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obligations, and penalties as secretary-treasurers in school sections. [See pages 21, 22.]
Time and Place of Meetings of Board.
(3) To appoint the times and places of their meetings and the mode of calling them; and of conducting* and recording their proceedings, and of keeping all their school accounts.
Board to take Possession of School Property.
(4) To take possession of all common school property, and to accept and hold as a corporation all property acquired or given for common school purposes, in the city, town, or village, by any title whatsoever.t
To Manage and Dispose of School Property.
(5) To manage or dispose of such property, and all money s§ or income for common school purposes.
* For mode of conducting public meetings, see pages 10 and 11.
See notes appended to the third clause of the twenty-seventh section of this Act, page 27.
See the tenth section of the School Law Amendment Act of 1860, page 27. § The Municipal Investments Act, passed in October, 1863, to legalize the investment of surplus Clergy Reserve moneys, gives the following authority to boards of school trustees in cities and towns:
Boards of School Trustees in Cities and Towns may invest surplus school moneys.
3. The board of school trustees of any city or town in Upper Canada, having surplus moneys for educational purposes, may invest the same in the purchase of Provincial, Consolidated Loan Fund, or Municipal Debentures, or [in first mort gages secured on real estate, held and used for farming purposes, and to be the first lien on or against such real estate, and from time to time, as such securities mature, to invest in other like securities, or in the securities already mentioned by law, as may be directed by such by-law, or by other by-laws passed for that pur pose: Provided always, that no [school trustee] corporation shall invest in such real estate securities within the limits of its own municipality, nor shall any sum so invested exceed one-third of the value of the real estate on which it is secured, according to the last revised and corrected assessment-roll at the time it is so invested; and any by-law or resolution of any such corporation heretofore made, for authorizing any such investment, under which any such money has been so invested, shall be held to be a good and valid by-law or resolution.
Municipalities may loan such surplus to School Trustees.
4. Any municipal corporation, having surplus moneys derived from the Upper Canada Municipalities Fund, shall have power, by by law, to set such surplus apart for educational purposes, and to invest the same in a loan or loans to any board or boards of school trustees within the limits of the municipality, for such term or terms, and at such rate or rates of interest, as may be agreed upon by and between the parties to such loan or loans respectively, and set forth in such by-law.
Liability of School Trustees investing otherwise than as authorized by law.
6. Any member of any board of school trustees, who shall take part in, or in any way be a party to the investment of any such moneys as are mentioned in this Act, by or on behalf of the corporation of which he is a member, otherwise than as is authorized by this Act, or by * * * any other law in that behalf
To apply Proceeds of School Property.
(6) To apply the same, or the proceeds, to the objects for which they have been given or acquired.
To Provide School Premises, Apparatus, Text-Books, and Library.
(7) To do whatever they may judge expedient with regard to purchasing or renting school-sites and premises; building, repairing, furnishing, warming,* and keeping in order the school-houses and appendages, lands, enclosures, and movable property; for procuring suitable apparatus and text-books, and for establishing and maintaining school libraries.†
(8) To determine (a) the number, sites, kind and description of schools to be established and maintained in the City, Town or Village; also
(b) The Teacher or Teachers to be employed; the terms of employing them; the amount of their remuneration, and the duties which they are to perform; also
(c) The salary of the Local Superintendent of Schools appointed by them, and his duty. [See note on page 82.]
To unite with Grammar School, if expedient,
(9) To adopt, at their discretion, such measures as they judge expedient, in concurrence with the trustees of the county grammar school, for uniting one or more of the common schools of the city, town, or village with such grammar school.§
To appoint a Committee for each School.
(10) To appoint annually, or oftener, if they judge it expedient, and under such regulations as they think proper, a Committee of not more than three persons for the special charge, oversight, and management of each school within the City, Town or Village.
made and provided, shall be held personally liable for any loss sustained by such corporation, and shall also be guilty of a misdemeanor, and be liable to conviction in any court of competent jurisdiction in Upper Canada; and upon conviction may be sentenced to fine or imprisonment, or both, in the discretion of such court. [See page 52.]
*See notes appended to the fourth clause of the twenty-seventh section of this Act, pages 28 and 29.
See notes appended to the eighteenth and nineteenth clauses of the twentyseventh section of the Consolidated School Act, on pages 40 and 41.
This permission includes schools for boys, girls, &c., &c. The Court of Queen's Bench has also decided that: The school trustees in cities, towns, and incorporated villages, have unlimited discretion, under the [eighth clause of the seventy-ninth] section of the Upper Canada [Consolidated Common] School Act, as to the number of schools to be kept up, and are not subjected to the restrictions in this respect imposed upon school section trustees in townships.—Board of School Trustees v. Municipality of Brockville. 9 Q. B. R. 302.
§ See the tenth section of the School Law Amendment Act of 1860, page 27.
To prepare and lay before Municipal Council estimate for moneys required.
(11) To prepare from time to time, and lay before the Municipal Council of the city, town or village, an estimate of the sums which they think requisite :
For Salaries of Teachers-Procuring School Premises. (a) For paying the whole or part of the salaries of teachers; (6) For purchasing or renting school premises;
For Building, Repairing, and keeping in order School Houses. (c) For building, renting, repairing, warming,* furnishing and keeping in order the school houses and their appendages and grounds;
For procuring Apparatus, Text-Books, and Libraries, &c. (d) For procuring suitable apparatus and text-books for the schools; (e) For the establishment and maintenance of school libraries; and (f) For all other necessary expenses of the schools under their charge.
Council required to provide necessary Funds.
And the council of the city, town or village, shall† provide such sums in the manner desired by the said Board of School Trustees.
* See note * on page 28.
In the eighteenth section of the Provincial Statutes General Interpretation Act, it is declared that in those statutes: 2. The word "shall" is to be considered as imperative; and the word "may" as permissive.
+ Decisions of the Superior Courts in regard to City, Town, and Village Councils.
1. Payment by the Town Council of a part of the Trustees' Estimate a recognition of the whole.
The Court of Queen's Bench has decided that when an estimate of the sum required for school purposes was sent to the municipal council, by the board of school trustees, and the council recognized the presentation of such estimate by paying a portion of the amount, and submitted to court their reasons for refusing to pay the balance. Held, by the court, that by such recognition of the trustees' estimate, they were precluded from pleading that it had not been laid before them as the law required.—In re Board of School Trustees v. Municipality of Brockville. 9 Q. B. R. 302.
2. A resolution of a Board of School Trustees is not the estimate required by law.
The Court of Common Pleas has decided that the communication by a board of school trustees to the municipal council of a town, of a resolution of the board, that the chairman do order the town council to furnish the board with a sum of money immediately, for the purpose of purchasing a site and erecting a school house-a copy of which resolution was sent to the town council-is not a compli ance with the eleventh clause of the twenty-ninth section of the [Upper Canada Consolidated Common] School Act, requiring the board to prepare an estimate of the sums it may require; and consequently does not render the town council liable
Trustees to levy rates upon Parents.
(12) To levy at their discretion any rates upon the parents or guardians of children attending any school under their charge,* and
to be compelled to pay the amount by mandamus.—In re Board of School Trustees v. Municipality of Port Hope. 4 C. P. R. 418.
8. A City Council has no discretion as to raising the sum required by the Board of School Trustees.
The Court of Queen's Bench granted a mandamus to compel a city council to levy a sum required for school purposes for the year, according to the estimate furnished to them by the school trustees. It appeared in this case that the corporation having received the estimate did not object to it, but passed a by-law to provide the sum required, which they afterwards repealed, and substituted another, imposing a smaller and insufficient rate; and no reason was given for refusing to provide the sum called for. School Trustees of the City of Toronto v. The Corporation of the City. 20 Q. B. R. 302.
4. City and Town Councils required to raise the amount desired by the Board of School Trustees.
The Court of Queen's Bench has decided the following case: The eleventh clause of the seventy-ninth section of the Consolidated School Act which requires munici pal corporations to provide the sums required by school trustees in the manner desired" by them, authorizes the trustees to direct at what times the money shall be paid, but not how it is to be procured. The court therefore refused a mandamus to levy a rate, but granted it to provide the money as desired. Where it appeared on affidavit that steps had been taken to provide the sum required, a mandamus nisi was nevertheless granted. They declined, on the motion for the writ, to consider objections to certain items in the trustees estimate, as these could form no reason for withholding the whole.-School Tsustees of the City of Toronto v. The Corporation of the City. 23 Q. B. R. 203.
5. A vote of the school rate-payers not necessary in Cities, Towns, and Villages, as in school sections.
A vote of the rate-payers is not necessary in cities, towns, and villagesalthough it is in school sections—to authorize an application to the town council, or a rate by the board.—In re Board of School Trustees v. Municipality of Port Hope. 4 C. P. R. 418.
6. Ward School Assessments of a City or Town illegal.
The Court of Queen's Bench has decided, that an assessment for school purposes must be levied equally on the rate payers of the municipality, in proportion to their ratable property, and cannot be levied by an unequal rate in the different wards of such municipality. In re Scott v. Municipality of Ottawa. 13 Q. B. R. 346. (See decision of the Court of Common Pleas, in note § to the thirty-fifth section of this Act, page 52.) See the eleventh and the fourteenth clauses of the twenty-seventh section of this Act, pages 34, 38.
7. Order on Treasurer must precede an application for Writ of Mandamus to compel payment.
The Court of Queen's Bench has decided the following case: The Board of School Trustees of a village applied to the village municipality to levy a sum of money required to pay for a school site which they had contracted to purchase. The municipality refused to do so, and the board applied for a mandamus. It did not appear that the trustees had appointed a secretary-treasurer. Held, by the court, that the board should first have given an order, to the person from whom
*See decisions of the superior courts, given on pages 23-38.
to employ the same means for collecting such rates, as trustees of common school sections in townships and all moneys thus collected shall be paid into the hands of the Chamberlain or Treasurer of the city, town or village, or of the Secretary-Treasurer, for the common school purposes of the same, subject to the order of the Board of School Trustees.
Trustees to give orders for sums due to Creditors.
(13) To give orders to Teachers and other school officers and creditors for the sums due to them, on the Chamberlain or Treasurer of the city, town or village, or on their own Secretary-Treasurer. [See sections fifty-one and sixty, pages 62, 65; and section one hundred and ninety-six, of the Consolidated Assessment Act, page 64.]
Trustees to give notice of annual and special meetings.
(14) To call and give notice of annual and special school meetings of the [assessed] freeholders and householders of the city, town or village, or of any ward therein, in the manner and under the regulations prescribed in the twentieth section of this Act, for the appointment of annual and special school meetings in the school sections of Townships [pages 15, 16.]
they had agreed to purchase, upon the treasurer of the municipality. In re Board of School Trustees v. Municipality of Galt 13 Q. B. R. 511.
8. Demand and refusal must be shown before mandamus would issue against a City or Town Council to levy school rate.
The Court of Queen's Bench refused a mandamus against a municipality to levy a rate for school purposes, because the demand and refusal of a certain sum was not sufficiently shewn. Quare, however, whether a mandamus would lie in such a case, the trustees having power themselves to raise the money. School Trustees of Collingwood v. The Municipality of Collingwood. 17. Q. B. R. 133.
9. Treasurer must honour Trustees' Orders for School Moneys.
The Court of Queen's Bench has decided:-That portion of the rate which, by the enactment of law, goes into the hands of the treasurer, is subject to the order of the trustees. He may not have received the money, or he may refuse to pay their order, but in neither case can they be liable to an action for not paying the money. They are public officers, who have only to discharge their proper duty. If they refused to make an order, a mandamus would lie against them, or perhaps a special action for not making order; but not an action for the money, for that is not in their hands. If the treasurer fails in his duty he is liable to indictment, and might be found liable also to a remedy by action.—Quin v. Trustees, No. 4, Seymour. 7 Q B. R. 130. See also note on pages 19 and 62,
10. Right of action against a City or Town Council does not belong to the Teacher.
The Court of Queen's Bench has decided that an action would not be against a municipal corporation by a school teacher, upon an order made upon and accepted by the treasurer in the plaintiff's favour for his salary, the treasurer having no power to bind the corporation by such acceptance. Held, also, that the teacher could not maintain an action against the corporation for refusing to levy a rate for his salary, upon an estimate furnished to them for that purpose by the trustees. Smith v. The Corporation of the Village of Collingwood. 19 Q. B. R. 259.