Fund apportioned and payable to their school section: Provided always, that the Trustees of any school section shall not give such order in behalf of any Teacher who does not, at the time of giving such order, hold a legal certificate of qualification.

salaries of

school.

And for

Seventhly. To provide for the salaries of Teachers and all other Providing for expenses of the School, in such manner as may be desired by a majority Teachers and of the freeholders or householders of such section, at the annual school expenses of the meeting, or a special meeting called for that purpose, and to employ all lawful means, as provided for by this Act, to collect the sum or sums required for such salaries and other expenses; and should the sums thus provided be insufficient to defray all the expenses of such school, the Trustees shall have authority to assess and cause to be collected any additional rate, in order to pay the balance of the Teacher's salary, and other expenses of such school.

deficiencies.

rate-bill list and

Eighthly. To make out a list of the names of all persons rated by. To make out a them for the school purposes of such section, and the amount payable Warrant. by each, and to annex to such list a Warrant directed to the Collector of the school section, for the collection of the several sums mentioned in such list: Provided always, that any school-rate imposed by Trustees, Proviso: such according to this Act, may be made payable monthly, quarterly, half-rate-bill how yearly, or yearly, as they may think expedient.

-

Ninthly. To apply to the Municipality of the Township, or employ their own lawful authority, as they may judge expedient, for the raising and collecting of all sums authorized in the manner herein before provided, to be collected from the freeholders and householders of such section, by rate, according to the valuation of taxable property, as expressed in the Assessor's or Collector's Roll; and the Township Clerk or other officer having possession of such roll is hereby required to allow any one of the Trustees or their authorized Collector, to make a copy of such roll, as far as it shall relate to their school section.

Tenthly. To exempt wholly or in part, from the payment of schoolrates, such indigent persons as they shall think proper, and the amount of the same shall be a charge upon the other rateable inhabitants of the school section, and shall not be deducted from the salary of a Teacher.

payable.

ing.

Eleventhly. To sue for and recover by their name of office, the To sue defaulters. amounts of school-rates or subscriptions due from persons residing without the limits of their school section, and making default of payment. Twelfthly.-To appoint the place of each annual school meeting, and To fix the place of to cause notices to be posted in at least three public places of such the school meetsection, at least six days before the time of holding such meeting; to call and give like notices of any special meeting of the freeholders or To call special householders of such section, for the filling up of any vacancy in the meetings. Trustee Corporation, occasioned by death, removal, or any other cause whatever, or for the selection of a new school site, or for any other school purpose, as they may think proper; to specify the object or objects of such meeting; which meeting shall be organized, and its proceedings ing special recorded in the same manner, as those of an annual school meeting; and a copy of them, in like manner, shall be transmitted to the local Superintendent: Provided always, that in case of a vacancy in the office Proviso: of any of the Trustees, during the period for which they shall have been respectively elected, the person or persons chosen to fill such vacancy, shall hold office only for the unexpired term.

Thirteenthly. To permit all residents in such section between the ages of five and twenty-one years of age, to attend the school, so long as their conduct shall be agreeable to the rules of such school, and so long as the fees or rates required to be paid on their behalf, are duly dis

Mode of conduct

meetings.

To admit persons school, on conditions.

to attend the

Exceptions.

To visit the school, &c.

To see that proper books are used.

To be personally responsible in certain cases.

To appoint a librarian and provide a library.

To ascertain the number of children of school age.

charged: Provided always, that this requirement shall not extend to the children of persons in whose behalf a separate school shall have been established, according to the nineteenth section of this Act.

Fourteenthly. To visit the school from time to time, and see that it is conducted according to the regulations authorized by law.

Fifteenthly. To see that no un-authorized books are used in the school, but that the pupils are duly supplied with an uniform series of text books, sanctioned and recommended according to law; and to procure annually, for the benefit of their school section, some periodical devoted to education.

Sixteenthly.-To exercise all the corporate powers vested in them by this Act, for the fulfillment of any contract or agreement made by them; and in case any of the Trustees shall wilfully neglect or refuse to exercise such powers, he or they shall be personally responsible for the fulfilment of such contract or agreement.

Seventeenthly. To appoint a Librarian, and to take such steps as they may judge expedient, and as may be authorized according to law, for the establishment, safe-keeping, and proper management of a school library, whenever provision shall have been made and carried into effect for the establishment of school libraries.

Eighteenthly. To ascertain the number of children between the ages of five and sixteen years residing in their section on the thirty-first day of December in each year; and to cause to be prepared and read at the annual meeting of their section, their annual school report for the year then terminating, which report shall include, among other things prescribed by law, a full and detailed account of the receipts and expenditures of all school moneys received and expended in behalf of such section, for any purpose whatsoever, during such year; and if such Proceeding if the account shall not be satisfactory to a majority of the freeholders or house

To read the school report.

account is not satisfactory to the majority of the meeting.

To prepare and transmit the annual school report.

Contents of such

report time of keeping the

school open.

Amount of mon

holders present at such meeting, then a majority of the said freeholders or householders shall appoint one person, and the Trustees shall appoint another; and the two arbitrators thus appointed shall examine the said account, and their decision respecting it shall be final: or, if the two arbitrators thus appointed shall not be able to agree, they shall select a third, and the decision of the majority of the arbitrators so chosen shall be final; and such arbitrators, or a majority of them, shall have authority to collect, or cause to be collected, whatever sum or sums may be awarded against any person or persons by them, in the same manner and under the same regulations as those according to which Trustees are authorized by the twelfth section of this Act to collect school-rates; and the sum or sums thus collected shall be expended in the same manner as are other moneys for the common school purposes of such section.

Nineteenthly.-To prepare and transmit, or cause to be prepared and transmitted annually, before the fifteenth day of January, a report to the Local Superintendent; which report shall be signed by the majority of the Trustees, and made according to a form provided by the Chief Superintendent of Schools, and shall specify:

Firstly.-The whole time the school in their section shall have been kept by a qualified Teacher during the year ending the thirty-first day of the previous December.

Secondly. The amount of moneys received from the school fund, from eys received and local rates or contributions, and from other sources, distinguishing the expended. same; and the manner in which all such moneys have been expended.

Number of children.

Thirdly. The whole number of children residing in the school section, over the age of five years, and under the age of sixteen; the

number of children and young persons taught in the school in winter Attendance of and summer, distinguishing the sexes, and those who are over and pupils. under sixteen years of age; the average attendance of pupils in both ance. winter and summer.

Average attend

Fourthly. The branches of education taught in the school; the num- Branches taught, ber of pupils in each branch; the text books used; the number of public &c. school examinations, lectures and visits, and by whom, and such other information respecting the school premises and library, as may be required in the form of a report provided by the Chief Superintendent of Schools.

XIII. And be it enacted, That every Trustee of a Common School who shall knowingly sign a false report, and every Teacher of a Common School who shall keep a false school register, or make a false return, with the view of obtaining a larger sum than the just proportion of school moneys coming to such Common School, shall, for each offence, forfeit to the Common School Fund of the Township, the sum of five pounds, and may be prosecuted before any such Justice of the Peace, by any person whatever, and convicted on the oath of any one credible witness other than the prosecuter, and if convicted, the said penalty shall, if not forthwith paid, be levied with costs, by distress and sale of the goods and chattels of the offender, under Warrant of such Justice, and paid over by him to the said Common School Fund, or the said offender shall be liable to be tried and punished for the misdemeanor. XIV. And be it enacted, That no foreign books in the English branches of Education shall be used in any Model or Common School, without the express permission of the Council of Public Instruction; nor shall any pupil in any such School be required to read or study in or from any religious book, or 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 and guardians shall desire, according to the general regulations which shall be provided according to law.

SECONDLY.-COMMON SCHOOL TEACHERS AND THEIR DUTIES.

Penalty for a

false report by a

Trustee; or false register or return.

Foreign books when only to be

used.

Parental and religious rights.

Proviso.

XV. And be it enacted, That no Teacher shall be deemed a quali- A qualified fied Teacher within the meaning of this Act, who shall not at the time Teacher defined. of his engaging with the Trustees, and applying for payment from the School Fund, hold a certificate of qualification, as hereinafter provided by this Act; Provided always, that certificates of qualification given by local Superintendents, shall be in force until the first of January, one thousand eight hundred and fifty-one.

Proviso.

XVI. And be it enacted, That it shall be the duty of every Teacher Duties of of a Common School

Teachers.

Firstly. To teach diligently and faithfully all the branches required To observe the to be taught in the School, according to the terms of his engagement with the Trustees, and according to the provisions of this Act.

law and agreement.

Discipline.

Secondly. To keep the daily, weekly, and monthly or quarterly Registers. registers of the School; to maintain proper order and discipline therein, according to the forms and regulations which shall be provided according to law; also to keep a Visitors' Book (which the Trustees shall Visitors' book, cause to be provided for that purpose) and he shall enter therein the &c. visits made to his school, and shall present such book to each Visitor, and request him to make such remarks as may have been suggested by such visit.

examinations,

Thirdly. To have, at the end of each quarter, a public examination Quarterly of his school, of which he shall give due notice, through the pupils, to, &c.

Information to the Superinten dents.

To deliver papers, &c.

Proviso.

Protection of
Teachers.

Mode of settling any differences between Trustees and Teachers.

Duties of Township Councils.

Levying assess ments for school

purposes, as desired by Trustees.

Authorising

loans for school purposes.

their parents and guardians, and the Trustees of the school, and of which he shall also give due notice to any School Visitors who shall reside in or adjacent to such school section.

Fourthly. To furnish to the Local or Chief Superintendent of Schools when desired, any information which it may be in his power to give respecting any thing connected with the operations of his school, or in any wise affecting its interest or character.

Fifthly. To keep carefully, and at the time of his leaving a school, to deliver up to the order of the Trustees, the Registers and Visitors' Book, appertaining to the school: Provided always, that he shall, at all times, when desired by them, give Trustees or Visitors access to such Registers and Visitors' Book.

XVII. And be it enacted, That any Teacher shall be entitled to be paid at the same rate mentioned in his agreement with the Trustees, even after the expiration of the period of his agreement, until the Trustees shall have paid him the whole of his salary, as Teacher of the school, according to their engagement with him: Provided always, that in case of any difference between Trustees and a Teacher in regard to his salary, the sum due to him, or any other matter in dispute between them, it shall be lawful to submit such matter in dispute to arbitration, and each party shall choose one Arbitrator, and in case either party in the first instance shall neglect or refuse to name and appoint an Arbitrator on his behalf, it shall be lawful for the party requiring such arbitration, by a notice in writing to be served upon the party so neglecting or refusing to make such appointment, to require the opposite party within three days, inclusive of the day of the service of such notice, to name and appoint an Arbitrator on his behalf, which notice shall name the Arbitrator of the party serving such notice; and in case the party upon whom such notice is served shall not, within the three days mentioned in such notice, name and appoint such arbitrator, then the party requiring such arbitration, shall and may nominate and appoint the second arbitrator, and the two Arbitrators in either way chosen, and the Local Superintendent, or any person chosen by him to act on his behalf, in case he cannot attend, or any two of them, shall have full authority to make an award between them, and such award shall be final: Provided always, that, so often as any such submission shall fall through, it shall be lawful to re-submit the matters in dispute until a final award shall be made between them.

THIRDLY.-DUTIES OF TOWNSHIP COUNCILS.

XVIII. And be it enacted, That it shall be the duty of the Municipality of each Township in Upper Canada:

Firstly,-To levy such sum, by assessment, upon the taxable property in any school section, for the purchase of a school-site, the erection, repairs, renting and furnishing of a school-house, the purchase of apparatus and text-books for the school, books for the library, salary of the Teacher, as shall be desired by the Trustees of such school-section, on behalf of the majority of the freeholders or house-holders at a public meeting called for such purpose or purposes, as provided for by the twelfth section of this Act: Provided always, that such Municipality may, if it shall judge expedient, grant to the Trustees of any school section, on their application, authority to borrow any sum or sums of money which may be necessary for the purposes herein mentioned, in respect to school-sites, school-houses and their appendages, or for the purchase or erection of a Teacher's residence, and cause to be levied upon the taxable property in such section, such sum in each year as shall be necessary for the payment of the interest thereon, and as shall be sufficient to pay off the principal within ten years.

Members of the

Secondly. To levy, at its discretion, such sum or sums as it shall Establishing a Township Model judge expedient for procuring the site, and for the erection and support of a Township Model School, and for purchasing books for a Township Library, under such regulations as shall be provided according to law: Provided always, that the Members of the Township Municipality Council to be shall be the Trustees of such Model School, and shall possess the Trustees. powers of Common School Trustees in respect to all matters affecting such Model School: Provided also, that the Trustees of any one or Proviso. more Common Schools shall have authority, at their discretion, and with the consent of such Council, to merge their school or schools into such Model School; and provided likewise, that tuition to studentteachers in such Model School shall be free.

Thirdly. To form portions of the Township, where no schools have Forming new been established, into school sections; to appoint a person in each new school sections school section to call the first school section meeting; and to cause

such person to be notified in the manner prescribed in the fourth section of this Act.

sections.

First meeting in a united section.

school sections

altered sections

Disposal of property.

Fourthly. To alter any school section already established, and to Altering and unite two or more school sections into one, at the request of the majority uniting school of the freeholders or householders in each of such sections, expressed at a public meeting called by the Trustees for that purpose: Provided always, that the first election of Trustees in such section, consisting of two or more sections united, shall be appointed and held in the same manner as is provided for in the fourth section of this Act in respect to a new school section: Provided secondly, that any alteration in the Alterations in boundaries of a school section shall not go into effect before the twenty- when to go into fifth day of December next after the time when it shall have been effect. made; nor shall any step be taken towards the alteration of the boun- Parties concern daries of any school section, nor any application be entertained for that ed to be apprized. purpose, unless it shall clearly appear that all parties affected by such alteration have been duly notified of such intended step or application: Provided thirdly, that the several parts of such united or altered school Privileges of sections shall have the same claim to a share of the Common School secured. Fund to which they would have been entitled, had they not been altered or united; and provided fourthly, that any school-site, or school-house, or other school property which shall not be required in consequence of such alteration or union of school sections, shall be disposed of by sale or otherwise, in such a manner as a majority of the freeholders or householders in the altered or united school sections shall think proper, at a public meeting called for that purpose, and the proceeds shall be applied to the erection of a new school-house, or other common school purposes of such united or altered sections; except that the inhabitants transferred from one school section to another, shall be entitled, for the common school purposes of the section to which they are attached, to such a proportion of the proceeds of the disposal of such school-house or other common school property, as the assessed value of their property bears to that of the other inhabitants of the school section from which they shall have been separated: Provided fifthly, that union school sections consisting of parts of two or more Townships, may be formed and altered (under the conditions prescribed in this clause in respect to alterations of other school sections,) by the Reeves and Local Superintendent or Superintendents of the Townships out of parts of which such sections are proposed to be formed, at a meeting appointed for that purpose by any two of such Town Reeves; of which meeting the other party or parties authorized to act with them shall be duly notified: Provided sixthly, that each union school section composed of portions of Proviso: as to adjoining Townships, shall, for all purposes of Trustee elections and parts of adjoining Township. control, be deemed one school section, and shall be considered, in

Union school sections how altered.

formed and