ing the annual Legislative Common School Grant, shall be exempt from the payment of all rates imposed for the support of the common schools of such city, town, incorporated village, and school section respectively, and of all rates im posed for the purpose of obtaining such common school grant. Exemption from Common School Rates Conditional. 8. The exemption from the payment of school rates, as herein provided, shall not extend beyond the period during which such persons send children to, or subscribe as aforesaid for the support of such separate school; nor shall such exemption extend to school rates or taxes imposed or to be imposed to pay for school houses, the erection of which was undertaken or entered into before the establishment of such separate school. Not to share in Municipal Assessment. 9. Such separate schools shall not share in any school money raised by local municipal assessment. Share of Legislative School Grant determined. 10. Each such separate school shall share in such Legislative Common School Grant according to the yearly average number of pupils attending such separate school, as compared with the average number of pupils attending the common schools in each such city, town, incorporated village, or township; the mean attendance of pupils for winter and summer being taken. Certificate of Teachers to be signed by Trustees. 11. A certificate of qualification, signed by the majority of the Trustees of such separate school, shall be sufficient for any Teacher of such school. Half yearly returns to be sent to the Local Superintendent. 12. The trustees of each such separate school shall, on or before the thirtieth day of June, and thirty-first day of Deceinber of each year, transmit to the Local Superintendent of schools a correct return of the names of all Protestant or colored persons (as the case may be) who have sent children to, or subscribed as aforesaid for the support of such separate school during the then last preceding six months, and the names of the children sent, and the amount subscribed by them respectively, together with the average attendance of pupils in such separate school dur. ing such period. Local Superintendent to report to Clerk and Trustees. 13. The Local Superintendent shall, upon the receipt of such return, forthwith make a return to the clerk of the municipality and to the Trustees of the common school section or municipality in which such separate school is established, stating the names of all the persons, who, being Protestants or coloured persons (as the case may be), contribute or send children to such separate school. Clerks and Trustees to exempt from Rates supporters of Separate Schools. 14. Except for any rate for building school houses, undertaken before the estab lishment of such separate school, the clerk shall not include in the collector's roll for the general or other school rate, and the trustees or board of trustees shall not include in their school rolls any person whose name appears upon such last mentioned return. Township Clerk to allow use of Assessor's Roll. 15. The clerk or other officer of the municipality within which such separate school is established, having possession of the assessor's or collector's roll of the said municipality, shall allow any one of the said trustees, or their authorized collector, to make a copy of such roll as far as it relates to their school section. Common School Act to apply to Separate Schools. 16. The provisions of the one hundred and thirty-eighth section of the Act respecting Common Schools shall apply to the trustees and teachers of such sepa rate schools. Separate School Trustees to have same power as Common School Trustees. 17. The trustees of each such separate school shall be a body corporate, under the name of the "Trustees of the Separate School of (as the case may be} in the Township, City, or Town, (as the case may be) of and shall have the same power to impose, levy and collect school rates or subscriptions, upon and from persons sending children to or subscribing towards the support of the separate school, as the trustees of a common school section have to impose, levy and collect school rates or subscriptions from persons having property in the section, or sending children to or subscribing towards the support of the common school of such section. PART III.-A SUMMARY DIGEST OF THE SCHOOL CASES DECIDED BY THE SUPERIOR COURTS, DOWN TO 1864, (AND APPENDED AS NOTES THROUGHOUT THE MANUAL.) I. School Meetings. 1. Special Meetings may determine how the school shall be supported. Resolutions passed at the annual meeting may be rescinded at a special meeting. Wilson v. Thompson. 9 C. P. R. 364.... II. Separate Schools. 2. Separate Schools-Protestants cannot be supporters of Roman Catholic Separate Schools. In the matter of Ridsdale and Brush, Clerk of the Corporation of the Town of Amherstburgh. 22 Q. B. R. 122. III. School Corporations. 3. Corporation members-A corporation aggregate is not bound to appear as witnesses in court, but its individual members may be subpoenaed. Trustees No. 2, Dunwich, v. McBeath. 4 C. P. R. 228.. 4. Order on Treasurer-Circulation of school orders on Treasurer, an act of banking contrary to law. Chief Justice Draper, in re Munson v. The Municipality of Collingwood. 9 C. P. R. 497... 5. Corporation majority-Two school trustees can enter into a contract against the wishes of the third. Forbes v. Trustees, No. 8, Plympton. 8 C. P. R. 74. PAGE 13 15 19 19 20 6. Corporation minority-But two trustees cannot act without consulting a third. Orr v. Ranney et al. No. 15, Westminster. 12 Q. B. R. 377.... 21 7. Corporation notice-A trustee, when sued for corporate act, entitled to notice of action. Spry v. Mumby et al. No. 15, Rawdon. 11 C. P. R. 285. 21 7. Trustees embezzlement-A trustee, not being secretary-treasurer, cannot receive or retain school moneys. Ferris v. Irwin, No. 16, Darlington. 10 C. P. R. 116... IV. School Collectors. 8. Collectors' sureties not responsible for uncollected rates, nor for collector's default, unless they so bind themselves. Trustees, No. 6, York v. William Hunter et al. 10 C. P. R. 359... 22 28 9. Note of hand no legal payment of school rate. Spry v. McKenzie. 18 Q. B. R. 161.. 10. Collecting overdue rates-Time for collecting school rates may be extended -duration of collector's authority. Newberry v. Stephens et al. City of Kingston. 16 Q. B. R. 65... 11. Collecting back taxes-Trustees have the right to collect school taxes after 13. Trustees can tax for new school house-Trustees can levy a rate for the 14. School Trustee contracts not valid without their corporate seal. Marshall 17. Trespass on school house-The trustees, (and not the teacher,) the pro- 18. Agreement with Teacher-A Local Superintendent signing an agreement 21. Master and Servant Act-Trustee and teacher are not master and ser- 22. Unqualified Teacher-No rate can be imposed for the payment of an unqualified teacher. Chief Superintendent of Education, appellant, from the Judge of the Division Court of the Counties of Lincoln and Welland, in re. Stark v. Montague et al. 14 Q. B. R. 473.. VII. School Rates. 24. Trustees taxing power-Expenses of the school must be defrayed by the authority of the trustees, in the manner provided by law, and not by the inhabitants themselves. McMillan v. Rankin et al., No. 14, Kingston. 19 Q. B. R. 356 PAGE 23 24 24 24 28 29 29 29 30 32 32 32 32 32' 33 25. Rates for Law Costs.-No rate can be imposed by trustees for the reimbursement of costs in defending illegal acts. Chief Superintendent of Education, appellant in re Stark v. Montague. 14 Q. B. R. 474 .... 26. Tax upon parents unlawful—School tax upon parents and guardians unlawful. Craig v. Rankin et al. No. 14, Kingston. 10 C. P. R. 186..... 34 PAGE 27. Trustees' warrants-Form of, and number of, signatures necessary to trustees' warrants. Gillies v. Wood, No. 6, Filkington. 13 Q. B, R. 357. 34 28. Residents and non residents' ra es-Mode of collecting school rates from residents and non-residents determined. Chief Superintendent of Education, appellant, from Judge of the Division Court of the County of Lambton, in re Trustees, 2 Moore v. Wm. McRae. 12 Q. B. R. 525 29. Trustees' warrants to collect school rates only legal within their own section. They must sue non residents. Gillies v. Wood, No. 6, Pilking ton. 13 Q. B. R. 357. 30. Executors' liability for taxes- Executors, equally with the testator, liable for school rate on non resident land. Trustees, No. 2, Dunwich v. MeBeath. 4 C. P. R. 228.. 81. Devisees and executors' liability for taxes-Testator's estate liable for school rate in the hands of devisees and executors. Applegarth et al. v. Graham, No. 3, Flamborough East. 7 C. P. R. 171.... 32. Assessment Roll-Mandamus against Clerk of a Township to permit Trustees to examine the Assessment Roll. In re Trustees of Union School Section Nos. 15. Otonabee, 10 Douro, and 11 Asphodel v. Case ment. 17 Q. B. R. 275 VIII. Coloured Separate Schools. 33. Coloured Children-Right of coloured children to attend School. Washington v. Trustees No. 14 Charlotteville. 11 Q. B. R. 569, Also in re Denis Hill v. Trustees Camden and Zone. 11 Q. B. R. 573.. 34. Uncertain Boundaries of School Sections for Coloured People unlawful. In the matter of Simmons and the Corporation of the Township of Chatham. 21 Q. B. R. 75..... IX. Trustees' Liability. 35. Trustees' Personal Liability on neglect or refusal to exercise their corpor- 36. Neglect of Trustees to exercise their Corporate powers must be proved before remedy is applied. Kennedy v. Hall et al. No. 5 Oneida. 7 C. P. R. 218... 34 34 37 37 888 38 39 39 41 41 37. Trustees' Personal Liability. Cases in which personal liability of Trustees arises. Vanburen v. Bull et al. No. 2, Rawdon. 19 Q. B. R. 633.... 42 X. School-sites. 38. School-site-In selecting a site, Trustees cannot act without consulting their constituents-Orr v. Ranney et al. No. 15, Westminster. 12 Q. B. R. 377. Also in re John Sweetman et al. No. 10, Toronto, Chancery R. 45 39. Arbitration may be superseded-Arbitration, before award made, may be superseded by mutual concurrence. Chief Justice Robinson, in re Vance v. King, et al. No. 1, Hallowell. 21 Q. B. R. 187. 40. School-site arbitration-First arbitration in regard to a school-site cannot be set aside by a subsequent special meeting. Williams v. Trustees No. 8, Plympton. 7 C. P. R. 559... 45 45 46 41. School-site, invalid award-In an arbitration in regard to school site the blanks were filled in after execution. Award rendered invalid thereby. Ryland v. King et al. No. 1, Hallowell. 12 C. P. R. 198. 42. School-site, invalid award-A similar case decided by the Court of Queen's Bench. Vance v. King et al. No. 1, Hallowell. 21 Q. B R. 187 46 XI. Levying Rates. 43. Undivided Lot-An "undivided lot" must be in the same MunicipalityMunicipal boundaries divide lots. Chief Superintendent of Education, appellant from the Judge of the Division Court, County of Prince Edward, in re Trustees, No. 4, Hallowell v. Storm. 14 Q. B. R. 541..... 44. Levying rate; condition-In replevy, the defendant must shew that the consent of a public meeting to the rate was obtained, if required by law, Haacke v. Marr, School Section No. 11, Markham. 8 C. P. R. 441.... 45. School Trustees' order necessary for school money collected by Township before an action for refusal can be sustained. Trustees No. 3, Caledon v. Corporation of the Township of Caledon. 12 C. P. R. 301.. 46. Desire of Rate-payers-How the desire of the Ratepayers to levy rate must be expressed. By-law to levy rate for School house. In re. Taber and the Township of Scarborough. 20 Q. B. R. 549.. 47. School System maintained-Township Council cannot interfere with the established School System. 18 Q. B. R. 227 48. School rates levied equally-School Rates must be levied equally on all taxable property. In re de la Haye v. Municipality of the Gore of Toronto. 2 C. P. R. 317... PAGE 49. Rate of Interest-Maximum rate of interest payable by Municipal Councils determined. Wilson v. Municipality of the County of Elgin. Q. B. R. 218.. 13 53 50. Rate to pay Loan-Authority of Township Council to raise a rate to pay off a Loan for School Section purposes sustained. In re de la Haye v. Municipality of Toronto. 3 C. P. R. 23.. XII. School Section Alterations. 51. School Section Alteration, Notice-Notice of alteration is necessary before forming or altering School Section. Shaw et al. and the Corporation of the Township of Manvers. 19 Q. B. R. 288.. 17 52. School Section Boundaries-Boundaries of new or altered sections must be defined with certainty. Haacke v. the Municipality of Markham. Q. B. R. 562 53. School Section Alteration, Notice v. Consent-Notice only, and not consent necessary in altering School Sections. Chief Superintendent of Education. Appellant, in re Trustees No. 2, Moore v. Wm. McRae. 12 Q. B. R. 525.... 84. Dividing a School Section makes only one new section-Chief Superintendent of Education, appellant, from the Judge of the Division Court of the County of Haldimand, in re Trustees No. 7, Oneida, Gill & Jackson et al. 14 Q. B. R. 119 .... 55. Notice preceding alteration-Notice should be given to before the alter. ation of School Section be made-Griffiths v. Municipality of Grantham. 6 C. P. R. 274.. 56. Preliminaries in Section alteration-Preliminaries to be observed in forming or altering School Section-Chief Justice Robinson; in re Ness v. Saltfleet Municipality. 13 Q. B. R. 408 57. Quashing By-Laws making alteration-By-Laws for the alteration of School Sections can only be quashed within a reasonable time-Hill v. Municipality of Tecumseth. 6 C. P. R. 297.. 58. Time of alteration taking effect-Time when alteration in School Section takes effect-Sufficient notice must appear-In re Isaac and the Munici. pality of Euphrasia. 17 Q. B. R. 205.. 59. County Council alteration illegal-Alteration of school section by County Council illegal-McFee vs. Dunbar. 10 C. P. R. 94 57 60. Township Council alteration of Union Section illegal-Township Councils cannot alter Union School Sections-By-Law, to levy School Rate after alteration, also bad-Hart and the Municipality of Vespra and Sunnidale. 16 Q. B. R. 32 57 |