persons sending children to, or subscribing towards the support of the Separate School, as the Trustees of a Common School Section have to impose, levy and collect school rates or subscriptions from persons having property in the section, or sending children to or subscribing towards the support of the Common School of such section. 16 V. c. 185, s. 4. 2. ROMAN CATHOLIC SEPARATE SCHOOLS. meeting. 18. Any number of persons, not less than five, being heads Conditions. of families and freeholders or householders, resident within any Five heads of School Section of any Township or within any Ward of any families to call City or Town, and being Roman Catholics, may convene a public meeting of persons desiring to establish a Separate School for Roman Catholics in such School Section or Ward, for the election of Trustees for the management of the same. V.c. 131, s. 2. 18 elect three 19. A majority of the persons present, not less than ten Meeting of ten in number, being freeholders or householders, and being Roman persons may Catholics, may, at any such meeting, elect three persons re- trustees. sident within such Section to act as Trustees for the manage. ment of such Separate School, and any person, being a British To be British subject, may be elected as a Trustee whether he be a free- subjects. holder or householder, or not. 18 V. c. 131, s. 3. cers. 20. A notice in writing addressed to the Reeve, or to Written notice the Chairman of the Board of Common School Trustees, in the to certain offiTownship, City or Town in which such section is situate, may be given by all persons whether they were present at such meeting or not, who are freeholders or householders, residents within such sections, and Roman Catholics and favorable to the establishment of such separate school, declaring that they notice. desire to establish a Separate School in such School Section, and designating by their names, professions and places of abode. the persons elected in the manner aforesaid as Trustees for the management thereof. 18 V. c. 131, s. 4. Contents of such notice. 21. Every such notice shall be delivered to the proper Endorsement officer by one of the Trustees so elected, and it shall be the duty to be made on of the cfficer receiving the same to endorse thereon the date of the receipt thereof, and to deliver a copy of the same, so endorsed and duly certified by him, to such Trustee. 18 V. c. 131, s. 5. a corporation. 22. From the day of the delivery and receipt of every Thereafter, such notice, the Trustees therein named shall be a body Cor- trustees to be porate under the name of "The Trustees of the Roman Catholic Separate School for the Section Number in the Township (City or Town, as the case may be,) in the County ." 18 V. c. 131, s. 6. of Union of wards in cities and towns. Notice in a newspaper. 23. When such Separate Schools are established in more than one Ward of any City or Town, the Trustees of such Separate Schools may, if they think fit, form a union of such Separate Schools and, from the day of the notice in any public newspaper published in such City or Town an nouncing such union, the Trustees of the several Wards shall together form a body Corporate under the title of "The Board of Trustees of the Roman Catholic United Separate Schools Effect thereof. for the City (or Town) of , in the County of 18 V. c. 131, s. 7. Separate school same power as trustees. 24. The Trustees of such Separate Schools forming a trustees to have body Corporate under this Act, shall have the same power common school to impose, levy and collect School rates or subscriptions, upon and from persons sending children to, or subscribing towards the support of such Schools, and all other powers in respect of Separate Schools, as the Trustees of Common Schools have and possess under the provisions of the Act relating to Common Schools. 18 V. c. 131, s. 8. All trustees to 25. The Trustees of such separate School shall perform the same duties and shall be subject to the same penalties as Trustees of Common Schools; and Teachers of Separate Schools shall be liable to the same penalties as teachers of Common Schools. 18 V. c. 131, s. 8. 26. The Trustees of such separate School shall remain in be elected an office until the second Wednesday of the month of January nually. next following their election, on which day in each year a Meeting shall be held in each such section or ward, commene ing at the hour of ten of the clock in the forenoon, for the eleetion of three Trustees for Separate Schools theretofore esta blished; but no Trustee shall be re-elected at any such meeting without his consent, unless after the expiration of four years from the time when he went out of office. 18 V. c. 131, s. 9. Re-election. Children from other sections. Certificates of teachers. School funds. of 27. The Trustees of such Separate Schools shall allow children from other School Sections, whose parents or lawful guardians are Roman Catholics, to be received into any Separate School under their management, at the request such parents or guardians; and no children attending such School shall be included in the return, hereafter required to be made to the Chief Superintendent of Education, unless they are Roman Catholics. 18 V. c. 131, s. 10. 28. A majority of the Trustees of such Separate Schools in any Township or Village or of the Board of Trustees in any Town or Village, shall have power to grant certificates of qualification to Teachers of Separate Schools under their management, and to dispose of all School Funds of every des cription coming into their hands for School purposes. 18 V. c. 131, s. 11. from common 29. Every person paying rates, whether as proprietor or Exemption tenant, who, on or before the first day of February of any year, school rates. gives to the Clerk of the Municipality in which any Separate School is situated, notice that he is a Roman Catholic and a supporter of such Separate School, shall be exempted from the payment of all rates imposed for the year then next following for the support of Common Schools and of Common School Libraries, within the Ward or School Section wherein such separate School is established: 18 V. 131, s. 12. 30. Every Clerk of a Municipality, upon receiving any such Certificate of notice, shall deliver a certificate to the person giving such clerk. notice to the effect that the same has been given, and shewing the date of such notice. 18 V. c. 131, s. 12. notice.. 31. Any person who fraudulently gives any such notice, Fraudulent or wilfully makes any false statement therein, shall not thereby secure any exemption from rates, and shall be liable to a penalty of forty dollars recoverable, with costs, before any Justice of the Peace at the suit of the Municipality interested. 18 V. c. 131, s. 12. rates. 32. Nothing in the last three preceding sections con- Exception as tained shall exempt any person from paying any rate for the to present support of Common Schools or Common School Libraries, or for the erection of a School house or School houses, imposed before the establishment of such Separate School. 18 V. c. 131, s. 12. grant. 33. Every such Separate School shall be entitled to a Share in legisshare in the fund annually granted by the Legislature of this lative school Province for the support of Common Schools, according to the average number of pupils attending such School during the twelve next preceding months, or during the number of months which may have elapsed from the establishment of a new Separate School, as compared with the whole average number of pupils attending School in the same City, Town, Village or Township: 18 V. c. 131, s. 13. in Basis. be 15. 1. But no such Separate School shall be entitled to a share Average must such fund unless the average number of pupils so attending the same be fifteen or more, (periods of epedemic or any contagious diseases excepted); assessment. 2. Nothing herein contained shall entitle any such Separate Not to share in School within any City, Town, Village or Township to any municipal part or portion of School moneys arising or accruing from local assessment for Common School purposes within the City, Town, Village or Township, or the County or Union of Counties within which the City, Town, Village or Township is situate. Half yearly returns to the chief superintendent. Amount of grant determined. Special condi tions. Separatists not to vote at coinmon school meetings. 34. The Trustees of each such Separate School shall, on or before the thirtieth day of June and the thirty-first day of December in each year, transmit to the Chief Superintendent of Education for Upper Canada a correct statement, verified by at least one of such Trustees under oath made before a Justice of the Peace for the County within which the Separate School is situate, of the names of the children attending such School, together with the average attendance during the six next preceding months, or during the number of months which have elapsed since the establishment thereof, and the number of months it has been so kept open, and the Chief Superintendent shall thereupon determine the proportion which the Trustees of such Separate School are entitled to receive out of such Legislative grant, and shall pay over the amount thereof to such Trustees. 18 V. c. 131, s. 14. 35. The election of Trustees for any such Separate School shall become void unless a Separate School be established under their management within two months from the election of such Trustees. 18 V. c. 131, s. 15. 36. No person subscribing towards the support of a Separate School established as herein provided either for Roman Catholics, Protestants, or colored people, or sending children thereto, shall be allowed to vote at the election of any Trustee for a Common School in the City, Town, Village or Township in which such Separate School is situate. 16 V. c. 185, s. 4,-18 V. c. 131, s. 16. TITLE 9. RELIGIOUS AND BENEVOLENT INSTITUTIONS. No person or Rector to be entitled to tithes. CAP. LXVI. An Act respecting Tithes in Upper Canada. HER Majesty, by and with the advice and consent of the follows: 1. No tithes shall be claimed, demanded or received by any ecclesiastical Parson, Rector or Vicar of the Protestant Church within Upper Canada. 2 G. 4, c. 32. САР. CAP. LXVII. An Act respecting Companies for the establishment of ER Majesty, by and with the advice and consent of the H Legislative Council and Assembly of Canada, enacts as follows: sons may form 1. Any number of persons, not less than twenty may, in Not less than Upper Canada, form themselves into a Company for the purpose twenty perof establishing one or more public Cemeteries near to, but a cemetery without the limits of any Town or City. 13, 14 V. c. 76, s. 1. company. 2. When any number of persons, 1. Not less than twenty, sub- After certain scribe stock to an amount adequate to the purchase of the ground shall be a body formalities they required for such a Cemetery, and 2. Execute an Instrument corporate. according to the form in the next section contained, and 3. Pay to the Treasurer of the intended Company twenty-five per cent. of the capital stock intended to be raised, and 4. Register such Instrument at full length, together with a receipt from the Treasurer for the first instalment of twenty-five percent., with the Registrar of the County in which the ground is situate,-5. The Company shall thenceforth become and be a body corporate by the name designated in the Instrument so registered, and may take, hold and convey the land to be used exclusively as a Cemetery or place for the burial of the dead. 13, 14 V. c. 76, s. 2. day of in the Form of ins 3. The Instrument referred to may be in the form following: Be it remembered, that on this year of our Lord, one thousand eight hundred and the undersigned, Stockholders, met at of We, association. trument of , in the County in the Province of Canada, and resolved to form ourselves into a Cemetery Company, to be called according to the provisions of an Act of Parliament, intituled, behalf. NAME. 13, 14 V. c. 76, s. 19. NO. OF SHARES. AMOUNT. |