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An Act for the better establishment and maintenance of Common Schools in Upper Canada – Page 2

XXI. And be it enacted, That at the first School section meeting which shall be held in a newly formed section, the landholders and householders thereat shall elect three Trustees, who shall continue in Office until the next ensuing Annual School Meeting of such section.


Trustees to be elected at first School section meeting.

XXII. And be it enacted, That at the first Annual School Meeting held in any School section after the passing of this Act, the persons qualified to vote thereat shall elect, by a majority of votes, three Trustees, who shall be numbered one, two, three; (the order to be determined by lot,) the first of whom shall continue in office one year, the second two years, the third three years ; at the end of which periods they shall respectively be replaced by others ; and that at each succeeding Annual School Meeting of such section, the persons present qualified to vote shall elect one Trustee, who shall continue in Office three years, and until a successor is elected : Provided that any Trustee, if willing, may be re-elected.


And at first and subsequent Annual School meetings.

XXIII. And be it enacted, that if any person chosen as a Trustee shall refuse to serve, he shall forfeit a sum not exceeding five pounds, which sum shall be collect and applied in the same manner as other fines imposed by this Act ; and if more or more vacancies shall occur among the Trustees, by reason of refusal to service, permanent absence from the School section, death or incapacity from sickness, such vacancy or vacancies shall be filled up by the electors of such School section at a meeting to be called for that purpose by the surviving Trustee or Trustees ; and in case of their being no surviving Trustee, the District Council of the District shall fill up the vacancies, and the person or personal who shall be appointed to fill up a vacancy or vacancies shall continue in office during the period for which the person or persons whom he or they shall succeed would have been required to serve.


Penalty on any person refusing to serve as Trustee -- £5.

Vacancies how filled.

XXIV. And be it enacted, That no School Trustee shall be re-elected except by his own consent during the four years next after his going out of office.


No Trustee to be re-elected without his consent during a certain time.

XXV. And be it enacted, That the School Trustees in each School section, shall be a Corporation, under the name of "The School Trustees of Section "number_________in the Township (Town or City) of___________in the_____________"District," -- and shall have perpetual succession, and a Common Seal, and may sue and be sued, and shall generally have the same powers which any other body politic or corporate has with regard to the purposes for which it is constituted ; but they shall not at any time hold real property.


Trustee to be a Corporation

Corporate Powers

XXVI. And be it enacted, That no such Corporation shall cease by reason of the want of School Trustees, but in such case the powers of the Corporation as regards the possession of any personal property shall become vested in the District Superintendent, in trust, until it shall be otherwise provided by law, and the School House, lands, or other real property belonging to the Common School or Common Schools, in any section under any law or by any title whatsoever, is hereby vested in the District Council, for the several Common Schools, and in trust for such Schools, respectively.


Corporation not to cease in certain cases.

XXVII. And be it enacted, That it shall be the duty of the Trustees of each School section :


Duties of Trustees.

First. To appoint one of themselves Secretary-Treasurer, who shall keep a Minute of their proceedings in a book kept for that purpose, -- shall receive the monies collected by rate-bill or subscription from the inhabitants of the School section, and shall be responsible for such monies to his colleagues, and shall pay them to the Teacher, after defraying the expense of collections, in such manner as may be directed by the majority of the Trustees.


To appoint a Secretary-Treasurer.

His Duties.

Secondly. To appoint a Collector if they shall think it expedient, to collect the sums which they have imposed upon the inhabitants of their School section, in which the said inhabitants may have subscribed, and to pay such Collector not to exceed at the rate of Five per cent. For his trouble in collecting ; and every Collector shall give such security as may be satisfactory to the Trustees, and shall have the same power in collecting the School rate, or subscription, and proceed in the same manner and be subject to the same liabilities in the discharge of this duty as is or may be by law provided in respect of Collectors of the District rates and assessments.


And a Collector.

His Duties.

Thirdly. To take possession of all Common School property, which may have been acquired or given for Common School purposes in such section, and to acquire and hold for the Corporation by any title whatsoever, all personal property, monies or income for Common Schools purposes, until the power hereby given shall be taken away or modified by law, and to apply the same according to the terms of acquiring or receiving them.


To take and hold property for Common School purposes.

Fourthly. To do whatever may be expedient with regard to building, repairing, renting, renewing, warming, or keeping in order the School House and its appendages, lands, fences and immovable property which shall be held by them ; Provided that no rate shall be levied for the building of a School House in any School section, otherwise than under a By-law of the District Council, but such rate may be forthwith placed on the Collector's Rolls by the Clerk of the Peace, and collected by the Collector ; any thing in any Act passed during the present Session, or at any previous time, and limiting the period at which By-laws, imposing Taxes, are to be passed in any year, to the contrary notwithstanding.


To build, repair, & C. School houses, & c.


Fifthly. To cause in their discretion to be levied by rate-bill, in the manner hereinafter provided by this Act, or by voluntary subscriptions, any additional sum that may be necessary to pay the salary of the Teacher and the incidental expenses of the School, such as repairing, furnishing and keeping the School House in order, and in case there be no School House, providing a suitable place for the School, providing fuel in a state fit for use in the School House selected, and all things necessary for the comfort of the pupils ; and before such Trustees, or any one on their behalf shall be entitled to receive from the District Superintendent their share of the Common School Fund, they shall furnish him with a declaration from the Secretary-Treasurer, that he has actually and bona fide received and has in his possession for the payment of the Teacher, or has paid such Teacher a sum sufficient with such allowance from the Common School Fund for the purposes aforesaid.


To levy by Rate-bill a certain additional sum.


Declaration required before they shall receive School monies.

Sixthly. To prepare and determine a rate-bill quarterly, containing the name of every person liable to pay for the instruction of children sent by him to such Schools, and the amount for which he is liable, and by themselves or any one of them, or by their Collector, to collect from every person named in such rate-bill, the amount therein charged against him, and in case they employ a collector, five per centum on such amount for the cost of collection, and to pay the amount so collected to the Teacher or Teachers entitled to receive the same ; Provided that, every person sending a child or children to any Common School, shall be rated for a period of not less than two-thirds of the current quarter.


To fix Rate-bill per quarter, & c.

Seventhly. To exempt wholly or in part from the payment of the rate-bill such indigent persons within their School section as they shall think proper ; and in default of payment by any person rated, to levy the amount by distress, and sale of the goods and chattels of the person or persons making default ; and in case such person or persons reside without the School section, and have no goods or chattels with it, at the time of making such collection, to sue and receiver by their name of office, the amount from such person or persons ; and for the collection of such rate, the Collector appointed by the Trustees shall have, within their School section, the same powers as the Collector of any District rates.


To exempt indigent persons from payment of Rate-bill.

Eighthly. To ascertain the number of children residing in their School section, over the age of five and under sixteen years, and to allow them, without exception, to attend the Common School so long as their conduct shall be agreeable to the rules of such School.


To ascertain number of children in School section.

Ninthly. To appoint and engage, from time to time, a Teacher duly qualified to teach in the School under their control, according to the provisions of this Act ; and to give such Teacher the necessary orders upon the District Superintendent for the portion of the School Fund, to which their School section may be entitled.


To engage Teachers.

Tenthly. To select from a list of books made out by the Board of Education, under the sanction of the Governor in Council, as hereinbefore provided, the books which shall be used in the School.


To select books

Eleventhly. To see that the School is conducted according to the regulations herein provided for ; and to prepare and transmit annually, on or before the second Tuesday of January, a Report to the District Superintendent, which Report shall be signed by a majority of the Trustees, and made according to a form which shall be provided by the Superintendent of Schools, and shall specify ;


To make a Report to District Superintendent.

First. The whole time a School has been kept by a qualified Teacher or Teachers in their section during the year ending the thirty-first day of the previous December, the day before that on which the Report shall be dated, except when the year commences on a Sunday, in which case the Report shall be dated on the second day of January in the year in which it shall be transmitted.


What such Report shall shew.

Time during which the School has been kept.

Secondly. The amount of monies received from the District Superintendent, and the amount of monies received from other sources, distinguishing the same ; and the manner in which all such monies have been expended.



Thirdly. The number of Children taught in the section School during the year, and the number of children residing in the section, over the age of five years and under the age of sixteen.


Number of children taught.

Fourthly. The branches taught in the School ; the number of pupils in each ; and the text books used.


What is taught in the School.

XXVIII. And be it enacted, That it shall be the duty of every Teacher of a Common School --


Duties of Teachers of Common Schools.

First. To teach diligently and faithfully, all the branches required to be taught in the School, according to the terms of his engagement with the Trustees, and according to the provisions of this Act.


To teach.

Secondly. To keep the daily, weekly and quarterly registers of the School, and to maintain proper order and discipline therein, according to the regulations and forms which shall be prepared by the Superintendent of Schools.


To keep Registers

Thirdly. To have at the end of each quarter, a public examination of his School, of which he shall give notice, through the children, to their parents and guardians, and shall also give due notice to the Trustees and any School Visitors who may reside in or adjacent to such School section.


To hold examinations.

Fourthly. To act as the Secretary to the Trustees, if they shall require it, in preparing their Annual Report : Provided always, that he is a Teacher in such School at the time of preparing such Report as is required by this Act : Provided likewise, that the District Superintendent shall have authority to withhold from any School section the remainder of the share of the Common School Fund which has been apportioned to such section, and which shall be in his hands on the first day of December of each year, until he receives from the Trustees of such section their annual Report required by law for such year.


To act as Secretary to the School Trustees.



XXIX. And be it enacted, That the sum of money annually distributed for the encouragement of Common Schools in Upper Canada, shall be payable on the first day of August in each year, by warrants to the Superintendents of Common Schools of the several Districts in Upper Canada aforesaid.


Sum distributed to Common Schools to be payable on 1st August in each year.

XXX. And be it enacted, That no foreign books, in the English branches of Education, shall be used in any Model or Common School, except by the express permission of the Board of Education.


No foreign books to be used without permission.