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return to the county treasurer of all such lands and the arrears of school rates thereon, and such arrears shall be collected and accounted for by such treasurer in the same manner as the arrears of other taxes; and the township, village, town, or city in which such school section is situate, shall make up the deficiency arising from uncollected rates on lands liable to assessment, out of the general funds of the municipality.*

Foreign Books not to be used without the Permission of the Council of Public Instruction.

128. No person shall use any foreign books in the English branches of education, in any model or common school, without the express permission of the Council of Public Instruction;t and no portion of the Legislative School Grant shall be applied in aid of any common [or separate] school in which any book is used that has been disapproved of by the Council of Public Instruction, and public notice given of such disapproval.

* Decisions in the Court of Common Pleas on non-resident taxes. 1. Return of uncollected rates of past years may be made by Trustees. Such rates are payable immediately out of the general funds of the township.

The Court of Common Pleas has decided that, by the School Law, it is made the duty of the local municipality to make up and supply any deficiency arising to the school fund which arises from the inability of the collector of school rates to collect the same by reason of their being no resident on such land, or no goods and chattels thereon which can be distrained; and that the legislature intended that such deficiency should be made up out of the general funds of the municipality, immediately after the return made to the clerk of the municipality of what school rates are so in arrear. It was also held that trustees may, before the end of each current year, return all school rates upon lands not collected for the reasons stated in the Act, and of which no prior return has been made to the clerk of the municipality.-School Trustees No. 1, Arthur v. Township Council of Arthur and Luther. 9 C. P. R. 532.

2. Mandamust not granted when other remedy can be had.

The Court of Common Pleas has decided that, as a general rule, a mandamus will not be granted unless the party making the application has no other specific legal remedy [ie, by suit (as in the case under review) of the trustees to recover imposed school rates on lands of non-residents]. Upon an application by school trustees for a mandamus to obtain money from a municipal corporation, the affidavits being contradictory, and this court having decided in the case of School Trustees of Arthur. v. The Municipality of Arthur, 9 C. P. R. 532 [quoted above], that an action for a balance due in a case such as this would lie, the mandamus was refused.-School Trustees No. 7 Elzevir v. The Municipality of Elzevir. 12 C. P. R. 548.

NOTE. In case of refusal on the part of the Township Council to pay the amount of these uncollected rates, duly returned to its clerk before the end of the year in which the rate was levied, the trustees can enter an action against the Township Council for such amount. See Decisions above, also the sections of the Upper Canada Consolidated Assessment Act, on pages 108, 109.

See authorised list of school text-books on page 40. § See Note on page 38.

Pupils not to be required to observe Religious Exercises objected to by their Parents.

129. No person shall require any pupil in any such school to read or study in or from any religious book, or to join in any exercise of devotion or religion objected to by his or her parents or guardians; but within this limitation, pupils shall be allowed to receive such religious instruction as their parents and guardians desire, according to any general regulations provided for the government of Common Schools.*


Penalty on Secretary-Treasurer for refusing to account.

130. If any secretary-treasurer appointed by the [Common or separate] school trustees of any school section or any person having been such secretary-treasurer, has in his possession any books, papers, chattels, or moneys, which came into his possession, as such secretarytreasurer, and wrongfully withholds or refuses to deliver up, or to account for and pay over the same or any part thereof to the person, and in the manner directed by a majority of the school trustees for the school section then in office, such withholding or refusal shall be a misdemeanor.

Mode of proceeding in the case.

131. Upon application to the Judget of the County Court, by a majority of such trustees, supported by their affidavit made before some justice of the peace, of such wrongful withholding or refusal, such judge shall make an order that such secretary-treasurer or person having been such, do appear before him at a time and place to be appointed in the order.

132. Any bailiff of a division court, upon being required by such judge, shall serve such order personally on the party complained against, or leave the same with a grown-up person at his residence.

133. At the time and place so appointed, the judge being satisfied that such service has been made, shall, in a summary manner, and

*These regulations are appended.

Jurisdiction of a County Judge in the case of a Secretary-Treasurer.

The Court of Common Pleas has decided: That under the one hundred and thirtieth section of the Upper Canada Consolidated Common School Act, the judge of the County Court has no jurisdiction, except when a secretary-treasurer "has in his possession, books, moneys, &c., which came into his possession as secretary-treasurer, and which he wrongfully holds and refuses to deliver up, &c." and such secretary treasurer must be guilty of a misdemeanor, contemplated by the one hundred and thirtieth clause, before the judge can interfere. Ferris v. Chesterfield et al., No. 16 Darlington. 10 C. P. R., 272.

whether the party complained of does or does not appear, hear the complaint, and if he is of opinion that the complaint is well founded such judge shall order the party complained of to deliver up, account for and pay over the books, papers, chattels or moneys as aforesaid by a certain day to be named by the judge in the order together with such reasonable costs incurred in making the application as the judge may tax.

134. In the event of a non-compliance with the terms specified in such order or any or either of them, the judge shall order the said party to be forthwith arrested by the sheriff of any county in which he may be found, and to be committed to the common gaol of his county, there to remain without bail until such judge be satisfied that such party has delivered up, accounted for or paid over the books, papers, chattels, or moneys in question, in the manner directed by the majority of the trustees as aforesaid.

135. Upon proof of his having so done, such judge shall make an order for his discharge, and he shall be discharged accordingly.

136. No such proceeding shall impair or affect any other remedy which the said trustees may have against such secretary-treasurer, or person having been such, or his sureties.

Certain Parties personally Responsible in case of lost School Fund.

137. If any part of the common school fund [or moneys] be embezzled or lost, through the dishonesty or faithlessness of any party to whom it has been entrusted, and proper security against such loss has not been taken, the person whose duty it was to have exacted such security shall be personally responsible for the sums so embezzled or lost; and the same may be recovered from him by the party entitled to receive the same, by action at law in any court having jurisdiction to the amount, or by information at the suit of the Crown.*

Penalty for False Reports and Registers.

138. If any trustee of a common school knowingly signs a false report, or if any teacher of a common school keeps a false school register, or makes a false return, with the view of obtaining a larger sum than the just proportion of school moneys coming to such school, such trustee or teacher shall, for each offence, forfeit to the common school fund of the township, the sum of twenty dollars, for which any person whatever may prosecute him before a Justice of the Peace, and for which he may be convicted on the oath of one credible witness other than the prosecutor; and if upon conviction the penalty is not forthwith paid, the same shall, under the warrant of such Justice, be levied with costs by distress and sale of the goods and chattels of the offender; and such penalty, when so paid or col

*See note on page 22, and note to the fifty-sixth section, page 64.

lected, shall by such Justice be paid over to the said common school fund; or the said offender may be prosecuted and punished for the misdemeanor.*

Penalty for Disturbing a School or School Meeting.

139. Any person who wilfully disturbs, interrupts, or disquiets the proceedings of any school meeting authorized to be held by this act, or any school established and conducted under its authority, or wilfully interrupts or disquiets any grammar, common, or other public school, by rude or indecent behaviour, or by making a noise either within the place where such school is kept or held, or so near thereto as to disturb the order or exercises of such school, shall, for each offence, on conviction thereof before a Justice of the Peace, on the oath of one credible witness, forfeit and pay for common school purposes to the school section, city, town, or village, within which the offence was committed, such sum not exceeding twenty dollars, together with the costs of the conviction, as the said justice may think fit; or the offender may be indicted and punished for any of the offences herein before mentioned as a misdemeanor.

How Penalties shall be Recoverable.

140. Unless it is in this Act otherwise provided, all fines, penalties, and forfeitures recoverable by summary proceeding, may be sued for, recovered, and enforced, with costs, by and before any Justice of the Peace having jurisdiction within the School Section, City, Town, or Village in which such fine or penalty has been incurred; and if any such fine or penalty and costs be not forthwith paid, the same shall, by and under the warrant of the convicting Justice, be enforced, levied, and collected, with costs, by distress and sale of the goods and chattels of the offender, and shall be by such Justice paid over to the school treasurer of the school section, city, town, or village, or other party entitled thereto; and in default of such distress, such Justice shall, by his warrant, cause the offender to be imprisoned for any time not exceeding thirty days, unless the fine and costs, and the reasonable expenses of endeavoring to collect the same, be sooner paid.

Interpretation clause.

141. The word "teacher "shall include female as well as male teachers; the word " county" shall include unions of counties, and the word "townships" shall include unions of townships made for municipal purposes.

Short Title to School Acts.

142. In citing or otherwise referring to this Act, it shall be sufficient to designate it as "the Upper Canada Common School Act," and in citing or otherwise referring to this act, or any other Act or Acts relative to common schools, which may, at the time of such citation or reference, be in force in Upper Canada, it shall be sufficient to use the expression "the Common School Acts of Upper Canada."

The term misdemeanor is applied to all those crimes and offences inferior to felony, for which the law has not provided a particular name.




23 Vict., Chap. 49.]

[Assented to 19th May, 1860.

WHEREAS it is expedient to amend the Law respecting Common Schools in Upper Canada; Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Penalty on Teacher refusing to deliver up School Register, &c.

1. Any teacher wilfully refusing, on the demand of the majority of the trustees of the school corporation employing him, to deliver up any school register or school house key or other school property in his possession, shall be deemed guilty of a misdemeanor and shall not be deemed a qualified teacher until restitution be made, and shall also forfeit any claim which he may have against the said trustees.

Remainder of School Section may be attached to adjacent Section.

2. On the incorporation of a part of any school section within the limits of a village, the municipal council of the township, within the limits of which such school section is in whole or in part situated, shal! have authority forthwith to attach the part or parts of such school section not included within the limits of the village corporation, to an adjacent school section or school sections, or form them into a separate and distinct section or sections.

Who are Legal Voters at School Meetings.

3. The seventeenth section of the Upper Canada Common School Act, chapter sixty-four, of the Consolidated Statutes for Upper Canada, shall be amended so as to read as follows:-No person shall be entitled to vote in any school section for the election of trustee or on any school question whatsoever, unless he shall have been assessed and shall have paid school rates as a freeholder or householder in such section; and in case an objection be made to the right of any person to vote in a school section, the chairman or presiding officer at the meeting shall, at the request of any rate payer, require the person whose right of voting is objected to, to make the following declaration:

Form of Declaration required from School Electors.

"I do declare and affirm that I have been rated on the assessment roll of this "school section as a freeholder (or householder, as the case may be) and that I "have paid a public school tax due by me in this school section imposed within "the last twelve months, and that I am legally qualified to vote at this meeting."

Penalty for making False Declaration.

Whereupon the person making such declaration shall be permitted to vote on all questions proposed at such meeting; but if any person refuses to make such declaration his vote shall be rejected; and if any person wilfully makes a false declaration of his right to vote, he shall be guilty of misdemeanor, and upon conviction, upon the complaint of any person, shall be punishable by fine or imprisonment in the manner provided for in the said Upper Canada [Consolidated] Common School Act. [Pages 15, 113.]

Time and hours for School Elections in Rural Sections, Towns, &c.

4. The poll at every election of a school trustee or trustees shall not close before eleven of the clock in the forenoon, and shall not be kept open later than four of the clock in the afternoon; In school sections the poll shall close on the same day the election is commenced; in cities, towns and incorporated villages the same

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