manner and

LII. In making such appropriations for the current expenses of the said In what University, or of University College, or of Upper Canada College and Royal form appropriaGrammar School, it shall be lawful for the Governor-in-Council either to direct tions out of the said funds may the particular purposes to which the whole, or any part of the sum appropriated be made. shall be applied, or to place the whole, or any part, of such sum at the disposal of the Senate of the said University, or of the Council of the said Upper Canada College, to be applied under the provisions of Statutes in that behalf, approved, as aforesaid, and by which Statutes the said Senate, or Council, may place any sum, or sums, at the disposal of any Committee, or person, or persons, to be applied by them, or him, according to the directions of such Statutes, or, in their discretion, to purposes to be therein named.

shall retire

LIII. It shall be lawful for the Governor-in-Council, to cause to be paid out Allowances to of the said University Income Fund, a sum not exceeding one year's Salary at the present Pro. present rate, to each of those Professors in the now University of Toronto, who fessors who will not, under the Thirty-third Section of this Act, be Professors in University from office, on College, and who shall resign their Chairs as such Professors in the University of or before, 1 Toronto, on, or before, the First day of July, One Thousand Eight Hundred and Fifty-three; such allowance to be payable at such time, after the said First day of July, as the Governor-in-Council shall appoint.

July, 1853.

hereafter.

LIV. Any surplus of the said University Income Fund remaining at the end Surplus to be of any year, after defraying the expenses payable out of the same, shall, [be appropriated invested by the Bursar, under the orders of the Governor-in-Council, in Public Provincial Securities, and not otherwise, and shall then form part of the Permanent Fund; and all sums of money received by the said Bursar, and forming part of the Permanent Fund aforesaid, shall be invested in like manner; and any such Securities may, under such order as afore aid, be exchanged, sold or otherwise disposed of by the said Bursar], and constitute a Fund to be, from time to time, appropriated by Parliament for Academical Education in Upper Canada.

LV. The expenses of the Bursar's Office, and the management of the property Expenses of aforesaid, shall be paid out of the said General Income Fund hereinbefore men- Bursar's office tioned, and shall be the first charge thereon, and the Governor-in-Council shall, how paid. from time to time, determine what share thereof shall be paid out of that portion of the said Fund belonging to Upper Canada College and Royal Grammar School.

assigned for

LVI. The Governor-in-Council shall, from time to time, assign for the use Portions of and purposes of the said University of the said University, College and of Upper property to be Canada College and Royal Grammar School, respectively, such portions of the use of said property hereby vested in the Crown as may be necessary for the convenient ac- Institution. comodation and business of the said Institutions respectively; and the property so assigned, for the use of each, shall be deemed to be in the legal possession and under the Control of the Senate, or Council, of such Institution.

LVII. The Governor-in-Council may authorize such permanent improvements, Governor-inCouncil may or additions to the Buildings on the said property as may be necessary for the authorize impurposes of the said Institutions respectively, and may direct the cost thereof to provements. be paid out of that part of the Permanent Fund aforesaid, hereby made applicable to the support of the Institution for the purposes of which the improvement, or addition, is made.

LVIII. For all the purposes of this Act and of all accounts to be kept and Fiscal year to be payments, or expenditure, to be made under it, the fiscal year shall coincide with the calendar the calendar year.

[LIX. (In Draft of Bill.) This Act shall come into force and effect upon the One Thousand, Eight Hundred and Fifty-three, and not before.]

day of

year.

NOTE. The following Act, designed to make special provision for certain wants, as well as practical defects, in the Common School System of Upper Canada, was prepared and passed early in the Parliamentary Session of 1852, 1853. It was purposely temporary and tentative in its character, and its duration was limited to five months, until a more comprehensive and carefully prepared Bill could be drafted. This was done early in 1853; and, in March, 1853, such a Bill, prepared by the Chief Superintendent of Education, was introduced into the House of Assembly by the then Mr. Attorney-General W. B. Richards, 9 D. E.

afterwards a Chief Justice). This Draft of Bill, "Supplementary," as it was, (and was so styled), to the School Act of 1850, embodied all the useful portions of the previous temporary Act, and also several additional provisions designed to furnish further facilities for the growth and expansion of the School System of the Province. Its financial provisions were generous, and comprehensive, and included special grants to four special objects amounting to nearly Thirty thousand dollars. In the next Chapter of this Volume the original Draft of the following School Act will be inserted.

Preamble.

AN ACT TO MAKE

16TH VICTORIA, CHAPTER XXII.

CERTAIN PROVISIONS WITH REGARD TO COMMON SCHOOLS IN
UPPER CANADA FOR A LIMITED PERIOD.

THE EARL OF ELGIN AND KINCARDINE, GOVERNOR-General.

(Received the Royal Assent on the 10th of November, 1852.)

WHEREAS it is expedient to make some further provision for the improvement of Common Schools in Upper Canada, and to modify, and extend, some of the pro13 and 14 Vict. visions of the Act: Thirteenth and Fourteenth Victoria, Chapter Forty-eight, ch. 48, cited. intituled: "An Act for the Better Establishment and Maintenance of Common Schools in Upper Canada ;"

Imperial Act of

1840.

Powers of School
Trustees

extended.

How Trustees

Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled: An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same.

I. That the Board of School Trustees in each City, Town and Incorporated Village, shall, in addition to the powers with which they are now legally invested, possess and exercise, as far as they shall judge expedient, in regard to each such City, Town and Incorporated Village, all the powers with which the Trustees of each School Section are, or may be invested, by law, in regard to each such School Section.

II. And be it enacted, That the Trustees of each School Section, shall, as the shall provide for elected Representatives of such Section, determine the manner in which all the School expenses. School expenses of such Section shall be provided for, whether by any, or all, of the three authorized methods of Voluntary Subscription, Rate-bill for each pupil attending the School, or by Rate upon Property :

Proviso as to number of children.

Proviso for
Register and
Visitors' bcok
Periodical.

Provided always Firstly, That no Rate shall be imposed upon the inhabitants of any School Section according to the whole number of children, or of the number of children of legal school age, residing in such Section :

Provided, Secondly, That the Trustees of each School Section shall see that each School under their charge is, at all times, duly provided with a Register and and Educational Visitors' Book, in the form prepared according to law; nor shall any School Section, in which such Books are not provided and duly kept, or in which a Periodical devoted to Education is not taken by the Trustees, as required by law, be entitled to receive aid from the Common School Fund :

Proviso: Union of School to

Grammar

School.

Proviso:

sible for moneys

Provided, Thirdly, That the Trustees of each School Section shall have authority to take such steps as they may judge expedient to unite their School with any Public Grammar School, which shall be situated within, or adjacent to, the limits of their School Section.

Provided, Fourthly, That the Trustees of each School Section shall be personTrustees respon ally responsible for the amount of any School moneys which shall be forfeited and forfeited. lost to such School Section during the period of their continuance in office, in consequence of their neglect of duty; and the amount thus forfeited, or lost, shall be collected and applied in the manner provided by the Ninth Section of the said Act of 1850: Thirteenth and Fourteenth Victoria, Chapter Forty-eight, for the collection and application of the fines imposed by the said Section.

Application

of moneys

forfeited.

Trustees not forwarding their

Provided Fifthly, That the Trustees of each School Section, shall, each per- Penalty on sonally forfeit the sum of One pound, five shillings for each and every week that they shall neglect, after the Fifteenth day of January in each year, to prepare and report. forward to their Local Superintendent of Schools their School Report, as required by law, for the year ending the Thirty-first day of December, immediately pre- How applied. ceding; and which sum, or sums, thus forfeited, shall be sued for by such Local School Superintendent, and collected and applied in the manner provided by the proviso of the Section immediately preceding :

between

Provided, Sixthly, That no Agreement between Trustees and a Teacher in any Agreements School Section made between the first day of October and the second Wednesday Trustees and in January, shall be valid, or binding, on either party after the second Wednesday Teachers not in January, unless such Agreement shall have been signed by the two Trustees of valid in certain such School Section, whose period of Office shall extend to one year beyond the second Wednesday of January, after the signing of such Agreement.

cases.

School Sites.

III. And be it enacted, That the Trustees of each School Section shall have Trustees to the same authority to assess and collect Rates for the purpose of purchasing School for Sites and the erection of School Houses, with which they are, or may be, invested by law to assess and collect for other School purposes:

Proviso: meeting to be

Provided always, That they shall take no steps for procuring a School Site, on which to erect a new School House, or changing the site of a School House, called. established, or that may be hereafter established, without calling a Special Meeting of the Freeholders and Householders of their Section to consider the matter; and, if a majority of such Freeholders and Householders present at such Meeting differ from a majority of the Trustees, as to the Site of a School House, the question shall be disposed of in the manner prescribed by the Eleventh Section of the said Act of 1850: Thirteenth and Fourteenth Victoria, Chapter Forty-eight.

other Schools

IV. And be it enacted, That any person residing in one School Section, and Persons sendsending a child, or children, to the School of a neighboring School Section, shall be ing children to liable for the payment of all Rate-Bills and Rates for the School purposes of the liable for rate in Section in which he resides, the same as if he sent his child, or children, to the their School School of such Section; and such child, or children, shall not be returned as attending any other than the School of the Section in which the parents, or guardians, of such child, or children, reside.

Section.

tendent to

V. And be it enacted, That any person who has been, or may be appointed Local SuperinLocal Superintendent of Schools shall continue in office, (unless he resigns, or is continue in removed from office, for neglect of duty, improper conduct or incompetency,) until office. the First day of April of the year following that of his appointment, and during the pleasure of the Council appointing him :

teacher.

Provided always, That no Local Superintendent shall be a Teacher, or Trustee, Shall not be a of any Common School during the period of his being in office :

Provided; Secondly, That no Local Superintendent shall be required, (unless Powers and he shall judge it expedient, and except, with a view to the adjustment of disputes,) Local Superinobligations of to make more than two official Visits to each School Section under his charge, one tendents. of which Visits shall be made some time between the First day of April and the First day of October, and the other, sometime between the First day of October and the first day of April :

Provided, Thirdly, That the Local Superintendents of adjoining Townships shall have authority to determine the sum, or sums, which shall be payable from the School Apportionment and Assessment of each Township in support of Schools of Union School Sections, consisting of portions of such Townships; and they shall also determine the manner in which such sum, or sums, shall be paid:

Provided, Fourthly, That, in the event of one person being Local Superintendent of both of the Townships concerned, he shall act in behalf of such Townships; and, in the event of the Local Superintendents of Townships thus concerned not being able to agree as to the sum, or sums, to be paid to each such Township, the matter shall be referred to the Chief Superintendent of Education for final decision :

Provided, Fifthly, That each Local Superintendent of Schools shall have authority to appoint the time and place of a Special School Section Meeting, at any time and for any lawful purpose, should he deem it expedient to do so, and should the Trustees refuse to call such Meeting;

Provided, Sixthly, That each Local Superintendent of Schools shall have authority, within twenty days after any Meeting for the election of Common School Trustees, within the limits of his charge, to receive and investigate any complaint

7th Proviso.

8th Proviso.

How Elections for School

Trustees shall take place.

Proviso.

Proviso.

Voters objected to shall make a

declaration.

Form of
Declaration.

False declaration to be a misdemeanour.

Provisions 13

and 14, V. c. 48,

contrary to this Act repealed.

Act to apply to current year.

Duration

of Act.

respecting the mode of conducting such Election, and to confirm it, or set it aside, and appoint the time and the place of a new Election, as he shall judge right and proper:

Provided, Seventhly, That each Local Superintendent shall have authority, on due examination. (according to the Programme authorized by law for the Examination of Teachers,) to give any Candidate a Certificate of Qualification to teach a School within the limits of the charge of such Superintendent, until the next ensuing Meeting (and no longer,) of the County Board of Public Instruction of which such Local Superintendent is a Member; but no such Certificate of Qualification shall be given a second time, or shall be valid, if given a second time, to the same person in the same County:

Provided, Eighthly, That, in the event of a Local Superintendent of Schools resigning his office, the Warden of the County, or Union of Counties, within which such Superintendent shall have held office, shall have authority, if he shall deem it expedient, to appoint a fit and proper person to the office thus vacated until the next ensuing Meeting of the Council of such County, or Union of Counties.

VI. And be it enacted, That, in any Village in Upper Canada, which shall become incorporated according to Law, an Election of a Board of School Trustees for such Village shall take place as soon as convenient, in the manner provided and authorized for Incorporated Villages in the Twenty-fifth Section of the said Act of 1850 Thirteenth and Fourteenth Victoria, Chapter Forty-eight;

Provided always, That the time of the first Election of such Board of School Trustees, shall be fixed by the Reeve of such Village, or, in case of his neglecting to do so for one month, then by any two Freeholders in such Village, on giving six days' notice, in at least three public places in such Village :

Provided also, That all Elections of School Trustees that have taken place in Villages, which have been incorporated since One Thousand Eight Hundred and Fifty, shall be and are hereby confirmed, and the acts of Boards of School Trustees, so elected in such Villages, are hereby made as valid as if such Boards had been elected for Villages, incorporated before One Thousand Eight Hundred and Fifty; and, in all cases, the Chairman to be elected by the Trustees from their own body, shall have a right to vote at all times, and also, a second, or casting, vote, in cases of equality of votes.

VII. And be it enacted, That, in case of the right of any person to vote at an Election of a Trustee, or Trustees, in any City, Town, or Incorporated Village, be objected to, the Returning Officer presiding at such Election shall require the person, whose right of voting is thus objected to, to make the following declaration:

I do declare and affirm that I have been rated on the Assessment 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 tax in this Ward, (or Village, as the case may be,) within the last Twelve Months, and that I am legally qualified to vote at this Election. And the person making such declaration shall be permitted to vote; Provided always, That any person who shall, on the complaint of any person, be convicted of wilfully making a false declaration of his right to vote shall be deemed guilty of misdemeanor, and punishable by fine and imprisonment in the manner provided for similar cases in the Seventh Section of the said Act of 1850 : Thirteenth and Fourteenth Victoria, Chapter Forty-eight.

VIII. And be it enacted, That such of the provisions of the Act of 1850: Thirteenth and Fourteenth Victoria, Chapter Forty-eight, as are contrary to the provisions of this Act, shall be and are hereby repealed.

IX. And be it enacted That the provisions of this Act shall apply to all school affairs and to all persons referred to in the said provisions, for the current year.

X. And be it enacted, That this Act shall be, and continue, in force until the First day of April next, and not after.

NOTE. The foregoing, being a temporary, and merely tentative, Act, its duration was limited to five months. The following comprehensive Act includes the practical provisions of this temporary one, and also a number of others, the result of careful observation on the operation and working of the School Act of 1850. That Act was, in itself a great improvement on its predecessors, and inauguarated a new departure in School legislation. The following

Act of 1853, however, embodies the result of the matured experience of the Chief Superintendent of Education and also that of many of the Local School Superintendents in different parts of the Province.

16TH AND 17TH VICTORIA, CHAPTER CLXXXV.

AN ACT SUPPLEMENTARY TO THE COMMON SCHOOL ACT FOR UPPER CANADA of 1850.

THE EARL OF ELGIN AND KINCARDINE, GOVERNOR GENERAL.

[Received the Royal Assent on the 14th of June, 1853.

(NOTE. The parts of this Act which were omitted in the Legislature are inserted in square brackets, and the additions are printed in italic type.)

WHEREAS it is expedient to make some further provision for the Improvement Preamble.

of Common Schools in Upper Canada, and to modify and extend some of the provisions of the Act passed in the Session held in the Thirteenth and Fourteenth 13th & 14th Vict, Years of Her Majesty's Reign, Chaptered Forty-eight, and intituled: An Act for Chap. 48 the Better Establishment and Maintenance of Common Schools in Upper Canada,' hereinafter called: "the Upper Canada School Act of 1850":

Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the

authority of an Act passed in the Parliament of the United Kingdom of Great Imperial Act of Britain and Ireland, and intituled: "An Act to Re unite the Provinces of Upper 1840. and Lower Canada, and for the Government of Canada," and it is hereby enacted

by the authority of the same :

I. That the Board of School Trustees in each City, Town and Incorporated Boards of School Village, shall, in addition to the powers with which they are now legally invested, Trustees Cities possess and exercise, as far as they shall judge expedient, in regard to each such and Towns to City, Town and Incorporated Village, all the powers with which each School Sec- of Trustees of tion are, or may be, invested by law, in regard to each such School Section:

have the powers

School Sections.

Chairmen of such Boards.

Provided always, that the Chairman of each such Board of School Trustees Proviso: as to shall be elected by the Trustees from their own number, and shall have a right to vote at all times, and [shall also have a second, or casting vote, in case of an equality of votes.], in case of an equality of votes, the maxim: praesumitur pro negante, shall prevail.

Trustees in

II. And be it enacted. That in any Village, or Town not divided into Wards, Elections of in Upper Canada, which shall become incorporated, according to Law, an Election Boards of of a Board of School Trustees for such Village, or Town, shall take place at the Villages. time specified in the Second Section of the said Upper Canada School Act of 1850;

meeting for such

Provided always, That the first Election of such Board of School Trustees 1st Proviso: as shall be called by the Returning Officer appointed to hold the first Municipal Elec- to the calling of tion in such Village, or Town, or, in case of his neglecting to do so for one month, elections. by any two Freeholders in such Village, or Town, on giving six days' notice, in, at least, three public places in such Village, or Town;

Elections in

Provided also, That all Elections of School Trustees that have taken place in 2nd Proviso: Villages and Towns, not divided into Wards which have been Incorporated since certain places One Thousand Eight Hundred and Fifty, shall be, and are hereby, confirmed, and confirmed. the Acts of Boards of School Trustees, so elected, in such Villages and Towns, are hereby made as valid as if such Boards had been elected for Villages and Towns incorporated before One Thousand Eight Hundred and Fifty:

amendment to

Provided likewise, That, in the words "two years," which occur in the Second 3rd Proviso: proviso of the Twenty-fifth Section of the said Act, the word "three" shall be sub- proviso 2, of stituted for the word "two," and the said proviso shall be held to have, and to Sect. 26, 13 & 14 have had, effect, as if the word "three" had been originally inserted therein, in- Vict,, cap 48. stead of the word two:

Construction of

Provided, nevertheless, That the Twenty-fifth and Twenty-sixth Sections of 4th Proviso: the said Act, shall be construed to apply to all such Boards of School Trustees. Act of 1880.