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time shall be allowed for the election of school trustees which is allowed for the election of municipal councillors in such municipalities.
Formation of Union School Sections in Townships, Towns, &c.
5. The forty-fifth and forty-sixth sections of the said Upper Canada [Consolidated] Common School Act, shall be amended so as to read as follows: "Under the conditions prescribed in the fortieth section in respect to alteration of other school sections, union school sections, consisting of parts of two or more townships or parts of a township and any town or incorporated village, may be formed and altered by the reeves and local superintendent or superintendents of the townships out of parts of which such sections are proposed to be formed,—or in a case of a union section of parts of a township or townships and a town or incorporated village, by the reeve and local superintendent of the township, and the board of common school trustees of the town or village, at a meeting appointed for that purpose by any two of such reeves, or by the board of common school trustees of such town or village, of which meeting the other parties authorized to act with them shall be duly notified;
Effect of such union in Township, Town, or Village.
And each union school section, composed of portions of adjoining townships or portions of a township or townships and a town or incorporated village, shall, for the purposes of the election of trustees under their control be deemed one school section, and shall be considered in respect to superintendence and taxation for the erection of a school house, as belonging to the township, town or village in which the same is situated."
Certain Trustee Contracts unlawful.
6. It shall not be lawful for any common school trustee to enter into a contract with the corporation of which he is a member or have any pecuniary claim on such corporation, except for a school site, or as collector of school rates, and then only when he shall be appointed and the warrant to him signed by the other two members of the corporation, with the seal of the same.
Proceedings of School Corporation not valid unless adopted at regular Trustee Meetings.
7. No Act or proceeding of a school corporation shall be deemed valid or binding on any party which is not adopted at a regular or special meeting, of which notice shall be given by the secretary to all the trustees by notifying them personally or by sending a written notice to their residences, and the proceedings of such trustee meetings shall be entered in a book of the corporation kept for that purpose, and signed by the senior or presiding trustee; Provided always, that a majority of the trustees, at a meeting thus called, shall have full authority to perform any lawful business.
Annual Appointment of Auditors of School Section Accounts.
8. In order that there may be accuracy and satisfaction in regard to the school accounts of school sections, the majority of the freeholders and householders present at the annual school meeting shall appoint a fit and proper person to be auditor of the school accounts of the section for the then current year, and the trustees shall before the first day of December in each year, appoint another auditor; and the auditors thus chosen or either of them shall forthwith appoint a time before the day of the next ensuing annual school meeting for examining the accounts of the school section;
Trustees to submit their School Accounts to the Auditors.
And it shall be the duty of the trustees or their secretary-treasurer in their behalf to lay all their accounts before the auditors or either of them together with the agreements, vouchers, &c., in their possession, and to afford to the auditors or either of them all the information in their power as to their receipts and expenditures of school moneys in behalf of their school section;
Powers and duties of School Section Auditors, &c.
And it shall be the duty of the auditors to examine into and decide upon the accuracy of the accounts of such section and whether the trustees have truly accounted for and expended for school purposes the moneys received by them, and to submit the said accounts with a full report thereon at the next annual school meeting; and if the auditors or either of them object to the lawfulness of any expenditures made by the trustees, they shall submit the matters in difference to such meeting, which may either determine the same or submit them to the Chief Superintendent of Education, whose decision shall be final, and the auditors shall remain in office until their audit is completed; the auditors or either of them shall have the same authority to call for persons and papers and require evidence on oath and to enforce their decisions as have arbitrators appointed under the authority of the eighty fourth, eighty-fifth, and eighty-sixth sections of the said Upper Canada [Consolidated] Common School Act [pages 80, 81]; and it shall be their duty or that of either of them to report the result of their examination of the accounts of the year to the annual school meeting next after their appointment, when the annual report of the trustees shall be presented, and the vacancy or vacancies in the trustee corporation be filled up, as provided by the law.
Remedy in case the Trustees fail to call the Meeting for Auditors.
And if the trustees omit to call such public meeting by notice issued not later than the twenty second day of December, the same may be called by any two qualified electors, and if the trustees neglect to appoint an auditor or appoint one who refuses to act, the local superintendent shall appoint one for them;
Penalty on Trustees refusing information, &c., to Auditors.
And if the Trustees, or their Secretary in their behalf, refuse to furnish the Autors or either of them with the papers or information in their power and which may be required of them relative to their school accounts, the party refusing shall be guilty of a misdemeanor, and upon prosecution by either of the auditors or any ratepayer, be punished by fine or imprisonment, as provided by the one hundred and fortieth section of the said Upper Canada [Consolidated] Common School Act [page 113];
Accounts of 1860 to be audited in this manner:
Provided that the auditors, appointed for the year one thousand eight hundred and sixty-one, shall also audit the accounts for the year one thousand eight hundred and sixty.
Penalty on Trustees refusing to comply with the award of the Arbitrators.
9. If the trustees wilfully refuse or neglect for one month after publication of award, to comply with or give effect to an award of arbitrators appointed as provided by the eighty-fourth section of the said Upper Canada [Consolidated] Common School Act [page 80], the trustees so refusing or neglecting shall be held to be personally responsible for the amount of such award, which may be enforced against them individually by warrant of such arbitrators within one month after publication of their award; and no want of form shall invalidate the award or proceedings of arbitrators under the School Acts.
School Trustees may dispose of school sites not required.
10. It shall be lawful for any school trustee corporation to dispose by sale or otherwise of any school site or school property not required by them in conse. quence of a change of school site, and to convey the same under their corporate seal and to apply the proceeds thereof for their lawful school purposes; and all sites and other property given or acquired, or which may be given or acquired for common school purposes, shall vest absolutely in the trustee corporation for this
United Board of Grammar and Common School Trustees to have the same power to sell School Property.
And in like manner and for like purpose, it shall be lawful for any united board of grammar and common school trustees to dispose by sale or otherwise of any school site or school property, belonging to the united board, or to the grammar school or common school trustees respectively.
Who shall be disqualified to act as School Trustee-Absence.
11. No person shall be eligible to be elected or serve as school trustee who is not a resident assessed freeholder or householder in the school section for which he is elected ;-nor shall any teacher, or local superintendent, hold the office of trustee; and a continuous non-residence of six months from his school section by any trustee shall cause the vacation of his office.
Agreements with Teachers must be in writing, and under seal.
12. All agreements between trustees and teachers to be valid and binding shall be in writing, signed by the parties thereto, and sealed with the corporate seal, and may lawfully include any stipulation to provide the teacher with board and lodging.
Local Superintendent to decide complaints relating to School Elections.
13. It shall be the duty of a local superintendent of schools to receive, investi gate and decide upon any complaints which may be made in regard to the elec tion of school trustees or in regard to any proceedings at school meetings; Provided always, that no complaint, in regard to any election or proceeding at a school meeting, shall be entertained unless made in writing, within twenty days after the holding of suck election or meeting.
Chief Superintendent to decide all Complaints, Appeals, and other questions not otherwise provided for.
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.
Special Allowance to Local Superintendents and Arbitrators.
15. Arbitrators appointed under the authority of the School Acts, and local superintendents er gaged in investigating and deciding upon school complaints and disputes, shall be entitled to the same remuneration per diem for the time thus employed as are members of the municipal council of their county for their attendance at council meetings;
Proviso. Who shall pay Arbitrators' Expenses.
Provided always, that the parties concerned in such disputes shall pay all the expenses incurred in them, according to the award or decision of the arbitrators and local superintendents respectively.
Meetings of, and Allowance to, Members of the County Board of Public Instruction-Provision for expenses.
16. Each County or Circuit Board of Public Instruction shall meet half yearly and each of its members shall be entitled to the same recompense for his time and expenses as are members of the county corporation for their attendance at county council meetings; and the incidental expenses, attending the meeting of such county or circuit board, shall include the recompense to its members, the stationery, room, fuel, light, printing of notices, examination papers and certifi cates, and such remuneration to the secretary of such board as the board may deem just and expedient.
Every Saturday to be a Holiday.
17. Every Saturday shall be a holiday in all the public schools.
School Trustees must make a Declaration of Office, or be fined.
18. Every person elected as trustee, and who is eligible and liable to serve as such, shall make the following declaration of olice before the chairman of the school meeting:
I will truly and faithfully, to the best of my judgment and ability, discharge "the duties of the office of school trustee to which have been elected."
Fine for default or in case of neglect.
And if any person elected as trustee shall not make such a declaration within two weeks after notice of his election, his neglect to do so shall be sufficient evidence of his refusing to serve and of his liability to pay the fine as provided for in the twenty-third section of the said Upper Canada [Consolidated] Common School Act. [Page 18.]
Fine on Chairman of School Meeting for not transmitting Proceedings to the Local Superintendent.
19. Any chairman who neglects to transmit to the local superintendent a copy of the proceedings of an annual or other school section meeting over which he may preside, within ten days after the holding of such meeting, shall be liable, on the complaint of any rate payer, to a fine of not more than five dollars, to be recovered as provided in the one hundred and fortieth section of the Upper Canada [Consolidated] Common School Act aforesaid. [Page 113.]
Trustees not liable for acting under a Municipal By-law, &c.
20. Trustees shall not be liable to any prosecution, or the payment of any damages for acting under any by-law of a municipal council before it has been quashed.
Powers and Liabilities of Collectors of School Rates.
21. Collectors of school rates shall have the same powers, and be under the same liability and obligations in their respective school municipalities as township collectors have and are liable to in their respective municipalities, and shall give such security as may be satisfactory to the trustees.
Local Superintendent may suspend a Teacher's Provincial Certificate.
22. A local superintendent shall have the same authority to suspend for the time being a Provincial Certificate of teacher's qualifications, and report the same forthwith to the Chief Superintendent, as he has to suspend a County Certificate, notifying in writing to the teacher, whose certificate is suspended, the reasons of it; and the Chief Superintendent shall finally decide upon the case.
Chief Superintendent may refer certain questions to the Superior Courts.
23. It shall be competeut 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.
Enactments inconsistent with this Act repealed.
24. So much of the said Upper Canada [Consolidated] Common School Act as is inconsistent with the provisions of this Act, is hereby repealed;
The Ninety-Fifth Section of the Upper Canada Consolidated Common School Act amended.
And in the second line of the ninety fifth section of the said Upper Canada Common School Act, the phrase "The County Council shall divide" shall read "The County Council shall have authority to divide," &c.
PART IL-AN ACT RESPECTING PROTESTANT AND COLOURED SEPARATE SCHOOLS.
[Upper Canada Consolidated Statutes, 22 Vict. chap. 65.]
HER MAJESTY, by and with the advice and consent of the Legislative Council and Assembly of Canada enacts as follows:
Conditions on which Separate Schools for Protestants or Coloured People may be established.-Limits.
1. Upon the application in writing of twelve or more heads of families resident in any township, city, town or incorporated village, being Protestants, the Municipal Council of the said township, or the board of school trustees of any such city, town, or Incorporated village, shall authorize the establishment therein of one or more separate schools for Protestants; and upon the application in writing of twelve or more heads of families resident in any township, city, town, or incorporated village, being coloured people, the council of such township, or the board of school trustees of any such city, town, or incorporated village, shall authorize the establishment therein, of one or more separate schools for coloured people, and in every such case, such council or board, as the case may be, shall prescribe the limits of the section or sections of such schools.
Three Trustees, Election same as in Common School.
2. There shall be three trustees for each separate school, and the first meeting for the election of such trustees, shall be held and conducted in the manner, and according to the rules provided in the sixth to the eleventh sections of the Act respecting common schools for holding the first school meeting in a new school section.
Commencement of Separate School, and Regulations.
3. Each such separate school shall go into operation at the same time as is provided in the case of altered school sections of Common Schools, and shall, with respect to the persons for whom any school has been established, be under the same regulations as Common Schools generally.
Separate School Voters defined.
4. None but coloured people shall vote at the election of trustees of any separate school established for coloured people and none but the parties petitioning for the establishment of, or sending children to a separate Protestant school, shall vote at the election of Trustees of such school.
Union of Wards in Cities and Towns.
5. In any city or town the persons who makę application, according to the provisions of the first section of this Act, may have a separate school in each ward, or in two or more wards united, as the said persons may judge expedient.
6. No Protestant separate school shall be allowed in any school section, except where the teacher of the common school in such section is a Roman Catholic.
Exemption from Common School Rates.
7. In all cities, towns, incorporated villages, and township common school sections in which such separate schools exist, each Protestant or coloured person, (as the case may be) sending children to any such school or supporting the same by subscribing thereto annually an amount equal to the sum at which such person, if such separate school did not exist, must have been rated in order to the obtain