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ed: Proviso.

All school divisions, elections, appointments,

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 Two Acts repeal of Canada. And it is hereby enacted by the authority of the same, that the Act of the Parliament of this Province, passed in the seventh year of Her Majesty's reign, intituled "An 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, ch. 83, and intituled "An Act for the better Establishment and Maintenance of Public Schools in Upper Canada, and for repealing the present School Act," shall be, and the same are hereby repealed: Provided always, nevertheless, firstly, that no Act or part of an Act repealed by either of the Acts hereby repealed, shall be revived by the passing of this Act: And provided also, secondly, that the repeal of the said Acts shall not extend or be construed to extend to any act done, any penalty incurred, or any proceeding had under the said Acts, or either of them : And provided also, thirdly, that all School Sections 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all parties concerned, as if made under the authority of this Act, and shall so continue until altered, modified, or superseded, according to the provisions of this Act: And provided also, fourthly, that nothing herein contained shall affect the liability of any District, County, City,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 moneys received by him under either of the said Aots; 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that nothing in the said Act secondly above recited, contained, shall extend, or be construed to extend, to have repealed any Act of the Parliament of this Province, whereby provision was made for the appropriation of money from the consolidated revenue fund of this Province, for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.

contracts, &c., confirmed.

I. ELECTION AND DUTIES OF SCHOOL TRUSTEES.

II. And be it enacted, That the annual meetings for the elections of School Trustees, as hereinafter

Annual School meetings to be held throughout U. C., on the

day in January at 10 o'clock, A. M.

provided by this Act, shall be held in all the Villages, second Wednes 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.

One Trustee in each School Section to be elected

at each annual School meeting.

III. And be it enacted, That in all School divisions (except in Cities, 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 reelected 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: Same individual may be re-elected, but not without his consent for four years.

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

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 duty it shall be to record all

Mode of proceeding at the first meeting in a new School section. Election of Chairman and Secretary.

Duty of the Secretary.

Duty of the
Chairman.

A poll to be granted at the

two electors.

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 request of any 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 Proviso: copy of respectively: Provided always, that a correct copy proceedings to be of the proceedings of such first school section meettransmitted to the ing, 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.

local Superinten

dent of Schools.

Proceedings and duties of annual School section meetings.

VI. And be it enacted, That at every annual school section meeting 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,

Election and duties of Chairman and Secretary.

To receive and decide upon the annual financial report of the Trustees.

To elect one or more 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.

Fourthly. To decide upon the manner in which the salary of the Teacher or Teachers, and all the expenses connected with the operations of the School or Schools, shall be provided for.

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To decide upon

the manner of providing for the expenses of the School.

Mode of challenging voters at School meetings. voter in such

Declaration re

VII. And be it enacted, That if any person offering to vote at an annual or other school section meeting, shall be challenged as unqualified by any legal 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 quired. householder] in this school section, and that I am legally qualified "to vote at this meeting." 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 always, that every person who shall wilfully make a false declaration of his right to vote, shall be deemed guilty of a misdemeanor, 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 recovered, with costs, by the Trustees of the school section, for its use, before any Justice of the Peace, having jurisdiction within such school section.

a

Proviso: Penalty for making false declaration and for voting

illegally.

Mode of recovering such penalty and its applica

tion.

Penalty for refus

ing to serve as School Trustee.

VIII. And be it enacted, That if any person chosen as Trustee, shall refuse to serve, he shall forfeit the sum of one pound five shillings; 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 as Trustee may resign with the consent of his colleagues in office and of the Local Superintendent, expressed in writing.

Proviso:

Mode and conditions of resigning the of fice of Trustee.

Penalty for not giving due notice of annual school meeting.

duty it was to

Mode of recover

ing and applying such penalty.

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 give such notice, shall respectively and 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 of any resident in such section, before any such Justice of the Peace: Provided always, that in the default of the holding of any school section meeting, as hereinbefore authorized by this Act, for want of the proper notice, then any two freeholders or householders in such section, are hereby Mode of calling authorized, within twenty days after the time at a school meeting which such meeting should have been held, to call in default of the annual meeting such meeting by giving six days' notice, to be posted not being called. 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.

Duties and powers of such meeting.

Trustees to be a
Corporation.

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 in the County of

Proviso: Such Corporation not to cease for want want of Trustee

of ;" 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 meetMode of electing ing of the freeholders or householders, who shall new Trustees, if proceed to elect three Trustees, in the manner 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.

necessary.

Mode of deciding on the site of a school-house.

XI. And be it enacted, That in any ease of diffe rence 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

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