"the case may be), and that I have paid a public School tax in "this Ward, (or Village, as the case may be), within the last "twelve months, and that I am legally qualified to vote at this "Election." Proviso: Penalty tion. And the person making such declaration shall be permitted to vote: Provided always, that any person who shall, on the for false declara- complaint of any person, be convicted of wilfully making a false declaration of his right to vote, shall be deemed guilty of misdemeanor, and punishable by fine and imprisonment in the manner provided for similar cases in the seventh section of the said Upper Canada School Act of 1850.* Persons sending children to ог subscribing a cer tain amount to separate schools to be exempted from Common School rates. 11. SEPARATE SCHOOLS. IV. And be it enacted, That in all Cities, Towns and incorporated Villages and School Sections, in which separate Schools do or shall exist according to the provisions of the Common School Acts of Upper Canada,† persons of the religious persuasion of each such separate School, sending children to it, or supporting such School by subscribing thereto annually an amount equal to the sum which each such person would be liable to pay (if such separate School did not exist) on any assessment to obtain the annual Common School grant for each such City, Town, incorporated Village or Township, shall be exempted from the payment of all Rates imposed for the support of the common public Schools of each such City, Town, incorporated Village or School Section, and of all Rates imposed for the purpose of obtaining the Legislative Common School Grant for such City, Town, incorporated Village or Township; and each such separate School shall share in such Separate Schools Legislative Common School Grant only (and not in to share in Legis- any School money raised by Local Municipal Assessment) according to the average attendance of pupils rage attendance. attending each such separate School, (the mean attendance of pupils for winter and summer being taken) as compared with the whole average attendance of pupils attending the Common Schools in each such City, Town, incorporated Village or Township; and a certificate of qualification signed by the majority of the lative Sch. Grant according to ave * See Pamphlet Edition of the School Act, 1850, p. 9. Ibid., page 21, section XIX.; also 14 and 15 Victoria, chapter 111. emptions fromthe payment of C. School Rates. Conditional Ex ception. 2d Proviso-Returns from Separate Schools to local Superinten dent. Names of supportersnames of children -amount subsubscribed. Trustees of such separate School shall be sufficient for any Teacher of such School; Provided always, firstly, that the exemption from the payment of such School Rates,as herein provided, 1st Proviso-Exshall not extend beyond the period of such persons sending children to or subscribing as aforesaid for the support of such separate School; nor shall such exemption extend to School rates or taxes imposed or to be imposed to pay for School-houses, the erection of which was undertaken or entered into before the establishment of such separate School; Provided secondly, that the Trustees of each such separate School shall, on or before the thirtieth day of June, and thirty-first day of December of each year, transmit to the local Superintendent, a correct return of the names of all persons of the religious persuasion of such separate School, who shall have sent children to or subscribed as aforesaid for the support of such separate School during the six months previous, and the names of the children sent, and amounts subscribed by them respectively, together with the average attendof pupils in such separate School during such period; And the Superintendent shall forthwith make a return to the Clerk of the Municipality and to the Trustees of the School Section or Municipality in which such separate School is established, stating the names of all the persons who, being members of the same religious denomination, contribute or send children to such separate School, and the Clerk shall not include in the Collector's Roll for the general or other School Rate, and the Trustees or Board of Trustees shall not include in their School Rolls, except for any rate for the building of School-houses undertaken before the establishing of such separate School as herein mentioned, the name of any such person as appears upon such return then last received from the said Superintendent: And the Clerk or other Officer of the Municipality within which such separate School is established, having possession of the Assessor's or Collector's Roll of the said Municipality, is hereby required to allow any one of the said Trustees, or their authorized Collector, to make a copy of such Roll as far as it shall allowed. relate to their School Section; Provided thirdly, that the provisions Local Superintendent to make return to Clerk of Municipality. Clerk shall not include the supporters of separate Schools in Collector's Roll. Access to Roll 3rd Proviso. 4th Proviso. Trustees of se be a corporation. Their power to collect rates, &c. of the thirteenth section of the said Upper Canada School Act of 1850, shall apply to the Trustees and Teachers of separate Schools, the same as to Trustees and Teachers of other Common Schools :* Provided fourthly, that the Trustees of each such separate School shall be a corporation and shall have the same power to impose, levy and collect School Rates or subparate Schools to scriptions upon and from persons sending children to or subscribing towards the support of such separate School, as the Trustees of a School Section have to impose, levy and collect School Rates or subscriptions from persons having property in such Section or sending children to or subscribing towards the support of the Common School of such section :† Provided fifthly, that the foregoing provisions in this clause shall take effect from the first day of January, one thousand eight hundred and fifty-three, and shall extend to the separate Schools established or intended to be established under the provisions of the Upper Canada Common School Acts: Provided sixthly, that no person belonging to the religious persuasion of such separate School, and sending a child or children thereto or subscribing towards the School Trustees. support thereof, shall be allowed to vote at the Election of any Trustee for a public Common School in the City, Town, incorporated Village or School Section within the limits of which such separate School shall be situate. } 5th Proviso. To have effect from Jan., 1853. 6th Proviso. Supporters of separate Schools not permitted to vote for Common Trustees of Com. Schools to transmit half-yearly III. COMMON SCHOOL TRUSTEES. V. And be it enacted, That the Trustees of each School Section shall, on or before the thirtieth day of June, and the thirty-first day of December in each year, transmit to the local Superintendent, a correct return of the average attendance of pupils in the School or Schools under their charge during the six months then immediately preceding; nor shall any School Section be entitled to the apportionment from the School Fund for the said six months, the Trustees and Teacher of which shall neglect to transmit a verified statement of such average atten returns of average attendance to local Supt. Penalty for omis sion to do so. * See pamphlet edition of the School Act, 1850, page 16. dance of pupils in their School or Schools; Provided always, that nothing herein contained shall be construed to repeal the provisions of the thirty-first section of the said Upper Canada School Act of 1850.* Proviso. C. School Trus tees may assess for sites and School-houses. Proviso. Must call a Special Meeting therefor. VI. And be it enacted, That the Trustees of each School Section shall have the same authority to assess and collect School Rates for the purpose of purchasing School sites and the erection of School Houses, as they are now or may be invested with by law to assess and collect Rates for other School purposes: Provided always, that they shall take no steps for procuring a School site on which to erect a new School House, or changing the site of a School House established, or that may be hereafter established, without calling a Special Meeting of the Freeholders, and Householders of their Section to consider the matter; and if a majority of such Freeholders and Householders present at such Meeting, differ from a majority of the Trustees as to the site of a School House, the question shall be disposed of in the manner prescribed by the eleventh section of the said Upper Canada School Act of 1850:† Provided that such Trustees shall, whenever they impose any rate for School purposes, make a return to the Clerk of the Municipality of the amount of the rate so imposed by them. VII. And be it enacted, That the Trustees of each School Section shall see that each School under their charge is, at all times, duly provided with a Register and Visitor's Book, in the form prepared according to law. Register and Union of Common with Grammar Schools. VIII. And be it enacted, That the Trustees of each School Section shall have authority to take such steps as they may judge expedient to unite their School with any public Grammar School, which shall be situate within or adjacent to the limits of their School Section. IX. And be it enacted, That the Trustees of each School Section, shall be personally responsible for the amount of any School moneys which shall Personal respon of Trus tees in case of neglect of duty. * See pamphlet edition of the School Act of 1850, pp. 31-35. Ibid, page 10. be forfeited and lost to such School Section during the period of their continuance in office, in consequence of their neglect of duty; and the amount thus forfeited or lost shall be collected and applied in the manner provided by the ninth section of the said Upper Canada School Act of 1850, for the collection and application of the fines imposed by the said section.* Penalty on Trustees for delaying their Annual Report. X. And be it enacted, That the Trustees of each School section shall each personally forfeit the sum of One Pound Five Shillings for each and every week that they shall neglect, after the thirty-first day of January in each year, to prepare and forward to their local Superintendent of Schools, their School Report, as required by law, for the year ending the thirty-first of December inmediately preceding; and which sum or sums thus forfeited, shall be sued for by such local Superintendent, and collected and applied in the manner provided by the ninth section of the said Upper Canada School Act of 1850.* Agreements with teachers not valid in certain cases. XI. And be it enacted, That no agreement between Trustees and a Teacher in any School Section, made between the first of October and the second Wednesday in January, shall be valid or binding on either party after the second Wednesday in January then next, unless such agreement shall have been signed by the two Trustees of such School Section, whose period of office shall extend to one year beyond the second Wednesday of January, after the signing of such agreement.† * See pamphlet edition of the School Act of 1850, page 10. All agreements between trustees and a teacher must be signed by at least two of the trustees, and the teacher; and must have the corporate sea! of the section attached to it. otherwise the trustees may be made personally responsible for the fulfilment of their agreement, should they be sued by the teacher. It should also be entered in the trustees' book, and a copy of it given to the teacher. The trustees being a corporation, their agreement with their teacher is binding on their successors in office, if made in accordance with the foregoing section; and should they refuse or wiltully neglect to exercise the corporate powers vested on them, they would be personally liable for the amount due a teacher-see sixteenth clause of the twelfth section of the School Act of 1850. As to the mode of settling disputes between trustees and a teacher, see the seventeenth section of the Act of 1850, (pamphlet edition, page 18), in connection with the fifteenth section of this Act.-See Chief Superintendent's Annual Report for 1851, page 208. |