, shall be settled by Bye-law of the several Townships respectively ; and in case the Township Coun¬ cils of such Township shall not agree as to the amount so to be raised, the acquirement or position of the ground on which the School House is to be placed, or as to the plan or specifications for the erection or repairs of such School House, the Court of Wardens for the County shall and may, upon the representation of one or more of the Township Councils, pass a Bye-law con¬ cerning the matter in dispute, which shall have the same effect within the several Townships concerned as if the same were passed or enacted by the Township Councils respectively. LII. And be it enacted, that it shall and may be lawful for Tho Coim- the Council of any Town or City in Upper Canada aforesaid, by cil of any City any Bye-law or Bye-laws to be passed in that behalf, to establish estaVush S within the Town or City one or more Schools in which children Schools, shall he taught gratuitously, or in which a rate of payment for tuition shall be required, or one or more Schools partly free and partly requiring payment for tuition, according to any such Bye¬ law or Bye-laws. LIII- And be it enacted, that if in any Town or City a sum Such Proa shall be raised and levied upon the whole rateable property there- Schls to ba in, or on the rateable property of any portions or parts thereof, to Common* ** an equal amount with the School money which under this Act Schools on would be apportioned to such Town or City, according to the C01K,1 ~ B 18 I population thereof, in aid of the payment of the salary or wages of the Master or Masters of any School or Schools ; and if the Town or City Superintendent shall, within the time herein¬ before appointed for making the report of the Township, Town or City Superintendent, make a report of the whole number of such Town or City Schools established under any such Bye-law within his Town or City, the number of children who shall have been taught in such School, the amount of money which shall have been received during the year previous to the making up such report, either from the public money appropriated as afore¬ said for such Town or City, or from the rates levied or assessed thereon, as well as from any fees or rates of payment for tuition in any such School or Schools, and shall give such other information in such report as shall from time to time he required by the Chief Superintendent of Common Schools , the free and other Schools so established in such Town or City shall be held and considered as Common Schools within the meaning of this Act, and the public money which would be paid and distributed for the purposes of Common Schools within such Town or City, shall he paid and distributed in aid of the Town or City Schools so established. Children not LIV. And he it enacted, that in the Common Schools or to be required Town or City Schools, established under this Act, no child shall !°ious SC Bwks be required to read or study in or from any Religious Book, or to objected to by join in any exercise of Devotion or Religion, which shall he k: “ °"™ f “ objected to by his or her parents or guardians. their Parents. Separate LV. And be it enacted, that in all cases, wherein the teacher Schools may be of any such School shall happen to he a Roman Catholic, the thcPrut^taiits Protestant Inhabitants shall he entitled to have a School with a and Roman ' Teacher of their own religious persuasion, upon the application Catholics in 0 f ( en or more resident Freeholders or Householders of any my locality. g c j 100 j District, or within the limits assigned to any Town or City School ; and in like manner, when the Teacher of any such School shall happen to be a Protestant, the Roman Catholic In¬ habitants, shall have a separate School, with a Teacher of their own religious persuasion, upon a like application. Conditions LVI. And he it enacted, that such applications shall be made and mode of | n writing, signed with the names of each resident Freeholder such ^separate or Householder, and addressed and delivered to the Township, Schools. Town, or City Superintendent ; and such application shall con- tain tho names of three Trustees, who shall be the Trustees of such separate Schools ; and upon the compliance of such Trus¬ tees, and of the Township, Town, or City Superintendent, with the requirements of this Act, such School shall be entitled to receive its share of the public appropriation, according to the number of children of the religious persuasion who shall attend such separate School, which share shall he settled and adjudged by the Township, Town, or City Superintendent, subject to an appeal to the County Superintendent; and all such separate Schools shall be subject to the visitations, conditions, rules and obligations, provided in this Act with reference to other Com¬ mon Schools, or to other Town or City Schools established under this Act. LVII. And he it enacted, that it shall and may be lawful for Model fcVhrofc the Court of Wardens of any County in Upper Canada afore- ^ said, if they deem it proper so to do, to raise and levy by county Counts*, rale, a sum not exceeding in any year two hundred pounds, and to appropriate and expend the same for (he maintenance of one or more County Model Schools within such County, and to consti¬ tute by a Bye-Law or Bye-laws to that effect any Township, Town or City School or Schools within the County, to be, for any term not less than one year, such County Model School or Schools; provided always that by such Bye-law there shall be Proviso, appropriated from the County Rates for the payment of Teachers and the purchase of hooks and apparatus for each school during every year for which the same shall continue to be a County Mo¬ del School, a sum not less than forty pounds. LVIII. And he it enacted, that whenever it shall appear to ^ Allowances the satisfaction of the Governor of this Province, that any such S uc-K : *rvi Court of Wardens has thus appropriated and expended in any Schools <>n err- year for the payment of a Teacher or Teachers, and the pur- (am conditions chase of books and apparatus for such County Model School or Schools, a sum not less than forty pounds, it shall and may he lawful for the said Governor to issue his warrant to the Receiver General of this Province, directing him to pay to the County Su¬ perintendent of such County, as a further aid towards the support of such school or schools during such year, a sum equal to one half of the amount so raised and expended ; provided always, that there he not thus granted in any year, for the support of such schools in any one County, a larger sum than fifty pounds, and also that the whole amount thus to be granted in any year for the 20 support of County Model Schools in Upper Canada, do not ex¬ ceed five hundred pounds. b e SU< idoutof klX. And be it enacted, that the Chief Superintendent of th e : ^common Common Schools, before making the yearly distribution of the School Fund. Common School Fund, as hereinbefore provided, shall deduct from the same the aggregate of all amounts thus advanced for the support of County Model Schools during the preceding year. How such LX. And be it enacted, that all moneys to be thus granted sums shall he f rom t j ie Common School Fund in aid of County Model Schools, expemt shall be expended by the County Superintendent receiving the same, or by his successor in office, in the payment of Teachers and the purchase of books and apparatus for such schools exclusi¬ vely, apd within the year for which the same shall have been granted ; and any such moneys not thus expended, shall be re¬ coverable, with interest and costs, from any County Superinten¬ dent into whose hands the same may have passed, or from his sureties or representatives, by a suit at law to be instituted at any time during the year next after that within which the same should have been so expended, by the Chief Superintendent of Common Schools ; and it shall be the duty of the said Superin¬ tendent forthwith to institute such suits in his name of office, at all times when occasion may arise ; and any sums so recovered from any County Superintendent, shall be carried bv the said Chief Superintendent of Common Schools to the account of the Common School Fund, before proceeding to make his distribu¬ tion of the same for the year ensuing. How Teach- LXI. And be it enacted, that it shall not be competent for the er« shall be Trustees of any Township, Town or City School, constituted as ModelSchoo a f° resa ^ a County Model School, to appoint any person to be a Teacher in the same, unless with the special approval in writing, by the County Superintendent, of their selection of such person as a Teacher, and also of the terms of their engagement with j ^ him ; nor yet to make any regulations for the internal administra¬ tor ^odel™ 3 t * on such school, unless in like manner approved in writing by fcchooU the said County Superintendent : And the said County Superin¬ tendent shall have power at any time to suspend or dismiss any such Teacher if he shall consider it necessary to do so, and to appoint any person to be a Teacher to fill any vacancy which the Trustees may refuse or neglect to fill up within thirty days after he shall have notified them of the same ; and also to make and 21 enforce any regulations he may see fit to make for the interna] ad¬ ministration of such schools. LXIL And be it enacted, that whenever a Normal School Teachers to shall have been established and shall be in operation in Upper ! ,c examined Canada, no person shall be appointed to be a principal Teacher ^of Norma?™ in any County Model School, who shall not have produced to Schools when the County Superintendent a certificate of qualification signed by established, .some one or more of the Professors or Principal Teachers of such Normal School. LXHI. And be it enacted, that at every such County Model Teachers to School gratuitous instruction shall be afforded to all Teachers of mtuSouiSy in Common Schools within the County wherein such Model School ModelSchooU. may he established, during such periods and under such regula¬ tions as the County Superintendent may from time to time direct. LXIY r . And be it enacted, that it shall and may be lav\ ful for City, Town any Township, Town or City Superintendent, subject to the ap- or Township probation of the Township, Town or City Council, to establish may^be^ub! within any Township, Town or City, not having a County Mo- lished. del School established therein, a Township, Town or City Model School; and to appropriate for its support out of the School Fund of such Township, Town or City, a sum in each year not exceed¬ ing twenty five pounds over and above the sum to which such school would otherwise be entitled as a Township, Town or Ci¬ ty School under this Act : Provided always that any sum to be so appropriated shall be expended in the payment of a Teacher or Teachers exclusively. LXV. And be it enacted, that whenever a Normal School Teachers to shall have been established, and shall be in operation in Upper £ e Canada, no person shall be appointed to be a Principal Teacher of Normal” in any Township, Town or City Model School, who shall not Schools when have produced to the Township, Town or City Superintendent a estal, hshed. certificate of qualification signed by some one or more of the Professors or Principal Teachers of such Normal School. LXVI. And be it enacted, that at every such Township,. Gratuitous Town or City Model School gratuitous instruction shall be j^^enlnthe afforded to all Teachers of Common Schools within the Town- Model Schools ship, Town or City wherein such Model School maybe esta- 10 Teachers, blished, during such periods and under such regulations as the 22 Township, Town or City Superintendent may from time to time direct. Chief Super¬ intendent to re¬ port annually to the Gover¬ nor, on the Normal and ModclSchools. LXVJI. And be it enacted, that the Chief Superintendent of Common Schools shall submit annually to the Governor of this Province, on or before the first day of August in each year, a report of the actual state of the Normal, Model and Common Schools throughout Upper Canada, shewing the amount of Mo¬ neys expended on such Schools, and from what sources the same have been derived, with plans for their improvement, and such other statements and suggestions relating to education generally as the said Chief Superintendent may deem useful and expedient, in order that the same may he laid before the Legislature at the meeting thereof then next following. Certain pro¬ visions of this Act not to af¬ fect the appor¬ tionments of public moneys for 1844. If no Act be passed in this {Session for constituting Courts of Wardens or Councils, the powers, &c. granted by this Act to be vest¬ ed in existing Municipal Ins¬ titutions. LXV1II. And be it enacted, that no provision in the foregoing enactments, rendering the apportionment of moneys out of the Common School Fund, in any year, conditional upon the making of any Report or the performance of any duty for or during the preceding year, shall apply to or affect the apportionment of any such moneys to be made for the year one thousand eight hundred and forty-four ; any thing in the said enactments to the contrary notwithstanding : Provided always, that if no Act be passed during the present Session for constituting Courts of Wardens in the several Counties of Upper Canada or Township, Town or City Councils in the several Townships, Towns or Cities therein, then and until an Act be passed for the said purpose, all the powers which bv the preceding sections of this Act would be vested in the Court of Wardens for any County or in the Town¬ ship Council for any Township, shall be and are hereby vested in the District Council for the Municipal District in which such County or Township may be, and such Municipal District shall be substituted for such County or Township for the purposes of this Act, and all the powers which would be vested in the Town or City Council of any Town or City shall be and are hereby vested in the Common Council or Board of Police of such City or Town, or other corporate body exercising municipal authority in and for the same, and the officers and persons to be appointed oy such District Councils, Common Council, Board of Police or Corporate body under the powers aforesaid, for the purposes of this Act, shall respectively have the same powers, duties and liabilities as if they had been appointed for like purposes in the manner provided in and by the foregoing sections of this Act. 4 1 I LXIX. And be it enacted, that tho word “ Governor ” interpreta- wherever it occurs in this Act, shall inckule the Governor, or any tion clause, person Administering the Government of this Province ; and the % word u Teacher ” shall include a Female as well as a Male Teacher, except when applied to the Teacher of a Normal School or of a Model School, in which case it shall apply to a Male Teacher only. LXX. And be it enacted, that the foregoing enactments of this Commenco- Act shall have force and etfect upon, from and alter the first day mcnt of this ; of January, one thousand eight hundred and forty four, and not Act * before. LXXI. And be it enacted, that the Act passed in the Session Tho Act 4 held in the fourth and fifth years of Her Majesty’s Reign, and &5, V. e. 18, intituled, “ An Act to repeal certain Acts therein mentioned, and re P ? alo < 1 {iS far to make further provision for the establishment and maintenance Up|LrCo^Lla! of Common Schools throughout this Province, ” shall upon, from and after the day last aforesaid, be repealed, in so far as relates to that part of this Province called Upper Canada, in and with regard to which it shall u\ m, from and after the said day Excotin r have no force or effect, excepting always the first, second and certainciau^^ third sections of the said Act, and so much of the twenty first sec- k tion as provides for the due accounting for the application of the ; moneys appropriated by the second and third sections of the said Act. KINGSTON: Printed by STEWART DERBISHIRE and GEORGE DESBARATS, PRINTER TO THE QUEEN’S MOST EXCELLENT MAJESTY.