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TITLE V.

PUBLIC INSTRUCTION.

CHAPTER FIRST.

INTERPRETATIVE AND DECLARATORY.

SECTION I.

INTERPRETATIVE.

1860. In this title the following words, terms and expres- Interpretation sions, wherever found therein, have the sense, meaning and of words: application assigned to them, respectively, by this article:

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schools."

1. The terms "schools," common schools," and "public "Schools." schools," designate elementary schools, model schools, acad- "Common emies and every school under the control of school commis- "Public sioners or trustees. C. S. L. C., c. 15, s. 138; 40 V., c. 22, s. 1; schools." 51-52 V., c. 36, s. 1.

2. The terms "superintendent of education" and "super- "Superintenintendent," apply to the superintendent of public instruction. dent of edu-, 40 V., c. 22, s. 2.

cation, &c."

3. The term "teacher" or "professor" applies to female "Teacher." teachers and to all persons, whether lay or religious, teaching "Professor." in virtue of this title. C. S. L. C., c. 15, ss. 112 and 138; 51-52 V., c. 36, s. 2.

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Religious minority."

4. The terms "religious majority" and "religious minority' "Religious mean the Roman Catholic or Protestant majority or minority, majority. as the case may be. 32 V., c. 16, s. 38. 5. The term " school municipality" means any territory School muerected into a municipality for the support of schools under nicipality." the control of school commissioners or trustees. 51-52 V. c. 36, s. 3.

6. The term "school corporation" means indifferently cor- "School corporations of commissioners or of trustees. 51-52 V., c. 36, s. 3. poration." 7. The term "rate-payer" means any proprietor, lessee, "Rate-payer' occupant, inhabitant or other individual who, by reason of the taxable property which he owns or occupies in a municipality, is liable for the payment of school taxes. 51-52 V., c. 36, s. 3

8. The terms "valuator" and "assessor" mean any person "Valuator." appointed by school commissioners or trustees or by the Lieu- "Assessor." tenant-Governor in Council to value the taxable property of the school municipality. 51-52 V., c. 36, s. 3.

"Guardian."

"Auditor" "Verifier."

"Audit."

"School
office."
"School
duties."
"Taxable
property.
"Absent."

"School year."

"Month."

9. The term "guardian" means:

1. The guardian appointed to a seizure,

2. Any person who has the care or control of one or more children of school age. 51-52 V., c. 36, s. 3. 10. The terms "auditor" and "verifier" mean any person appointed by school commissioners or trustees, the superintendent, or the Lieutenant-Governor in Council to revise or examine the accounts or financial statements of secretarytreasurers. 51-52 V., c. 36, s. 3.

11. The term "audit" means the examination or revision of the accounts of secretary-treasurers by an auditor or verifier, the production of vouchers in support of such accounts, and the report made by such auditor or verifier. 51-52 V., c. 36, s. 3. 12. The terms "school office" or "school duties offices or duties filled or performed by persons charged with the enforcement of this title. 51-52 V., c. 36, s. 3.

mean all

13 The term "taxable property" means and includes the real property liable for school taxes. 51-52 V., c. 36, s. 3. 14. The term "absent" means all persons whose domicile is without the limits of the school municipality; nevertheless, any person, corporation, railway or other company, which has any place of business whatsoever within the municipality, shall be deemed present or domiciled in such municipality: but such person is not eligible for the position of school commissioner or trustee. 51-52 V., c. 36, s. 3.

15. The term "school year" means the twelve months from the first of July of one year to and including the thirtieth of June of the next year. 51-52 V., c. 36, s. 3.

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means a calendar month. 51-52 V.,

SECTION II.

Majority to be a quorum.

Powers of majority.

Application

of certain powers.

DECLARATORY.

§1.-Quorum of School Corporations.

1861. The quorum of any corporation, board or body constituted under this title shall, unless otherwise provided, be an absolute majority of all the members thereof.

The majority of the members present at any meeting regularly held, at which there is a quorum, may validly exercise all the powers of the corporation. C. S. L. C., c. 15, s. 135.

§ 2. Similarity of the powers and duties of School Commissioners and Trustees.

1862. Any powers given to or any obligation imposed upon school commissioners also apply to trustees of dissentient schools in reference to the schools and school districts under their control. C. S. L. C., c. 15, s. 55 § 2.

§3.-Documents signed by Superintendent and Secretaries.

1863. All documents, whether originals or copies, signed Authenticity or certified by the superintendent of public instruction, shall of documents signed by sube prima facie evidence of the truth of what is therein stated. perintendent. C. S. L. C., c. 15, s. 25.

signed by

1864. All documents, whether originals or copies, signed Authenticity by a secretary or assistant secretary of the department of of documents public instruction, shall be authentic, and shall make proof of secretary. their contents without it being necessary to prove the signature. 39 V., c. 15, s. 9.

§4.-Appointments by the Lieutenant-Governor.

1865. No failure to elect any officer, or to levy any Failure to tax, shall prevent the execution of any provision of this elect any offcer or to levy title, which shall, in any such case, be carried into effect by taxes the Lieutenant-Governor in Council, by means of the superin- provided for. tendent of public instruction, and of school commissioners or trustees, valuators, teachers and other functionaries, authorized to that end by law. C. S. L. C., c. 15, s. 136.

make ap

appointed.

1866. In the case of the preceding article, commissioners Lieutenantor trustees may be appointed by the Lieutenant-Governor in Governor to Council, at the instance of the superintendent of public pointments. instruction. They shall have the right of appointing valu- Powers of ators, teachers, and other officers, all of whom, in their persons so several capacities, shall have respectively all the rights, powers and authority, which, under this title, would have been possessed by the persons who ought to have been elected or to have acted under the like names of office or with similar functions, and shall have the same duties and be liable to the same penalties. C. S. L. C., c. 15, s. 136.

ments.

1867. Whenever school commissioners or trustees are ap- Effect of such pointed by the Lieutenant-Governor in Council, the school appoint commissioners or trustees, previously in office, shall, from the date of such appointment, cease to possess any power or to act as such; so also shall all valuators and other officers арpointed by, or acting under, them. C. S. L. C., c. 15, s. 137.

So, annul

Governor may annul

make others.

1868. The Lieutenant-Governor in Council may, at all Lieutenanttimes, and as often as he deems it necessary to do the appointment of commissioners or trustees made by him such appointand that of the other officers acting under them, and may ap- ments and point other commissioners or trustees in their stead, who shall proceed to appoint officers to perform the duties pertaining to their office, and, during their incumbency in the said office, to do all those things which their predecessors have neglected or refused to do. C. S. L. C., c. 15, s. 57 § 4, and s. 137 § 2.

Posting in

§ 5.-Public Notices.

1869. The publication of a public notice for school purplaces indi- poses is made by posting up a copy of such notice at two different places in the municipality, from time to time indicated by resolution of the school corporation.

cated.

Posting if no places indi

cated.

Posting
at Catholic
church, if
any.

Localities fixed where

notices to be read.

Effect of omission to read.

Publication

in newspapers.

Notice not to

be published in two languages in

same news

paper. Seven clear

days' notice required.

Public notice

rate-payers,

In default of localities indicated by the school corporation, the public notice must be posted upon or near the principal door of at least one place of public worship, if any there be, and at some other place of public resort, in such municipality.

In either case, if there is a Roman Catholic church in the municipality, the notice must be posted upon or near the principal door of such church. 51-52 V., c. 36, s. 4.

1870. The school corporation may also, by resolution, fix one or more localities in the municipality, or in a neighboring city, town or village municipality, if such city, town or village municipality forms part of the same parish or of the same township, in which any public notice must be read out aloud, in a distinct manner, on the Sunday next following the day on which the same was published, at the close of divine service, if such service has been held.

The omission to read such notice does not invalidate the publication of the notice, but the persons who were bound or who undertook to read it thereby incur a penalty of not less than two or more than ten dollars. 51-52 V., c. 36, s. 4.

1871. Every time a notice is ordered to be published in one or more newspapers, such notice must be inserted in newspapers published at least once a week in the county, if any there be, if not, in newspapers of the district, or of the neighboring district if no newspapers are published in the first district.

The same rule applies when such notice must appear in two newspapers published in different languages. 51-52 V., c. 36, s. 4.

1872. No notice can be inserted in English and in French in a newspaper published in one of these languages only. 5152 V., c. 36, s. 4.

1873. Every public notice convening any public meeting or for any object whatever, must be given and published seven clear days before the day appointed for such meeting or other proceeding, except in cases otherwise provided for. 51-52 V., c. 36, s. 4.

1874. Public notices are applicable to and binding upon binding upon proprietors or rate-payers domiciled out of the municipality, in the same manner as they are upon residents, except in cases otherwise provided for. 51-52 V., c. 36, s. 4.

&c.

§ 6.-Teaching of Drawing in Schools.

1875. Drawing shall, as far as possible, be taught in all Teaching of schools. 40 V., c. 22, s. 32.

drawing.

Council of

1876. The Council of Arts and Manufactures, in addition Rules of to the regulations which it is authorized to make by law, shall Arts and further make regulations for the establishment of a system of Manufactures teaching drawing in all its branches, and cause it to be fol- to that effect. lowed in the schools under the control of school commissioners and trustees. The council shall determine the manner and method to be followed in teaching drawing, shall approve the text-books, drawing-books, maps or plans to be used in each school for that purpose, and, as far as possible, make such system uniform.

necessary.

Such regulations shall be submitted to the approval of the Approval Roman Catholic or Protestant Committee of the Council of Public Instruction, as the case may be.

and coming

After they have been approved, the superintendent shall Publication cause them to be published in the Quebec Official Gazette, into force. and they shall then come into force. 40 V., c. 22, s. 33; 50 V., c. 5, s. 3.

§ 7.-School Exhibitions.

exhibitions.

ing the same.

1877. The Lieutenant-Governor in Council may, on the re- School commendation of the Council of Public Instruction, or on the report of the superintendent, make, adopt and promulgate Rules governregulations for holding, establishing, directing and maintaining school exhibitions, and may appoint one or more commis- Appoint comsioners for that purpose, whose duty it shall be to obey the instructions given by the Lieutenant-Governor in Council; and such regulations shall be published in the Quebec Official Publication Gazette. 40 V., c. 22, s. 52; 50 V., c. 5, s. 3.;

§ 8.-Holidays in Schools.

missioners.

thereof.

1878. Saturday is declared to be a holiday in every school Saturday to be a holiday under the control of commissioners or trustees, unless a regu- in schools. lation to the contrary be adopted by the commissioners or trustees and approved by the superintendent; but such regulation may, at any time, be repealed by the superintendent, or by the commissioners or trustees after notice duly given by the latter to the superintendent.

olic or Pro

The Roman Catholic and Protestant Committee may, with Roman Caththe approval of the Lieutenant-Governor, fix the other holi- testant Comdays in the schools under their respective control. 41 V., c. 6, mittee to fix s. 9; 51-52 V., c. 36, s. 5.

other holidays.

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