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[7. The School Law Amendment Act of 1860 further enacts that: 14. The Chief Superintendent shall have authority to decide upon all disputes and complaints laid before him, the settlement of which is not otherwise provided for by law, and upon all appeals made to him from the decision of any Local Superintendent or other school officer.]
Disagreement between Roman Catholic School Trustees and Officials.
[7. The Roman Catholic Separate School Act of 1863, enacts that: 27. In the event of any disagreement between trustees of Roman Catholic Separate Schools and Local Superintendents of Common Schools, or other municipal authorities, the case in dispute shall be referred to the equitable arbitrament of the Chief Superintendent of Education in Upper Canada; subject, nevertheless, to appeal to the Governor in Council, whose award shall be final in all cases.*]
sometimes urged that the Legislature did not mean legal questions to be determined by an officer who, perhaps, might not be versed in legal distinctions. It appears, therefore, looking at the whole scope of the acts, that it was supposed the affairs of the schools could be managed by means of arbitration and references to the Local and Chief Superintendents, without troubling the Courts."
*The following are the Departmental regulations in regard to these appeal cases, &c. :
1. Appeals to the Chief Superintendent of Education.-All parties concerned in the operations of the school laws, have the right of appeal to the Chief Superintendent of Education, and he is authorized to decide such questions as are not otherwise provided for by law. But for the ends of justice, to prevent delay, and save expense, it will be necessary for any party thus appealing: 1. To furnish the party against whom he may appeal, with a correct copy of his communication to the Chief Superintendent, in order that such party may have an opportunity of transmitting any explanation or answer deemed expedient. 2 To state expressly in the appeal that the opposite party has been thus notified, as it must not be supposed that the Chief Superintendent will decide or form an opinion on any point affecting different parties, without hearing both sides,-whatever delay may at any time be occasioned in order to secure such hearing. Applica tion for advice in school matters, should in all cases be first made to the Local Superintendent having jurisdiction in the municipality.
2. Communications with the Government relating to Schools, should be made through the Educational Department, Toronto, as all such communications not so made, are referred to the Chief Superintendent of Education, to be brought before His Excellency through the proper department,-which occasions unneces sary delay and expense.
2. Communications generally-The parties concerned are left to their own discretion as to the form of all communications relating to schools, for which specific instructions are not furuished by the Department; but they are requested to use large sized or foolscap paper. In all communications, however, the number of the School Section, and the name of the Township and Post Office, with the official title of the writer should be given; and also the number and dates of any previous correspondence on the same subject.
4. The Journal of Education having been constituted by His Excellency the Governor General in Council, the official medium of communicating all departmental intelligence and information, parties should refer to its pages on matters relating to the apportionment, blank reports, Depository, Normal School, &c.
5. Communications relating to the Journal of Education, to the Educational Depository, to Public Libraries, or to the Superannuated Teachers' Fund, School
Application of Balances of the School Fund.
(8) To direct the application of the balances of the school fund apportioned for any year which may be forfeited according to the provisions of this Act, towards making up the salaries of teachers in the county to which the same has been apportioned.
Appointing a Deputy, and Special Inspectors.
(9) To appoint one of his clerks to be his Deputy,* to perform the duties of his office in his absence; and to appoint one or more persons, as he, from time to time, deems necessary, to inspect any school or examine into and report to him upon any school matter in the county where such person or persons reside; but no allowance or compensation shall be made to such special inspector or inspectors for any services performed by him or them;
To have the supervision of the Normal School.
(10) To take the general superintendence of the Normal school; and use his best endeavours to provide for and recommend the use of uniform and approved text-books in the schools generally;
Establishing school libraries.
(11) To employ all lawful means in his power to procure and promote the establishment of school libraries for general reading, in the several counties, townships, cities, towns, and villages;
To provide plans for School-Houses, and to disseminate useful information.
(12) To provide and recommend the adoption of suitable plans of school-houses, with the proper furniture and appendages; and to
Accounts, Poor Schools, &c. &c., should be written on separate sheets from letters of appeal or on legal questions, in order that they may be separated and classified.
6. Postage Regulations in regard to Grammar and Common School Returns.All official returns which are required by law to be forwarded to the Chlef Superintendent, or a Local Superintendent, and which are made upon the printed blank forms furnished by the Educational Department, must be pre-paid, at the rate of one cent, and be open to inspection, so as to entitle them to pass through the post as printed papers. No letters should be enclosed with such returns. A neglect to observe this regulation has repeatedly subjected this Department to an unnecessary charge of fourteen and twenty-one cents on each package, including the postoffice fine for non-payment.
7. School Registers supplied through Local Superintendents.—School Registers are supplied gratuitously from the Department, to Common and Separate School Trustees in cities, towns, villages, and townships, by the County Clerk, through the Local Superintendents. Application should therefore be made direct to the Local Superintendent for them, and not to the Department. Those for Grammar Schools are also to be obtained through the County Clerk.
* * *
* The Consolidated Provincial Statutes General Interpretation Act, 22 Vict. chap. 5, enacts as follows: 6. Twenty-thirdly. Words directing or empowering a public officer or functionary to do any ct or thing, or otherwise applying to him by his name of office, shall include his successors in such office, and his or their lawful Deputy.
collect and diffuse among the people of Upper Canada useful information on the subject of education generally;
To submit Books, Manuscripts, and General Regulations to the Council of Public Instruction.
(13) To submit to the Council of Public Instruction, all books or manuscripts which with the view of obtaining the recommendation or sanction of such council for their introduction as text-books or library books, are placed in his hands; and to prepare and lay before the Council of Public Instruction, for its consideration, such general regulations for the organization and government of Common schools, and the management of school libraries, as he may deem necessary and proper.
Appoint Conductors of Teachers' Institute.
(14) To appoint proper persons to conduct county teachers' insti tutes, and to furnish such rules and instructions as he may judge advisable in regard to the proceedings of such institutes, and the best means of promoting and elevating the profession of school teaching, and increasing its usefulness;
Responsibility for Moneys.
(15) To be responsible for all moneys paid through him in behalf of the Normal and Model schools, and to give such security for the same as the Governor may require;
Correspondence of the Council of Public Instruction.
(16) To prepare and transmit all correspondence directed or authorized by the Council of Public Instruction for Upper Canada;
To make Annual Report to the Governor.
(17) To make annually to the Governor, on or before the first day of July, a report of the actual state of the Normal, Model, and Common schools throughout Upper Canada, showing the amount of moneys expended in connection with each, and from what sources derived, with such statements and suggestions for improving the Common schools and the Common school laws, and promoting education generally as he may deem useful and expedient;
To make Financial Report to Parliament.
(18) To lay before the Legislature, at each sitting thereof, a correct and full account of the disposition and expenditure of all moneys which come into his hands as Chief Superintendent; and annually on or before the thirtieth of January in each year, to make the report required by the Act for the more efficient auditing of public accounts.
Provincial Certificates to be given to Normal School Students. 107. The Chief Superintendent of Education, on the recommendation of the teachers in the Normal School, may give to any teacher
of common schools a certificate of qualification which shall be valid in any part of Upper Canada until revoked ;* but no such certificate shall be given to any person who has not been a student in the Normal School.†
Uniformity of Decisions in Division Courts.
108. It being highly desirable that uniformity of decision should exist in cases within the cognizance of the Division Courts and tried in such courts, in which the superintendents, trustees, teachers, and others acting under the provisions of this Act are parties, the judge of any Division Court wherein any such action may be tried, may, at the request of either party, order the entering of judgment to be delayed for a sufficient time to enable such party to apply to the Chief Superintendent of Education to appeal the case, and after notice of appeal has been served as hereinafter provided, no further proceedings · shall be had in such case until the matter of the appeal has been decided by a Superior Court.§
Chief Superintendent may appeal from such Court to the Superior Courts of Law.
109. The Chief Superintendent may, within one month after the rendering of judgment in any such case, appeal from the decision of the Division Court Judge to either of the Superior Courts of Law at Toronto, by serving notice in writing of such appeal upon the clerk of the Division Court appealed from, which appeal shall be entitled "The Chief Superintendent of Education for Upper Canada, Appelant, in the matter between (A. B. and C. D.)"
Judge to send Papers to Superior Court.
110. The Judge whose decision is appealed from shall thereupon certify under his hand, to the Superior Court appealed to, the summons and statement of claim and other pooceedings in the case, to
* See the twenty second section of the School Law Amendment Act of 1860, on page 89.
See note to the eightieth section of this Act, page 75. The sessions of the Normal School commence on the eighth of January, and the eighth of August in each year.
The Trustees, being a corporation, and the school representatives of their sec tion, can include the costs of any lawful suit in which they may be involved, as Trustees, if they succeed in it, in the "other expenses" of their school, as authorized by the tenth clause of the twenty seventh section of this Act. See note (e) on page 33. In suits against trustees the corporate property of the trustees alone is liable in execution, and not their individual property. Trustees need not ap pear in court as witnesses, unless individually subpoenaed. See note* on page 19.
§ Parties seeking an appeal, in terms of this section, must, without delay furnish the Chief Superintendent with a copy of the statement and ground of the decision of the Judge, so as to enable him to determine, in sufficient time, whether or not such decision warrants an appeal to the higher courts. They should also furnish him with the name and post office address of the Clerk of the Division Court from the Judge of which an appeal is desired.
gether with the evidence and his own judgment thereon, and all objections made thereto.
Superior Court to give such Order as Law and Equity require.
111. The matter shall be set down for argument at the next term of such Superior Court, and such Court shall give such order or direction to the Court below, touching the judgment to be given in the matter, as law and equity require, and shall also in its discretion award costs against the appellant, which costs shall be certified to and form part of the judgment of the Court below.
Proceedings in Division Court thereon.
112. Upon receipt of such order, direction and certificate, the judge of the Division Court shall forthwith proceed in accordance therewith.
Costs of Appeal
113. All costs awarded against an appellant, and all costs incurred by him, shall be paid by the Chief Superintendent, and charged as contingent expenses of his office.
[113. The School Law Amendment Act of 1860 further enacts that:-23. It shall be competent for the Chief Superintendent of Education, should he deem it expedient, to submit a case on any question arising under the Grammar or Common School Acts, to any Judge of either of the Superior Courts for his opinion and decision, or, with the consent of such Judge, to either of the Superior Courts, for their opinion and decision.]
PART X.-DUTIES OF THE COUNCIL OF PUBLIC
Council of Public Instruction to be Appointed.
114. The Governor may appoint a Council of Public Instruction for Upper Canada, to consist of not more than nine* persons (of whom the Chief Superintendent of Education shall be one), to hold office respectively during pleasure, and such council shall, in the ex ercise of its duties, be subject to all lawful orders and directions from time to time issued by the Governor.
Chief Superintendent to provide place, and call meetings.
115. The Chief Superintendent shall provide a place for the meetings of the Council of Public Instruction, and may call a special meeting at any time by giving due notice to the other members.
* Increased for Grammar School purposes by the Grammar School Act.