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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 authoed: Proviso r ity 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of Public Schools in Upper Canada, and for repealing the present School Act,” shall be, and the same are hereby repealed : Provided always, nevertheless, firstly, that no Act or part of an Act repealed by either of the Acts hereby repealed, shall be revived by the passing of this Act : And provided also, secondly, that the repeal of the said Acts shall not extend or be construed to extend to any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 Aots, or either of them : An school divi. And provided also, thirdly, that all School Sections sions, elections, or other School divisions, together with all elections appointments, contracts, acc.and appointments to office, all agreements, contracts, confirmed.
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all parties concerned, as if made under the authority of this Act, and shall so continue until altered, modified, or superseded, according to the provisions of this Act: And provided also, fourthly, that nothing herein contained shall affect the liability of any District, County, City,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that nothing in the said Act secondly above recited, contained, shall extend, or be construed to extend, to have repealed any Act of the Parliament of this Province, whereby provision was made for the appropriation of money from the consolidated revenue fund of this Province, for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.
I. ELECTION AND DUTIES OF SCHOOL TRUSTEES.
II. And be it enacted, That the annual meetings Annual School
meetings to be for the elections of School Trustees, as hereinafter held throughout provided by this Act, shall be held in all the Villages, U. C., on the
second Wednes Towns, Cities, and Townships of Upper Canada, on day in January at the second Wednesday in January, in each year,
10 o'clock, a. M. commencing at the hour of Ten of the clock in the forenoon.
III. And be it enacted, That in all School divi- One Trustee in
each School Secsions (except in Cities, Towns, and Incorporated
tion to be elected Villages) which have been established according to at each annual law, and which have been called “School Sections,
School meeting. 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, Provien that the same individual, if willing, may be re- individual may
be re-elected, but elected : And provided also, that no School Trustee
not without his shall be re-elected, except by his own consent, during consent for four
years. the four years next after his going out of office. IV. And be it enacted, That whenever any school Mode of calling
the first School ormed in any Township, as provided meeting in a new in the eighteenth section of this Act, the Clerk of School section. 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 Socrotary. Duty of the Secretary.
the proceedings of such meeting ; and the ChairDuty of the
man of such meeting shall decide all questions of Chairman.
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, A poll to be at the request of any two electors, grant a poll for granted at the request of any recording the names of the voters by the Secretary: two electors and it shall be the duty of the electors present at such meeting, or a majority of them, to elect from the freeholders or Three Trustees householders in such section, three Trustees, who to be elected.
shall respectively continue in office as follows: Order of retiring the last person elected shall continue in office until from otfice.
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 Jocal Superinten- ing, and of every annual school section meeting, deot of Schools.
signed by the Chairman and Secretary, shall be forthwith transmitted by the Secretary to the Local Superintendent of Schools.
Proceedings and VI. And be it enacted, That at every annual duties of annual School section school section meeting in any Township, as authomeetings.
rized 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,
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.
To receive and decide upon the annual financial report of the Trustees.
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
To elect one or more Trustees.
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.
To decide upon the manner of providing for the expenses of the School.
VII. And be it enacted, That if any person offer- Mode of chal
lenging voters at ing to vote at an annual or other school section meet- School meetings ing, shall be challenged as unqualified by any legal voter in such section, the Chairman presiding at such meeting shall require the person so offering, to make the following declaration :- Declaration re“I do declare and affirm that I am a freeholder for 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 Proviso : Penalty every person who shall wilfully make a false decla- for making a
false declaration ration of his right to vote, shall be deemed guilty of and for voting a misdemeanor, and punishable by fine or imprison- illegally. ment, 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, Mode of recoverwith costs, by the Trustees of the school section, for
ing such penalty
and its applicaits use, before any Justice of the Peace, having tion. jurisdiction within such school section.
VIII. And be it enacted, That if any person Penalty for refus
ing to serve as chosen as Trustee, shall refuse to serve, he shall School Trustee. 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 Proviso: Mode
and conditions of chosen as Trustee may resign with the consent ;
resigning the of of his colleagues in office and of the Local Superin- fice of Trustee. tendent, expressed in writing.
Penalty for not IX. And be it enacted, That in case no annual or giving due notice of annual school other school section meeting be held for want of the meeting.
proper notice, the Trustees or other person whose duty it was to give such notice, shall respectively and individually Mode of recover- forfeit the sum of one pound five shillings, to be sued ing and applying 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; Duties and pow- and the meeting thus called shall possess all the ers of such meeting.
power, and perform all the duties of the meeting, in
the place of which it shall have been called. Trustees to be a X. And be it enacted, That the Trustees in each Corporation.
school section shall be a Corporation, under the name of “ The Trustees of School Section, Number -, in the Township Proviso: Such of — in the County of — ;" Provided Corporation not
always, that no such Corporation of any school secwant of Trustee tion 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 prenecessary.
scribed 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. Mode of deciding XI. And be it enacted, That in any case of diffe: on the site of a school-house. 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
to cease for want