made before some Justice of the Peace, of such wrongful withholding or refusal, such Judge shall make an order that such Secretary-Treasurer or person having been such, do appear before him at a time and place to be appointed in the order. 13, 14 V. c. 48, s. 44. 132. Any Bailiff of a Division Court, upon being required by such Judge, shali serve such order personally on the party complained against, or leave the same with a grown-up person at his residence. 13, 14 V. c. 48, s. 44. 133. 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 does or does not appear, hear the complaint, and if he is of opinion that the complaint is well founded, such Judge 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 nained by the Judge in the order, together with such reasonable costs incurred in making the application, as the Judge may tax. 13, 14 V. c. 48, s. 44. 134. In the event of a non-compliance with the terms specified in such order or any or either of them, the Judge shall order the said party to be forthwith arrested by the Sheriff of any County in which he may be found, and to be committed to the Common Gaol of his County, there to remain without bail until such Judge 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. 13, 14 V. e. 48, s. 44. 135. Upon proof of his having so done, such Judge shall make an order for his discharge, and he shall be discharged accordingly. 13, 14 V. c. 48, s. 44. 136. No such proceeding shall impair or affect any other remedy which the said Trustees may have against such Secre tary-Treasurer, or person having been such, or his sureties. 13, 14 V. c. 48, s. 44. 137. If any part of the Common School Fund be embezzled or lost through the dishonesty or faithlessness of any party to whom it has been entrusted, and proper security against such loss has not been taken, the person whose duty it was to have exacted such security, shall be personally responsible for the sums so embezzled or lost, and the same may be recovered from him by the party entitled to receive the same by action at law in any Court having jurisdiction to the amount, or by information at the suit of the Crown. 13, 14 V. c. 48, s. 43. and registers. 138. If any Trustee of a Common School knowingly Penalty for signs a false report, or if any Teacher of a Common School false reports keeps a false school Register, or makes a false return, with the view of obtaining a larger sum than the just proportion of school moneys coming to such Common School, such Trustee or Teacher shall, for each offence, forfeit to the Cominon School Fund of the Township, the sum of twenty dollars for which any Prosecution beperson whatever may prosecute him before a Justice of the fore a Justice Peace, and for which he may be convicted on the oath of one credible witness other than the prosecutor, and if upon conviction the penalty is not forthwith paid, the same shall, under the Proceedings. warrant of such Justice, be levied with costs by distress and sale of the goods and chattels of the offender, and such penalty when so paid or collected shall by such Justice be paid over to the said Common School Fund; or the said offender may be prosecuted and punished for the misdemeanor. 13, 14 V. c. 48, s. 13. of the Peace. schools. fore a Justice 139. Any person who wilfully disturbs, interrupts or disquiets Disturbing the proceedings of any school meeting authorized to be held by this Act, or any school established and conducted under its authority, or wilfully interrupts or disquiets any Grammar, 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, shall, for each offence on conviction thereof Prosecution bebefore a Justice of the Peace, on the oath of one credible of the Peace. witness, forfeit and pay for Common School purposes, to the School Section, City, Town or Village within which the offence was committed, such sum not exceeding twenty dollars, together with the costs of the conviction, as the said Justice may think fit; or the offender may be indicted and punished for any of the offences herein before mentioned as a misdemeanor. 13, 14 V. c. 48, s. 46,---16 V. c. 185, s. 19. verable. 140. Unless it is in this Act otherwise provided, all fines, How penalties penalties and forfeitures recoverable by summary proceeding shall be recomay be sued for, recovered and enforced with costs by and before any Justiceof the Peace having Jurisdiction within the School Section, City, Town or Village in which such fine or penalty has been incurred, and if any such fine or penalty and costs be not forthwith paid, the same shall, by and under the warrant of the convicting Justice, be enforced, levied and collected with costs by distress and sale of the goods and chattels of the offender, and shall be by such Justice paid over to the School Treasurer of the School Section, City, Town or Village, or other party entitled thereto, and in default of such distress, such Justice shall by his warrant cause the offender to be imprisoned for any time not exceeding thirty days, unless the fine and costs, and the reasonable expenses of endeavouring to collect the same, be sooner paid. 16 V. c. 185, s. 19. INTERPRETATION INTERPRETATION. Interpretation clause. Short Title. Conditions on schools for may be establishe i. 141. The word "Teacher " shall include female as well as male teachers; the word, "County" shall include Unions of Counties, and the word "Townships" shall include Unions of Townships made for Municipal purposes. 13, 14 V. c. 48, s. 48. SHORT TITLE TO SCHOOL ACTS. 142. In citing or otherwise referring to this Act, it shall be sufficient to designate it as "The Upper Canada Common School Act," and in citing or otherwise referring to this Act, or any other Act or Acts relative to Common Schools, which may, at the time of such citation or reference, be in force in Upper Canada, it shall be sufficient to use the expression, "The Common School Acts of Upper Canada." 16 V. c. 185, s. 28. CAP. LXV. An Act respecting Separate Schools. ER Majesty, by and with the advice and consent of the follows: 1.-PROTESTANT AND COLORED PEOPLE. 1. Upon the application in writing of twelve or more heads which separate of families resident in any Township, City, Town or Incor Protestants or porated Village, being Protestants, the Municipal Council of Colored people the said Township or the Board of School Trustees of any such City, Town or Incorporated Village, shall authorize the establishment therein of one or more separate schools for Protestants; and upon the application in writing of twelve or more heads of families resident in any Township, City, Town or Incorporated Village, being colored people, the Council of such Township or the Board of School Trustees of any such City, Town or Incor porated Village, shall authorize the establishment therein, of one or more separate schools for colored people, and in every such case, such Council or Board, as the case may be, shall prescribe the limits of the section or sections of such schools. 13, 14 V. c. 48, s. 19. Limits. Three trustees. as in common 2. There shall be three Trustees for each separate school, and the first meeting for the election of such Trustees, shall Election same be held and conducted in the manner and according to the rules provided in the sixth to the eleventh sections of the Act respecting Common Schools for holding the first school meeting in a new school section. 13, 14 V. c. 48, s. 19. schools. Commence 3. Each such separate school shall go into operation at the meut and regu- same time as is provided in the case of altered school sections, lations. of of Common Schools, and shall, with respect to the persons for whom any school has been established, be under the same regulations as Common Schools generally. 14, 15 V. c. 111, s. 1. 4. None but colored people shall vote at the election of Voters defined. Trustees of any separate school established for colored people and none but the parties petitioning for the establishment of, or sending children to a separate Protestant school, shall vote at the election of Trustees of such school. 13, 14 V. c. 48, s. 19. towns. 5. In any City or Town the persons who make application, Union of wards according to the provisions of the first section of this Act, in cities and may have a separate School in each Ward, or in two or more wards united, as the said persons may judge expedient. 14, 15 V. c. 111, s. 1. 6. No Protestant separate school shall be allowed in any Special condischool section, except when the Teacher of the Common School tions. in such section is a Roman Catholic. 13, 14 V. c. 48, s. 19. school rates. 7. In all Cities, Towns, Incorporated Villages and Town- Exemption ship Common School Sections in which such Separate Schools from common exist, each Protestant or colored person (as the case may be) sending children to any such School or supporting the same by subscribing thereto annually an amount equal to the sum at which such person, if such Separate School did not exist, must have been rated in order to the obtaining the annual Legislative Common School Grant, shall be exempt from the payment of all rates imposed for the support of the Common Schools of such City, Town, Incorporated Village and School Section respectively, and of all rates imposed for the purpose of obtaining such Common School Grant. 16 V. c. 185, s. 4. tional. 8. The exemption from the payment of school rates, as Such exemp herein provided, shall not extend beyond the period during tion condiwhich such persons send children to or subscribe 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. 16 V. c. 185, s. 4. 9. Such Separate Schools shall not share in any schoo! Not to share money raised by Local Municipal Assessment. 16 V. c. 185, assessment. in municipal 8. 4. 10. Each such separate school shall share in such Legislative Share of legisCommon School Grant according to the yearly average lative school number of pupils attending such Separate School, as compared grant determiwith the average number of pupils attending the Common WW Schools ned. Certificate of eacher. Half-yearly returns to the local superintendent. Local superin tendent to re port to clerk Schools in each such City, Town, Incorporated Village or Township; the mean attendance of pupils for winter and summer being taken. 16 V. c. 185, s. 4. 11. A Certificate of qualification, signed by the majority of the Trustees of such Separate School, shall be sufficient for any Teacher of such School. 16 V. c. 185, s. 4. 12. 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 of Schools a correct return of the names of all Protestant or colored persons (as the case may be), who have sent children to, or subscribed as aforesaid for the support of such Separate School during the then last preceding six months, and the names of the children sent, and the amounts subscribed by them respectively, together with the average attendance of pupils in such Separate School during such period. 16 V. c. 185, s. 4. 13. The Local Superintendent shall, upon the receipt of such return, forthwith make a return to the Clerk of the Munici and trustees. pality and to the Trustees of the Common School Section or Municipality in which such Separate School is established, stating the names of all the persons who, being Protestants or colored persons (as the case may be), contribute or send children to such Separate School. 16 V. c. 185, s. 4. Clerks and empt from rates supporters of separate schools. 14. Except for any rate for building school houses undertrustees to ex- taken before the establishment of such Separate School, 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, any person whose name appears upon such last mentioned return. 16 V. c. 185, s. 4. Clerk to allow use of assessor's roll. Certain Act to apply. Separate school same power as 15. 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, shall allow any one of the said Trustees, or their authorized Col lector, to make a copy of such Roll as far as it relates to their School Section. 16 V. c. 185, s. 4. 16. The provisions of the one hundred and thirty-eighth sec tion of the Act respecting Common Schools shall apply to the Trustees and Teachers of such Separate Schools. 16 V. c. 185, s. 4. 17. The Trustees of each such Separate School shall trustees to have be a body corporate under the name of the Trustees of the Secommon school parate School of (as the case may be) in the trustees. Township, City or Town (as the case may be) of and shall have the same power to impose, levy and collect school rates or subscriptions, upon and from persons |