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Rev. Stat. c. 221.

CHAPTER 222.

An Act for the Protection of Insectivorous and other
Birds beneficial to Agriculture.

HE

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Not to affect • 1. Nothing in this Act contained shall be held to affect The Act for the Protection of Game and Fur-bearing Animals, or to apply to any imported cage birds or other domesticated bird Cage birds and or birds generally known as cage birds, or to any bird or birds poultry. commonly known as poultry. R. S. O. 1877, c. 201, s. 1.

Birds that may be killed.

2-(1) It shall not be lawful to shoot, destroy, wound or injure, or to attempt to shoot, destroy, kill, wound or injure any bird whatsoever, save and except eagles, falcons, hawks, owls, wild pigeons, black-birds, king-fishers, crows, jays, Rev. Stat. c. English sparrows and ravens, and the birds specially mentioned in The Act for the Protection of Game and Fur-bearing Animals. R. S. O. 1877, c. 201, s. 2; 41 V. c. 22, s. 1: 49 V. c. 45, s. 2.

221.

Trapping and selling forbidden.

Nest, young or egg not to be taken.

(2) Any person may, during the fruit season, for the purpose of protecting his fruit from the attacks of such birds, shoot or destroy, on his own premises, the birds known as the robin and cherry bird, without being liable to any penalty under this Act. 44 V. c. 29, s. 1.

3. It shall not be lawful to take, capture, buy, sell, expose for sale or have in possession any bird whatsoever, save the kinds hereinbefore or hereinafter excepted, or to set, wholly or in part, any net, trap, springe, snare, cage, or other machine or engine by which any bird whatsoever, save and except eagles, falcons, hawks, owls, wild pigeons, king-fishers, jays, crows and ravens might be killed and captured; and any net, trap, springe, snare, cage or other machine or engine, set either wholly or in part for the purpose of either capturing or killing any bird or birds, save and except eagles, falcons, hawks, owls, wild pigeons, black-birds, king-fishers, crows, jays, English sparrows and ravens may be destroyed by any person without such person incurring any liability therefor. R. S. O. 1877, c. 201, s. 3: 50 V. c. 7, s. 17; c. 8, Sched.

4. It shall not be lawful to take, injure, destroy or have in possession any nest, young or egg of any bird whatsoever, except of eagles, falcons, hawks, owls, wild pigeons, black-birds, king-fishers, crows, jays, English sparrows and ravens. R. S. O. 1877, c. 201, s. 4; 50 V. c. 7, s. 18; c. 8, Sched.

birds unlaw

5. Any person may seize, on view, any bird unlawfully pos- Power to seize sessed, and carry the same before any Justice of the Peace, to fully possessbe by him confiscated, and if alive to be liberated; and it shall ed. be the duty of all market clerks and policemen or constables, on the spot to seize and confiscate, and if alive, to liberate such birds. R. S. O. 1877, c. 201, s. 5.

6. The Commissioner of Agriculture, and all persons au- Eggs or birds thorized by him to that effect, may grant written permission scientific purto any person or persons who may be desirous of obtaining poses. birds or eggs for bona fide scientific purposes, to procure them for that purpose, and such person or persons shall not be liable to any penalty under this Act. R. S. O. 1877, c. 201, s. 6.

7.—(1) The violation of any provision of this Act shall subject Penalties. the offender to the payment of not less than $1 and not more than $20 with costs, on summary conviction, on information or complaint before one or more Justices of the Peace.

fines.

(2) The whole of the fine shall be paid to the prosecutor, Application of unless the convicting Justice has reason to believe that the prosecution is in collusion with and for the purpose of benefiting the accused, in which case the said Justice may order the disposal of the fine as in ordinary cases.

ment.

(3) In default of payment of the fine and costs, the offender Imprisonshall be imprisoned in the nearest common gaol for a period of not less than two and not more than twenty days, at the discretion of the Justice. R. S. O. 1877, c. 201, s. 7.

invalid for

8. No conviction under this Act shall be annulled or vacated Conviction not for any defect in the form thereof, or for any omission or in- want of form. formality in any summons or other proceeding under this Act, so long as no substantial injustice results therefrom. R. S. O. 1877, c. 201, s. 8.

CHAPTER 223.

An Act to encourage the Destroying of Wolves.

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,

enacts as follows:

to a J. P. the

1. If any person produces the head of a wolf with the ears When any peron, before any Justice of the Peace acting for any county in son producing Ontario, and makes oath or affirmation (as the case may be), head of a wolf or otherwise proves to the satisfaction of such Justice, that the with the ears wolf was killed within that county, or within one mile of an a reward.

on, entitled to

J. P. to give his certificate.

Treasurer to pay the reward if in funds.

Other County

first paid.

actual settlement in the county, he shall be entitled to receive from the treasurer of the county the sum of $6 as a bounty for the same. R. S. O. 1877, c. 202, s. 1.

2. In case the Justice of the Peace before whom the head of the wolf is produced, is satisfied of the fact that the wolf was killed as in the preceding section mentioned, he shall first cut off the ears thereof, and then give the person a certificate that the fact of the wolf having been killed as in the last section mentioned has been proved to his satisfaction, and such certificate shall authorize the person holding the same to demand and receive from the treasurer of the county the said bounty of $6. R. S. O. 1877, c. 202, s. 2.

3. The treasurer of the county shall forthwith pay such bounty to the person presenting the certificate, provided the county funds in his hands enable him so to do; and if the said funds do not so enable him, then the said treasurer shall pay the same out of the moneys of the county which next thereafter come into his hands. R. S. O. 1877, c. 202, s. 3.

4. The treasurer of a county shall not pay the bounty to expenses to be which any such certificate entitles the person presenting the same, until he has paid the annual expenses of the county, arising from the building of a court house and gaol, and keeping the same in repair, the fees of the clerk of the peace, the salary of the gaoler, and the maintenance of the prisoners. R. S. O. 1877, c. 202, s. 4.

rates.

If not paid 5. When the funds of any county do not enable the treacertificate may be tendered in surer thereof to pay the bounty, the certificate thereof shall be discharge of a lawful tender to the full value and amount therein specified, for and towards the discharge of any county rate or assessment to be collected from any person within the county in which the wolf was destroyed, and shall be accepted and taken by the collector of any township within the county as equivalent to so much of the current money of Canada, and may be by him paid and delivered over to the county treasurer, by whom the same shall in like manner be taken and accepted as equivalent to so much of the current money aforesaid. R. S. O. 1877, c. 202, s. 5.

SECTION XIII.

EDUCATION.

CHAP. 224.-EDUCATION DEPARTMENT, p. 2381.

225.-PUBLIC SCHOOLS, p. 2385.

HIGH SCHOOLS AND COLLEGIATE INSTITUTES, p. 2451. 227. SEPARATE SCHOOLS, p. 2466.

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228.-CONVEYANCES TO TRUSTEES FOR SCHOOL PURPOSES, p. 2499.
229.-UPPER CANADA COLLEGE, p. 2500.

230.-UNIVERSITY OF TORONTO, p. 2503.

231.-INCOME AND PROPERTY OF UNIVERSITY OF TORONTO, UNI-
VERSITY COLLEGE, AND UPPER CANADA COLLEGE, p. 2524.

232.-SCHOOL OF PRACTICAL SCIENCE, p. 2531.

233.-AGRICULTURAL COLLEGE, p. 2533.

234.-INDUSTRIAL SCHOOLS, p. 2538.

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Powers and duties of department, ORDERS AND REGULATIONS TO BE

8. 4. MINISTER OF EDUCATION, ss. 2, 3.

Power to settle disputes, s. 6.

LAID BEFORE THE LEGISLATURE,
s. 7.

Annual report, s. 5.

HER MAJESTY, by and with the advice and consent of

the Legislative Assembly of the Province of Ontario,

enacts as follows:

1. There shall be a Department of Education, which shall Department consist of the Executive Council, or a committee thereof established. appointed by the Lieutenant-Governor; and one of the said Executive Council, to be nominated by the Lieutenant-Governor, shall hold the office of "Minister of Education." 48 V. c. 48, s. 1.

2. The office of Minister of Education may be held by a Office of member of the Executive Council holding no other office; and Minister of notwithstanding any salary attached thereto, he shall be

Education.

Acceptance of the office of Minister, no vacation of seat in the

Legislature.

Powers.

Regulations.

Appointment of Inspectors.

Central Committee of Examiners.

Model Schools

capable of being elected, and sitting and voting as a member of the Legislative Assembly; or such office may be held in connection with any other office held by a member of the Executive Council; and any of the powers and duties of the said office may be assigned for a limited period, or otherwise, to any other of the members of the Executive Council holding any other departmental office, by name or otherwise. 48 V. c. 48, s. 2.

3. In case a member of the Executive Council holding any one of the five departmental offices established by section 63 of The British North America Act, 1867, and being at the same time a member of the Legislative Assembly, resigns his office, and within one month after his resignation accepts the office of Minister of Education, he shall not thereby vacate his seat in the Legislative Assembly, unless the administration of which such person was a member has resigned, and in the interval a new administration has occupied the said offices; or in case such member of the Executive Council isappointed to hold the office of Minister of Education in addition to or in connection with one of the said five departmental offices, he shall not thereby vacate his seat in the Legislative Assembly; and in either of the said cases any increase or change of emolument arising from the office of Minister of Education shall not cause any vacancy, or render a re-election necessary. 48 V. c. 48, s. 3.

4. The Education Department shall have power

1. To make regulations for the classification, organization, discipline and government of normal, model, high, public and separate schools; for the equipment and ventilation of school houses; for the arrangement and requisites of school premises; for the authorization of text-books for the use of pupils, and for determining the qualifications and duties of inspectors, examiners, teachers and assistants in high schools;

2. To appoint inspectors of high schools, separate schools, and county model schools, masters of Provincial, normal and model schools, and directors of teachers' institutes;

3. To appoint a central committee of examiners of not more than seven persons, whose duty it shall be, under the directions of the Minister, to prepare examination papers for the annual departmental examination of teachers, for the closing examination of the normal schools and county model schools, and the admission of pupils to high schools and collegiate institutes, and to report to the Minister the results of such examinations;

4. To authorize a separate school in any county to be constifor teachers of tuted a model school for the training of teachers for separate Separate Schools. schools, and in such case, or where from the special circum

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