may be esta blished in the LVII. And be it enacted, that it shall and may be lawful for the Court of War- Model Schools dens of any County in Upper Canada, aforesaid, if they deem it proper so to do, to raise and levy by county rate, a sum not exceeding in any year two hundred Counties. pounds, and to appropriate and expend the same for the maintenance of one or more County Model Schools within such County, and to constitute 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 appropriated, Proviso. from the County Rates, for the payment of Teachers and the purchase of books and apparatus for each such School, during every year for which the same shall continue to be a County Model School, a sum not less than forty pounds. LVIII. And be it enacted, that whenever it shall appear to the satisfaction of the Governor of this Province, that any such Court of Wardens has thus appropriated and expended in any year, for the payment of a Teacher or Teachers and the purchase of books and apparatus for such County Model School or Schools, a sum not less than forty pounds, it shall and may be lawful for the said Governor to issue his warrant to the Receiver General of this Province, directing him to pay to the County Superintendent 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 be 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 support of County Model Schools in Upper Canada, do not exceed five hundred pounds. LIX. And be it enacted, that the Chief Superintendent of Common Schools, before making the yearly distribution of the 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. Allowance to be granted for Model ch Schools on cer tain conditions Such sum to be paid out of the Common School Fund. How such sums shall be LX. And be it enacted, that all moneys to be thus granted from the Common School Fund in aid of County Model Schools, shall be expended by the County Superintendent receiving the same, or by his successor in Office, in the payment expended. of Teachers and the purchase of books and apparatus for such Schools, exclusively, and within the year for which the same shall have been granted; and any such moneys not thus expended, shall be recoverable, with interest and costs, from any County Superintendent 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 G G How Teachers shall be the duty of the said Superintendent 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 by the said Chief Superintendent of Common Schools to the account of the Common School Fund, before proceeding to make his distribution of the same for the year ensuing. LXI. And be it enacted, that it shall not be competent for the Trustees of appointed for any Township, Town or City School, constituted as aforesaid a County Model ModelSchools. 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 him; nor yet to make any regulations for the internal administration of such School, unless in like manner approved in writing by the said County Superintendent: And the said County Superintendent 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 enforce any regulations he may see fit to make for the internal administration of such Schools. Regulations for Model Schools Teachers to be examined by Professors of Normal Schools when established. Teachers to be instructed gratuitously in LXII And be it enacted, that whenever a Normal School shall have been established and shall be in operation in Upper Canada, no person shall be appointed to be a principal Teacher in any County Model School, who shall not have produced to the County Superintendent a certificate of qualification signed by some one or more of the Professors or Principal Teachers of such Normal School. LXIII. And be it enacted, that at every such County Model School gratuitous instruction shall be afforded to all Teachers of Common Schools within the ModelSchools. County wherein such Model Schools may be established, during such periods. and under such regulations as the County Superintendent may from time to time direct. LXIV. And be it enacted, that it shall and may be lawful for any Township, Town or City Superintendent, subject to the approbation of the Township, Town or City Council, to establish within any Township, Town or City, not having a County Model 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 exceeding twenty five pounds over and above the sum to which such School would otherwise be entitled as a Township, Town or City School under this Act: Provided always, that any sum to to be so appropriated shall be expended in the payment of a Teacher or Teachers, exclusively. be Teachers to examined of Normal Schools when established. LXV. And be it enacted, that whenever a Normal School shall have been established and shall be in operation in Upper Canada, no person shall be ap- by Professors pointed to be a Principal Teacher in any Township, Town or City Model School, who shall not have produced to the Township, Town or City Superintendent a 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, Town or City Model School gratuitous instruction shall be afforded to all Teachers of Common Schools, within the Township, Town or City, wherein such Model School may be established, during such periods and under such regulations as the Township, Town or City Superintendent may from time to time direct. LXVII. 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 Moneys 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 be laid before the Legislature at the meeting thereof then next following. LXVIII. 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 by the preceding sections of this Act would be vested in the Court of Wardens for any County, or in the Township 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 Interpretation clause. Commencement of this Act. The Act 4 & 5, V. c. 18, repealed as far as it relates to UpperCanada. 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 by any such District Council, 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. LXIX. And be it enacted, that the word " Governor" wherever it occurs in this Act, shall include the Governor or any person administering the Government of this Province; and the word " 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 Act shall have force and effect upon from and after the first day of January, one thousand eight hundred and forty-four, and not before. LXXI. And be it enacted, that the Act of the Parliament of this Province passed in the Session, held in the fourth and fifth years of Her Majestys reign and intituled, An Act to repeal certain Acts therein mentioned and to make further provision for the Establishment and maintenance of Common Schools throughout the 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 Excepting shall upon, from and after the said day have no force or effect, excepting always eertain clauses. the first, second and third sections of the said Act, and so much of the twenty first section as provides for the due accounting for the application of the moneys appropriated by the second and third sections of the said Act. CAP. XXX. An Act to enable Courts of Law, in that part of this Province called Upper Canada, to give relief against adverse claims made upon persons having no interest in the subject of such claims. Preamble. W [9th December, 1843.] HEREAS it often happens that a person sued at Law in Upper Canada for the recovery of Money or Goods, wherein he has no interest, and which are also claimed of him by some third party, has no means of relieving himself from such adverse claims, but by a suit in Equity against the Plaintiff and such third party, usually called a Bill of Interpleader, which is attended with expense and delay: for remedy thereof, Be it 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, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, 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, that upon application made by or on the behalf of any Defendant sued in Her Majesty's Court of Queen's Bench for that part of this Province called Upper Canada, or in any of Her Majesty's District Courts in that part of this Province, in any Action of Assumpsit, Debt, Detinue or Trover, such application being made after Declaration and before Plea, by Affidavit or otherwise, showing that such Defendant does not claim any interest in the subject matter of the suit, but that the right thereto is claimed or supposed to belong to some third party who has sued or is expected to sue for the same, and that such Defendant does not in any manner collude with such third party, but is ready to bring into Court or to pay or dispose of the subject matter of the action, in such manner as the Court (or any Judge thereof) may order or direct, it shall be lawful for the Court, or any Judge thereof, to make Rules and Orders calling upon such third party to appear, and to state the nature and particulars of his claim, and maintain or relinquish his claim; and upon such Rule or Order, to hear the allegations as well of such third party as of the Plaintiff, and in the meantime to stay the proceedings in such action, and finally to order such third party to make himself Defendant in the same or some other action, or to proceed to trial on one or more feigned issue or issues, and also to direct which of the parties shall be Plaintiff or Defendant on such trial, or, with the consent of the Plaintiff and such third party, their Counsel or Attorney, to dispose of the merits of their claims, and determine the same in a summary manner, and to make such other rules and orders therein as to costs and all other matters, as may appear to be just and reasonable. II. And be it enacted, that the Judgment in any such action or issue as may be directed by the Court or Judge, and the decision of the Court or Judge in a summary manner, shall be final and conclusive against the parties, and all persons claiming by, from, or under them. III. And be it enacted, that if such third party shall not appear upon such rule or order to maintain or relinquish his claim, being duly served therewith, or shall neglect or refuse to comply with any rule or order to be made after appearance, it |