Council of Public Of whom to consist. Providing a place and defraying expenses of the meetings of such Council, &c. Clerk to the Duties of the To regulate its derived, with such statements and suggestions for improving the Common Schools and the Common School laws, and promoting education generally, as he shall deem useful and expedient. TENTHLY.-CONSTITUTION AND DUTIES OF THE COUNCIL OF PUBLIC INSTRUCTION. XXXVI. And be it enacted, That the Governor shall have authority to appoint not more than nine persons (of whom the Chief Superintendent of Schools shall be one) to be a Council of Public Instruction for Upper Canada, who shall hold their office during pleasure, and shall be subject from time to time to all lawful orders and directions in the exercise of their duties, which shall from time to time be issued by the Governor. XXXVII. And be it enacted, That the Chief Superintendent of Schools shall provide a place for the meetings of the Council of Public Instruc-, tion, and shall call the first meeting of the Council, and shall have authority to call a special meeting at any time by giving due notice to the other members; that the expenses attending the proceedings of the said Council, shall be accounted for by the Chief Superintendent of Schools as part of the contingent expenses of the Education Office; that the Senior Clerk in the Education Office shall be Recording Clerk to the said Council, shall enter all its proceedings in a book kept for that purpose, shall, as may be directed, procure the books and stationery for the Normal and Model Schools, and shall keep all the accounts of the said Council. XXXVIII. And be it enacted, That it shall be duty of the said Council of Public Instruction, (three members of which, at any lawful meeting, shall form a quorum for the transaction of business) First. To appoint a Chairman, and establish the times of its meetown proceedings. ings, and the mode of its proceedings; which Chairman shall be entitled to a second or casting vote in cases of an equality of votes on any question. To provide for permanent estaefficiency of Nor blishment and mal School. To make rules for the Normal School: prescribe terms of adinis sion, &c. To appoint To make regulations for the government of Secondly. To adopt all needful measures for the permanent establishment and efficiency of the Normal School for Upper Canada, containing one or more Model Schools for the instruction and training of Teachers of Common Schools in the science of Education and Art of Teaching. Thirdly. To make from time to time the rules and regulations necessary for the management and government of such Normal School, to prescribe the terms and conditions on which students shall be received and instructed therein,-to select the location of such school, and erect or procure and furnish the buildings therefor, to determine the number and compensation of teachers, and all others who may be employed therein; and to do all lawful things which such Council shall deem expedient to promote the objects and interests of such school. Fourthly. To make such regulations from time to time as it shall deem expedient for the organization, government and discipline of Common common schools. Schools, the classification of Schools and Teachers, and for School Libraries throughout Upper Canada. To examine and recommend books. Proviso. To account annually Grant for the Normal School. Fifthly.-To examine, and at its discretion, recommend or disapprove of text-books for the use of schools, or books for School Libraries: Provided always, that no portion of the Legislative School Grant shall be applied in aid of any school in which any book is used that has been disapproved of by the Council, and public notice given of such disapproval. Sixthly. To transmit annually, through the Chief Superintendent of Schools, to the Governor, to be laid before the Legislature, a true account of the receipt and expenditure of all moneys granted for the establishment and support of the Normal School. ELEVENTHLY.-MISCELLANEOUS PROVISIONS. Normal school. XXXIX. And be it enacted, That a sum not exceeding Fifteen Grant for the Hundred Pounds per annum shall be allowed out of the Legislative School Grant for the salaries of officers and other contingent expenses of the Normal School; and that a sum not exceeding one thousand pounds per annum be allowed out of the said grant to facilitate the attendance And to facilitate of Teachers in training at the Normal School, under such regulations the attendance of as shall from time to time be adopted by the Council of Public Instruction. Teachers. funds consti apportionment. XL. And be it enacted, That the sum of money apportioned annually Common school by the Chief Superintendent of Schools to each County, Township, City, futed. Town or Village, and at least an equal sum raised annually by local assessment, shall constitute the Common School Fund of such County, Conditions of Township, City, Town or Village, and shall be expended for no other purpose than that of paying the salaries of qualified Teachers of Common Schools: Provided always, that no County, City, Town or Village shall be entitled to a share of the Legislative School Grant without raising by assessment a sum at least equal (clear of all charges for collection) to the share of the said School Grant apportioned to it; and provided also, that should the Municipal Corporation of any County, City, Town or Village, raise in any one year a less sum than that apportioned to it out of the Legislative School Grant, the Chief Superintendent of Schools shall deduct a sum equal to the deficiency, from the apportionment to such County, City, Town or Village in the following year. XLI. And be it enacted, That it may and shall be lawful for the Governor in Council, to authorize the expenditure annually, out of the share of the Legislative School Grant coming to Upper Canada, of a sum not exceeding three thousand pounds, for the establishment and support of School Libraries, under such regulations as are provided for by this Act; of a sum not exceeding twenty-five pounds in any County or Riding for the encouragement of a Teacher's Institute, under the regulations herein before provided; and of a sum not exceeding two hundred pounds in any one year to procure plans and publications for the improvement of School Architecture and practical Science in connexion with the Common Schools: Provided always, that the amount heretofore apportioned in aid of common schools to the several Counties, Cities, Towns and Villages in Upper Canada, shall not be lessened by the appropriation of such sums, but they shall be taken out of any additional amount awarded to Upper Canada, out of the said Grant, in consideration of the increase of its population in proportion to that of the whole Province. Certain sums to be expended for school libraries, &c. Proviso: the amount heretofore apportioned in aid of common lessened. schools, not to be be payable. XLII. And be it enacted, That the sum of money annually appor- Moneys appor tioned in aid of Common Schools in the several Counties, Cities, Towns tioned when to and Villages in Upper Canada, shall be payable on or before the first day of July, in each year, to the Treasurer of each County, City, Town and Village, in such way as the Governor in Council shall from time to time direct. fund against loes. XLIII. And be it enacted, That if any part of the Common School Protection of the Fand shall be embezzled or lost through the dishonesty or faithlessness common school of any party to whom it shall have been entrusted, and proper security against such loss shall not have been taken, the person or persons whose duty it was to have exacted such security, shall be responsible for the sum or sums thus embezzled or lost, and the same may be recovered from them by Civil Suit in any Court of Law having jurisdiction to the Certificates of qualification for Ú. C. may be granted to Teachers under certain circum stances. Proviso. Proviso: Proceedings if any surer shall wrongfully hold Over money, chattels, &c. amount claimed, by the party or parties entitled to receive such sum or sums, or at the suit of the Crown. XLIV. And be it enacted, That it may and shall be lawful for the Chief Superintendent of Schools, on the recommendation of the Teachers in the Normal School, to give to any Teacher of Common Schools a certificate of qualification which shall be valid in any part of Upper Canada, until revoked according to Law; Provided always, that no such certificate shall be given to any person who shall not have been a student in the Normal School; Provided always, that if any SecretaryTreasurer appointed by the School Trustees of any school division, or Secretary-Trea- any person having been such Secretary-Treasurer, and having in his possession any books, papers, chattels, or moneys, which shall have come into his possession, as such Secretary-Treasurer, shall wrongfully withhold or refuse to deliver up, or to account for and pay over the same or any part thereof to such person, and in such manner as he may have been lawfully directed by any majority of the School Trustees for such School division then in office, such withholding or refusal shall be a misdemeanor; and upon the application of the majority of such Trustees, supported by affidavit of such wrongful withholding or refusal made by them before some Justice of the Peace, to the Judge of the County Court, such Judge shall thereupon make an order that such Secretary-Treasurer or person having been such, do appear before such Judge at a time and place to be appointed in such order, which shall, by a Bailiff of any Division Court, be personally served on the party complained against, or left with a grown-up person at his residence, and at the time and place so appointed, the Judge being satisfied that such service has been made, shall, in a summary manner, and whether the party complained of do or do not appear, hear the complaint; and if he shall be of opinion that the complaint is well founded, he shall order the party complained of to deliver up, account for and pay over the books, papers, chattels or moneys as aforesaid by a certain day to be named by the Judge in such order, together with reasonable costs incurred in making such application, as the Judge may tax, and in the event of a non-compliance with the terms specified in the said order or any or either of them, then to order the said party to be forthwith arrested by the Sheriff of any County in which such party shall be found, and be by him committed to the Common Gaol of his County, there to remain without bail or mainprize until such Judge shall be satisfied that such party has delivered up, accounted for or paid over the books, papers, chattels or moneys in question in the manner directed by the majority of the Trustees as aforesaid, upon proof of his having done which, such Judge shall make an order for his discharge, and he shall be discharged accordingly; Provided always, that no proceeding under this proviso shall be construed to impair or affect any other remedy which the said Trustees may have against such Secretary-Treasurer, or person having been such, or his sureties. Proviso. Salaries of Super how paid. Punishment of XLV. And be it enacted, That no part of the salaries of the Chief or intendents, &c., Local Superintendent of Schools, nor of any other persons employed, or expenses incurred, in the execution of this Act, shall be paid out of the Common School Fund, which shall, wholly and without diminution, be expended in the payment of Teachers' salaries as herein before provided. XLVI. And be it enacted, That any person who shall wilfully dising meetings, de, turb, interrupt, or disquiet the proceedings of any school meeting authorized to be held by this Act, or any school established and conducted under its authority, shall, for each offence, forfeit, for Common School purposes, to the School Section, City, Town or Village, within the limits of which such offence shall have been committed, a sum not exceeding five pounds, and may be prosecuted before any Justice af persons disturb the Peace, by any person whatever, and convicted on the oath of one credible witness other than the prosecutor, and if convicted, the said penalty shall, if not forthwith paid, be levied with costs by distress and sale of the goods and chattels of the offender, under a Warrant of such Justice, and paid over by him to the School-Treasurer of such Section, City, Town or Village; or the said offender shall be liable to be indicted and punished for the same as a misdemeanor. XLVII. And be it enacted, That the first election of Trustees in all the Cities and Towns of Upper Canada, as provided for in the twentysecond section of this Act, shall commence at ten of the clock in the forenoon of the first Tuesday in September, one thousand eight hundred and fifty, and that the places of election in the several Wards of each City or Town, together with the name of the Returning Officer for each such Ward, shall be duly notified, by causing notices to be put up in at least three public places in each such Ward, and not less than six days before such election, by the Mayor of each City and Town respectively: Provided always, that the School Trustees then elected in each City and Town, shall be subject to all the obligations which have been contracted by the present School Trustees of such City or Town; and shall be invested with all the powers conferred by this Act on School Trustees of Cities and Towns for the fulfilment of such obligations, and for the performance of all other duties imposed by this Act; and the word " County" "shall include Unions of Counties for Municipal purposes. XLVIII. And be it enacted, That the Interpretation Act shall apply Interpretation to this Act; that the word "Teacher," shall include female as well as clause. male teachers; that the word "Townships" shall include Unions of Townships made for Municipal purposes. m ACT 12 VIC. CAP. 200. An Act to raise an Income of One Hundred Thousand Pounds out of the [Royal Assent promulgated by Message to the HEREAS it is desirable that an annual sum of one hundred Preamble. WHEREAS it is desirabd be aised from the Public Lands of this Province, for the maintenance and support of Common Schools therein, and that so much of the first moneys to be raised by the sale of such Lands as shall be sufficient to create a Capital which shall produce the said annual sum of one hundred thousand pounds at the rate of six per cent. per annum, should be set apart for that purpose: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent, &c., That all moneys that shall arise from the sale of any of the Public Lands of the Province, shall be set apart for the purpose of creating a capital which shall be sufficient to produce a clear an of one hundred thousand pounds per annum, which said Capital and the Income to be derived therefrom shall form a public fund to be ealled the Common School Fund. Allmoneys arising from the Public Lands appropriated to Fund, until they amount to a Sale of any form a School certain sum. neys shall be invested. IL And be it enacted, That the Capital of the said Fund shall from How such motime to time be invested in the Debentures of any Public Company or Companies in the Province, which may have been incorporated by an Aet of the Legislature, for the construction of Works of a public nature, and which said Company or Companies shall have subscribed their companies. Stock of Public Provincial whole Capital Stock, paid up one half of such Stock and completed one half of such Work or Works, or in the Public Debentures of this Próvince, for the purpose of creating such Annual Income; which said Fund and the Income thereof shall not be alienated for any other purpose whatever, but shall be and remain a perpetual Fund for the supnoneys shall be port of Common Schools, and the establishment of Township and Parish Libraries. To what pur poses only such applied. One Million of III. And be it enacted, That the Commissioner of Crown Land Acres to be set under the direction of the Governor in Council, shall set apart and apart for the purposes of forming appropriate one million of Acres of such Public Lands, in such part or the said Fund. parts of the Province as he may deem expedient, and dispose thereof on such terms and conditions as may by the Governor in Council be approved, and the money arising from the sale thereof shall be invested and applied towards creating the said Common School Fund: Provided charges to be first always, that before any appropriation of the moneys arising from the sale of such Lands shall be made, all charges thereon for the management or sale thereof, together with all Indian annuities charged upon and payable thereout, shall be first paid and satisfied. Proviso: certain paid. IV. And be it enacted, That so soon as a net Annual Income of fifty thousand pounds shall be realized from the said School Fund, the Public grant of money paid out of the Provincial Revenue for Common Schools, shall for ever cease to be made a charge on such revenue; Provided always nevertheless, that in the mean time the interest arising from the said School Fund so to be created as aforesaid, shall be annually paid over to the Receiver General, and applied towards the payment of the yearly grant of fifty thousand pounds now appropriated for the support of the Common Schools: Provided further, that after the said annual sum of fifty thousand pounds shall have been taken off the Consolidated Revenue, if the income arising from the said School Fund shall from any cause whatever fall short of the annual sum of fifty thousand pounds, then it shall and may be lawful for the Receiver General of the Province, to pay out of the said Consolidated Revenue, such sum or sums of money as may from time to time be required to make up such deficiency, the same to be repaid so soon as the said Income of the said School Fund shall exceed the said sum of fifty thousand pounds. An Act to establish Public Schools in each and every District of this Province. [Passed 10th March, 1807.] MOST GRACIOUS SOVEREIGN: HEREAS it is considered expedient that some means be devised W for the education of youth-May it therefore please your Majesty, that it be enacted; And it is hereby enacted by the King's most Excellent Majesty, by and with the advice and consent &c., That for the establishment of Public Schools in this Province, the sum of eight hundred pounds shall be annually paid, in manner herein after mentioned, out of any monies which are now raised or levied, or which hereafter may be raised or levied, by authority of Parliament, to or for the uses of this Province. II. And be it further enacted by the authority aforesaid, That there shall be one Public School in each and every District of this Province; and |
