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22. On the complaint of the school corporation or philan- Power to order thropic society, or of any agent of the school corporation or maintain a parent, etc., to philanthropic society at any time during the detention of a child. child in a certified industrial school, the Judge of the Division Court of the division in which the parent, step-parent or guardian of the child resides, may, on summons to the parent, stepparent or guardian, in the form or to the effect of the Schedule to this Act, issued and served according to the ordinary practice of the Court, examine into his ability to maintain the child, and the Judge may, if he thinks fit, make an order on such parent, step-parent or guardian for the payment to the school corporation or philanthropic society of such weekly sum, not exceeding $1.50 per week, as to the Judge seems reasonable, during the whole or any part of the time during which the child is liable to be detained in the school, and the said order shall for all purposes be a judgment of the Division Court. 47 V. c. 46, s. 22; 50 V. c. 7, s. 26.

order for

23. The Judge making such order, or any other Judge hold- Varying the ing the Division Court, may from time to time vary any maintenance. such order as circumstances require, on the application either of the person on whom the order is made, or of the school corporation or philanthropic society or its agent, on fourteen days' notice of the application being first given to the other party. 47 V. c. 46, s. 23.

ance.

24. The officers of the Court shall be entitled to charge fees Costs of order upon proceedings had under the next preceding two sections, for maintenaccording to the lowest Division Court scale, and in every case all costs shall be in the discretion of the Judge. 47 V. c. 46, s. 24.

tions for main

25.--(1) In case a child sent by a Judge or Magistrate to an Liability of industrial school has not resided in the city or town in which other corporasaid school is situated, or to which it is attached for a period tenance acof one year, but has resided for that period in some other cording to county, city, or separated town, the school corporation or the child. philanthropic society may recover from the corporation of such county, city, or separated town the expense of maintaining the child.

(2) If the child, although he or she had resided for a period of one year in the city in which the industrial school is situated, or to which it is attached, had, since such residence, been resident for a period of one year in some other municipality, the school corporation or philanthropic society, may, in like manner, recover the expense of maintenance from the county, city, or separated town in which the child last resided for a period of one year.

(33) When the child resided for one year last preceding its admission to said school in the city or town in which the industrial school is situated or to which it is attached, such city

residence of

Apprehension

on escape or absence.

Minister of

apportion

grants for schools.

or town shall pay a sum of not less than $1.50 per week towards the expenses of maintaining in the school each child whose maintenance is not otherwise fully provided for; and such city or town shall have the power to recover the amount so paid from the parents if able to pay it. 47 V. c. 46, s. 25; 50 V. c. 7, s. 26.

26. If a child sent to a certified industrial school, and while liable to be detained there, escapes from the school, or neglects to attend thereat, he may, at any time before the expiration of his period of detention, be apprehended without warrant, and may be brought back to the same school there to be detained during the period equal to so much of his period of detention as remained unexpired at the time of his escape. 47 V. c. 46, s. 26.

27. In case any money is granted or provided by the LegisEducation to lature for the support of industrial schools, it shall be the duty of the Minister of Education, and he is hereby empowered, to apportion the money on or before the 1st day of May, to the several industrial schools in the Province, according to the average number of pupils at such school from time to time during the preceding year as compared with the whole average number at the industrial schools established under this Act. 47 V. c. 46, s. 27.

Inspection.

Surrender of child to pa

persons.

28. Industrial schools established under this Act shall be under the same inspection, and subject to the same laws in all respects as other schools, except so far as may be inconsistent with this Act. 47 V. c. 46, s. 28.

29. Whenever it is satisfactorily proved that the parents of rents or other any child committed under the provisions of this Act have reformed and are leading orderly and industrious lives, and are in a condition to exercise salutary parental control over their children, and to provide them with proper education and employment, or whenever, said parents being dead, any person offers to make suitable provision for the care, nurture and education of such child as will conduce to the public welfare, and will give satisfactory security for the performance of the same, then the board of school trustees or philanthropic society may discharge said child to the parents or to the party making provision for the care of the child as aforesaid. 47 V. c. 46, s. 29.

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Defendant.

You, the above-named defendant, are hereby summoned to appear at the next sitting of this Court, to be holden at

in the County of

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ten o'clock in the forenoon, to answer the allegation of the plaintiff, that you, the said are liable for the expense of maintaining one E. D., a boy detained in the Industrial School, under the charge of the above named plaintiffs, in the City of

And, further, you are hereby required to take notice that the plaintiffs claim that you are able to pay the sum of $ per week towards the said expenses, and that if you do not appear at the said time and place, such order will be made in your absence as may seem just.

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SECTION XIV.

RELIGIOUS MATTERS.

CHAP. 235.-TITHES, p. 2546.

CHAP. 236.-RECTORIES, p. 2546.

CHAP. 237.-PROPERTY OF RELIGIOUS INSTITUTIONS, p. 2548.

CHAPTER 235.

An Act respecting Tithes.

No rector, etc., to be entitled to tithes.

H

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

1. No tithes shall be claimed, demanded or received by any rector, vicar, or other ecclesiastical person of the Protestant Church within Ontario. R. S. O. 1877, c. 214.

Preamble.

The free exer

CHAPTER 236.

An Act respecting Rectories.

HEREAS the recognition of legal equality among all religious denominations is an admitted principle of Colonial legislation; And whereas, in the state and condition of this Province, to which such principle is peculiarly applicable. it is desirable that the same should receive the sanction of direct legislative authority, recognizing and declaring the same as a fundamental principle of the civil policy of this Province: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts. as follows:

1. The free exercise and enjoyment of religious profession cise of religi- and worship, without discrimination or preference, provided the same be not made an excuse for acts of licentiousness, or a justification of practices inconsistent with the peace and safety

ous profession, etc., guar

anteed.

of the Province, is by the constitution and laws of this Province assured to all Her Majesty's subjects within the same. R. S. O. 1877, c. 215, s. 1.

to be hereafter

2. No letters patent shall be hereafter issued in this Pro- No rectories vince by the Crown for the erection of any parsonages or rec- created. tories, according to the establishment of the Church of England, or for the endowment thereof, out of the Clergy Reserves or the public domain, or for the presentation of any incumbent or minister to any such parsonage or rectory. R. S. O. 1877, c. 215, s. 2.

3. Nothing herein contained shall in anywise affect any pro- Certain recceedings heretofore had, whereby certain parsonages or rectories tories not to be affected by were erected and endowed, or supposed to be erected and en- this Act. dowed by the authority of an Act of the Imperial Parliament passed in the 31st year of the reign of King George the Third, chapter 31, intituled An Act to repeal certain parts of an Act 31 Geo. III. passed in the fourteenth year of His Majesty's reign, intituled c. 31. An Act for making more effectual provision for the Govern- . ment of the Province of Quebec, in North America, and to make further provision for the Government of the said Province, or whereby certain incumbents or ministers were presented, under the same authority, to such parsonages or rectories or any of them, but the legality or illegality of all such proceedings shall be adjudicated upon and determined as if this Act had not been passed. R. S. O. 1877, c. 215, s. 3.

tories pro

4. The right of presenting an incumbent or minister to any Presentation such parsonage or rectory shall vest in and be exercised by the to such recsynod of the Church of England diocese within which the vided for. same is situated, or in such other person or persons, bodies politic or corporate, as such synod, by any by-law or by-laws to be by them from time to time passed for that purpose, may think fit to direct or appoint in that behalf. R. S. O. 1877, c. 215, s. 4.

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