who shall preside at the respective polling places, and forthwith give public notice thereof; after close of 6. The returning officer or person presiding shall, on the day Duty of reafter the close of the election, return the poll book to the turning officer Public School Board, with his solemn declaration thereto an- election. nexed, that the poll book has been correctly kept, and contains a true record of the votes given at the polling place for which he was returning officer; School Board. 7. The Public School Board shall add up the number of Duty of Public votes for each candidate for any office, as appears from the poll book so returned, and shall declare elected the candidate or candidates having the highest number of votes, and shall at noon, on the day following the return of the poll books, put up in some conspicuous place in the Municipality, and at one or more of the school-houses therein, a statement shewing the number of votes for each candidate; and a majority in number of the Trustees remaining in office shall be a quorum for the foregoing purposes; 8. In case two or more candidates have an equal number of Casting vote. votes, the Member of the Board present who is assessed highest as a ratepayer on the last revised assessment roll, shall, at the time of declaring the result of the poll, give a vote for one or more of such candidates, so as to decide the election; to receive and 9. The Judge of the County Court shall, within twenty days Judge of after the election of any trustee of a Public School Board in County Court any municipality within his county, receive and investigate investigate any complaint respecting the validity or mode of conducting complaints. the election, and in a summary manner shall hear and determine the same; and may by order cause the assessment rolls, collector's rolls, poll books and any other records of the election to be brought before him, and may inquire into the facts on affidavit or affirmation, or by oral testimony, and cause such person or persons to appear before him, as he may deem expedient, and may confirm the said election, or set it aside, or order that some other candidate was duly elected; and the Judge may order the person found by him not to have been duly elected to be removed, and, in case the Judge determines that any other person was duly elected, the Judge may order him to be admitted; and, in case the Judge determines that no other person was duly elected instead of the person removed, the Judge shall order a new election to be held, and shall appoint the time and place of holding such election; office of Trustee. 10. In case of any vacancy in the office of Trustee of any Vacancy in Public School Board arising from any cause, the remaining trustees shall forthwith take steps to hold a new election to fill the vacancy so created, and the person thereupon elected shall hold his seat for the residue of the term for which his predecessor was elected, or for which the office is to be filled; Proceedings at new election. Inconsistent provisions repealed. Election of trustees 11. The new election shall be conducted in the same manner and be subject to the same provisions as an annual election, and the Public School Board shall give at least six days' notice of the nomination of candidates, and in case a poll be demanded, the election shall be held one week from the day of said nomination. 8. The special provisions relating to the City of Toronto and all other provisions inconsistent with the foregoing, contained in the Public Schools Act, are hereby repealed. 9. All the provisions of the Public Schools Act respectannual meeting the election of Trustees, and the annual meetings in Rural ings in Rural School sections shall continue to apply to Rural School Corporations, except that the annual meeting and the nomination and election of Trustees thereat, shall be held on the last Wednesday in the month of December in each year, or if such Wednesday be a holiday, then on the day next following. School R. S. O., c. 204, s. 33 amended. Levying R. S. O., c. 204, s. 80, amended. R. S. O. 10. The thirty-third section of the Public Schools Act is hereby amended so as to read as follows: "In municipalities composed of more than one township, but without county organization, it shall be optional with the Municipal Council thereof to form portions of the townships comprising the municipality into school sections, or to establish a Board of Public School Trustees, two members being elected for each ward, and if not divided into wards, two for each township thereof, and such Board shall possess all the powers and duties of Township Boards, and shall also upon the petition of at least five heads of families, provide school accommodation and a teacher for their children and others. 11. The powers of Trustees of Rural School sections in organized Townships, to levy or collect upon their own authority Public School rates, shall cease and be determined on the passing of this Act, except in so far as any proceedings are now pending, which may be prosecuted until all rates thereunder are collected, and it shall henceforth be the duty of the Public School Trustees to obtain all moneys for Public School purposes, which may be levied by rate on taxable property, by the means and under the provisions contained in the seventy-eighth and seventy-ninth sections of the Public Schools Act. 12. The eightieth section of the Public Schools Act is hereby amended, by adding to sub-section seven the words "or according to the average attendance of pupils at each school during the year then last past." 13. The one hundred and sixtieth section of the Public Schools Act is hereby amended by striking out the fourth subsection of the said Act, and substituting in lieu thereof the following: following:-"from and after the eighteenth day of August next, Fees of non-rethe fee to be imposed upon any non-resident pupils shall not sident pupils. exceed the sum of twenty-five cents for each pupil for every calendar month." amended. 14. The one hundred and tenth section of the Public Schools R. S. O., Act is hereby amended by adding to sub-section one, the fol- c. 204, s. 110, lowing, "or, when directed by the County Inspector, to pay out of the school assessment of the county the amount of the Inspector's lawful order to any Public School teacher, assistant teacher or monitor," and by adding thereto as sub-section six, the following: "6. To furnish the Minister with such information as he may require respecting moneys raised or expended in the Municipality for Public or High School purposes." ferred upon under R. S. 15. In addition to the powers conferred upon arbitrators Additional under the Public Schools Act in reference to the compulsory powers contaking of land for school sites, they shall have the power to arbitrators apsettle all claims or rights of incumbrancers, lessees, tenants, or pointed other persons, as well as those of the owner in respect of the O., c. 204. land required for the purpose of the school site, upon notice in writing to every such claimant, and after hearing and determining his claims or rights. union section 16. In the case of a union school section composed of parts Municipality of two or more municipalities the union school section shall be in which held for the purposes of inspection, taxation, the borrowing of to be considermoneys, and for all school purposes as within the township, ed as situated. town, or village in which the school-house of the union is situate. union section. 17. A union school section may be altered so that a part of Alteration of the same may be withdrawn by the council of the municipality in its discretion in which such part is situate without withdrawing the whole portion of such municipality forming the union in case such alteration is petitioned for by a majority of the assessed freeholders and householders of such part: and the one hundred and fortieth section of the Public Schools Act shall be construed to apply also to the case of an alteration of the boundaries of a union school section where a part only of the portion in either municipality is withdrawn by the council. thereof. 18. The one hundred and thirty-fifth section of the Public R. S. O., Schools Act shall become of none effect, and be repealed on and c. 204, s. 135, repealed on after the first day of January next, and the provisions contain- first of Janed in the one hundred and thirty-seventh section and the uary. several sub-sections thereof, shall thenceforth apply to and govern all union sections. Powers of Boards of Townships. 19. The Public School Board of any township may exercise Public School and enjoy all the rights and powers of Trustees of Rural School Sections, under the provisions of the Public Schools Act, as well as those of Public Schools in cities and towns, and in cases where the Public School Board was established before the second day of March, one thousand eight hundred and seventyseven, the period of five years after which a by-law for the repeal thereof may be submitted shall be taken to begin from the time when the Public School Board was originally established. R. S. O. c. 203, s. 5, amended. ister of Education. 20. Section five of chapter two hundred and three of the Revised Statutes respecting the Education Department is hereby amended, by substituting for sub-section six the following, Duty of Min- "It shall be the duty of the Minister to apportion annually on or before the first day of May all sums granted or provided by the Legislature for the support of Public and Separate Schools, and not otherwise appropriated by law in the several counties, townships, cities, towns, and incorporated villages, according to the ratio of population in each as compared with the whole population of Ontario, as shown by the last annual returns received from the clerks of the respective counties, cities and towns, separated from a county"--and by adding as sub-section nineteen a the following amongst other duties of the Minister of Education; Sub-s. added to s. 112 of R. S. O., c. 204. Clerks to make ulation. "19a. To authorize the delivery from the Depository of any prize or library books or maps or apparatus in payment of an amount equal to the cost, according to authorized catalogue prices of any prize or library books, or maps or apparatus purchased by any School Corporation from any publisher or person, in lieu of payment out of moneys to be appropriated by the Legislature for that purpose, when desired by such School Corporation, and also to authorize the delivery from the Depository at cost price to Normal School students, of stationery and text-books, maps, apparatus and library books, and to teachers' libraries, of works on Education for their use, also of library, prize and text-books, maps and apparatus to Public Institutions maintained or aided from the Consolidated Revenue." 21. The following sub-section is hereby added to section one hundred and twelve of the Public Schools Act: "5. It shall also be the duty of every County Clerk to furnish the Minister before the first day of April in each year with a statement showing the population of each minor municipality within the county, according to the returns upon the Assessment Rolls for the previous year, of each such minor municipality." 22. The clerk of every city and town separated from a returns of pop-county shall, before the first day of April in each year, make a return to the Minister of Education showing the population of such city or town, as shown by the Assessment Rolls for the previous year of such city or town. and 7 of this 23. The provisions contained in the fourth, fifth, sixth and Ss. 4, 5, 6 seventh sections of this Act shall also apply to Separate School Act to apply Corporations in cities, towns and villages, and the Trustees to Separate thereof; Separate School Corporation or Trustee being substi- Schools. tuted for Public School Corporation or Trustee, Separate School supporter instead of person rated in respect of Public Schools, and Separate School supporter for Public School supporter where these expressions respectively occur in such provisions, and the clerk of the municipality shall, upon request, furnish to the Separate School Trustees, a list of persons being supporters of Separate Schools in each ward, or school district, as shown by the last revised Assessment Roll, or the notices or lists of Separate School supporters filed in his office. 2. The provisions contained in section nine of this Act, shall also apply to and govern the elections and annual meetings of Separate School Corporations in Townships and Rural sections. Schools. of 24. The Trustees of any Separate School shall have full Borrowing power as a body corporate to borrow money for school purposes, Trustees of powers and to make valid mortgages and other instruments for the Separate security and payment of such borrowed money, or of any moneys payable or to be paid for school sites, school buildings, or additions thereto, or the repairs thereof, upon the schoolhouse property and premises, or any other real or personal property vested in them, or upon the Separate School rates, and each ratepayer who was a Separate School supporter at the time when any loan was effected on the security of said rates or property shall, while resident within the section or municipality within which such Separate School is situate, continue to be liable for the rate to be levied for the repayment of such loan; provisions as to. 2. The principal money representing any sum so borrowed, Repayment, may in the mortgage or other instrument securing the repay- pr ment thereof, be made payable in annual or other instalments with or without interest, and the said trustees in addition to all other rates or moneys which they may now levy in any one year, shall also have power and authority to levy and collect such further sum or sums as in each year may be requisite for paying all principal money and interest falling due in such year under the terms of such mortgage or other instrument aforesaid, and the said sums shall be levied and collected in each year in the same manner and form, and from the like persons and property by, from, upon or out of which other Separate School rates may now be levied and collected; porter, where 3. When any supporter of a Separate School resides with- Separate out the Municipality in which the school is situate he shall be School Supentitled to vote in the ward or division in which the school- to vote in house nearest to his place of residence is situate, if within the certain cases. distance of three miles in a direct line. |