tioned in his agreement with the trustees,* even after the expiration of the period of his agreement, until the trustees pay him the whole of his salary, as teacher of the school,† according to their engagement with him.t

Arbitration in case of Difference between Teacher and Trustees.

84. In case of any difference between trustees and a teacher, in regard to his salary, the sum due to him, or any other matter in dispute between them, the same shall be submitted to arbitration,|| in which case:

(1) Each party shall choose an arbitrator.

(2) In case either party in the first instance neglects or refuses to appoint an arbitrator on his behalf, the party requiring the arbitration may, by a notice in writing to be served upon the party so neglecting or refusing, require the last-mentioned party within three days, inclusive of the day of the service of such notice, to appoint an arbitrator on his behalf, and such notice shall name the arbitrator of the party requiring the arbitration; and in case the party served with such notice does not within the three days mentioned therein, name and appoint an arbitrator, then the party requiring the arbitration may appoint the second arbitrator.

Local Superintendent to be an Arbitrator.

And, (3) The local superintendent, or in case of his inability to attend any person appointed by him to act on his behalf, shall be a third arbitrator, and such three arbitrators, or a majority of them, shall finally decide the matter.

Powers of Arbitrators to Examine.

85. The arbitrators may require the attendance of all or any of the parties interested in the reference, and of their witnesses, with all such books, papers, and writings, as such arbitrators may direct them or either of them to produce, and the arbitrators may administer oaths to such parties and witnesses.

*For form of agreement with the trustees, see page 33.

No deduction whatever can be lawfully made from any Teachers' salary for any allowed holidays or vacations; or for the exemption of indigent persons, authorized in the thirteenth clause of the twenty-seventh section of the Consolidated Common School Act, page 38. When non-resident pupils are admitted, i. e. those referred to in the first part of the one hundred and twenty-sixth section of the Consolidated School Act, and not those provided for in the latter part of that sec tion, the trustees and teacher must mutually agree as to the extra remuneration (if any) to be paid to the teacher for teaching such pupils.

It is illegal for teachers to retain forcible possession of either the key of the school house or of the school register. See the first section of the Sehool Law Amendment Act of 1860, on preceding page.

| See the fifteenth section of the School Law Amendment Act, page 47.

Warrant of Arbitrators-Equivalent to Execution of Division Court. 86. The said arbitrators, or any two of them, may issue their warrant to any person named therein, to enforce the collection of any moneys by them awarded to be paid, and the person named in such warrant shall have the same power and authority to enforce the collection of the moneys mentioned in the said warrant, with all reasonable costs, by seizure and sale of the property of the party or corporation against whom the same has issued, as any bailiff of a Division Court has in enforcing a judgment and execution issued out of such court.

Arbitration must be complied with within a Month.

[86. The School Law Amendment Act of 1860 further enacts:-9. If the trustees wilfully refuse or neglect, for one month after publication of award, to comply with or give effect to an award of arbitrator's appointed as provided by the eighty-fourth section of the said Upper Canada [Consolidated] Common School Act, the trustees so refusing or neglecting shall be held to be personally responsible for the amount of such award, which may be enforced against them individually by warrant of such arbitrators, within one month after publication of their award; and no want of form shall invalidate the award or proceedings of arbitrators under the School Acts.]

No such Dispute to be brought into any Court.

87. No action shall be brought in any court of law or equity, to enforce any claim or demand between trustees and teachers which can be referred to arbitration as aforesaid.†

*For form of warrant see note on pages 34, 35. See also No. 3 on page 45. + Decisions of the Superior Courts as to these Arbitrations. 1. Arbitration is the only mode of settling disputes between trustees and teacher, -The Court of Queen's Bench has decided that no action in law or equity can be sustained by a school teacher against trustees for his salary: arbitration is the only remedy.-Tiernan v. Trustees No. —, Nepean. 14 Q. B. R. 15.

2. No appeal from decision of an arbitrator, referred by order of county judge, between trustees and teacher.

The Court of Queen's Bench in a case where an action in the division court by a school teacher against the trustees was referred to arbitration by order of the judge, with the consent of the parties, Held, that the decision of the arbitrator could not be appealed from under the one hundred and eighth section of the Upper Canada Consolidated Common School Act. Remarks as to defendant's remedy by prohibition.-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., Union School Section No. 2, Whitchurch, and No. 7, Markham.

3. The arbitrator's award is final as to teacher's claim for further salary. The Court of Queen's Bench has decided, that the non-payment of the first award is not a non-payment of the teacher's salary under his agreement, so as to entitle him to such salary after the award; nor was it a matter in difference, within the meaning of the act, which could authorize a second reference.-Kennedy v. Burness et al. 15 Q. B. R. 473.

4. The Court of Common Pleas has also decided a similar case: A school teacher, after an award had been made in his favour on a dispute as to salary with the

G

PART VI.-DUTIES OF COUNTY OR TOWNSHIP LOCAL SUPERINTENDENTS OF SCHOOLS.*

JAN.

Local Superintendents' Yearly Calendar.t

(Compiled from the Upper Canada Common and Separate School Acts.)

Second Wednesday: The Annual School Elections take place. Page Within twenty days after election, can investigate complaints, and order a new election if necessary. Page 18.

8.

12 Municipal Assessments to be distributed according to average attendance among the schools from which half-yearly returns have been received. Page 84.

15

81

Trustees' School Section Annual Report due. Page 42.

Can have Common and Separate School Trustees fined five dollars for every week which they delay their report after this date. Page 43. MARCH 1 Annual Report to be sent to the Chief Superintendent. Page 90. APRIL 1 Termination of annual period of office. 30 Trustees' first half-yearly returns due.

JUNE

Page 83.
Page 42.

Protestant or coloured separate school returns to be notified to the clerk of the municipality. Page 90.

12 Legislative school grant to be distributed among the schools from
which returns have been received, according to average attendance.
Page 84. (See back of half yearly returns.)

Report on application for aid to poor schools to be sent to Chief
Superintendent.

To appoint a school section auditor on behalf of the trustees in case
they refuse or neglect to do so. Page 44.

31 Trustees' second half-yearly returns due. Page 42.

Protestants or coloured separate school returns to be notified to the clerk of municipality. Page 90.

N.B.-Local Superintendents are responsible for the transmission to the trustees of these blank forms of reports, after they have been received from the department.‡

trustees, afterwards made a claim in a second arbitration for the amount payable under the first award, together with his salary for the further period which had elapsed since such award, and sought under an award obtained ex parte, and a warrant thereon, to recover the amount by a seizure of the trustees' goods. Held by the Court on replevin by the trustees, that such a course was illegal, and

The law provides that the entire duties of local superintendents of common schools in cities, towns, and incorporated villages, should be prescribed by the board of common school trustees. See page 71. Local Superintendents have no supervision or control over grammar schools. In union grammar and common schools their supervision and control extends only to the common school department of the united school. In this they should see that due provision is made for giving instruction in the English branches by a competent master or masters. + Other "duties" of the local superintendent are enumerated in the twenty-fifth section of this Act, page 25; and in the eighth section of the School Act of 1860, page 44.

See Educational Calendar, page b.

In addition to the foregoing calendar, local superintendents are required to attend the regular half-yearly meetings of the board of public instruction (page

Term of Office of Local Superintendent-Salary.

88. Each local superintendent shall, unless he resigns or is removed from office for neglect of duty, improper conduct, or incompetency, continue in office, until the first day of April of the year following

not contemplated by the School Acts.-Kennedy v. Burness et al.; Murray ▼. Burness et al. 7 C. P. R. 227.

5. Arbitrator's warrant against Trustees must be for wilful neglect. The Court of Common Pleas has decided the following point: upon trover brought for a seizure of goods upon authority of a warrant issued by arbitrators under the school acts. Held, that a plea which stated that the trustees neglected or refused (without the word wilfully) to exercise their corporate powers for the payment of money awarded to the school teacher was bad on demurrer.-Weaver v. Bull et al., No. 2, Rawdon. 10 C. P. R. 369.

6. Wilful neglect of Trustees to give effect to award must be adjudicated upon. The Court of Common Pleas has decided that where school trustees become personally responsible under the twentieth clause of the twenty-seventh section of the Upper Canada Consolidated Common School Act, for wilfully neglecting or refusing to exercise the corporate powers vested in them for the fulfilment of any contract or agreement made by them, before such liability can be enforced by the warrant of arbitration under the [ninth section of the Common School Amendment Act of 1860] by levying de bonis propriis the money awarded to be paid by the school trustees as a corporation, it is necessary to show that there has been some adjudication of the fact of wilful neglect or refusal to justify the issuing of such a warrant.-Ranny v. Macklem et al. 9 C. P. R. 192.

7. Mandamus against Trustees to enforce award not the proper remedy. The Court of Queen's Bench refused a mandamus to compel school trustees to pay a sum awarded to be due to a teacher for arrears of salary, observing that under the statute the arbitrators could levy the sum by warrant, which was prima facie the proper course, or that the municipality could collect it by rate if requested. Upon the facts also, which are stated in the case, the legality of the award appeared doubtful.-O'Leary v. Trustees, No. 2, Blandford. 19 Q. B. R. 556.

92); to make two or more official visits to the schools in the year.—one to be made "some time between the 1st of April and the 1st of October, and the other between the 1st of October and the 1st of April, and any others as directed by the county council;" and also deliver an annual lecture in each school section (page 87); besides attending to various arbitrations and references.

The arbitrations (for which local superintendents are to receive a per diem allowance, see page 47) are:

1. Regarding School Site. Pages 45, 46.

2. Disputes between Trustees and Teachers. Page 80.

The References or acts for which no extra remuneration is authorised by the Act(i), are:

1. Appoint School Section Meetings. Page 19.

2. Appoint a School Auditor. Page 44.

3. Boundaries of Union Schools. Page 59.

4. Decide questions of difference. Page 88.

(i) See note t, on page 88.

that of his appointment,* and he shall be entitled annually, to not less than four dollars per school [i. e. Common and Separatet School] placed under his charge, together with any additional remuneration [per school] or allowance [for postages and contingencies] which the council appointing him may grant, and the county treasurer shall pay him the same by quarterly instalments.

Warden may supply Vacancies in the Office.

89. In the event of any local superintendent resigning his office, the Warden of the county within which such superintendent held office, may appoint a fit and proper person to the office vacated, until the next ensuing meeting of the county council.

Local Superintendent not to hold certain Offices.

90. No local superintendent shall be a teacher or trustee of any common [or separate] school while he holds the office of superintendent.

Duties of Local Superintendents.t

91. It shall be the duty of each local superintendent, and he is hereby empowered

To Apportion School Fund according to Average Attendance. (1) Unless otherwise instructed by the Chief Superintendent of Education to apportion among the several school sections§ their respective portions of the common school fund money apportioned to the townships within the limits of his charge, as soon as notified by the county clerk of the amount so apportioned to such townships, and such apportionment among the said school sections shall be according to the rates of the average attendance of pupils at each common school, (the mean attendance of pupils for each half year being taken) as com-: pared with the whole average number of pupils attending the common schools of each such township.||

* See the fifty-third, fifty-fourth and fifty-fifth sections of this Act, page 63. This allowance includes a sum "not less than four dollars per " Common and Separate School which may be in operation in the rural sections within the jurisdiction of each local superintendent during any part of the year of his incumbency. The law requires the local superintendent to visit, to superintend and to report annually upon the Separate as well as the Common Schools under his charge, and he is therefore legally entitled to the same remuneration for them as for the common schools. The local superintendent, while acting as arbitrator, or while engaged in settling school section disputes, or while attending the half yearly meetings of the county or circuit board of public instruction, is entitled to an extra per diem allowance. See fifteenth and sixteenth sections of the School Law Amendment Act of 1860, on pages 47 and 93.

See remarks on the duties of local superintendents, appended.

In respect to the apportionment to Union School Sections, see the ninetysecond and ninety-third sections of this Act, page 91.

Instructions on the point here mentioned, will be found printed on the back of the trustees' half-yearly returns to local superintendents.