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ing for school moneys.* [i.e. By the fifty-first section on page 67, and the following fifty-eighth section of this Act.]
Auditors of School Moneys to be appointed.
58. Each county council shall annually, or oftener, appoint auditors, who shall audit the accounts of the county treasurer and other officers to whom school moneys have been entrusted, and who shall report to such council.
Clork to transmit audited Accounts to Chief Superintendent.t
59. The county clerk shall transmit to the Chief Superintendent of Education, on or before the first day of March in each year, a certified copy of the abstract of the report of the auditors, and shall also give any explanation relating thereto, as far as he is able, which may be required by the Chief Superintendent.‡
PART VI. THE CONSOLIDATED COMMON SCHOOL
ACT, RELATING TO CITIES, TOWNS, AND INCORPORATED VILLAGES.
Powers of Councils, in Cities, Towns and Villages.
60. The municipal council of each city, town, and village in Upper Canada is hereby invested, within its limits, with the same powers and shall be subject to the same obligations as the municipal council of each county and township by the thirty-fourth, thirty-fifth, and the fiftieth, fifty-first, fifty-fifth, fifty-sixth, fifty-eighth, and fifth-ninth sections of this Act, pages 50, 52, 61, 62, 63, and 65.
Board to appoint Local Superintendent.
61. The Board of School Trustees for every such city, town, and village respectively, shall appoint the local superintendent of schools for the city, town, and village. [See the eighth clause (c) of the seventy-ninth section of this Act, page 71].
* See the one hundred and thirty-seventh section of this Act.
See also the fifty-fifth section of this Act, page 63.
Printed forms for this abstract, and also for the school accounts of each of the county sub-treasurers of school moneys are furnished by the Educational Department, for convenience and uniformity, although it is not required to do so by law, See note to the one hundred and twenty-fourth section of this Act.
ELECTION OF TRUSTEES IN CITIES AND TOWNS DIVIDED INTO WARDS.*
Two Trustees to be annually Elected in each Ward.
62. For each ward into which any city or town is divided, there shall be two school trustees, each of whom after the first election of trustees, shall continue in office two years, and until his successor has been elected, and one of such trustees shall retire on the second Wednesday in January yearly in rotation.
First elections of School Trustees in Cities and Towns.
63. On the incorporation of any city or town and the division thereof into wards, two fit and proper persons shall, at the first election of school trustees, be elected school trustees of each such ward by a majority of the votes of the [assessed] freeholders and householders thereof.+
City and Town Trustees' Term of Office.
And one of such trustees, to be determined by lot at the first meeting of trustees after their election, shall retire from office at the time appointed for the next annual school election, and the other shall continue in office one year longer, and then retire; but each such trustee shall continue in office until his successor has been elected.
64. In every city and town at the time prescribed by the third section of this Act, [i. e., the second Wednesday in January] an election shall be held in each ward at the place of the last municipal election, and under the direction of the same Returning Officer, and conducted in the [same] manner as an ordinary municipal ward election;‡ but in case of the default of such Returning Officer, then under the direction of such person as the electors present may choose; and at such election, one fit and proper person to be a Trustee shall be elected by a majority of the votes of the [assessed] freeholders and householders in and for each such ward respectively, and such trustee shall continue in office for two years, and until his successor has been elected.
Time and Hours for School Elections in Rural Sections, Town, &c.
[643. The School Law Amendment Act of 1860 fixes the hour for closing the poll as follows: 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 [rural] school sections the poll shall close on the same day the election is commenced; in cities, towns, and incorporated villages, the same time shall be allowed for the election of school trustees which is allowed for the election of municipal conncillors in such munipalities.]
* See fifth section of the School Law Amendment Act for 1860, page 59. As defined in the seventieth section of this Act, page 68.
The following is the law which governs municipal elections and to which reference is made above, taken from the Consolidated Municipal Institutions Act, 22 Vict., ch. 55: The Returning Officer may close the election in one hour after commencing the same if within that time no more [than one candidate is] proposed. * But in case there are more candidates, and a poll is demanded,
ELECTION OF TRUSTEES IN VILLAGES AND TOWNS NOT DIVIDED INTO WARDS.
65. In each town, not divided into wards, and in each village, there shall be six school trustees, two of whom, after the first election, shall retire yearly on the second Wednesday in January.*
First Election of School Trustees in a Village or Town,* 66. On the incorporation of any such town or village, the Returning Officer appointed to hold the first municipal election in such town or village shall call a meeting for the election of school trustees, to take place at the time prescribed in the third section of this Act, [second Wednesday in January] or in case of his neglect for one month, any two freeholders in such town or village, on giving six days' notice in at least three public places in the town or village, may call a meeting for such purpose, and at such meeting six trustees shall be elected, who shall hold office during the periods hereinafter expressed, and from thence until their successors respectively have been elected.
Trustees when first elected to be classified,
67. The trustees of every such town and village shall be divided by lot into three classes of two individuals each, to be numbered one, two, three; the first of which classes shall hold office one year, the second two years, and the third three years, and until their successors respectively be elected.
Such Trustees to retire yearly by rotation.
68. The trustees composing one of such classes shall retire yearly in rotation, the order of such rotation of the trustees first elected being determined by lot at the first meeting after their election, and, except the trustees elected at the first election, the trustees so to retire shall be those who have held the office for the then next preceding three years, or who have been elected to supply any vacancy in the retiring class.
Annual Election of two Trustees in Towns and Villages. 69. A school meeting shall be held annually on the second Wednesday in January, in each such town and village, at the place of the
he shall keep open the election until four of the clock in the afternoon of the first day, and then adjourn the same until ten of the clock in the forenoon of the next day, not being a Sunday or a legal holiday, and continue the same till four of the clock in the afternoon thereof, and no longer; but if in the meantime he sees that all the electors intending to vote have had a fair opportunity of being polled, and if no qualified elector gives or tenders his vote between three and four o'clock of the first day, free access having been allowed to electors for the purpose, the Returning Officer may close the election at four o'clock on that day, and the Returning Officer may, in like manner, close the election before four o'clock on the second day, if for the hour next before he does so no qualified elector gives or tenders his vote, free access having been allowed to electors for the purpose."
*For union of a school section or part of a township with a village or town, for school purposes, see section (45) and (46) on page 59.
then last annual election of councillors, at which meeting the [assessed] freeholders and householders of the town or village shall elect two persons to be trustees in the place of the two retiring from office, which trustees elect shall continue in office three years, and until their successors have been elected.
Challenging Voters at School Elections.
70. In case an objection be made to the right of any person to vote at an election in any city, town, or village, or upon any other subject connected with school purposes therein, the Returning Officer presiding at the election shall require the person whose right of voting is objected to, to make the following declaration :
"I do declare and affirm that I have been rated on the assess"ment roll of this city (town or village, as the case may be), as a "freeholder (or householder, as the case may be), and that I have "paid a public school tax* in this ward (town or village, as the case "may be), within the last twelve months, and that I am legally "qualified to vote at this election."
Effect of such Declaration.
Whereupon the person making such declaration shall be permitted to vote.t
71. If any person wilfully makes a false declaration of his right to vote, he shall be guilty of a misdemeanor, and upon conviction, upon the complaint of any other person, shall be punishable by fine and imprisonment, in the manner provided for in the eighteenth section of this Act [page 15.]
Contested Elections in Cities, Towns, and Villages.
72. The Judge of the County Court shall, within twenty days after the election of a common school trustee in any city, town, or incorporated village within his county, receive and investigate any complaint respecting the mode of conducting the election, and confirm it or set it aside, and appoint the time and place of holding a new election, as he may judge right.
Penalty on Returning Officer for wrong doing.
73. If the returning officer at any election of a common school trustee be convicted before the County Judge, of disregarding the requirements of the law, or acting partially in the execution of his office, he shall be fined a sum of not less than twenty dollars, nor
It will be quite sufficient if the electors shall have paid within the year a school tax imposed either by the municipality or by the Board of School Trustees.
By the nineteenth section of this Act, and twenty-fifth section of the Roman Catholic Separate School Act of 1863, supporters of separate schools are not allowed to vote at the election of common school trustees. See page 15.
See note *appended to section sixty-four and a half, on page 66.1
more than one hundred dollars, at the discretion of such County Judge.
Costs of Contested Elections.
74. The expenses of any school election contest shall be paid by the parties concerned in it, as may be decided by the County Judge.
Terms for which persons are Elected to fill Vacancies.
75. Any trustee elected to fill an occasional vacancy in a Board of School Trustees, shall hold office only for the unexpired term of the person in whose place he is elected to serve.
Re-Election of any Trustee lawful
76. Any retiring trustee may be re-elected with his own consent, otherwise he shall be exempted from serving for four years next after leaving office.
Trustees to be a Corporation.
77. The school trustees for each city, town, and incorporated village, shall be a corporation,* under the name of "The Board of School Trustees of the City [Town or Village] of: in the county of," and shall succeed to all the corporate rights and powers, and be subject to all the corporate obligations and liabilities of the preceding trustees.†
The First Meeting of the Board of Trustees.
78. The first meeting of the Board may be called by any trustee, to take place in the city, town, or village council-room.
Duties of the Board.
79. It shall be the duty of the Board of School Trustees of every city, town, and village respectively, and they are hereby authorized:
Election of Chairman, and his Vote.
(1) To elect annually, or oftener, from among their own members, a chairman, who shall have a right to vote at all times; and in case of an equality of votes, the question shall be held to be decided in the negative.
Appointment of Secretary, Superintendent, Collector, and Treasurer. (2) To appoint a secretary, local superintendent of schools, and, if requisite, one or n re collectors of school-rates, which collector or collectors may be of their own number; and one of whom may also be secretary-treasurer, who shall be subject to the same duties,
* See extract from the In pretation Act, quoted in the twenty-sixth section of this Aot, page 19.
See note to decisions of the Court of Common Pleas, appended to the fourth clause of the twenty-seventh section of this Act, page 9.
Trustees are, by the one hundred and thirtieth and "lowing sections of the Act, authorized to proceed against any secretary-treasure refusing to account to them.
holding papers, or