« EelmineJätka »
Union Section may be dissolved by either Township Council.
47. Each township council may, under the restrictions imposed by law in regard to the alteration of school sections,* separate such part of any union school section as is situated within the limits of its jurisdiction, from the union of sections, and may form the part so separated into a distinct school section, or attach it to one or more existing school sections or parts of sections within its jurisdiction, as such council judge expedient.†
Township Clerk to furnish information to Local Superintendent.
48. Each township council shall cause the clerk of the township to furnish the local superintendent of schools with a copy of all the proceedings of the council relating to the formation or alteration of school sections,‡ school assessments, § and other educational matters.
*See note § on page 48.
Township Councils in altering Sections are not required to give notice to parties residing out of their township. What is due notice.
The Court of Queen's Bench has decided the following case:-The municipal council of a township passed a by-law, disuniting a union section with another township, and uniting such part section and two distinct sections in its own township into one, after a petition from certain inhabitants of the section concerned. Held by the Court, that the council was not bound to give notice to the inhabitants of that part of the union section belonging to the other township-it being out of its jurisdiction; but in regard to the parties within its authority, it was required to be satisfied that due notice had been given. It is made the judge of such "due notice." The intention of the [forty-seventh] section of the [Upper Canada Consolidated Common] School Act, is that the township council may pass a by-law for bringing back exclusively to its own jurisdiction, any part of the township united to another; and that it may make what arrangement it thinks most convenient for giving the inhabitants the benefit of the common school laws; but it cannot do so unless it clearly appears that all parties have had due notice.—In re Ness v. Municipality of Saltfleet. 13 Q. B. R. 408.
‡ The form of this notice should be as follows:
Township Clerk's Office,
186. SIR,-In conformity with the forty-eighth section of the Upper Canada Consolidated Common School Act, I have to acquaint you that the Municipal Council of this township has altered school section No.-, in the following manner: [Here insert the changes which have been made and a full description of the new school section. These changes go into effect from and after the twenty-fifth day of next December, according to the fortieth section of the Act.
I am, sir, your obedient servant,
The Local Superintendent of School for the County or Township of
A. B., Township Clerk.
N.B. When the union school section is formed, dissolved, or altered, as autho rized by the fifth section of the School Law Amendment Act of 1860, page 59, and the forty-seventh section of the Upper Canada Consolidated Common School Act, above, the clerk of the township in which the school house of such union section is situated, should communicate the requisite notices to the parties concerned; and alter the township school map, which the forty-ninth section of the Consolidated School Act (page 61) requires him to prepare.
The notices of school assessments, and assessments for the erection and fur nishing of school-houses, for the purchasing of school sites, &c., may be given in
Township Clerk to prepare Maps of School Sections.
49. The township clerk shall prepare in duplicate, a map of the township, shewing the divisions of the township into school sections and parts of union school sections, and shall furnish one copy of such map to the county clerk, for the use of the county council, and he shall retain the other in the township clerk's office, for the use of the township corporation.†
[Township Clerk to make School Returns to County Clerk.‡
[The one hundred and fifty fourth section of the Consolidated Municipal Institutions Act (22 Vict. chap. 55), makes it the duty of the township clerk, in each year, within one week after the first day of January, to make a return to the clerk of the county in which the municipality is situate, of the following particulars respecting his municipality for the year then last past, namely: 24. Total expenditure on account of schools and education, exclusive of school trustees' rates.]
PART III.—DUTIES OF COUNTY MUNICIPAL
To raise equivalent to Legislative School Grant.
50. Each county§ council shall cause to be levied yearly upon the several townships of the county, such sums of money, for the pay
such a manner as the council shall direct. See note to the seventh section of this Act, page 9. For form of deed for a school site, &c., see page 25.
*The word "shall" is here imperative; see note* on page 50.
As the township assessor is required, by the thirty-third section of this Act, to make a correct assessment roll (so far as it relates to each school section) for the use of the trustees, the necessity for this map, which the law makes it the duty of the township clerk to prepare, is the more imperative. See page 49.
For other duties of the township clerk, see the twelfth clause of the twentyseventh section of this Act, pages 36, 37; also the fifteenth clause of the same section, page 38.
§ Townships have no power to levy a school rate for county purposes.
The Court of Queen's Bench has decided as follows:-A township by-law was quashed in so much of it as related to the raising of a sum of money, to defray the demands of the county council on the township, and as an equivalent to the legis lative school grant; it not appearing in the face of the by-law that it was directed to the purpose of meeting a deficiency. It follows therefore that a township council has not power to pass a rate in aid of any county rate as the [Municipal Act] authorizes the county councils to pass by laws to raise money for county purposes, and the township council for township purposes; and the [fortieth] section of the Upper Canada [Consolidated Common] School Act, expressly makes it a duty of county council (and not the township council) to cause to be levied each year upon the several townships of the county, such sums of money as shall at least be equal,
ment of the salaries of legally qualified common school teachers, as at least equal (clear of all charges of collection) the amount of school money apportioned by the Chief Superintendent of Education to the several townships thereof for the year, and notified by him to such council through the county clerk ;*
Such equivalent may be increased for poor Schools, &c. And the sums so levied may be increased at the discretion of the council, either in aid of the county school fund, or on the recommendation of one or more local superintendents, to give special or additional aid to new or needy school sections.
Such County-rate to be collected by 14th December.
51. The sum annually required to be levied in each county, for the salaries of legally qualified teachers, shall be collected and paid into the hands of the county treasurer, on or before the fourteenth day of December in each year;†
Teachers not to be refused payment.
But notwithstanding the non-payment of any part thereof to such treasurer in due time, no teacher shall be refused the payment of the sum to which he may be entitled from such year's county school fund, but the county treasurer shall pay the local superintendent's lawful order in behalf of such teacher, in anticipation of the payment of the county school assessment; and the county council shall
clear of all charges of collection, to the amount of school money apportioned to the several townships out of the government grant.-Fletcher v. Municipality of Euphrasia, &c., 13 Q. B. R. 129.
* In case of refusal on the part of a county council to levy a rate for the sup port of common schools in the county, it is very doubtful whether the courts would interpose, by mandamus, to compel the county to levy and collect the rate. The only penalty attached to such a neglect or omission on the part of the county council (i. e. the withholding of the legislative grant) is contained in the one hundred and twenty-fourth section of the Consolidated School Act.
The great difficulty hitherto experienced in collecting the county school rate in sufficient time to pay the Teacher punctually at the end of the year, might be easily obviated, were the county councils to avail themselves of the provisions of the two hundred and twenty-third and the two hundred and thirty-fifth sections of the Upper Canada Consolidated Municipal Institutions Act, and anticipate the school assessment for one year. The council could, under the authority of the two sections referred to, contract a loan equal in amount to one year's assessment; and then provide for the repayment of such loan by slightly increasing each subsequent year's school assessment, until the whole of the loan and interest would be paid. No doubt the county concerned would heartily concur in such a step in advance, knowing that it would be a yearly boon to the teachers, involving no additional cost to the county.
In case the treasurer refuses to honor the lawful order of the local superintendent, for the school assessment, after the fourteenth of December, he is liable to be sued for the amount of the order dishonored.-See also decision in the Court of Queen's Bench, in note 9 to the thirteenth clause of the seventy-ninth section, page 74.
["shall" is here imperative. See note on page 50] make the neces sary provision to enable the county treasurer to pay the amount of such order.
Council may establish County Library.
52. Each county shall raise by assessment such sums of money as it may judge expedient, for the establishment and maintenance of a county common school library.*
County to appoint Local Superintendents.
53. Each county council shall appoint annually a local superintendentt of schools for the whole county, or for any one or more townships in the county, as it may judge expedient; and shall fix (within the limits prescribed by the eighty-eighth section of this Act) and provide for the salary of such local superintendent.
54. No local superintendent shall have the oversight of more than one hundred schools.
Clerk to report appointments and proceedings to Chief
55. The county clerk shall forthwith notify the Chief Superintendent of Education of the appointment and address of each such local superintendent, and of the county treasurer; and shall likewise furnish him with a copy of all proceedings of the council relating to school assessments and other educational matters. §
To obtain security from all persons entrusted with School
56. Each county council shall see that sufficient security is given by all officers of the council to whom school moneys are to he en
*The Educational Department will grant one hundred per cent. on all remittances sent to it from the county council for the purchase of books not only for a county common school library, but also for a county teachers' association library, or for a county jail library, &c. See departmental notices on this subject at the end.
Local Superintendents remain in office until the first of April next after their appointment. See the eighty-eighth section of this Act. In case of resignation, &c, the Warden may appoint a Superintendent pro tem. See the eighty-ninth section of this Act. No trustee or teacher can be a local superintendent. See the ninetieth section of this Act. For duties of local superintendents, see the ninetyfirst section.
See the ninety-first section of this Act.
§ This information should be promptly transmitted to the Chief Superintendent. See also the fifty-ninth section of this Act, page 70. By the thirteenth section of the Upper Canada Consolidated Municipal Statistical Returns Act, 22 Vict. chap. 83, a penalty of twenty dollars is imposed on clerks of counties for delaying to make the returns required by that law; and the Receiver General is authorized to retain moneys which would otherwise be payable to the municipality. See also the section of the Municipal Institutions Act, quoted on page 61; and also note* to the one hundred and twenty-fourth section of this Act.
trusted, and shall also see that no deduction is made from the school fund by the county treasurer or sub-treasurer for the receipt and payment of school moneys.†
Municipal accountability for School Moneys.
[The Upper Canada Consolidated Assessment Act, (22 Vict. chap. 55,) enacts as follows: 193. Every county and city shall be responsible to Her Majesty, and to all other parties interested, that all moneys coming into the hands of the treasurer or chamberlain of the county or city in virtue of his office, shall be by him duly paid over and accounted for according to law.
Treasurers to be responsible in Counties and Cities.
[194. The treasurer or chamberlain and his sureties shall be responsible and accountable for such moneys in like manner to the county or city, and any bond or security given by them for the duly accounting for and paying over moneys coming into his hands belonging to the county or city, shall be taken to apply to all such [Provincial] moneys as are mentioned in the one hundred and eighty-sixth section, and may be enforced against the treasurer or chamberlain in case of default on his part.
School Moneys may be relained by the Crown.
[195. If the default relates to school moneys or other public moneys of the Province, Her Majesty may enforce the responsibility of the county or city, by stopping or retaining a like amount out of any public moneys which would otherwise be payable to the county or city, or to the treasurer or chamberlain thereof, or by suit or action against the corporation.
Remedy to persons aggrieved by default of Treasurer.
[196. Any person aggrieved by the default of the chamberlain or treasurer, may recover from the corporation of the city or county, the amount due or payable to such person, as money had and received to his use.]
School Sub-Treasurers for Townships may be appointed.
57. If deemed expedient, the county council shall appoint one or more sub-treasurers of school moneys for one or more townships of the county; in which event each such sub-treasurer shall be subject to the same responsibilities and obligations in respect to the accounting for school moneys and the payment of lawful orders for such moneys given by any local superintendent within the parts of the county for which he is appointed sub-treasurer, as are imposed by this Act upon each county treasurer in respect to the paying and account
*The one hundred and thirty-seventh section of this Act, makes the person or persons whose duty it is to take this security, but who neglect to do so, responsible, should any loss accrue to the school fund in consequence. See also the sections of the Consolidated Assessment Act, quoted above.
See the one hundred and twenty-third and the one hundred and twenty-fourth sections of this Act.
See the one hundred and twenty-fourth section of this Act.