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61. By Laws taking effect-Quashing-The Act determines when by law takes effect-Lapse of Time-Quashing-Cotter v. Municipality of Darlington. 11 C. P. R. 265..


62. United Sections; new Election necessary—If two Sections be united, in rearranging the school sections of a township, an election of three trustees is necessary-MacGregor vs. Pratt, No. 1, Harwich, 6 C.P.R. 173...... 57 63. Union of Sections into one-Goes into effect immediately. Chief Superintendent, appellant, in re Trustees No. 2 Moore v. William McRae. 12 Q. B. R. 525

64. Union Section alteration-Formation and alteration of Union School Sections can only be made by Reeves and Local Superintendents—In re Ley vs. Municipality of Clarke. 13 Q. B. R. 433...

65. Notice outside Section unnecessary-Township Councils in altering Sections are not required to give notice to parties residing out of their township-What is due notice-In re Ness v. Municipality of Saltfleet. 13 Q. B. R. 408...

66. Township v. County Council-Townships have no power to levy a school rate for County purposes-Fletcher v. Municipality of Euphrasia, &c. 13. Q. B. R. 129

71. Council must raise amount required-City and Town Councils required to raise the amount desired by the Board of School Trustees. School Trustees of the city of Toronto v. the Corporation of the City. 23 Q. B. R. 203.

72. Rate Payers' vote unnecessary-A vote of the rate payers not necessary in Cities, Towns, and Villages, as in School Sections. In re Board of School Trustees v. Municipality of Port Hope. 4 C. P. R. 418 73 Ward Assessments illegal-Ward School Assessments of a City or Town illegal In re Scott v. Municipality of Ottawa. 13 Q. B. R. 346 .... 74. Order on Treasurer necessary—An order on the Treasurer must precede an application for Writ of Mandamus to compel payment. In re Board of School Trustees v. Municipality of Galt. 13 Q B. R. 511 75. Demand and refusal must be shown before mandamus would issue against a City or Town Council to levy a School Rate. School Trustees of Collingwood v. Municipality of Collingwood. 17 Q B. R. 133 76. Liability of Treasurer-Treasurer must honour Trustees' Orders for School

Moneys. Quin v. Trustees No. 4, Seymour. 7 Q B. R. 130 77. Right of Action against a city or town council does not belong to the teacher. Smith v. The Corporation of the Village of Collingwood. 19 Q. B. R. 259...


XIV. School Teachers-Arbitration. 78. Privileged communication-Representation as to the character of a teacher by a ratepayer, with a view to obtain redress, is a privileged communication, McIntyre v. McBean et al. 13 Q B. R. 534..



XIII. Cities, Towns, and Villages.

67. Schools Unlimited-Unlimited discretion as to the number of schoolsBoard of School Trustees v. Municipality of Brockville. 9 Q. B. R. 302 71 68. Part payment—a recognition of Estimate-Payment by the Town Counci of a part of the Trustees' estimate, a recognition of the whole. In re Board of School Trustees v. Municipality of Brockville. 9 Q. B. R. 302 .... 69. A Resolution is not an Estimate-A resolution of a Board of School Trustees is not the estimate required by law. In re Board of School Trustees v. Municipality of Port Hope. 4 C. P. R. 418...

70. Council must act on Trustees' Estimate-A city council has no discretion as to raising the sum required by the Board of School Trustees. School Trustees of the city of Toronto v. the Corporation of the City. 20 Q. B. R. 302






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79. Arbitration the only mode of settlement-Arbitration is the only mode of settling disputes between trustees and teacher. Tiernan v. Trustees, No. - Nepean 14 Q. B R. 15.....

80. No appeal from arbitrators-No appeal from decision of an arbitration, held by order of County Judge, between trustee and teacher. The Chief Superintendent of Education, appellant, from Judge of the Division Court of the Counties of York and Peel, in re Milne v. Sylvester et al., U. S. Section, No. 2, Whitchurch and No. 7, Markham. 18 Q. B. R. 538 81. The arbitrator's award is final as to teacher's claim for farther salary. Kennedy v. Burness et al. 15 Q. B. R. 473: also Murray v. Burness et al. 7 C. P. R. 227..


82. Arbitrator's warrant for neglect-Arbitrator's warrant against trustees must be for wilful neglect. Weaver v. Bull et al., No. 2, Rawdon. 10 C. P. R. 369.....

83. Wilful neglect of Trustees to give effect to award must be adjudicated upon. Ranny v. Macklem et al. 9 C. P. R. 192...

84. Mandamus against Trustees to enforce award not the proper remedy. O'Leary v. Trustees, No. 2, Blandford. 19 Q. B. R. 556...

XV. Miscellaneous.

85. Power of the Chief Superintendent to decide complaints. In re Separate School Trustees v. Common School Trustees, Town of Belleville. 10 Q. B. R. 472..

87. Mandamus and other remedy-Mandamus not granted when other remedy can be had. School Trustees, No. 7, Elzevir v. The Municipality of Elzevir. 12 C. P. R. 548.




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86. 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. School Trustees, No. 1, Arthur v. Township Council of Arthur and Luther. 9. C. P. R. 532..

... 110



88. Jurisdiction of a County Judge in the case of a secretary-treasurer. Ferris v. Chesterfield et al., No. 16, Darlington. 10 C. P. R. 272....... ... 111


Authority to prescribe these Forms and Regulations.

1. The Council of Public Instruction for Upper Canada is required by the fourth clause of the one hundred and nineteenth section of the Upper Canada Consolidated Common School Act, "To make such regulations, from time to time, as it deems expedient, for the organization, government and discipline of common schools, for the classification of schools and teachers and for school libraries throughout Upper Canada." The sixth clause of the same section requires the Council "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. See pages 105, 106.

2. The Chief Superintendent of Education for Upper Canada is required by the fifth clause of the one hundred and sixth section of the same Act, "To prepare

suitable forms and to give such instructions as he may judge necessary and proper, for making all reports, and conducting all proceedings under this Act."

Duties of all parties concerned to observe these Regulations.

1. The Common School Trustees in rural sections are required, by the seventeenth clause of the twenty-seventh section of the Upper Canada Consolidated Common School Act, "To visit, from time to time, each school under their charge, and see that it is conducted according to the authorized regulations." See page 39.

2. The Common School Trustees in cities, towns and incorporated villages, are required, by the sixteenth clause of the seventy-ninth section of the same Act, "To see that all the schools under their charge are conducted according to the authorized regulations." See page 75.

3. Common School Teachers are required by the third clause of the eighty-second section of the same Act, "To maintain proper order and discipline in their schools according to the authorized forms and regulations." The first clause of the same section further requires teachers "To teach *** all the branches required to be taught in the school * * according to the provisions of this Act." See pages 76, 78.


4. Local Superintendents of schools in rural sections are required, by the sixth clause of the ninety-first section of the same Act, "To see that all the schools are managed and conducted according to law" The eleventh clause of the same section also requires him "To act in accordance with the regulations and instructions provided for his guidance." See pages 88, 90.

5. County or Circuit Boards of Public Instruction are required, by the fourth clause of the ninety-eighth section of the same Act, "To examine and give certificates of qualification to teachers of common schools ** as prescribed in a programme of examination and instructions provided for that purpose." See page 93.

6. Superannuated Common School Teachers in Upper Canada, as per clause six of the one hundred and nineteenth section of the Act, page 106, and the regulations on pages 158, 159.

7. The Roman Catholic Separate School Act declares that, "The Roman Catholic Separate Schools shall be subject to such regulations as may be imposed, from time to time, by the Council of Public Instruction for Upper Canada."

1. Hours of Daily Teaching, Holidays, and Vacations.*

1. The hours of teaching each day shall not exceed six, exclusive of all the time allowed at noon for recreation. Nevertheless, a less number of hours for daily teaching may be determined upon in any school, at the option of the trus


2. Good Friday, and every Saturday shall be a holiday as directed by the statute.

3. There shall be two vacations in each year; the first, or summer vacation, shall continue for two weeks from the first Monday in August; the second, for eight days, at Christmas.

NOTK-In cities, towns, and incorporated villages, the summer vacation shall continue four weeks, from the first Monday in August.

*The number of teaching days in the rural common and separate schools, in each month of 1864, (Leap Year), omitting the allowed holidays and vacations, is as follows:

(First half of the year.)

(Second half of the year.)




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August (cities, towns, &c., 2).......




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4. All agreements between trustees and teachers shall be subject to the foregoing regulations; and no teacher shall be deprived of any part of his salary on account of observing allowed holidays and vacations.†

5. Union grammar and common schools are subject to the regulations affecting holidays and vacations in grammar schools:

6. In order to enable the Educational Department to make an equitable apportionment to Roman Catholic Separate Schools in cities, towns, and villages where union Grammar and Common Schools exist, it is necessary that both the Common and Separate Schools should observe the regulations affecting holidays and vacations in grammar schools, as follows:

Terms, Vacations, Daily Exercises, and Holidays in the Grammar Schools of Upper Canada.

1. There shall be four terms each year, to be designated the winter, spring, summer and autumn terms. The winter term shall begin the seventh of January, and end the Tuesday next before Easter; the spring term shall begin the Wednes day after Easter, and close the last Friday in June; the summer term shall begin the second Monday in August, and end the Friday next before the fifteenth of October; the autumn term shall begin the Monday following the close of the summer term, and shall end the twenty-second of December.

2. The exercises of the day shall not commence later than nine o'clock a.m., and shall not exceed six hours in duration, exclusive of all the time allowed at noon for recreation, and of not more than ten minutes during each forenoon and each afternoon. Nevertheless, a less number of hours of daily teaching may be deter mined upon in any grammar school, at the option of the board of trustees.

3. Every Saturday shall be a holiday; or, if preferred by the board of trustees and head master of any grammar school, the afternoons of Wednesday and Saturday in each week shall be half holidays. All days declared by law to be public holidays, shall be holidays in each grammar school.

4. The public half-yearly examinations required to be held in each grammar school, [by the eighth clause of the twenty fifth section of the Upper Canada Consolidated Grammar School Act, 22 Vict., ch. 63], shall take place, the one immediately before the Christmas holidays, and the other immediately before the summer vacation.

Adopted by the Council of Public Instruction for Upper Canada, on the twentysixth day of December, 1854.

Approved by the Governor General in Council as intimated to the Chief Superintendent of Education, on the fifteenth day of February, 1855.

+ No deduction whatever can be lawfully made from any teacher's salary for any allowed holidays or vacations: or for the exemption of payment of rates by indigent persons, authorized by law. See page 31.

(1) This regulation applies to union grammar and common schools, as the law provides for the union of common schools with grammar schools-not the union of the latter with the former. In all cases, therefore, in which common schools are united with the grammar schools, the union schools are subjected to the regulations which are here prescribed in respect to grammar schools.

(2) It should be observed, that the twenty-fourth and twenty-fifth sections of the Upper Canada Consolidated Grammar School Act, empower Boards of Trustees to prescribe any duties, or make regulations, in connection with their respective schools, which are not pro vided for by, or are not inconsistent with, the general regulations préscribed by the Council of Public Instruction, and approved of by the Governor General in Council.

Number of teaching days in County Grammar Schools, in 1864-Leap Year:




20 November.





March as Easter is movable, these

will vary.

April }











2. Religious and Moral Instruction.

As Christianity is the basis of our whole system of elementary education, that principle should pervade it throughout. The Upper Canada Consolidated Common School Act, sec. 129, securing individual rights, as well as recognizing Christianity, provides that in any model or common school established under this act, "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 or guardians desire, according to any general regulations provided for the government of common schools." Page 111.

In the section of the Act thus quoted, the principle of religious instruction in the schools is recognized, the restrictions with which it is to be given are stated, and the exclusive right of each parent and guardian on the subject is secured.







The common school being a day and not a boarding school, rules arising from domestic relations and duties are not required, and as the pupils are under the care of their parents and guardians on Sabbaths, no regulations are called for in respect to their attendance at public worship.

Forms of Praper


Let us Pray.

3. Opening and Closing Exercises of each Day.

Minute adopted by the Council of Public Instruction, 13th February, 1855. The following regulations in regard to the opening and closing exercises of the day, apply to all Common Schools in Upper Canada:

With a view to secure the Divine blessing, and to impress upon the pupils the importance of religious duties, and their entire dependence on their Maker, the Council of Public Instruction recommends that the daily exercises of each common school be opened and closed by reading a portion of Scripture and by Prayer. The Lord's Prayer alone, or the Forms of Prayer hereto annexed, may be used, or any other prayer preferred by the trustees and master of each school. But the Lord's Prayer should form part of the opening exercises, and the Ten Commandments be taught to all the pupils, and be repeated at least once a week. But no pupil should be compelled to be present at these exercises against the wish of his parent or guardian, expressed in writing to the master of the school.

O Lord, our Heavenly Father, Almighty and Everlasting God, Who hast safely brought us to the beginning of this day, defend us in the same by Thy mighty power; and grant that this day we fall into no sin, neither run into any kind of danger, but that all our doings may be ordered by Thy governance, to do always that is righteous in thy sight, through Jesus Christ our Lord. Amen.

O Almighty God, the Giver of every good and perfect gift, the Fountain of all wisdom, enlighten, we beseech Thee, our understandings by Thy Holy Spirit, and grant, that, whilst with all diligence and sincerity we apply ourselves to the attainment of human knowledge, we fail not constantly to strive after that wis dom which maketh wise unto salvation; that so through Thy mercy we may daily


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