Copies of certain proceedings to be furnished.

Separate schools for Protestants, Roman Catholics and Coloured People.

Manner of electing Trustees for

the same.

And of apportioning school moneys.

Proviso: as to certain returns.

All the school sections in a Township under

the management of one Board of

Trustees.

Powers of Muni

cipal Councils in

respect to superintendence and taxing for the erection of a schoolhouse, as belonging to the Township in which the school-house may be situated.

Fifthly. To cause the Clerk of such Township, to furnish the Local Superintendent of Schools with a copy of all the proceedings of such Council relating to the formation or alteration of school sections, all school assessments, and other educational matters.

XIX. And be it enacted, That it shall be the duty of the Municipal Council of any Township, and of the Board of School Trustees of any City, Town or incorporated Village, on the application in writing of twelve or more resident heads of families, to authorize the establishment of one or more separate schools for Protestants, Roman Catholics, or coloured people, and, in such case, it shall prescribe the limits of the divisions or sections for such schools, and shall make the same provision for the holding of the first meeting for the election of Trustees of each such separate school or schools, as is provided in the fourth section of this Act for holding the first school meeting in a new school section: Provided always, that each such separate school shall go into operation at the same time with alterations in school sections, and shall be under the same regulations in respect to the persons for whom such school is permitted to be established, as are Common Schools generally: Provided secondly, that none but coloured people shall be allowed to vote for the election of Trustees of the separate school for their children, and none but the parties petitioning for the establishment of, or sending children to a separate Protestant or Roman Catholic School, shall vote at the election of Trustees of such school: Provided thirdly, that each such separate Protestant or Roman Catholic, or coloured school, shall be entitled to share in the school fund according to the average attendance of pupils attending each such separate school, (the mean attendance of pupils for both summer and winter being taken,) as compared with the whole average attendance of pupils attending the Common Schools in such City, Town, Village or Township: Provided fourthly, that no Protestant separate school shall be allowed in any school division except when the Teacher of the Common School is a Roman Catholic, nor shall any Roman Catholic separate school be allowed except when the Teacher of the Common School is a Protestant; Provided fifthly, that the Trustees of the Common School sections within the limits of which such separate school section or sections shall have been formed, shall not include the children attending such separate school or schools, in their return of children of school age residing in their school sections.

XX. And be it enacted, That whenever the majority of the resident householders of the several school sections of any Township, at public meetings called by Trustees for that purpose, shall desire to abolish local school section divisions, and have all their schools conducted under one system and one management, like the schools in Cities and Towns, the Municipality of such Township shall have authority to comply with their request thus expressed, by passing a By-law to that effect; and all the Common Schools of such Township shall be managed by one Board of Trustees, one of whom shall be chosen in and for each ward of the Township, if the Township be divided into wards, and if not, then the whole number shall be chosen in and for the whole Township, and invested with the same powers, and subject to the same obligations, as are provided and required, in respect to Trustees in Cities and Towns, by the Twenty-fourth section of this Act.

FOURTHLY-COUNCILS AND trustees in CITIES, TOWNS AND INCORPORATED
VILLAGES, AND THEIR DUTIES.

XXI. And be it enacted, That the Council or Common Council of such Cities & Towns. Lity or incorporated Town in Upper Canada, shall be and is hereby

invested within its limits and liberties as prescribed by law, and shall be subject to the same obligations as are the Municipal Council of each County and the Municipality of each Township by the eighteenth and twenty-seventh sections of this Act: Provided nevertheless, that the appointment of the Local Superintendent of schools for such City or Town, shall be made by the Board of School Trustees for such City or Town.

each ward.

Order of retiring

XXII. And be it enacted, That in each ward into which any City or Two Trustees in Town is or shall be divided according to law, two fit and proper persons shall be elected School Trustees by a majority of all the taxable inhabitants of such ward; one of which Trustees (to be determined by lot, or of re at the first Trustee meeting after their election) shall retire from office the second Wednesday of January following his election; and the second of whom shall continue in office one year longer, and until his Board of successor is elected; and the persons thus elected shall form one Board Trustees. of School Trustees for such City or Town.

A Trustee to be elected in each Town.

ward of a City or

XXIII. And be it enacted, That on the second Wednesday in January of each year, at the time prescribed by the second section of this Act, one fit and proper person shall be elected Trustee in each ward of every City and Town, and shall continue in office two years, and until his successor is elected; Provided always, that such election Election. shall be held at the place where the last municipal election was held for such ward, and under the direction of the same returning officer, or, in his default, of such person as the electors present shall choose; and such election shall be conducted in the same manner as an ordinary municipal election in each ward of such City or Town.

tion.

XXIV. And be it enacted, That the Board of School Trustees for each To be a CorporaCity and Town, shall be a corporation under the name of "The Board of School Trustees of the City (or Town) of in the County of ;" (the first meeting thereof may be called in the City Board. or Town Council room by any Trustee), and it shall be the duty of such Board:

Duties of the

Firstly. To appoint annually or oftener, a Chairman, Secretary, To appoint cerSuperintendent of Schools, and one or more Collectors of school rates, tain Officers, &c. (if required); and to appoint the times and places of their meetings, and the mode of calling them,-of conducting and recording their pro

ceedings, and of keeping all their School accounts.

Secondly. To take possession of all Common School property, and to To hold school accept and hold as a Corporation all property which may have been property, &c. acquired or given for Common School purposes in such City or Town, by any title whatsoever; to manage or dispose of such property, and all moneys or income for Common School purposes, until the power hereby given shall be taken away or modified by law, and to apply the same, or the proceeds, to the objects for which they have been given or acquired.

Thirdly. To do whatever they may judge expedient with regard to purchasing or renting school-sites and premises,building, repairing, furnishing, warming and keeping in order the school-house or schoolhouses and its or their appendages, lands, enclosures and moveable property, for procuring suitable apparatus and text-books, and for the establishment and maintenance of a school library or school libraries. Fourthly. To determine the number, sites, kind and description of schools which shall be established and maintained in such City or Town, the Teacher or Teachers who shall be employed,-the terms of employing them, the amount of their remuneration, and the duties which they are to perform,-the salary of the Superintendent of Schools -appointed by them, and his duties; and to adopt, at their discretion,

To provide com

mon school

premises, textbooks, &c.

To determine the number and kind ploy Teachers,

of schools; em

&c.

A Committee to take the charge of each school.

To make an estimate of expenses.

such measures as they shall judge expedient, in concurrence with the Trustees of the County Grammar School, for uniting one or more of the Common Schools of the City or Town with such Grammar School.

Fifthly. To appoint annually, or oftener, if they shall judge expedient, for the special charge, oversight, and management of each school within such City or Town, and under such regulations as they shall think proper to prescribe, a Committee of not more than three persons for each school.

Sixthly. To prepare from time to time, and lay before the Municipal Council of such City or Town, an estimate of the sum or sums which they shall judge expedient, for paying the whole or part of the salaries of Teachers, for purchasing or renting school premises,—for building, renting, repairing, warming, furnishing and keeping in order the schoolhouses and their appendages and grounds, for procuring suitable apparatus and text-books for the schools,-for the establishment and maintainance of school libraries,-and for all the necessarry expenses The Municipal of the schools under their charge; and it shall be the duty of the Common Council or Council of such City or Town, to provide such sum or sums in such manner as shall be desired by the said Board of School Trustees.

Council to provide for such expenses.

To levy school rate bills.

The sums thus collected to be paid over.

To give orders for money 10 Teachers, &c.

To call school meetings.

As to persons elected to fill vacancies.

Supplying proper text-books, &c.

Further duties.

Annual school reports, &c.

Annual report to the Chief Superintendent.

Contents of such report.

Seventhly. To levy at their discretion, any rates upon the parents or guardians of children attending any school under their charge, and to employ the same means for collecting such rates, as Trustees of Common Schools in any Townships may do under the twelfth section of this Act: Provided always, that all moneys thus collected shall be paid into the hands of the Chamberlain or Treasurer of such City or Town for the Common School purposes of the same, and shall be subject to the order of the said Board of School Trustees.

Eighthly. To give orders to Teachers and other school officers and creditors upon the Chamberlain or Treasurer of such City or Town, for the sum or sums which shall be due them.

Ninthly. To call and give notice of annual and special school meetings of the taxable inhabitants of such City or Town, or of any Ward in it, in the same manner and under the same regulations as are prescribed in the twelfth section of this Act, for the appointment of annual and special school meetings in the school sections of Townships; Provided always, that any person elected at any special ward school meeting, to fill a vacancy which shall have occurred in the Board of Trustees, from any cause whatever, shall hold office only during the unexpired part of the term for which the person whose place shall have become vacant, was elected to serve.

Tenthly. To see that all the pupils in the schools are duly supplied with an uniform series of authorized text-books,-to appoint a Librarian, and take charge of the school library or libraries, whenever established.

Eleventhly. To see that all the schools under their charge are conducted according to the regulations authorized by law; and, at the close of each year, to prepare and publish in one or more of the public papers, or otherwise, for the information of the inhabitants of such City or Town, an annual report of their proceedings, and of the progress and state of the schools under their charge,-of the receipts and expenditure of all school moneys, and to prepare and transmit annually, before the fifteenth of January, to the Chief Superintendent of Schools, a report, signed by a majority of the Trustees, and containing all the information required in the reports of Common School Trustees by the twelfth section of this Act, and any additional items of information which may be lawfully required, and made according to a form which shall be provided for that purpose by the Chief Superintendent of Schools.

How held and conducted.

XXV. And be enacted, That the Municipality of every incorporated Powers of CounVillage, shall possess and exercise all the powers, and be subject to all cils of incorporated Villages. the obligations with regard to the levying and raising of moneys for Common School purposes, and for the establishment and maintainance of school libraries, within the limits of such incorporated Village, as are conferred and imposed by this Act upon the Municipal Corporations of Cities: Provided always, that on the second Wednesday in January, First election of one thousand eight hundred and fifty-one, in each such incorporated Trustees. Village, at the place of the then last annual election of Councillors, there shall be a meeting of the taxable inhabitants of such incorporated Village, and which meeting shall be organized and conducted in the same manner as is prescribed in the twenty-third section of this Act, for the conducting of annual school meetings in the wards of Cities and Towns; and at such meeting, six fit and proper persons, from among six Trustees to the resident house-holders, shall be elected School Trustees for such be elected. incorporated Village; and the persons thus chosen shall be divided by lot into three classes, of two individnals each, to be numbered one, two, three; the first class shall hold office one year, the second, two years, and the third, three years, and until their successors are elected; but each Trustee retiring from office shall be eligible to be re-elected with his own consent; Provided secondly, that there shall be a like school meeting annually in each such incorporated Village, at which two per- be elected theresons shall be chosen Trustees in the place of the two retiring from office, after. and shall continue in office two years, and until their successors are elected: Provided thirdly, that the first annual school meeting in each Mode of calling incorporated Village, shall be called by the Townreeve of such Village, the first meeting. who shall cause notices to be posted in at least six public places of such Village, at least six days before the time of holding such meeting.

Mode of retirement from Office.

Two Trustees to

present Trustees.

XXVI. And be it enacted, That the Trustees elected in each incor- Trustees thus porated Village, according to the provisions of the preceding section, substituted for the shall succeed to all the rights, powers, obligations and liabilities of the present Trustees of such incorporated Village, and shall be a Corpora- To be a Corportion under the title of the "Board of Trustees of the Incorporated Village

of

in the County of

ation.

;" and shall Their powers, possess all the powers, and be subject to all the obligations, within obligations and the limits of such incorporated Village, as are conferred and imposed by the twenty-fourth section of this Act upon the Trustees of Cities and Towns.

FIFTHLY.-DUTIES OF COUNTY MUNICIPAL COUNCILS.

XXVII. And be it enacted, That it shall be the duty of the Municipal Council of each County

Firstly. To cause to be levied each year upon the several Townships of such County, such sum or sums of money, for the payment of the salaries of legally qualified Common School Teachers, as shall at least be equal (clear of all charges of collection) to the amount of school money apportioned to the several Townships thereof for such year, by the Chief Superintendent of Schools, as notified by him to such Council, throngh the County Clerk: Provided always, that the sum or sums so levied may be increased at the discretion of such Council, either to increase the County School Fund, or to give special or additional aid to new or needy School Sections, on the recommendation of one or more Local Superintendents: Provided also, that the sum required to be levied in such County in each year, for the salaries of legally qualified Teachers, shall be collected and paid into the hands of the County Treasurer, on or before the Fourteenth day of December; and provided likewise, that in case of the non-payment of any part of such sum into the hands of the County Treasurer at that time, no Teacher shall, upon application, be refused the payment of the sum to which he may be entitled

Duties of County

Councils.

To raise a sum equal to the Leg

islative school

grant.

Such sum may be increased.

Time for payment of County

school assess

ment.

refused the pay

No Teacher to be from such year's County School Fund, but the County Treasurer shall ment on account pay any local Superintendent's lawful order in behalf of such Teacher, of the non-collec- in anticipation of the payment of the County School assessment; and the County Council shall make the necessary provision to enable the County Treasurer to pay the amount of such lawful order.

tion of assess

ment.

To raise money

Secondly. To raise by assessment such sum or sums of money as it for school library. shall judge expedient, for the establishment and maintenance of a County Common School Library.

To secure all school moneys, &c.

No deduction allowed.

May appoint a sub-treasurer.

To cause school accounts to be audited, &c.

Abstract of such

accounts to be

transmitted, &c.

County Board of Public Instruction constituted.

Thirdly. To appoint annually a Local Superintendent of Schools for the whole County, or for any one or more Townships in such County, as it shall judge expedient; to fix (within the limits prescribed by the thirtieth section of this Act) and provide for the salary or salaries of such Local Superintendent or Superintendents: Provided always, that no such Local Superintendent shall have the oversight of more than one hundred schools; and provided also, that the County Clerk shall forthwith notify the Chief Superintendent of Schools of the appointment and address of each such Local Superintendent, and of the County Treasurer; and shall likewise furnish him with a copy of all proceedings of such Council, relating to School assessments and other educational

matters.

Fourthly. To see that sufficient security be given by all officers of such Council to whom school moneys shall be entrusted, -to see that no deduction be made from the School Fund by the County Treasurer or Sub-treasurer, for the receipt and payment of school moneys,-to appoint, if it shall judge expedient, one or more Sub-treasurers of school moneys, for one or more Townships of such County: Provided always, that each such Sub-treasurer shall be subject to the same responsibilities and obligations in respect to the accounting for school moneys and the payment of lawful orders for such moneys given by any Local Superintendent within the parts of the County for which he is appointed Subtreasurer, as are imposed by this Act upon each County Treasurer, in respect to paying and accounting for school moneys.

Fifthly. To appoint annually, or oftener, Auditors, whose duty it shall be to audit the accounts of the County Treasurer and other officers to whom school moneys shall have been intrusted, and report to such Council; and the County Clerk shall transmit to the Chief Superintendent of Schools, on or before the first day of March in each year, a certified copy of the abstract of such report, and also give any explanation relating thereto, as far as he is able, which may be required by the Chief Superintendent.

SIXTHLY-CONSTITUTION AND DUTIES OF THE COUNTY BOARDS OF
PUBLIC INSTRUCTION.

XXVIII. And be it enacted, That the Board of Trustees for the County Grammar School and the Local Superintendent or Superintendents of Schools in each County, shall constitute a Board of Public Instruction for such County: Provided always, that where there is more than one Grammar School in a County, the County Council shall have authority to divide such County into as many Circuits as there are County Grammar Schools, and the Trustees of each County Grammar School and the Local Superintendent or Superintendents of Schools in each Quorum for the circuit, shall be a Board of Public Instruction for such circuit: Provided also, that at any lawful meeting of such Board, not less than three members, including a Local Superintendent of Schools, shall constitute a quorum for examining and giving certificates of qualification to Common School Teachers, and not less than five members shall constitute a quorum for the transaction of any other business: Provided likewise, that the incidental expenses connected with the meeting and proceed

:

examination of Teachers and for other purposes.

Incidental expences how defrayed.