ter. Duty of Mas- And the Chief Superintendent of Education shall procure these Instruments at the request and expense of the Municipal Council of any County, and shall furnish the Master of the Senior County Grammar School with a Book for registering observations, and with forms for abstracts thereof, and such Master shall transmit the same to the Chief Superintendent, and shall certify that the observations required have been made with due care and regularity. 16 V. c. 186, s. 16. Existing ap pointments confirmed. Conveyance o property for School sites. Trustees. 27. All existing appointments of Masters or Teachers of Grammar Schools shall continue in force as if made under this Act until revoked or changed according to the provisions hereof. 16 V. c. 186, s. 17, at the end. SPECIAL GRANTS OF SCHOOL SITES. 28. In case any persons residing in Upper Canada, interested in any School established in any City, Town, Village or Township therein, whether as Parents of Children frequenting such Schools, or as contributors to the same, or both, have occasion or are desirous to take a conveyance of real property for the use of such Schools, such persons may elect from among themselves, and appoint any number of Trustees, not exceeding seven nor less than five, to whom and to whose successors, to be appointed in the manner specified in the Deed of Conveyance, the real property requisite for such School may be conveyed; and such Trustees, and their successors in perpetual succession, by the name expressed in such Deed, may take, hold and possess such real property, and commence and maintain any action at law or in equity for the protection thereof, and of their right thereto; but there shall not be held in trust as aforesaid more than ten acres of land at any one time Not to apply to for any one School; and this Section shall not extend to Common Schools. 9 V. c. 17, s. 1. To have succession. Common Schools. Deed to be registered. Certain cases provided for. If site be not suitable. 29. The Trustees shall, within twelve months after the execution of any such Deed, cause the same to be registered in the Office of the Registrar of the County in which the land lies. 9 V. c. 17, s. 2. 30. In case any lands in Upper Canada have been or after the passing of this Act be surrendered, granted, devised or otherwise conveyed to the Crown, or to the Trustees of any County Grammar School, or to any other Trustees, in trust for the purposes of or as a site for any such Grammar School, or for any other Educational Institution established in any County or place therein for the benefit of the inhabitants thereof generally, and in case such lands be found not to afford the most advantageous site for such School or Institution, or there be no School or Institution bearing the precise designation mentioned in the deed of surrender, grant, devise or other conveyance, or in case it may be for the benefit of such School or Institution that such such lands should be disposed of, and others acquired in their stead for the same purpose, or the proceeds of the sale applied thereto, the Trustees in whom any such lands are vested in trust as aforesaid, may, (with the consent of the Municipal Council expressed at a legal meeting and certified under the hand of the head and the corporate seal of the Municipality in which such School or Institution has been or is to be established,) surrender and convey such lands to the Crown unconditionally, and such Such lands conveyance shall vest the lands absolutely in the Crown, without may be surrenformal acceptance, by the Crown, the Governor or any other dered to the Officer or person for the Crown. 18 V. c. 121, ss. 1, 2. Crown. nefit of such 31. Any lands surrendered, granted, devised or other- Such lands to wise conveyed to the Crown for any such purpose as aforesaid, be sold for be may be sold by order of the Governor in Council, and the School. proceeds applied to the purchase of other lands to be vested in the Crown for the purposes of the same School or Institution, or in the case of there being no School bearing the precise designation intended as aforesaid by the person who granted or divised the lands to the Trustees from or through whom the lands so sold came to the Crown, then for the Or other Edupurposes of the Grammar School or other Public Educational cational InstiInstitution established for the benefit of the Inhabitants of the Municipality generally, which, in the opinion of the Governor in Council, comes nearest in its purposes and designs to that intended by such person as aforesaid. 18 V. c. 121, s. 1. tution. ceeds. 32. If such proceeds be applied to the purchase of lands for Lands purchas Grammar School purposes, the title to such Lands may be vested ed with proin the Board of Trustees for any Grammar School, by their corporate name; and if there be any surplus of such proceeds after such purchase, or if it be found that no lands are required as a site for, or for other purposes of such School or Institution, then such surplus or proceeds (as the case may be,) may be invested or applied for the purposes of such School or Institution in such manner as the Governor in Council deems most for the advantage thereof. 18 V. c. 121, s. 1. 33. No purchaser of land from the Crown under this Act Purchaser not shall be in any way bound to see to the application of the to see to applipurchase money. 18 V. c. 121, s. 3. cation. 34. Nothing in this Act shall impair the rights of any Private rights private party in' or upon any lands, in so far as such rights protected. would have existed and could be exercised without this Act. 18 V. 121, s. 4. lands. 35. The Crown may grant to the Trustees of any Grammar Crown may School, or of any other Public Educational Institution estab- grant such lished for the benefit of the Inhabitants of the Municipality generally, any lands which have been or may, after the passing of this Act, be surrendered, granted, devised or otherwise conveyed to the Crown as aforesaid. 18 V. c. 121, s. 5. САР. Munded by 49-1860 CAP. LXIV. An Act respecting Common Schools in Upper Canada. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: Existing school 1. All Common School Sections or other Common School arrangements Divisions, together with all elections and appointments to office, continued. School trustees in office when Annual election Trustees' term of office. Term for va cancies. Trustees not to hold certain Proceedings on all agreements, contracts, assessments and rate-bills, heretofore duly made in relation to Common Schools and existing when this Act comes into force, shall continue subject to the provisions of this Act. 13, 14 V. c. 48, s. 1. ANNUAL ELECTIONS. 2. The Term for which each School Trustee who holds office at the time this Act takes effect, shall continue as if such term had commenced by virtue of an election under this Act; and on the second Wednesday in January next after this Act takes efect, the Trustee or Trustees whose term of office then expires shall retire from office, but may with his or their own consent be re-elected under the provisions of this Act. 13, 14 V. c. 48, s. 3. 3. The annual meetings for the election of School Trustees, as hereinafter provided, shall be held in all the Cities, Towns, Townships and Villages of Upper Canada, on the second Wednesday in January, in each year, commencing at the hour of Ten of the clock in the forenoon. 13, 14 V. c. 48, s. 2. FIRSTLY.-TOWNSHIP SCHOOL SECTIONS AND TRUSTEES. 4. For each Township School Section there shall be three trustees, each of whom, after the first election of Trustees, shall hold office for three years and until his successor has been elected. 13, 14 V. c. 48, ss. 3, 5. 5. Any Trustee elected to fill an occasional vacancy shall hold office only for the unexpired Term of the person in whose place he has been elected. 13, 14 V. c. 48, s. 12, No. 12. 6. And no Trustee of a School Section shall hold the office of Local Superintendent, or of a Teacher within the Section of which he is a Trustee. 13, 14 V. c. 48, s. 6, No. 3,—16 V. c. 185, s. 14. 7. Whenever a School Section is formed in any Township, as formation of a provided in the thirty-ninth section of this Act, the Clerk of the Township new section. Township shall give notice to the person appointed to call the first School Meeting for the election of Trustees, of the description and number of such School Section. 13, 14 V. c. 48, s. 4. 8. The person so appointed shall, within twenty days after A meeting to be receiving such notice, prepare a notice in writing, describing called within such Section, and appointing a time and place for the first School 20 days. Section Meeting, and shall cause copies of such notice to be posted in at least three public places in the School Section, at least six days before the time of holding the Meeting. 13, 14 V. c. 48, s. 4. appointed. 9. The freeholders and householders of such School Section Chairman and then present, shall elect one of their own number to preside over Secretary to be the proceedings of such Meeting, and shall also appoint a Secretary, who shall record all the proceedings of the Meeting. 13, 14 V. c. 48, s. 5. 10. The Chairman of such Meeting shall decide all questions Duties of Chairof order, subject to an appeal to the Meeting, and in case of an man-his vote. equality of votes, shall give the casting vote, but he shall have no vote except as Chairman. 13, 14 V. c. 48, s. 5. 11. The Chairman shall take the votes in the manner desired Recording by a majority of the electors present, but he shall at the request votes. of any two electors, grant a poll for recording the names of the Voters by the Secretary. 13, 14 V. c. 48, s. 5. 12. At such first School Section Meeting, the Electors present Three Trustees shall by a majority of votes elect from the freeholders or house- to be elected. holders in such Section, three Trustees. 13, 14 V. c. 48, s. 5. 13. The Trustees so elected shall respectively continue in office, as follows: 1. The first person elected shall continue in office for two First trustees' years to be reckoned from the Annual School Meeting next after term of office. his election, and thence until his successor has been elected; 2. The second person elected shall continue in office one year to be reckoned from the same period and until his successor has been elected; 3. The third or last person elected shall continue in office until the next ensuing Annual School Meeting in such Section and until his successor has been elected. 13, 14 V. c. 48, s. 5. 14. A correct copy of the proceedings of such first and of Proceedings to every annual and of every special School Section Meeting, be sent to Superintendent. signed by the Chairman and Secretary, shall be forthwith transmitted by the Secretary to the Local Superintendent of Schools. 13, 14 V. c. 48, ss. 5, 12, No. 12. A Trustee to be annually elected for such section. Proceedings at annual meet ings. Chairman and Secretary. Trustee's financial report. Election of trustees. Support of school. Challenging votes. Declaration required. declaration. 15. A Trustee shall be elected to office at each ensuing annual school meeting, in place of the one whose term of office is about to expire; And the same individual, if willing, may be re-elected; but no School Trustee shall be re-elected, except by his own consent, during the four years next after his going out of office. 13, 14 V. c. 48, s. 3. 16. At every annual School Section Meeting in any Township, as authorized and required to be held by the third Section of this Act, the freeholders and householders of such Section present at such Meeting, or a majority of thein- 1. Shall elect a Chairman and Secretary, who shall perform the duties required of the Chairman and Secretary, by the tenth and eleventh Sections of this Act; 2. Shall receive and decide upon the report of the Trustees, as required by the twenty-seventh Section of this Act; No. 21. 3. Shall elect a Trustee or Trustees, to fill up the vacancy or vacancies in the Trustee Corporation; and 4. Shall decide upon the manner in which the salaries of the Teacher or Teachers, and all other expenses connected with the operation of the School or Schools, shall be provided for. 13, 14 V. c. 48, s. 6. 17. If any person offering to vote at an annual or other School Section Meeting, is challenged as unqualified by any legal /voter in such section, the Chairman presiding at such Meeting I shall require the person so offering, to make the following declaration : "I do declare and affirm that I am a freeholder (or house"holder) in this School Section, and that I am legally qualified "to vote at this Meeting." Effect of such And every person making such declaration shall be permitted to vote on all questions proposed at such Meeting; but if any person refuses to make such declaration, his vote shall be rejected., 13, 14 V. c. 48, s. 7. Penalty for false declaration. 18. If any person wilfully makes a false declaration of his right to vote, he shall be guilty of a misdemeanor, and be punishable by fine or imprisonment, at the discretion of the $5 or $10, and Court of Quarter Sessions, or by a penalty of not less than five dollars, or more than ten dollars to be sued for and recovered, with costs, before a Justice of the Peace by the Trustees of the School Section, for its use. 13, 14 V. c. 48, s. 7. costs. Howrecovered. Separatists not 19. No person subscribing towards the support of as Separate School established under the Act respecting Separate to vote at com Schools |