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Inspector of Houses of public entertainment; and such Inspectors shall

be subject in the same manner as other Municipal Officers, to any To be subject to By-laws to be made by the Council of the Municipality touching their by-laws.

duties or remuneration,the security they shall give, and other like matters; and vacancies in the office of Inspector shall be filled in like

manner as vacancies in the office of Councillor Duties of such VI. And be it enacted, That it shall be the duty of such Inspectors to inspectors. see that the By-laws of the Municipality are complied with as regards

the persons to whom Licenses to keep Houses of Public entertainment and to retail spirituous liquors therein are to be issued ; and for this purpose the said Inspectors shall, after such previous visits and exami

nations as they may think proper, meet at such time in each year Meetings.

before the first day of March, and at such place as they shall think meet, or at such time and place before the said day as the Council of the Municipality shall have appointed by By-law, for the purpose of determining what persons have under the By-laws' in that behalf qualified

themselves to obtain such Licenses, and to give certificates to such perCertificates.

sons, which shall state the sum payable by such persons respectively, for such Licenses, under the By-laws of the Municipality; and upon the production of such certificate and payment of the said sum and of the duty imposed by the said Act of the Parliament of Great Britain,

to the proper Revenue Inspector, he shall issue Licenses to such persons Licenses.

respectively for the purposes aforesaid, which Licenses shall be in force from the date thereof until the last day of February, in the then next

year, and no such License shall be issued in favor of any person unless Proviso : if the he shall produce such certificate as aforesaid : Provided always, that if number of li.., the number of persons who shall have complied with the requirements censes be limited,

of the By-laws made in that behalf, shall be greater :han the number of persons to whom Licenses may be issued under such By-laws, the Inspectors shall determine, (subject to any By-laws passed for their guidance in this behalf) to which of such persons Licenses may be

granted with most advantage to the public. Further duties of VII. And be it enacted, That the said Inspectors shall perform similar inspectors. duties with regard to Inns, Ale and Beer Houses, Victualling houses,

Ordinaries, and eating-houses, and other establishments of like nature,

which by the By-laws of the Municipality shall require licenses: And How to be per

such duties shall be performed in such manner as shall be directed by formed.

such By-laws, and such licenses shall be issued at such times, for such

periods and by such officer as shall be directed by such By-laws: Inconsistent enactments

And any provision of law vesting in any other functionary any power repealed. hereby vested in the Inspectors aforesaid, or otherwise inconsistent with

this Act, is hereby repealed. Majority of VIII. And be it enacted, That any majority of the said Inspectors inspectors may

may exercise all the powers of the Inspectors, and the said Inspectors
shall have full power to adjourn any meeting from day to day or
to any future day: and if on any question the Inspectors shall be
equally divided, the Mayor or Town-Reeve, or in his absence the
functionary performing his duties, shall vote thereon and decide the
same, unless and until other provision be made for this . purpose
(as it may be) by the By-laws of the Municipal Corporation of the

place. Municipal

IX. Provided always, and be it enacted, That nothing herein contained officers ipay be shall be construed to prevent the Governor in Council from appointing appointed to issue licenses.

ary Municipal Officer or other person to issue licenses for keeping houses of public entertainment and retailing spirituous liquors therein, in any Municipality, if he shall think proper to appoint such officer or person to perform that duty instead of the Revenue Inspector,

act.

189

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An Act for the better establishment and maintainence of Common Schools in

Upper Canada.

[Passed 24th July, 1850.] W H EREAS it is expedient to make provision for the better estab

Preamble. V lishment and maintenance of Common Schools in the several Villages, Towns, Cities, Townships and Counties of Upper Canada : 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, That the Act of the Parliament of this Province, Two Acts passed in the seventh year of Her Majesty's Reign, and intituled, An repealed. Act for the betler establishment and maintenance of Common Schools in Upper Canada, and also the Act passed in the twelfth year of Her Majesty's reign, chapter eighty-three, and intituled, An Act for the better Establishment and maintainence of Public Schools in Upper Canada, and for repealing the present School Act, shall be, and the same are hereby repealed : Provided always, nevertheless, firstly, that no Act or part of Proviso. an Act repealed by either of the Acts hereby repealed, shall be revived by the passing of this Act: And provided also, secondly, that the repeal all scho

epeal All school divis of the said Acts shall not extend or be construed to extend to any act sions, elections. done, any penalty incurred, or any proceeding had under the said Acts, appointments,

contracts, &c., or either of them: And provided also, thirdly, that all School Sections confirmed. or other School divisions, together with all elections and appointments to office, all agreements, contracts, assessments, and rate-bills, made under the authority of the said Acts, or of any preceding Act, and not annulled by the said Acts or by this Act, or by any of ihem, shall be valid and in full force and binding upon all parties concerned, as if made under the authority of this Act, and shall so continue until altered, modified, or suspended, according io the provisions of this Act: And provided also, fourthly, that nothing herein contained shall affect the liability of any District, County, City, Town, or Township Superiniendent of Common Schools, to ihe Municipal Corporation to which he would otherwise be responsible for the same, for any moneys received by him under either of ihe said Acts; but the liabilities of every such Superintendent for such moneys shall be and remain as if this Act had not been passed : And provided also, fifthly, that nothing in the said Act secondly above recited, contained, shall extend, or be construed 10 extend, to have repealed any Act of ihe Parliament of this Province, whereby provision was made for the appropriation of money from the Consolidated Revenue Fund of this Province, for or towards the establishment and maintenance of Common Schools in this Province, or in any part thereof.

FIRST-ELECTION AND DUTIES OF SCHOOL TRUSTEES. II. And be it enacted, That the annual meetings for the elections of Annual school School Trustees, as hereinafter provided by this Act, shall be held in meetings.

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ing.

all the Villages, Towns, Cities, and Townships of Upper Canada, on
the second Wednesday in January, in each year, commencing at the

hour of Ten of the clock in the forenoon.
One Trusuee in III. And be itenacted, That in all School divisions (except in Cities,
each.school sec. Towns and Incorporated Villages) which have been established accord-

ing to law, and which have been called “ School Sections, and in
which there shall be three Trustees in office at the time this Act shall
come into force, one Trustee shall be elected to office at each ensuing

annual school meeting, in place of the one who shall have been three Proviso: as to

years in office: Provided always, that the same individual, if willing, re-election. may be re-elected: And provided also, that no School Trustee shall be

re-elected, except by his own consent, during the four years next after

his going out of office.
Mode of calling IV. And be it enacted, That whenever any school section shall be
the first school formed in any Township, as provided in the eighteenth section of this
meeting in a new
section.

Act, the Clerk of the Township shall communicate to the person
appointed to call the first school meeting for the election of Trustees,
the description and number of such school section; and such person
shall, within twenty days thereafter, prepare a notice in writing, describ-
ing such section, and appointing a time and place for the first school sec-
tion meeting, and shall cause copies of such notice to be posted in at least
three public places in such school section, at least six days before the

time of holding such meeting.
Mode of proceed- V. And be it enacted, That at every such first school section meeting,
ing at first meet- the majority of the freeholders or householders of such school section

present, shall elect one of their own number to preside over the pro-
Election of ceedings of such meeting, and shall also appoint a Secretary, whose
Chairman and.. duty it shall be to record all the proceedings of such meeting; and the
Secretary ; their
duties.

Chairman of such meeting shall decide all questions of order, subject
to an appeal to the meeting, and shall give the casting vote in case of
an equality of votes, and shall have no vote except as Chairman, and
shall take the votes in such manner as shall be desired by the majority

of the electors present, and shall at the request of any two electors, A poll when to grant a poll for recording the names of the voters by the Secretary : be granted.

and it shall be the duty of the electors present at such meeting, or a

majority of them, to elect from the freeholders or householders in such Three Trustees section, three Trustees who shall respectively continue in otfice as folto be elected.

lows: the last person elected shall continue in office until the next Order of retiring ensuing annual school meeting in such section, and until his successor from Office.

is elected; the second person elected, one year, and the first person

elected, two years, from such next ensuing annual school meeting, and Proviso.

until their successors are elected respectively : Provided always, that a
correct copy of the proceedings of such first school section meeting,
and of every annual school section meeting, signed by the Chairman
and Secretary, shall be forth with transmitted by the Secretary to the

Local Superintendent of Schools.
Proceedings at VI. And be it enacted, That at every annual school section meeting
annual meetings.

in any Township, as authorized and required to be held by the second
section of this Act, it shall be the duty of the freeholders or household-

ers of such section, present at such meeting, or a majority of them, Chairman aud Firstly.To elect a Chairman and Secretary, who shall perform the Secretary. duties required of the Chairman and Secretary, by the fisth section of

this Act. Annual financial Secondly.To receive and decide upon the report of the Trustees, as report.

authorized and provided for by the eighteenth clause of the twelfth Election of Truss section of this Act.

Thirdly. To elect one or more persons as Trustee or Trustees, to fill

tees..

up the vacancy or vacancies in the Trustee Corporation, according to law: Provided always, that no Teacher in such section shall hold the office of School 'Trustee. Fourthly. To decide upon the manner in which the salary of the Expenses of the

School. Teacher or Teachers, and all the expenses connected with the opera- * tion of the School or Schools, shall be provided for.

VII. And be it enacted, That if any person offering to vote at an Challenging annual or other school section meeting, shall be challenged as unquali- volers. fied by any legal voter in such section, the Chairman presiding at such meeting shall require the person so offering, to make the following declaration :

"I do declare and affirm that I am a freeholder (or householder) in Declaration 6 this school section, and that I am legally qualified to vote at this required. meeting.” :

And every person making such declaration, shall be permitted to vote on all questions proposed at such meeting ; but if any person shall refuse to make such declaration, his vote shall be rejected: Provided Proviso : false

declaration for always, that every person who shall wilfully make a false declaration

voting illegally. of his right to vote, shall be deemed guilty of a misdemeanour, and punishable by fine or imprisonment, at the discretion of any Court of Quarter Sessions, or by a penalty of not less than One Pound Five Shillings, or more than Two Pounds Ten Shillings, to be sued for and recov- Mode of recoverered, with costs, by the Trustees of the school section, for its use, before

es of the school section for its use before ing penalty. any Justice of the Peace, having jurisdiction within such school section.

VIII. And be it enacted, That if any person chosen as Trustee, shall Refusing to serve refuse to serve, he shall forfeit the sum of One Pound Five Shillings; as Trustee. and every person so chosen and not having refused to accept, who shall at any time refuse or neglect to perform the duties of his office, shall forfeit the sum of Five Pounds; which sum or sums may be sued for and recovered by the Trustees of the school section, for its use, before any such Justice of the Peace: Provided always, that any person chosen Proviso : resignas Trustee may resign with the consent of his colleagues in office and ing as Trustee. of the Local Superintendent, expressed in writing.

IX. And be it enacted, That in case no annual or other school section Not giving due meeting be held for want of the proper notice, the Trustees or other notice of meet

ings. person whose duty it was to give such notice, shall respectively or individually forfeit the sum of One Pound Five Shillings, to be sued for and recovered for the purposes of such school section, on the complaint Mode of recover

ing penalty. of any resident in such section, before any such Justice of the Peace: Provided always, that in the default of the holding of any school section meeting, as hereinbefore authorized by this Act, for want of the proper notice, then any two freeholders or householders in such section, are hereby authorized, within twenty days after the time at which such meeting should have been held, to call such meeting by giving six days' Mode of calling notice, to be posted in at least three public places in such school sec- ineeting in

default of annual tion; and the meeting thus called shall possess all the power, and per

meeting, &c. form all the duties of the meeting in the place of which it shall have been called.

X. And be it enacted, That the Trustees in each school section shall Trustees to be a be a Corporation, under the name of “ The Trustees of School Section Corporation. Number , in the Township of

, in the County :” Provided always, that no such Corporation of any Proviso. school section shall cease by reason of the want of Trustees, but in case of such want, any two freeholders or householders of such section shall have authority, by giving six days' notice to be posted in at least three public places in such section, to call a meeting of the freeholders or Mode of electing householders, who shall proceed to elect three Trustees, in the manner new?

of

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prescribed in the fifth section of this Act, and the Trustees thus elected
shall hold and retire from office in the manner prescribed for Trustees

elected under the authority of the said fifth section of this Act.
Mode of deciding XI. And be it enacted, That in any case of difference as to the site of
on the site of a
school house.

a school-house between the majority of the Trustees of a school section
and a majority of the freeholders or householders, at a special meeting
called for that purpose, each party shall choose one person as arbitrator,
and the two arbitrators thus chosen, and the local Superintendent, or
any person appointed by him to act on his behalf, in case of his inability

to attend, or a majority of them, shall finally decide on the matter. Duties of

XII. And be it enacted, That it shall be the duty of the Trustees of Trustees.

each school section : Secretary

Firstly.To appoint one of themselves, or some other person, to be Treasurer : his

Secretary-Treasurer to the Corporation ; and it shall be the duty of such duties.

Secretary-Treasurer to give such security for the correct and sase keeping
and forthcoming (when called for) of the papers and moneys belonging
to the Corporation, as may be required by a majority of the Trustees ; 10
keep a record of all their proceedings, in a book procured for that pur-
pose; to receive and account for all school moneys collected by rate-bill,
subscription, or otherwise, from the inhabitants of such school section;
to disburse such moneys in such manner as may be directed by the

majority of the Trustees.
Collector : his Secondly. To appoint, if they shall think it expedient, a Collector
duties.

(who may also be Secretary-Treasurer), to collect the rates they have
imposed, or shall impose upon the inhabitants of their school section,

or which the said inhabitants may have subscribed; and to pay such His remune

Collector, at the rate of not less than five or more than ten per cent. on ration.

the moneys collected by him for his trouble in collecting ; and every To give security Collector shall give such security as may be satisfactory to the Trustees,

and shall have the same powers, by virtue of a warrant, signed by a
majority of the Trustees in collecting the school-rate or subscription,
and shall proceed in the same manner as ordinary Collectors of County

and Township rates or assessments.
Trustees to have Thirdly.-To take possession and have the custody and safe keeping
the keeping of of all Common School property, which may have been acquired or
the school pro.
perty.

given for Common School purposes in such section, and to acquire and
hold as a Corporation, by any title whatsoever, any land, moveable
property, moneys or income for Common School purposes, until the
power hereby given shall be taken away or modified, according to law,
and to apply the same according to the terms of acquiring or receiving

them.
Providing school Fourthly.To do whatever they may judge expedient with regard to
premises. the building, repairing, renting, warming, furnishing and keeping in

order the section school-house, and its appendages, wood-house, privies,

enclosures, lands, and moveable property which shall be held by them, books.

and for procuring apparatus and text books for their School ; also, to
rent, repair, furnish, warm, and keep in order a school-house and its
appendages, if there be no suitable school-house belonging to such

section, or if a second school-house be required.
Teachers. Fifthly.To contract with and employ all Teachers for such school

section, and determine the amount of their salaries ; and to establish,
if they shall deem it expedient, by and with the consent of the local

Superintendent of schools, both a female and male school in such
Female school.

section, each of which shall be subject to the same regulations and

obligations as common schools generally. Ordersto

Sicthly.--To give the Teacher or Teachers employed by them the Teachers for money.

necessary order or orders upon the Local Superintendent for the School

Powers.

Apparatus and

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