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FORMS AND INSTRUCTIONS

FOR EXECUTING THE PROVISIONS OF THE NEW COMMON SCHOOL ACT, 13th and 14th Victoria, chapter 9.

BY THE CHIEF SUPERINTENDENT OF SCHOOLS.

Authorized and required by the third clause of the Thirty-fifth section of said Act.

CHAPTER I.

FORMS FOR TRUSTEES, AND FOR THE CALLING OF SCHOOL SECTION MEETINGS, &c.,

In conformity with the Common School Act, 13th and 14th Vict., chap. 9, Section 4-14. SECTION 1. Form of Notice of a FIRST School Section Meeting.

SCHOOL NOTICE.

The undersigned inform the Freeholders and Householders concerned, that the Municipal Council of this Township has formed a part of the Township into a School Section, to be designated School Section, No. --, and to be limited and known as follows:--[ Here insert the Description of the Section. J

The undersigned having been authorized and required by the Municipal Council to appoint the time and place of holding the first meeting, for the election of Trustees for the School Section above described, hereby notifies the Freeholders and Householders of said School Section, that a Public Meeting will be held at on - day, the of, at the hour of 10 o'clock, in the forenoon, for the purpose of electing three fit and proper persons as School Trustees of the said Section, as required by the School Act, 13th and 14th Vict. chap. 9, sect. 4.

Given under my hand, this day of --, 18-.

[Name]

REMARKS. Should the person authorized and appointed by the Municipal Council to call the first School Section Meeting refuse or neglect to do so, he subjects himself to a penalty of one pound five shillings, recoverable for the purposes of such School Section; and, then, any two Householders are authorized, within twenty days, on giving six days' notice, to call a meeting for the election of Trustees. The form of their noticeto be posted in, at least, three public places in the School Section concerned, and at least, six days before the time of holding such meeting-should be as follows:

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SIR,-In conformity with the Common School Act. 13th and 14th Vict., chap. 9, sect. 5, we have the honor to inform you, that, at a meeting of the Freeholders and Householders of School Section, No.-, in the Township of, held according to law. on the day of --, [Here insert the name or numes or address of the person or persons elected] School [Trustee or Trustees) of said Section. We have the honor to be, SIR, Your obedient Servants, D. E., F. A.,

To the Local Superintendent of Schools For the

Township of

Chairman, Secretary.

SECTION 3. Form of a Notice of an ordinary ANNUAL SCHOOL Section Meeting, pursuant to the 12th clause of the 12th section of the School Act, 13th and 14th Vict., chap. 9. SCHOOL NOTICE.

The undersigned Trustees of School Section, No.- in the Township of -, hereby give notice to the Freeholders and Householders of said School Section, that a Public Meeting will be held at on the second Wednesday in January, 18, at the hour of Ten of the clock, in the forenoon, for the purpose of electing a fit and proper person as a School Trustee for said Section. Dated this - day of

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A. B., C. D., E. F.,

Trustees of School Section, No.

REMARKS. The above notice should be signed by a majority of the existing or surviving Trustees, and posted in, at least, three public places of the School Section, at least six days before the holding of the meeting. The manner of proceeding at the Annual Meeting is prescribed in the 6th section of the Act.

Should the Trustees neglect to give the prescribed notice of the Annual Section Meeting, they forfeit, each, the sum of one pound five shillings, recoverable for the purposes of the School Section, and then any two Householders of the School Section are authorized within twenty days' notice, to call such meeting. Their form of notice should be as follows:

SECTION 4. Form of Notice of an ANNUAL School Section Meeting to be given by two Householders.

SCHOOL NOTICE.

The Trustees of School Section, No.-, in the Township of having neglected to give notice of the Annual School Section Meeting, as prescribed by the 12th clause of the 12th section of the Common School Aet, the undersigned hereby give notice to the Freeholders and House

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A. B., & Survicing Trustees, or Trustee,

18(as the case may be.) REMARKS. A Trustee who refuses to serve when elected, forfeits the sum of one pound five shillings, but having accepted office, if he shall at any time refuse or neglect to perform the duties of that office he shall forfeit the sum of five pounds, recoverable for the purposes of the School Section; but a Trustee cannot be re-elected without his own (See 8th section of the Act;) The mode of proceeding at a meeting called as above is the same as at an ordinary Annual School Section Meeting, and is prescribed

consent.

in the 6th section of the Act.

SECTION 6. Form for Trustees calling SPECIAL Meetings. REMARKS It belongs to the office of Trustees to estimate and determine the amount of the Teacher's salary and all expenses connected with the school; but it appertains to the majority of the Freeholders and Householders of each School Section, at a public meeting called for the purpose, to decide as to the manner in which such expenses shall be provided for, whether by voluntary subscription, by rate-bill on parents or guardiane sending children to the school, or by rate on all the Freeholders and Householders of the School Section according to property. But should not a sufficient sum be thus provided to meet the expenses incurred for School purposes, the Trustees are authorized by the latter part of the 7th clause of the 12th section, to provide the balance in such manner as they may think proper. But for all the money received and expended by them, the Trustees must account annually to their constituents as prescribed in the 15th clause of the 12th section. Besides calling Annual School Section Meetings, Trustees are authorized to call Special Meetings to consider the site and erection of a school-house, the mode of raising a teacher's salary, or for any school purpose whatever. The object or objects of each school meeting should be invariably stated in the notices calling it; and the notices calling any school meeting, should in all cases be put up six days before holding such meeting. One forin is sufficient for calling a special school section meeting of any kind.

SPECIAL SCHOOL NOTICE. Notice is hereby given to the Freeholders and Householders of School Section No. -, in the Township of, that a Public Meeting will be held at, on the - day of at the hour of of the clock in for the purpose [Here state the object or objects of the meeting.] Dated this day of

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SECTION 7. Form of Agreement between Trustees and Teacher. WE, the undersigned, Trustees of School Section, No.-, in the Township of -, by virtue of the authority vested in us by the 5th clause of the 12th section of the School Act, 13th and 14th Vict., chap. 9, have chosen (Here insert the Teacher's name) who holds a certificate of qualification, to be a Teacher in said School Section; and WE do hereby contract with and employ him, at the rate of (here insert the sum in words, in currency,) per aunum, from and after the day hereof; and we further bind and oblige ourselves, and our successors in office, faithfully to employ the powers with which we are legally invested by the said section of said Act, to collect and pay the said Teacher, during the continuance of this agreement, the sum for which we hereby become bound-the said sum to be paid to the said Teacher (quarterly, &c., as the case may be,) And the said Teacher hereby contracts and binds himself to teach and conduct the School, in said School Section, according to the regulations provided for by the said School Act. This agreement to continue [here insert the period of agreement] from the date thereof. A. B. Dated this day of. C. D. (Witness) E. F. O. K. G. H., Teacher.

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REMARKS. This agreement should be signed by, at least, two of the Trustees, and the Teacher, and should be entered in the Trustees' book, and a copy of it given to the Teacher. The Trustees being a Corporation, their agreement with their Teacher is binding on their Successors in office; and should they refuse or wilfully neglect to exercise the corporate powers vested on them, they would be personally liable for the amount due a Teacher-see 16th clause of the 12th Section. As to the mode of settling disputes between Trustees and a Teacher, see the 17th Section. And, on the other hand, the Teacher is equally bound to faithfulness in the performance of his duties according to law. See section 16; and clause 8, of section 31.

- in the Town

SECTION 8. Form of Warrant for the Collection of School Fees. WE, the undersigned, Trustees of School Section, No. ship of - in the County of , by virtue of the authority vested in us by the 8th clause of the 12th sect. of the Act, 13th and 14th Vict., chap. hereby authorize and require you there insert the name and residence of the person appointed to collect the Rute Bill,) after ten days from the date hereof, to collect from the several individuals in the annexed Rate Bill, for the period therein mentioned, the sum of money opposite their respective names, and to pay, within thirty days from the date hereof, the amount so collected, after retaining your own fees, to the Secretary-Treasurer, whose discharge shall be your acquittance for the sum so paid. And in default of payment on demand by any person so rated, you are hereby authorized and required to levy the amount by distress and sale of the goods and chattels of the person or persons making default. A. B. Given under our hands this C. D.

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RECEIVED from (here insert the person's name,] the sum of [here write the sum in words,) being the amount of his or her] Rate Bill, for the [Month or Quarter, &c., ending on the -day of 18-. Dated this day of A. B., Collector. EXPLANATORY REMARKS on the Imposition and Collection of Rate Bills, &c.1. The Collector should take a Receipt from the Secretary-treasurer, for all moneys paid him. The Secretary-treasurer should also take a Receipt from the Teacher for all moneys paid him. The taking and giving receipts for money paid and received will prevent errors and misunderstandings.

2. The Trustees can raise the School fees by voluntary subscriptions, if they please. They can also appoint the School Teacher to act as Collector, if he chooses to accept of the appointment, and to give the required security. The Trustees can also, if they judge it expedient, impose any Rate Bill which they may think necessary for renting, and repairing and furnishing a School-house, or for the Teacher's salary, upon the inhabitants of their School Section, or they can apply to the Municipality of their Township to impose and collect such rate for those purposes.

3. As the School Accounts of each year must be kept separate by the Chief Superintendent of Schools, so must the Rate Bills. The Rate Bills and the Warrants can be made out for a month, or for one or more Quarters of a year, at the same time, as the Trustees may think expedient.

4. Those parents and guardians who pay the Rate Bills to the Secretary-treasurer, or Collector, within ten days from the date of such Rate Bill, and without being called upon fer it, will be exempt from paying the Collector's Fees.

5. The Collector, by virtue of the Warrant from the Trustees, can enforce payment of the Rate Bill by distress and the sale of goods, from any person who resides, or has Bonds and chattels within the limits of the School Section. For the mode of proceeding the Trustees in case of persous rated, who may not at the time of collecting the Rate Bill reside or have goods and chattels within the limits of the School Secuun, see eleventh division of the 12th Section of the Act.

6. The Trustees should make the apportionment for Fuel in money, as one item in the Rate Bill, and then exercise their own discretion as to whether the item for fuel should be paid in money or wood-fixing the price per cord, to be allowed for the wood, describing the kind of wood, and the manner in which it should be prepared for the School. In case any person should fail to pay the amount of his wood-bill, in the manner and at the time prescribed by the Trustees, the payment should, of course, be enforced in the same manner as that of the School Teacher's wages, and the amount, thus collected, paid for the purchase of wood.

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This Endentare, made the

day of

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in the year of our Lord one thousand eight hundred and in pursuance of the ACT to facilitate the conveyance of Real Property, between --, of the Township [Town or City] of in the County of and Province of Canada, of the first part, and the Trustees of School Section Number, in the Township of in the County -, and Province aforesaid, of the second part, of Wituesseth, that in consideration of -, of lawful money of Cauada, now paid by the Trustees of the School Section aforesaid to the said party of the first part, who hereby grants unto the Trustees of the School Section aforesaid, their Successors and Assigns for ever, all that Parcel of Land, &c.

Is TRUST for the use of a Common School, in and for School Section Number, in the Township of, and in the County and Province aforesaid.

THE said Covenants with the Trustees of the School Section aforesaid, that he hath the right to convey the said Lands to the Trustees of the School Section aforesaid. And that the Trustees of the School Section aforesaid shall have quiet possession of the said Lands: FREE FROM INCUMBRANCES. And the said -COVENANTS

with the Trustees of the School Section aforesaid, that he will execute such further assurances of the said Lands as may be requisite.

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REMARKS. 1. If the Grantor be a married man, his wife's name must be inserted in the Deed, and this phrase added after the word "requisite:" And wife of the said -, hereby bars her dower in the said Lands.

2. When, however, the land has descended to the wife in her own right, she must, besides joining with her husband in the Conveyance, appear before two Justices of the Peace, to declare that she has parted with her estate in the land intended to be conveyed without any coercion or tear thereof by or on the part of her husband; and the Certificates of such Justices must appear on the back of the Conveyance the day of its execution. The form of the Certificate is as follows:-"We the undersigned Justices of the Peace for -, do hereby certify that on this day of , 18, at the within Deed was duly executed in the presence of -, bywife of -, one of the Grantors therein named; and that the said at the said time and place, being examined by us, apart from her husband, did appear to give her consent to depart with her estate in the lands mentioned in the said Deed, freely and voluntarily, and without coercion or fear of coercion on the part of her husband, or of any other person or persons whatsoever." "R. W, J. P. "A. M, J. P."

3. If the Deed be for the Site of a School-house in a City, Town or Incorporated Village, the words, Board of School Trustees for such City, Town or Village should be inserted instead of the words "Trustees of School Section Number", &c., in the foregoing form. See the 24th and 26th Sections of the Act.

SECTION 13. Form of the Annual Report of School Trustees to the Local Superin tendent of Schools.

Note. A copy of a blank form of the Annual School Report to be filled up and forwarded to the Local Superintendent before the 15th of January in each year, will be furnished to each set of Trustees. For the items of information to be included in the Report, see the 19th clause of the 12th Section of the Common School Act, 13th and 14th Vict., chap. 9. According to the thirteenth section of the Act, any Trustee wilfully signing a false report, will render himself liable to a severe penalty; and also, according to the sixteenth clause of the twelfth section, in the event of his refusing or wilfully neglecting, at any time, to perform his duty.

N. B. Remarks on the Duties of Trustees will be found in the General Regulations, chapter VI, section 2. The of School Books authorized by the Council of Public Instruction for Upper Canada, are: The National Books, Lennie and Kirkham's Grammar, and Morse's Geography.

It is to be observed, that, according to the fifteenth clause of the twelfth section, it is the duty of each Corporation of Trustees to procure annually, for the benefit of their School Section, some periodical devoted to Education." The price of such a periodical is, of course, to be charged by the Trustees to the contingent expenses of their School Section, and included in the School Rate.

CHAPTER II.

FORMS FOR TEACHERS OF COMMON SCHOOLS.
SECTION 1. Form of a Teacher's Receipt.

1. Form of a Receipt to Parents or Guardians on the payment of their Rate Bill.

RECEIVED from [here write the name of the Pupil or person paying] the sum of there write the sum in words) currency, in payment of the Rate Bill due from [here write the name of the person in whose behalf payment is made) to School Section No.--, in the Township of for the [month or quarter] ending the day of. Dated this day of A. B., Teacher. REMARKS. When the payment of the Rate Bill is made by the Parent or Guardian concerned, the receipt should state it accordingly.

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The payment of the Rate Bill to the Teacher, within the time which may be prescribed by the Trustees, will exempt the person thus paying it from the payment of the Collector's fees. The Teacher should, of course, apprise the Collector of all payments made to him, so that the Collector may not be at the trouble of calling upon such persons; and should the Teacher not inform the Collector of such payments within the tine prescribed by the Trustees, he should be liable to pay the Collector the usual Fees for the unnecessary trouble imposed upon him by such Teacher's neglect.

2. Form of a Receipt to Trustees.

RECEIVED from the Trustees of School Section No. --, in the Township of- the sum of there write the sum in words] currency, in payment of my salary in part [or in full] for the [month or quarter,] ending the 18-day of A. B., Teacher. SECTION 2. Form of Teacher's Circular Notice of the Quarterly Examination of his School. School Section No.

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SIR.-In conformity with the 3id clause of the 16th Section of the Common School Act, 13th and 14th Vict., Chapt. the Quarterly Examination of the School Section No. -, will be held n day, the of when the pupils of this School will be publiely examined in the several subjects which they have been taught during the quarter now closing. The Exercises will commence at 9 o'clock, A. M., and you are respectfully requested to attend them.

I am, Sir, your obedient Servant, To C. D., School Trustee, or Visitor. A. B., Teacher. REMARKS. A copy of the above Notice ought to be sent to each of the Trustees, and to as many Visitors of the School Section as possible. Clergymen are School Visitors of any Township in which they have pastoral charge; all Judges, Members of the Legislature, Members of the County Council and Justices of the Peace, are School Visitors of the Township in which they reside. The Teacher should address a circular notice to those of them who reside within two or three miles of his School; he is, also, required to give notice, through his pupils, to their Parents and Guardians and to the neighbourhood, of the Examination.

For Holidays and Vacations, see General Regulations, Chapter VI, Section 1. For Remarks on the Duties of Teachers, see the same Chapter, Section 3.

SECTION 3. Form of a Teacher's School Register.

[The form at present in use to be continued.]

NOTE. As the first clause of the thirty-first Section of the Act contemplates the distribution of the School money to the several sections of a Township according to the attend ance of pupils at School, and not according to School population, the Teacher who fais to keep a full and accurate account of the attendance of pupils at his school, lessens me resources of the School Section. No Teacher is entitled to his salary who neglects to keep a full and accurate School register. On the other hand, according to the thirteenth Section of the Act, any Teacher who shall keep a false School Register, or make a false School return, will render himself liable to a severe penalty.

N.B. The order of the Trustees delivered to a Local Superintendent will be the Superintendent's authority and receipt for the cheque upon the County or Sub-Treasurer, and hat cheque will be the Treasurer's receipt for the amount specified on the face of it.

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To apportion moneys granted for the establishment of school libraries.

Proviso: Condition of sharing in such apportionment.

To appoint persons to conduct

teachers' insti

tutes, aud prepare rules and instructions for regulating their proceedings.

To account for moneys, &c.

Tenthly. To apportion whatever sum or sums of money shall be provided by the Legislature for the establishment and support of School Libraries : Provided always, that no aid shall be given towards the establishment or support of any School Library unless an equal amount be contributed and expended from local sources for the same object.

Eleventhly. To appoint proper persons to conduct County Teachers' Institutes, and to furnish such rules and instructions as he shall judge advisable in regard to the proceedings of such Institutes and the best means of promoting their objects, in elevating the profession of school teaching and increasing its usefulness.

Twelfthly. To be responsible for all moneys paid through him in behalf of the Normal and Model Schools, and to give such security for the same as shall be required by the Governor; and to prepare and transmit all correspondence which shall be directed or authorized by the Council of Public Instruction for Upper Canada.

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To make rules for the management and government of the Normal School; to prescribe the terms of admission.

Thirdly. To make from time to time, the rules and regulations necessary for the management and government of such Normal School; to prescribe the terms and conditions on which students shall be received and instructed therein; to select the location of such school, and erect or procure and furnish the buildings therefor; to determine the number and compensation of teachers, and all others who may be employed therein; and to do all lawful things which such Council shall deem expedient to promote the objects. and interests of such school.

Fourthly. To make such regulations from time to time as it shall deem expedient for the organization, government and discipline of Common Schools; the classification of Schools and Teachers, and for School Libraries throughout Upper Canada.

To erect or procure and furnish Normal School buildings

To appoint teachers, &c.

To make regulations for the organization and of government common schools generally.

To examine and recommend books for schools, and for school libraries; Proviso:

Fifthly. To examine, and, at its discretion, recommend or disapprove of text-books for the use of schools, or books for School Libraries: Provided always that no portion of the Legislative School Grant shall be applied in aid of any school in which any book is used that has been disapproved of by the Council, and public notice given of such disapproval.

Sixthly. To transmit annually, through the Chief To account annuSuperintendent of Schools, to the Governor, to be ally. laid before the Legislature, a true account of the receipt and expenditure of all moneys granted for the establishment and support of the Normal School.

XI. MISCELLANEOUS PROVISIONS.

£1500 per annum, granted for the Normal School:

salaries of offi

£1000 per annum to facilitate the attendance of teachers in train

ing.

XXXIX. And be it enacted, That a sum not exceeding fifteen hundred pounds per annum shall be allowed out of the Legislative School Grant for the cers and other contingent expenses of the Normal School; and that a sum not exceeding one thousand pounds per annum be allowed out of the said grant to facilitate the attendance of Teachers in training at the Normal School, under such regulations as shall, from time to time, be adopted by the Council of Public Instruction. XL. And be it enacted, That the sum of money apportioned annually by the Chief Superintendent of Schools to each County, Township, City, Town or Village, and at least equal sum raised annually by local assessment, shall constitute the Common School Fund of such County, Township, City, Town, or Village, and shall be expended for no other purpose than that of paying the salaries

What moneys to constitute the common school

fund.

Conditions of its apportionment.

of qualified Teachers of Common Schools: Provided always, that no County, City, Town or Village shall be entitled to a share of the Legislative School Grant without raising by assessment, a sum at least equal (clear of all charges for collection) to the share of the said School Grant apportioned to it and provided also, that should the Municipal Corporation of any County, City, Town or Village, raise in any one year a less sum than that apportioned to it out of the Legislative School Grant, the Chief Superintendent of Schools shall deduct a sum equal to the deficiency, from the apportionment to such County, City, Town or Village in the following year.

Certain sums to XLI. And be it enacted, That it may and shall be expended for the establishment be lawful for the Governor in Council, to authorize of school libraries the expenditure annually, out of the share of the &c., under certain regulations. Legislative School Grant coming to Upper Canada, of a sum not exceeding three thousand pounds, for the establishment and support of School Libraries, under such regulations as are provided for by this Act; of a sum not exceeding twenty-five pounds in any County or Riding for the encouragement of a Teachers' Institute, under the regulations hereinbefore provided; and of a sum not exceeding two hundred pounds in any one year to procure plans and publications for the improvement of School Architecture and practical Science in connexion with the Common Schools Provided always, that the amount heretofore apportioned in aid of Common Schools to the several Counties, Cities, Towns and Villages in Upper Canada, shall not be lessened by the appropriation of such sums, but they shall be taken out of any additional amount awarded to Upper Canada, out of the said Grant, in consideration of the increase of its population in proportion to that of the whole Province.

Proviso: the amount heretofore apportioned in aid of

common

schools not to be lessened.

The moneys ap- XLII. And be it enacted, That the sum of money portioned annually in aid of com- annually apportioned in aid of Common Schools in mon schools to be the several Counties, Cities, Towns and Villages in payable the first day of July. Upper Canada, shall be payable on or before the first day of July, in each year, to the Treasurer of each County, City, Town and Village, in such way as the Governor in Council shall from time to time direct.

Protection of the common school fund against loss.

XLIII. And be it enacted, That if any part of the Common School Fund shall be embezzled or lost through the dishonesty or faithlessness of any party to whom it shall have been entrusted, and proper security against such loss shall not have been taken, the person or persons whose duty it was to have exacted such security, shall be responsible for the sum or sums thus embezzled or lost, and the same may be recovered from them by Civil Suit in any Court of Law having jurisdiction to the amount claimed, by the party or parties enti

Proviso.

tled to receive such sum or sums, or at the suit of the Crown. Provided always, That if any Secretary-treasurer appointed by the School Trustees of any school division, or any person having been such Secretary-treasurer, and having in his possession any books, papers, chattels, or moneys, which shall have come into his possession, as such Secretary-treasurer, shall wrongfully withhold or refuse to deliver up, or to account for and pay over the same or any part thereof to such person, and in such manner as he may have been lawfully directed by any majority of the School Trustees for such School division then in office, such withholding or refusal shall be a misdemeanor; and upon the application of the majority of such Trustees, supported by affidavit of such wrongful withholding or refusal made by them before some justice of the Peace to the Judge of the County Court, such Judge shall thereupon make an order that such Secretary-treasurer or person having been such, do appear before such Judge at a time and place to be appointed in such order, which shall, by a Bailiff of any Division Court, be personally served on the party complained against, or left with a grown up person at his residence, and at the time and place so appointed, the Judge being satisfied that such service has been made, shall in a summary manner and whether the the party complained of do or do not appear, hear the complaint; and if he shall be of opinion that the complaint is well founded, he shall order the party complained of to deliver up, account for and pay over the books papers chattels or moneys as aforesaid by a certain day, to

be named by the Judge in such order, together with reasonable costs incurred in making such application, as the Judge may tax, and in the event of a noncompliance with the terms specified in the said order or any or either of them, then to order the said party to be forthwith arrested by the Sheriff of any County in which such party shall be found, and be by him committed to the Common Gaol of his County, there to remain without bail or mainprize until such Judge shall be satisfied that such party has delivered up, accounted for or paid over the books, papers, chattels, or moneys in question in the manner directed by the majority of the Trustees as aforesaid, upon proof of his having done which, such Judge shall make an order for his discharge, and he shall be discharged accordingly; provided always, that no proceeding under this proviso shall be construed to impair or affect any other remedy which the said Trustees may have against such Secretary-treasurer, or person having been such, or his sureties.

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Punishment of persons disturb

XLVI. And be it enacted, that any person who shall wilfully disturb, interrupt, or disquiet the pro- ing meetings, &c. ceedings of any school meeting authorized to be hold hy this act or any school established and conducted under its authority, shall for each offence, forfeit for Common School purposes, to the School Section, City, Town or Village, within the limits of which such offence shall have been committed, a sum not exceeding five pounds, and may be prosecuted before any Justice of the Peace, by any person whatever, and convicted on the oath of one credible witness other than the prosecutor, and if convicted, the said penalty shall, if not forthwith paid, be levied with costs by distress and sale of goods and chattels of the offender, under a warrant of such Justice, and paid over by him to the School Treasurer of such Section, City, Town or Village; or the said offender shall be liable to be indicted and punished for the same as a misdemeanor.

Temporary provisions for holding the first elections in cities and towns.

XLVII. And be it enacted, That the first election of Trustees in all the Cities and Towns of Upper Canada, as provided for in the twenty-second section of this Act, shall commence at ten of the clock in the forenoon of the first Tuesday in September, one thousand eight hundred and fifty, and that the places of election in the several Wards of each City or Town, together with the name of the Returning Officer for each such Ward, shall be duly notified, by causing notices to be put up in at least three public places in each such Ward, and not less than six days before such election, by the Mayor of each City and Town respectively: Provided always, that the School Trustees then elected in each City and Town, shall be subject to all the obligations which have been contracted by the present School Trustees of such City or Town; and shall be invested with all the powers conferred by this Act on School Trustees of Cities and Towns for the fulfilment of such obligations, and for the performance of all other duties imposed by this Act.

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2. The parties thus authorized to act as Visitors, have it in their power to exert an immense influence in elevating the character and promoting the efficiency of the schools, by identifying themselves with them, by visiting them, encouraging the pupils, aiding and counselling Teachers, and impressing upon parents their interests and duties in the education of their offspring. In visiting schools, however, Visitors should, in no instance, speak disparagingly of the instructions or management of the Teacher in the presence of the pupils; but if they think it necessary to give any advice to the Teacher, they should do it privately. They are also desired to communicate to the local or Chief Superintendent any thing which they shall think important to the interests of any school visited by them. The law recommends Visitors, "especially to attend the Quarterly Examinations of the Schools." It is hoped that all Visitors will feel it both a duty and a privilege to aid, on such occasions, by their presence and influence. While it is competent to a Visitor to engage in any exercises which shall not be objected to by the authorities of the school, it is expected that no Visitor will introduce, on any such occasion, any thing calculated to wound or give offence to the feelings of any class of his fellow Christians.

3. The local Superintendents are School Visitors, by virtue of their office, and their comprehensive duties, as such, are stated with sufficient minuteness in the 3rd clause of the 31st section of the School Act. While each local Superintendent makes the careful inquiries and examinations required by law, and gives privately to the Teacher and Trustees such advice as he may deem expedient, and such counsel and encouragement to the Pupils, as circumstances may suggest, he will exhibit a courteous and conciliatory conduct towards all persons with whom he is to communicate, and pursue such a line of conduct as will tend to uphold the just influence and authority, both of Trustees and Teachers.

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4. Too strong a recommendation cannot be given to the establishment of Circulating Libraries in the various Townships, and School Sections. A Township Association, with an auxiliary in each School Section, might, by means of a comparatively small sum, supply popular and useful reading for the young people of a whole Township. It is submitted to the serious attention of all School Visitors, as well as Trustees, and other friends of the diffusion of useful knowledge.

SECTION 5. Constitution and Government of Schools in respect to Religious and Moral Instruction.

As Christianity is the basis of our whole system of Elementary Education, that principle should pervade it throughout. Where it cannot be carried out in mixed Schools to the satisfaction of both Roman Catholica and Protestants, the law provides for the establishment of separate Schools. And the Common School Act, fourteenth section, securing individual rights as well as recognizing Christianity, provides, That in any Model of Common School established under this Act, no child shall be required to read or study in or from any religious book, or to join in any exercise of devotion or religion, which shall be objected to by his or her parents or guardians: Provided always, that within this limitation, pupils shall be allowed to receive such religious instruction as their parents or guardians shall desire, according to the general regulations which shall be provided according to law."

In the section of the Act thus quoted. the principle of religious instruction in the schools is recognized, the restriction within which it is to be given is stated, and the exclusive right of each parent and guardian on the subject is secured, without any interposition from Trustees, Superintendents, or the Government itself.

The Common School being a day, and not a boarding school, rules arising from domestic relations and duties are not required and as the pupils are under the care of their parents and guardians on Sabbaths, no regulations are called for in respect to their attendance at public worship. In regard to the nature and extent of the daily religious exercises of the School, and the special religious instruction given to pupils, the COUNCIL OF PUBLIC INSTRUCTION FOR UPPER CANADA makes the following Regulations and Recommendations :

1. The public religious exercises of each school shall be a matter of mutual voluntary arrangement between the Trustees and Teacher; and it shall be a matter of mutual voluntary arrangement between the Teacher and the parent or guardian of each pupil, as to whether he shall hear such pupil recite from the Scriptures, or Catechism, or other summary of religious doctrine and duty of the persuasion of such parent or guardian. Such recitations, however, are not to interfere with the regular exercises of the school.

2. But the principles of religion and morality should be inculcated upon all the pupils of the school. What the Commissioners of National Education in Ireland state as existing in schools under their charge, should characterize the instruction given in each school in Upper Canada. The Commissioners state that in the National Schools the importance of religion is constantly impressed upon the minds of children, through the works calculated to promote good principles and fill the heart with love for religion, but which are so compiled as not to clash with the doctrines of any particular class of Christians." In each school the Teacher should exert his best endeavours, both by example and precept, to impress upon the minds of all children and youth committed to his care and instruction, the principles of piety, justice, and a sacred regard to truth, love to their country, humanity and universal benevolence, sobriety, industry, frugality, chastity, moderation and temperance, and those other virtues which are the ornament of society and on which a free constitution of government is founded; and it is the duty of each Teacher to endeavour to lead his pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above mentioned virtues. in order to preserve and perfect

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His Excellency the GOVERNOR GENERAL has been pleased to sanction the JOURNAL OF EDUCATION as the medium of official notices and communications from the Education Office, Toronto, to all Municipal Councils, Local Superintendents, Trustees, and other persons concerned in the administration of the Common School Law. The next number (which will appear in the course of a week) will contain the official correspondence on this subject; as also the apportionment of the Legislative School Grant, for the present year, to all the Counties, Cities, Townships and Towns in Upper Canada-Official Circulars from the Chief Superintendent of Schools to Wardens of Counties, and Mayors of Cities and Towns, to County Clerks, to Local Superintendents, to School Trustees, and to School Teachers, on the objects and administration of the new School Act.

It is therefore suggested to those County, City, Township, and Town Municipal Councils that have not yet ordered copies of the Journal of Education, for the use of their members, whether it would not be convenient, and contribute to the educational objects which they are anxious to promote, to do so. The same suggestion is made to those Local Superintendents who have not yet availed themselves of this medium of information in the performance of their duties.

The 15th clause of the 12th Section of the new Act makes it the duty of each Corporation of Trustees to procure annually, for the benefit of the School Section, some periodical devoted to education. As a convenience and inducement to Trustees and Teachers subscribing for the Journal of Education, we propose that each Teacher subscribing for it shall have the privilege of advertising in its columns for a School, and each Trustee Corporation subscribing for it shall have the like privilege of advertising for a Teacher. In every such notice, the salary offered to the Teacher, should be stated. This will afford peculiar facilities for Trustees to procure good Teachers, and for Teachers to procure good Schools. No such notice will be inserted from non-subscribers for less than twe

shillings and six pence for each notice.

We would again remind all parties concerned, that the Journal of Education is edited gratuitously; that every six pence received for it from any source whatever, is placed to the credit of what is termed the "Journal of Education Fund" that if the sums received are not sufficient to defray the mechanical expenses of publication, (as has hitherto been the case) the Chief Superintendent of Schools pays the balance out of his own pocket; and that whenever the sums received shall be more than sufficient to pay the ordinary mechanical expenses of publication, the overplus will be expended in procuring various illustrative engravings and otherwise adding to the value and usefulness of the Journal.

Under all these circumstances, we venture to hope for a large increase in the circulation of the Journal of Education—using every means in our power to make it a safe expositor of the law, the Trustee's manual, the Teacher's friend, a select miscellany, and general educational intelligencer.

N. B. A copy of this and the ensuing number of the Journal of Education will be sent to each of the Municipal Councils in Upper Canada, and each local Superintendent whose address is known at this office; also a sufficient number to the Clerk of each County to supply (through the local Superintendents or otherwise) a copy, to each of the Trustee Corporations in the several townships of their respective Counties.

Toronto: Printed and Published by THOMAS H. BENTLEY, at 5s per annum, and may be obtained from ANSON GREEN, HUGH SCOBIE, and A. H. ARMOUR & Co., Toronto; R. D. WADSWORTH, General Agent for Canada: J. McCoy, Montreal; and D. M. DEWEY, Arcade Hall, Rochester, N. V.

Back Numbers supplied to all new subscribers.

All Communications to be addressed to Mr. HODGINS, Education Office,

Toronto.

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