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.

Majority of inspectors may

act.

Municipal

officers inay be appointed to issue licenses.

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

VI. And be it enacted, That it shall be the duty of such Inspectors to 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 examinations as they may think proper, meet at such time in each year 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 persons, 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 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 he shall produce such certificate as aforesaid: Provided always, that if the number of persons who shall have complied with the requirements of the By-laws made in that behalf, shall be greater than 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.

VII. And be it enacted, That the said Inspectors shall perform similar 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 such duties shall be performed in such manner as shall be directed by 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: And any provision of law vesting in any other functionary any power hereby vested in the Inspectors aforesaid, or otherwise inconsistent with this Act, is hereby repealed.

:

VIII. And be it enacted, That any majority of the said Inspectors 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.

IX. Provided always, and be it enacted, That nothing herein contained shall be construed to prevent the Governor in Council from appointing any 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.

189

COMMON SCHOOLS.

ACT 13 & 14 VIC., CAP. 48.

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

[Passed 24th July, 1850.]

WHEREAS it is expedient to make provision for the better estab

Preamble.

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 better 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

contracts, &c.,

by the passing of this Act: And provided also, secondly, that the repeal All school diviof 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, 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 them, 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 to 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 Superintendent of Common Schools, to the Municipal Corporation to which he would otherwise be responsible for the same, for any money's received by him under either of the 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 to extend, to have repealed any Act of the 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.

One Trusuee in

tion to be elected.

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.

III. And be it enacted, That in all School divisions (except in Cities, each school sec- Towns and Incorporated Villages) which have been established according 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 years in office: Provided always, that the same individual, if willing, 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.

Proviso as to re-election.

Mode of calling the first school meeting in a new section.

Mode of proceeding at first meet

ing.

Election of
Chairman and

duties.

A poll when to be granted.

IV. And be it enacted, That whenever any school section shall be formed in any Township, as provided in the eighteenth section of this 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, describing such section, and appointing a time and place for the first school section 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.

V. And be it enacted, That at every such first school section meeting, the majority of the freeholders or householders of such school section present, shall elect one of their own number to preside over the proceedings of such meeting, and shall also appoint a Secretary, whose Secretary; their duty it shall be to record all the proceedings of such meeting; and the 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, grant a poll for recording the names of the voters by the Secretary: 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 section, three Trustees who shall respectively continue in office as follows the last person elected shall continue in office until the next ensuing annual school meeting in such section, and until his successor is elected; the second person elected, one year, and the first person elected, two years, from such next ensuing annual school meeting, and 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 forthwith transmitted by the Secretary to the Local Superintendent of Schools.

Three Trustees

to be elected.

Order of retiring

from Office.

Proviso.

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 householders of such section, present at such meeting, or a majority of them—

Chairman aud
Secretary.

Annual financial report.

Election of 'Trustees.

Firstly. To elect a Chairman and Secretary, who shall perform the duties required of the Chairman and Secretary, by the fifth section of this Act.

Secondly. To receive and decide upon the report of the Trustees, as authorized and provided for by the eighteenth clause of the twelfth section of this Act.

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

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.

School.

Fourthly. To decide upon the manner in which the salary of the Expenses of the Teacher or Teachers, and all the expenses connected with the operation 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- voters. 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 "this school section, and that I am legally qualified to vote at this required. meeting."

declaration for voting illegally.

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

Not giving due notice of meet

ings.

IX. And be it enacted, That in case no annual or other school section meeting be held for want of the proper notice, the Trustees or other 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 recoverof any resident in such section, before any such Justice of the Peace: ing penalty. Provided always, that in the default of the holding of any school section meeting, as herein before 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' notice, to be posted in at least three public places in such school section; and the meeting thus called shall possess all the power, and perform all the duties of the meeting in the place of which it shall have been called.

of

Mode of calling meeting in

default of annual meeting, &c.

Trustees to be a
Corporation.

Proviso.

X. And be it enacted, That the Trustees in each school section shall be a Corporation, under the name of "The Trustees of School Section Number in the Township of in the County "Provided always, that no such Corporation of any 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 Trustees.

Mode of deciding on the site of a school house.

Duties of
Trustees.

SecretaryTreasurer: his duties.

Collector: his duties.

His remuneration.

To give security.

Powers.

Trustees to have

the keeping of the school property.

Providing school premises.

Apparatus and books.

Teachers.

Female school.

Ordersto

Teachers for

money.

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.

XI. And be it enacted, That in any case of difference as to the site of 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.

XII. And be it enacted, That it shall be the duty of the Trustees of each school section :

Firstly. To appoint one of themselves, or some other person, to be Secretary-Treasurer to the Corporation; and it shall be the duty of such Secretary-Treasurer to give such security for the correct and safe 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; to keep a record of all their proceedings, in a book procured for that purpose; 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.

Secondly. To appoint, if they shall think it expedient, a Collector (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 Collector, at the rate of not less than five or more than ten per cent. on the moneys collected by him for his trouble in collecting; and every 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.

Thirdly. To take possession and have the custody and safe keeping of all Common School property, which may have been acquired or 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.

Fourthly. To do whatever they may judge expedient with regard to 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, 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.

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 section, each of which shall be subject to the same regulations and obligations as common schools generally.

Sixthly. To give the Teacher or Teachers employed by them the necessary order or orders upon the Local Superintendent for the School