Liability of persons sending children from other sections than the one in which they reside; how regulated.

XII. And be it enacted, That any person residing in one School Section, and sending a child or children to the School of a neighboring School Section, shall nevertheless be liable for payment of all rates assessed for the School purposes of the Section in which he resides, the same as if he sent his child or children to the School of such Section; and such child or children shall not be returned as attending any other than the School of the Section ported. in which the parents or guardians of such child or children reside; but this clause shall not be held to Exception in apply to persons sending children to or supporting

Such attend

ance, how re

certain cases.

separate schools, or to prevent any person who may be taxed for Common School purposes on property situate in a different School Section from that in which he resides, from sending his children to the School of the Section in which such property may be situate, on as favorable terms as if he resided in such Section.

(XIII. And be it enacted, That no rate shall be imposed upon the inhabitants of any School Section according to the whole number of children, or to the number of children of legal school age, residing in such section; but all the School expenses of such section shall be provided for by any or all of the three authorized methods of voluntary subscription, rate-bill for each pupil attending the School, or by rate upon property: Provided always, that no ratebill shall be imposed exceeding One Shilling and Three Pence per month for each pupil attending the School.

No rate per ca pita shall be im posed upon children.

How school expenses shall be provided.

No rate-bill shall exceed 1s. 3d per month.

Local Supts. to continue in office

till April or longer. conduct, or year following

IV. LOCAL SUPERINTENDENTS OF SCHOOLS. XIV. And be it enacted, That any person who has been or may be appointed Local Superintendent of Schools, shall continue in office (unless he resigns or is removed from office for neglect of duty, improper incompetency) until the first day of April of the that of his appointment: Provided always, that no Local Superintendent shall be a Teacher or Trustee of any Common School during the period of his being in office: Provided, secondly, that no Local gations.

1st Proviso. Shall not be a Teacher or 'Trustee.

Powers and obli

2d Proviso-Re- Superintendent shall be required unless he shall pating to Visits. judge it expedient (except with a view to the ad justment of disputes), or unless directed to do so by the Municipa lity appointing him, to make more than two official visits to each School Section under his charge, one of which visits shall be made some time between the first of April and the first of October, and the other sometime between the first of October and the first of April: Provided, thirdly, that the Local Superintendents of adjoining Townships shall have authority and are hereby required to determine the sum or sums which shall be payable from the School apportionment and assessment of each Township in support of Schools of Union School Sections consisting of portions of such Townships; and

3d Proviso-Ap portionment to Union Schools.

cial School Section Meetings.

6th Proviso-In

they shall also determine the manner in which such 4th Proviso. sum or sums shall be paid: Provided, fourthly, that in the event of one person being Local Superinten. dent of both of the Townships concerned, he shall act in behalf of such Townships; and in the event of the Local Superintendents of Townships thus concerned not being able to agree as to the sum or sums to be paid to each such Township, the matter shall be referred to the Warden of the County or Union of Counties 5th Proviso-Spe for final decision: Provided, fifthly, that each Local Superintendent of Schools shall have authority to appoint the time and place of a Special School Section Meeting, at any time and for any lawful purpose, should he deem it expedient to do so: Provided, sixthly, that each Local Superintendent of Schools shall have authority, within twenty days after any meeting for the Election of Common School Section Trustees within the limits of his charge, to receive and investigate any complaint respecting the mode of conducting such Election, and to confirm it or set it aside, and appoint the time and place of a new Election, as he shall judge right and proper: 7th Proviso-Spe- Provided, seventhly, that each Local Superintendcertificates to ent shall have authority, on due examination (accordTeachers. ing to the programme authorized by law for the examination of Teachers),* to give any candidate a certificate of qualification to teach a School within the limits of the charge of

vestigating Elec

tion Complaints.

cial and limited

* See pamphlet edition of the Act of 1850, pp. 101-103.

such Local Superintendent, until the next ensuing meeting (and no longer) of the County Board of Public Instruction of which such Local Superintendent is a Member; but no such certificate of qualification shall be given a second time, or shall be valid, if given a second time to the same person in the same County: Provided, eighthly, that in the event of a Local Superintendent of Schools resign- vacancy in office ing his office, the Warden of the County or Union

8th ProvisoWarden may fill

of Local Supt.

of Counties within such Superintendent shall have held office, shall have authority, if he shall deem it expedient, to appoint a fit and proper person to the office thus vacated until the next ensuing meeting of the Council of such County or Union of Counties.

V. MISCELLANEOUS PROVISIONS.

Last Proviso of

17th section of C. School Act of 1850 repealed.

Arbitrators between Teachers and Trustees inve-ted with full powers to decide disputes.

XV. And be it enacted, That the last proviso of the seventeenth Section of the Upper Canada School Act of 1850, shall be and is hereby repealed ;* And be it also enacted, That the Arbitrators mentioned in the said seventeenth Section of the said Act, shall have authority to administer oaths to and to require the attendance of all or any of the parties interested in the said reference, and of their witnesses, with all such books, papers and writings as such Arbitrators may require them or either of them to produce; and the said Arbitrators, or any two of them, may issue their warrant to any person to be named therein, to enforce the collection of any sum or suins of money by them awarded to be paid, and the person named in such warrant shall have the same power and authority to enforce the collection of the money or moneys mentioned in the said warrant, with all reasonable costs, by seizure and sale of the property of the party or corporation against whom the same is rendered, as any Bailiff of a Division Court has in enforcing a judgment and execution issued out of such Court; and no action shall be brought in any Court of Law or Equity, to enforce any claim or demand which by the said seventeenth Section of the said in part recited Act, may be referred to arbitration as therein mentioned.

XVI. And be it enacted, That whenever the lands or property

* See pamphlet edition of the Common School Act of 1850, page 18.

B

Assessors shall separarely assess

the limits of School Sections.

of any individual or company shall be situate within the limits of two or more School Sections, it shall be the duty of each Assessor appointed by any Municipality, to assess property within and return on his Roll, separately, the parts of such lands or property according to the divisions of the School Sections within the limits of which such lands or property may be situate: I'rovided always, that every undivided occupied lot or part of a lot shall only be able to be assessed for School purposes in the School Section where the Occupant resides.

Proviso.

Township Councils shall not collect more than one School rate per year except for sites and

School Houses.

XVII. And be it enacted, That no Township Council shall have authority to levy and collect in any School Section during any one year, more than one School Section rate, except for the purchase of a School site or the erection of a School House; nor shall any such Council have authority to give effect to the ninth clause of the twelfth section of the Upper Canada School Act of 1850, for the levying and collection of rates for School purposes of any School Section in any one year, unless the Trustees of such School Section make application to the Council at ́or before its meeting in August of such year: Provided also, that each such Township Council shall have authority, under the restrictions imposed by law in regard to the alteration of School Sections, to form such part of any Union School Section as is situated within the limits of its jurisdiction, into a distinct School Section, or attach it to one or more existing School Sections or parts of Sections, as such Council shall judge expedient.†

Application from trustees for rates shall be made before August.

Proviso in regard toUnion Sections

XVIII. And be it enacted, That for and notwithstanding anything contained in the Upper Canada School Act of 1850, the Chief Superintendent of Schools shall have authority to direct the distribution of the Common School Fund of any Township, among the several School Sections and parts of Sections entitled to share in the said Fund, according to the length of time in each year, during which a School shall have been kept open by a legally qualified Teacher in each of such Sections or parts of Sections.

Chief Supt. may direct the distri burion of the C. & Fund according to the length of time a School is kept open.

* See pamphlet edition of the Common School Act of 1850, page 18. Ibid, page 21.

Ibid, page 32, 1st clause, 31st section.

Penalty for disturbing any Public School.

XIX. And be it enacted, That if any person shall wilfully disturb, interrupt or disquiet any Common or other Public School, by rude or indecent behaviour, or by making a noise either within the place where such School is kept or held, or so near thereto as to disturb the order or exercises of such School, such person shall, on conviction thereof before any Justice of the Peace, on the oath of one or more credible witnesses, forfeit and pay such a sum of money

£5 and costs.

not exceeding Five Pounds, together with the costs of and atten ling the conviction, as the said Justice shall think fit; such conviction and all other convictions before a Justice or Justices of the Peace under this Act or the Upper Canada School Act of 1850, and the costs thereof, to be levied and collected from the offender, who, in default of payment, may be imprisoned for any time not exceeding thirty days, unless such fine and costs, and the reasonable expenses of endeavoring to callect the same, shall be sooner paid.*

Authority of J.P. under the Com. School Acts.

Validity of Certificates granted to Teachers under certain circumstances re

and

of

cognized. proceedings Board of Public

firmed.

XX. And be it further enacted, That the Certificates of Qualification which have heretofore been granted to Teachers of Common Schools by any County or Circuit Board of Public Instruction in Upper Canada, or at any meeting of any Members not less than three of the Members of such Boards, and which have not been cancelled, shall at all times be considered as duly and legally granted, notwithstanding Instruction conany want of notice to the several Members of the said Board, of the times and places of meeting for the granting such certificates, and notwithstanding any other want of form in the organizing or conducting of the business of any such County or Circuit Board; and any certificate purporting to be granted by any such Board, or any three Members thereof, and having the signature of at least one Local Superintendent of Schools, shall be considered a good and valid certificate of qualification, according to the effect thereof, until the same shall be annulled.

purpose

Recital.

of

XXI. And whereas doubts have arisen whether the Trustees of any School Section, or the Board of School Trustees of any City, Town or Village, can appoint any one or more of their own number, Collector or Collec

Power of C. S. rustees to ap

*See pamphlet edition of the C. S. Act of 1850, section 46, page 44.