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Contingent Expenses of Council provided for.

116. The expenses attending the proceedings of the said council shall be accounted for by the Chief Superintendent as part of the contingent expenses of the Education Office.

Recording Clerk, and his duties.

117. The senior clerk in the Education Office shall be Recording clerk to the said council,—he shall enter all its proceedings in a book kept for that purpose,—and shall, as may be directed, procure the books and stationery for the Normal and Model schools, and keep all the accounts of the said council.

Quorum of Three, and Casting Vote of Chairman.

118. At any lawful meeting of the Council of Public Instruction, three members shall form a quorum for the transaction of business, and in case of an equality of votes on any question, the chairman shall be entitled to a second or casting vote.

Duties of the Council.

119. It shall be the duty of such Council and they are hereby empowered

To appoint Chairman, &c.

(1) To appoint a chairman, and determine the times of its meetings, and the mode of conducting its proceedings;

Establishment of Normal and Model Schools.

(2) To adopt all needful measures for the permanent establishment and efficiency of the Normal School for Upper Canada, containing one or more Model Schools, for the instruction and training of teachers of Common schools in the science of education and the art of teaching;

Regulations for Normal and Model Schools.

(3) To make from time to time the rules and regulations necessary for the management and government of such Normal School; to prescribe the terms and conditions on which students will be received and instructed therein;* to select the location of such school, and erect or procure and furnish the buildings therefor; to determine the number and compensation of teachers, and of all others who may be employed therein; and to do all lawful things which such council may deem expedient to promote the objects and interests of such school;

To make Regulations for Common School Teachers and Libraries.

(4) To make such regulations from time to time, as it deems expedient, for the organization, government and discipline of common

*See Normal School regulations appended.

schools, for the classification of schools and teachers, and for school libraries throughout Upper Canada.

To recommend Text and Library Books.

(5) To examine, and at its discretion, recommend or disapprove of text-books for the use of schools,* or books for school libraries.

To make Regulations for granting Pensions to Superannuated Teachers.

(6) To prescribe such regulations, with the approbation of the Governor in Council as it, from time to time, deems expedient, for granting pensions to superannuated or worn out teachers of common schools; but no annual allowance to any superannuated or worn out teacher shall exceed the rate of six dollars for each year that such teacher has taught a common school in Upper Canada; and no teacher shall be entitled to share in the said fund unless he has contributed to such fund the sum of four dollars or more per annum, for the period of his teaching school, or of his receiving aid from such fund, nor unless he furnishes satisfactory proof to the Council of Public Instruction, of inability, from age or loss of health in teaching, to pursue that profession any longer.†

Annual Report to the Governor.

(7) And to transmít annually, through the Chief Superintendent of Education to the Governor, to be laid before the Legislature, a true account of the receipt and expenditure of all moneys granted for the establishment and support of the Normal school.

[The one hundred and twentieth and the one hundred and twentyfirst sections refer to the distribution of the various grants for educational purposes; and the one hundred and twenty-second section is now obsolete.]

Grant payable on the 1st of July in each Year.

123. The sum of money apportioned annually by the Chief Superintendent of Education to each county, township, city, town or village, in aid of common schools therein respectively, shall be payable on or before the first day of July, in each year, to the treasurer of each county, city, town, and village, in such way as the Governor in Council from time to time directs.‡

*See authorised list on page 40.

+ See Regulations for Superannuated Teachers appended.

At present all school moneys for Upper Canada, granted by the Legislature, are payable at the Educational Department, Toronto. It is necessary, therefore, that each Local Treasurer should have an Agent or Attorney in Toronto, authorized to receive it. Each Treasurer, before applying through his Agent for the Legislative School Grant, should assure himself, by communication with the clerk of the Municipality, that all the school moneys of the preceding year have been properly accounted for to the Educational Department, and that his name has been reported to the Department, as required by law. See page 63.

Common School Fund defined.

And such sum, together with at least an equal sum raised annually by local assessment, shall constitute and be called the common school fund of such county, township, city, town, or village; and no part of the salaries of the chief or local superintendents, nor of any other persons except teachers employed, or of any expenses incurred in the execution of this act, shall be paid out of the said common school fund, but such fund shall wholly and without diminution, be expended in the payment of teachers' salaries as herein provided.*

Conditions of receiving Share of Grant.

124. No county, city, town, or village shall be entitled to a share of the Legislative School Grant without raising by assessment a sum at least equal (clear of all charges for collection) to the share of the said school grant apportioned to it; and should the municipal corporation of any county, city, town, or village, raise in any one year a less sum than that apportioned to it out of the Legislative School Grant, the Chief Superintendent of Education shall deduct a sum equal to the deficiency, † from the apportionment to such county, city, town or village in the following year.


How School may be Supported.

125. All the school expenses of each section shall be provided for by any or all of the three following methods:

(1) Voluntary subscription;

(2) Rate-bill for each pupil attending the school: or

(3) Rate upon property;

But no rate-bill shall be imposed exceeding twenty-five cents per month for each pupil attending the school. §

*The restriction in this section refers also to the county school assessment, the collector's fees, and to the per centage usually allowed to Treasurers-none of which can be lawfully borne by the school fund.

The fifty-ninth section of this Act, page 65, requires the clerk of the Muni cipality to transmit an abstract of the Auditors' accounts to the Chief Superintendent by the first of March. Unless this abstract be sent, the Chief Superin tendent cannot learn whether the conditions of the law have been complied with. The apportionment must therefore be withheld until the abstract be sent in. See note to that section of the Act, page 65, and also the section of the Upper Canada Consolidated Assessment Act, quoted on page 64.

The eleventh clause of the sixth section of the Consolidated Provincial Statutes General Interpretation Act, 22 Vict. chap. 5, enacts that "the word month," in any Provincial Statute, "shall mean a calendar month."

§ A child attending only a few days of a month or quarter is liable for the whole month or quarter. By the Common School Regulations, all school fees are payable in advance. See note on page 36.

A Resident in one Section sending his Children to another Section.

126. Any person residing in one school section, and sending a child or children to the school of a neighbouring school section, shall nevertheless be liable for the payment of all rates assessed for the school purposes of the section in which he resides, as if he sent his child or children to the school of such section; and such child or children shall not be returned as attending any other than the school of the section in which the parents or guardians of such child or children reside ;*

Exception as to Separate Schools.

But this clause shall not apply to persons sending children to or supporting separate schools, or prevent any person who may be taxed for common school purposes on property situate in a different school section from that in which he resides, from sending his children to the school of the section in which such property may be situate, on as favourable terms as if he resided in such section.

Rates on Lands of Non-Residents to be returned to the Clerk of the Municipality.

127. If the collector appointed by the trustees of any school section, be unable to collect that portion of any school rate which has been charged on any parcel of land liable to assessment, by reason of there being no person resident thereon, or no goods and chattels to

* Persons sending their children to the school of a neighbouring section, are liable for the property rates levied in their section, and for a rate bill in the section to which they send. Trustees cannot admit the children of non-residents (except such as are defined in the latter part of the above one hundred and twenty-sixth section) even to a Free School without payment of certain fees, at their discretion. Boarders who have resided in a section for less than a year are not "residents" in the sense of the Act. Apprentices may, however, be considered as residents. See note on page 39.


The real estate of a Railway Company situated in a school section is not nonresidents' land. See No. 6, of the Powers aud Duties of Collectors on page 27.

Non-Residents' Lands, as per Assessment Act.

The following are the provisions of the Upper Canada Consolidated Assessment Act on the subject of the lands of non-residents, &c.: [See note on page 24.]

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1. Definition of the "Lands of Non-Residents."

Unoccupied land, owned by a person not resident and not having a legal domicile or place of business in the township, village, town, or city where the same is situate, or whose residence or domicile or place of business therein cannot, upon diligent inquiry by the assessor, be found, and who has not signified to the assessor personally or in writing, that he owns such land and desires to be assessed therefor, shall be denominated lands of non-residents.""-Section 6.

2. If land not occupied by owner, but owner is known.

"As to land not occupied by the owner, but of which the owner is known, and who, at the time of the assessment being made, resides, or has a legal domicile or

distrain,* the trustees shall make a return to the clerk of the municipality, before the end of the then current year,† of all such parcels of Îand and the uncollected rates thereon, and the clerk shall make a

place of business in the township, village, town or city, or who has signified personally, or by writing, to the assessor, that he owns the land and desires to be assessed therefor, the same shall be assessed against such owner alone, if the land is unoccupied, or against the owner and occupant if such occupant be any other person than the owner.-Section 22.

3. If owner non-resident and unknown.

"If the owner of the land be not resident, or be unknown, and has not requested to be assessed therefor, in the manner in the last section mentioned, then if the land is occupied, it shall be assessed in the name of and against the occupant; but if the land be not occupied, then it shall be assessed as land of a non-resident. -Section 23.

4. If land assessed against owner and occupant, taxes may be recovered from any future owner or occupant.

"When the land is assessed against both the owner and occupant, the assessor shall, on the roll, add to the name of the owner the word "owner," and to the name of the occupant the word " occupant," and the taxes may be recovered from either, or from any future owner or occupant, saving his recourse against any other person.-Section 24.

5. If land occupied by more owners than one.

"When land is owned or occupied by more persons than one, and all their names are known to the assessor, they shall be assessed therefor; but if the names of all are not so known, those of them whose names are known shall be assessed for the whole, saving their recourse against the others and the names of all known owners and occupants shall be mentioned.-Section 25.

6. In what cases unpatented lands shall be liable to taxes.

The Consolidated Assessment Amendment Act of 1863 further provides for levying taxes on unpatented Crown lands, as follows:


Unpatented land, vested in or held by Her Majesty, which shall hereafter be sold or agreed to be sold to any person, or which shall be located as a free grant, shall be liable to taxation from the date of such sale or grant, and any such land which has been already sold, or agreed to be sold to any person or has been located as a free grant, shall be held to have been liable to taxation since the first day of January, one thousand eight hundred and sixty-three, and all such lands shall be liable to taxation thenceforward, under the act respecting the assessment of property in Upper Canada, in the same way as other land, whether any license of occupation, location ticket, certificate of sale, or receipt for money paid on such sale, has or has not been, or shall or shall not be issued, and (in case of sale or agreement of sale by the Crown) whether any payment has or has not been, or shall or shall not be made thereon, and whether any part of the purchase money is or is not overdue and unpaid; but such taxation shall not in any way effect the rights of Her Majesty in such land.-Section 9 of 27 Vic., cap. 19. See also page 49.

* See the twenty-first section of the School Law Amendment Act of 1860, on page 24.

+School fees being by law payable in advance (see note on page 36), the schoolrate can be levied in sufficient time to allow this return to be made.

NOTE. The one hundred and tenth section of the Upper Canada Consolidated Assessment Act, 22 Vict. chap. 55, makes it the duty of the Treasurer of each Municipality to furnish the County Treasurer "with an account of all arrears remaining due upon lands on account of any rate imposed by School Trustees."

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