Proper Text-Books to be used in Schools.

(18) To see that no unauthorized books are used in the school, and that the pupils are duly supplied with a uniform series of authorized text-books, sanctioned and recommended by the Council of Public Instruction, and to procure annually, for the benefit of their school section, some periodical devoted to education.†

* Provisions of the Law in Regard to Text-Books.

1. Summary of the Law.

A summary of the provisions of the Upper Canada Cousolidated Common School Act on this subject is as follows:

The one hundred and twenty eighth section of this Act, enacts that no person shall use any foreign books in the branches of English education, in any model or common school, without the express permission of the Council of Public Instruction.

The eighteenth clause of the twenty-seventh section above, and the fifteenth clause of the seventy-ninth section, requires school trustees to see that all the pupils in the schools are duly supplied with a uniform series of authorized textbooks, and that no unauthorized text books are used.

2. Unauthorized Text-books-Penalty for their use in schools.

If teachers employ text-books not authorized to be used in the schools, such schools are not entitled to the school fund apportioned to them, as they are not conducted according to law; nor can any foreign book be used in a school, without such school forfeiting its right to share in the school fund. The great evil in the schools is the multiplication of text-books, according to the fancy of each teacher, or his agreement with some bookseller,-parents being called upon to buy new books as often as they get new teachers,-an evil which we should studiously guard against in Upper Canada.

3. American School Geographies.

The Council of Public Instruction has permitted the use of Morse's American Geography until one expressly prepared for Canada should be provided. 4. List of National and other School Books sanctioned by the Council of Publio Instruction for use in the Common Schools of Upper Canada.

First Book of Lessons.

Second ditto.
Sequel to Second Book.
Third Book of Lessons.
Fourth ditto.

Fifth ditto, for boys.

Sixth, or Reading Book for girls' school.
Introduction to the Art of Reading.
Spelling Book Superseded (Sullivan's.)
English Grammar.

Key to English Grammar.

Robertson's Principles of Grammar.
Lennie's English Grammar.
Kirkham's English Grammar.

Epitome of Geographical Knowledge.
Compendium of ditto

ditto. Geography Generalized (Sullivan's.) Introduction to Geography and History (Sullivan's.)

Hodgin's Geography and History of the
British Colonies.

Sangster's First National Arithmetic.

The Legislature having authorized the Educational Department to furnish a copy of the Upper Canada Journal of Education to each school section, trustees

Establish School Section Library.

(19) To appoint a librarian, and to take such steps authorized by law as they may judge expedient for the establishment, safe keeping, and proper management of a school library in their section, when ever provision has been made and carried into effect for the establishment of school libraries.*

Personal Responsibility in case of neglect to exercise Corporate Powers.

(20) To exercise all the corporate powers vested in them by this Act, for the fulfilment of any contract or agreement made by them; and in case they or any of them wilfully neglect or refuse to exercise such powers,† the trustee or trustees so neglecting or refusing shall

should see that the Journal is regularly received by them; and if not received, by them, to report the fact to the Educational Department, without delay. Missing numbers can also be obtained on application.

*The property of every public library is exempt from taxation. One hundred per cent. is allowed by the Chief Superintendent on all sums over $5, remitted to the Department for library books, maps, apparatus and prize books. See Depart mental Regulations appended; and also printed on the cover of each Register. Decisions of the Superior Courts as to the Personal Liability of Trustees.

Personal Liability on neglect or refusal to exercise their Corporate powers. 1. The Court of Queen's Bench has decided as follows in a case where a mandamus nisi having been issued to school trustees to levy the amount of a judgment obtained against them, no return was made, and a rule nisi for an attachment issued. In answer to this rule one trustee swore that he had always been and still was desirous to obey the writ, and had repeatedly asked the others to join him in levying the rate, but that they had refused. Another swore that owing to illhealth, with the consent of his co-trustees and the local supermtendent, he had resigned his office before the writ was granted. The court, under these circumstances, discharged the rule nisi as against these two, on payment of costs of the application, and granted an attachment against the other trustee, who had taken no notice either of the mandamus or rule.-Regina v. Trustees of School Section No. 27, Tyendinaga. 20 Q. B. R. 528.

2. The Court of Queen's Bench has decided, that, as by the [twentieth] clause of the [twenty-seventh] section of the Upper Canada [Consolidated] Common School Act, the trustees can only be personally liable when they bave wilfully neglected or refused to exercise their corporate powers, such neglect or refusal should have been alleged and shown in the award, to warrant its directions to levy on the trustees personally.-Kennedy v. Burness et al., No. 5, Oneida. 15 Q. B. R. 473.

3. Neglect of Trustees to exercise their corporate powers must be proved.

3. The Court of Common Pleas also decided another similar case, as follows:In an action of replevin for goods of school trustees distrained under an award for the salary of a school teacher, declaring the trustees individually liable on the ground" that the trustees did not exercise all the corporate powers vested in them by the school acts for the due fulfilment of the contract" made by them with such teacher. Held, that the award as evidence did not support pleas which averred as required by the [twentieth] clause of the [twenty seventh] section of the Upper Canada Consolidated Common School Act, a wilful neglect or refusal by the trustees to exercise their corporate powers as the ground for making them personally liable. 2. That, on the facts, the defendants as trustees were not per

be personally responsible for the fulfilment of such contract or agreement.*

Prepare and read Report at Annual Meeting.

(21) 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, a full and detailed account of the receipt and expenditure of all school moneys received and expended in behalf of such section, for any purpose whatever, during such year, and in case of dispute [between the school auditors] the matter shall be referred to [the annual meeting and then, if necessary, to the Chief Superintendent] in the manner provided in the [eighth] section of [the Common School Law Amendment Act of 1860, on pages 43 and 44.]

Make Half-Yearly Report to Local Superintendent.

(22) To transmit to the local superintendent, on or before the thirtieth day of June, and the thirty first day of December in each year, a correct return of the average attendance of pupils in each of the schools under their charge during the six months then immediately preceding.*

Penalty for neglecting to do so.

And in case such trustees neglect to transmit a verified statement of such average attendance, then such school section shall not be entitled to the apportionment from the school fund for the said six months.

(23) 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 prepare and transmit annually, on or before the fifteenth day of January, a report to the local superintendent, signed by a majority of the trustees, and made according to a form provided by the Chief Superintendent of Education, and shall specify therein :

sonally liable, the award ascertaining for the first time the exact amount due to the teacher, and declaring the trustees personally liable without giving them any opportunity to exercise their corporate powers to raise the money to pay it.Kennedy v. Hall et al., No. 5. Oneida. C. P. R., 218. See 86th sec. of Act.

4. When Personal Liability of Trustees arises.

The Court of Queen's Bench has decided that trustees cannot be held liable unless they wilfully neglect to do their duty: not where they decline in good faith to exercise their corporate powers, on account of any doubt or legal difficulty which they suppose to exist.-Vanburen v. Bull et al. No. 2, Rawdon. 19 Q. B. R. 633. See also decisions of the courts in regard to arbitrators, on page 45.

* By the thirty-first section of the Consolidated Common School Act, trustees are also made personally responsible for moneys lost to the section by their neglect of duty, including their neglect to sign and transmit their report to the local superintendent, who can always estimate (taking the best evidence within his reach) the sums thus forfeited. See page 48.

See next section of this Act.

(1) The whole time the school in their section was kept by a qualified teacher, during the year ending on the thirty-first day of the previous December.

(2) The amount of moneys received for the school fund, from local rates or contributions, and from other sources, distinguishing the same; and the manner in which all such moneys were expended.

(3) 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 and summer, distinguishing the sexes, and those who were over and under sixteen years of age; and the average attendance of pupils in both winter and summer; but the trustees of the common school sections within the limits of which one or more separate school sections are established as hereinafter provided, shall not, in their return of children of school age residing in their school sections, include the children attending such separate school or schools.

(4) The branches of education taught in the school; the numbers of pupils in each branch; the text books used ;* the numbers of public school examinations; visits and lectures, and by whom made or delivered, and such other information respecting the school premises and library as may be required.

Penalty for delaying Yearly Report.

28. In case the trustees of any school section neglect to prepare and forward the aforesaid annual report to their local superintendent by the thirty-first day of January in each year, each of them shall, for each week after such thirty-first day of January, and until such report has been prepared and presented, forfeit the sum of five dollars, to be sued for by such local superintendent, and collected and applied in the manner provided by the twenty-first section of this Act [page 16.]

[The twenty-ninth section has been superseded by the eighth section of the Common School Law Amendment Act of 1860, as follows :]

Annual Appointment of Auditors of School Section Accounts.† [8. In order that there may be accuracy and satisfaction in regard to the school accounts of school sections, the majority of the [assessed freeholders and householders present at the annual school meeting shall appoint a fit and proper person to be auditor of the school accounts of the section for the then current year, and the trustees shall before

*See list of authorised text books on page 40.

The object of this clause is to prevent the suspicion that trustees pervert any part of the school fund to private purposes, and not to limit the exercise of the power conferred upon them by the preceding section of the act. [See the definition of the term other expenses," given in note † to the tenth clause of the twenty-seventh section, page 33. Auditors should be guided by that note in auditing the accounts of the school section. See also note § to the fourth clause of the sixteenth section of the Consolidated Common School Act, page 13.]

the first day of December in each year, appoint another auditor; and the auditor thus chosen, or either of them, shall forthwith appoint a time before the day of the next ensuing annual school meeting, for examining the accounts of the school section;

Trustees to submit their School Accounts to the Auditors.

[And it shall be the duty of the trustees, or their secretarytreasurer in their behalf, to lay all their accounts before the auditors or either of them, together with the agreements, vouchers, &c., in their possession, and to afford to the auditors or either of them all the information in their power as to their receipts and expenditures of school moneys in behalf of their school section;

Powers and duties of School Section Auditors.

[And it shall be the duty of the auditors to examine into and decide upon the accuracy of the accounts of such section, and whether the trustees have truly accounted for and expended for school purposes the moneys received by them, and to submit the said accounts, with a full report thereon, at the next annual school meeting; and if the auditors or either of them object to the lawfulness of any exenditures made by the trustees, they shall submit the matters in difference to such meeting, which may either determine the same or submit them to the Chief Superintendent of Education, whose decision shall be final, and the auditors shall remain in office until their audit is completed; The auditors or either of them shall have the same authority to call for persons and papers and require evidence on oath and to enforce their decisions, as have arbitrators appointed under the authority of the eighty-fourth, eighty-fifth, and eighty-sixth sections of the said Upper Canada [Consolidated] Common School Act; and it shall be their duty or that of either of them to report the result of their examination of the accounts of the year to the annual school meeting next after their appointment, when the annual report of the trustees shall be presented, and the vacancy or vacancies in the trustee corporation be filled up, as provided by law;

[Remedy in case the Trustees fail to appoint an Auditor.

[And if the trustees neglect to appoint an auditor, or appoint one who refuses to act, the local superintendent shall appoint one for them;

[Penalty on Trustees refusing Information, &c., to Auditors. [And if the Trustees, or their Secretary in their behalf, refuse to furnish the Auditors or either of them with the papers or information

That is, as to the lawfulness, and not the expediency, of the expenditure, The trustees are the sole judges of the expediency of any expenditure. See page 13, note. The report of the auditors is final. It is only matters of difference between the auditors themselves as to the lawfulness of any expenditure (that is, whether the expenditure is authorized by the school law), which it is necessary to submit for the decision of the school meeting.