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MANUAL
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SCHOOL LAW
— EMBRACING
THE MANITOBA SCHOOL ACT AND THE AMENDMENTS THERETO
OF 1882, 1883 & 1884
CONSOLIDATED
— ANt) COMPILED WITH —
EEGULATIONS, FORMS, NOTES AND REFERENCES.
PRINTED BY AUTHORITY,
• WINNIPKG ;
GftnftOX FOrfiDEAU, QI-KKX'S PKISTKK.
1884.
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A MANUAL
OF ' "
SCHOOL LAW
EMBRACma -
"The Manitoba School Act," as amended oy 45 Vic,
Cap. 11 ; 46 aud 47 Vic, Cap. 46 ; 47 Vic, Cap. 37 ;
and 47 Vic, Cap 54. Consolidated, with notes,
references and forms added
BOARD OF EDUCATION.
FORM.4TION.
1. The Lieutenant-trovernor in Council shall appoint, J^'JJ^
to form and constitute the board of education for the
Province of IVHinitoba, a certain number of persons, not
exceeding twenty-one, twelve of whom shall be Protes-
tants, and nine Roman Catholics; and if a lesser number
be appointed, the same relative proportion of Protestants
and ''atholics shall be observed.
TERM OF OFFICE.
3. Four oi the Protestant members and three of theM.M.A. i
Roman Catholic members recorded at the foot of the list
of the members of the board, as entered in the minute
book of the executive council of the Province of Manitoba,
shall retire and cease to hold of&ce at the end of each
year, which, for the purposes of this Act, shall be held
and taken to be the second day of October annually : and
the names of the members appointed in their stead shall
be placed at the head of the list ; and the seven members
BO retiring in rotation, and annually, may be eligible for
re-api>ointment.
expl'axat-ion.
In this Manual, " The Manitoba School Act " audits
amendments are printed in type similar to that used in
this paragraph.
Regulaiions, notes and rorms are printed in i^matler iyp«>, similar to this.
4 BOARD OF EDUCATION.
DUTIES.
»
- * •
M. s. A. sec. 3. 3. It shall be the duty of the board :
itt,) To make from time to time such regulations as
* Uiey may think fit, for the general organization of the
common schools ;
(b.) To make regulations for the registering and report-
ing of daily attendance at all the common schools in the
Province, subject to the approval of tjie Lieutenant-
Grovernor in ^uncil ;
(c.) To make regulations for the calling of meetings
from time to time, and prescribe the notices thereof to be
given to members.
at. s. A. sec. 4. 4. Xhe board of education shall meet on the first Thurs-
day in March, June, September and December, and
oftener if the superintendents thinks it necessary.
PROTESTANT AND CATHOLIC SECTIONS, THEIR POWER
AND DUTIES. ♦
M.S.A. sec. 5, 5. The board shall resolve itself into two sections, the
47vu5!°?fat.%, one consisting of the Protestant and the other of the
*^-*- Roman Catholic members thereof; and it shall be the
duty of each section :
(a.) To have under its control and management the
schools of the section, and to make, from time to time,
such regulations as may be deemed fit for their general
government and discipline, and the carrying out of the
provisions of this Act ;
(6.) To arrange for the proper examination, grading and
licensing of its teachers, the recognition of certificates
obtained elsewhere, and for the withdrawing of the
license upon sufficient cause ;
(c.) To select all the books, maps and globes to be used
in the schools under its control, and to approve of the
plans for the construction of schpol houses :
Provided, however, that in the case of books having
reference to religion and morals, such selection by the
Catholic section of the board, shall be subject to the ap-
proval of the competent religious authority ; and
(d.) To appoint inspectors, who shall hold office during
the pleasure of the section appointing them ;
\
SUPERINTENDENTS. * 5
{€.) To make regulations regarding the selection of
school sites, the size of school grounds and the formation
and alteration of all school districts under its authority.
For regulations, see ])ag»i 12.
TIME AND PLACE OF MEETING.
6. The board of education, or any section thereof may, m. s. a. sec. «.
whenever they shall see fit, appoint and hold a meeting
of such board, or section in any part of the Province, and
such meeting shall be as valid as if held fa the city of
Winnipeg, which shall be the usual place of meeting of
such board or section.
QUORUM.
7. The quorum of the board of education shall consist m. s. a. sec. ?.
of a majority of the members, and each of the sections of
the same shall decide its own quorum.
VACANCY BY ABSENCE.
8. Any member of the board of education absentingai.s. A.«ec. 8.
himself from the meeting of his section, or of the board
for six months, unless froiti sickness or absence from the
Province, shall be considered to have ipso facto resigned
his position, and the superintendent of the section to
which he belongs shall notify the Provincial Secretary of
the vacancy so caused, and the member appoint'^d to
replace him shall hold office only for the unexpired term
of the member whom he replaces.
SUPERINTENDENTS.
APPOINTMENT.
9. The Lieutenant-Governor in council shall appoint m. s. a. sec. ».
one of the Protestant members of the board to be the
superintendent of the Protestant schools, and one of the
Catholic members to be superintendent of the Catholic
schools, and the two superintendents shall be secretaries
of the board.
POWERS AND DUTIES.
lO. In addition to the duties specified in other «"lauses ^'^•^•j^;^*^^^\^
of this Act, it shall be the duty of superintendents of*«and47Vic/
education, and they are hereby empowered : nnS^Vvfc!; '
^ "^ Cap. 37, tec. 2,
SUPERINTENDENT.
(a.) To call all meetings of the board of education and
of their respective sections and also to call any school
laeeting required to be held under this Act when the
parties who are otherwise invested with the power to do
so, either neglect or refuse to exercise it ;
(b.) To have, as the executive officers of the board of
education, the general supervision and direction of the
schools of their section and of the inspectors that may
from time to time be appointed and to have authority to
take measiyes to enforce and . carry into effect all the
provisions of this Act and the regulations issued under
its authority that relate to the schools within their
respective jurisdictions ;
(c.) To give such explatiations of the provisions of this
or any other school act, and of the regulations and deci-
sions of their respective sections as may be required, and
to enforce the same ; and
(d,) To prepare during the first term of the school year
a report to the Lieutenant-Governor in council upon all
the schools under their supervision for the previous school
year, accompanied with full statistical tables, showing,
amonff other things, the number of children of school age
in eacli district as shewn by 'the census returns for that
year, the number who have attended school and the
average attendance, as shewn by the semi-annual returns
of the different teachers, and such report shall also con-
tain a statement of the receipts and expenditure of all
G-overnment money furnished to the section for common
school purposes.
To decide upon the legality of any meeting of ratepuyers called within a
school district : see M. S. A.*, sec. 21, sab-sec. (a.)
To decide in case of dispute as to the liability of property to taxation in
school districts for one-fourth of the school estimate : see M. S. A., sec. 25,
sub-sec. (a), as amended by 47 Vic, Cap. 37, sec. 8.
To tran mit to the Government on or before December !8th all census
returns leceived by him from trustees before December 10th : se.3 M. S. A.,
sec. 83.
To deposit all moneys received by him for educational purposes, as the
Lieutenant-Governor \u Council may direct: see M. S. A., sec. 89.
To make all payments authorized by his section of the board of education
by cheque upon the bank in which the moneys for its use are deposited :
see M. 8. A., .sec. 91.
To act ns arbitrator in disputes between teachers and trustees in regard
to the teacher's salary : see M. S. A., sec. 95.
To inquire into and report upon the propriety of Ki'anting applications
from school districts for authoritv to issue debentures : see 46 and 47 Vic,
sec. 18.
LEGISLATIVE GRANT. 7
In caee of the absence of a superintendent he may, *^- **• ^ '•«<^- "•
with the sanction of the Lieutenant-G-overnor in council,
appoint a member of his section of the board of education
to act for him. 4'
ANNUAL CENSUS OF CHILDREN.
11. The school trustees in each school district sball, ^•^^^•^^^•,fy*'
between the first and thirtieth day of November in each J^^i^^g-* ^*p- "»
year, cause to be made by their secretary-treasurer a
census of the children in such school district, from the
age of five years inclusive, to the age of fifteen years in-
clusive, giving the age in each case, and mentioning
those who attend the school ; and such census, after
being certified by the secretary-treasurer of the school
district under oath and signed by at least one of the trus-
tees shall, on or before the tenth of the month of Decem-
ber following, be presented to the proper superintendent,
whose duty it shall be to forward the same to the Provin-
cial Secretary within the eight days following ; and no
census shall be received by the superintendents res-
pectively, after the said date of the tenth day of Decem-
ber in each year.
'No school district whose census return has not been sent lo the Superin-
tendent as above required, shall be entitled to share in the Legislative
grant for the following year: see M. S. A., sec. 90 (d.)
i2. Every father, head of family, or guardian, who m. s. a. gee. no.
refuses to give to the trustees of any school district the
information required by them, to enable them to make
up the census of children required by this Act, or who
makes a false declaration, shall incur a penalty of not less
than five nor more than twenty-five dollars.
LEGISLATIVE GEANT.
APPORTIONMENT.
1 3. The sum appropriated by the legislature for com- m. s. a. sec. 84.
mon school purposes, shall be divided between the
Protestant and Roman Catholic sections of the board of
education, in the manner hereinafter provided, in propor-
tion to the number of children between the ages of five
and fifteen inclusive, residing in the various Protestant
and Roman Catholic school districts in the Province
where schools are in operation, as shown in the census
ret urns -
14, The Provincial Treasurer and one other member m. s. a. sec ss.
of the executive council to be appointed by the Lieutenant-
8 LEGISLATIVE GRANT.
Governor shall form a committee for the apportion-
ment ot education funds and legislative grant between,
the Protestant and Catholic sections of the board of edu-
«^tion ; and the selection of a member of the executive
cc^ncil to act as a member of such committee, shall,
when practicable, be so made, or from time to time
changed by the Lieutenant-Governor, as to secure that
one member of the said committee may be of the Pro-
testant and one of the Catholic persuasion.
M. 8. A. 8ec. 86. 15, jt shall be the duty of such committee on or
before the fifteenth day of Januarv in each year to appor-
tion the education fund, and within two weeks after the
prorogation of the session of the legislature at which the
grant for education is voted, to apportion said grant
betw^een the Protestant and the Catholic sections of the
board of education, according to the aggregate number of
children being respectively Protestant and Catholic
between the ages of five inclusive and fifteen inclusive
who shall be found from the census hereinbefore
prescribed, to be residing within all the school districts
existing in the Province.
DEFECTIVE CENSUS RETURNS.
M. 8. A. sec. 87. 16. If the census returns upon' w^hich such apportion-
ment is at any time to be made, or any of them be defec-
tive in any respect, the said committee shall have power
to require school trustees to supply to the committee such
information as will enable them to correct the same.
SEMI-ANNUAL PAYMENTS.
M. 8. A. sec, 88. 17. After such apportionment shall have been made
to the Protestant and Catholic sections of the said board
of education, the sum due to each section shall be paid
by two semi-annual payments.
DEPOSIT OF SCHOOL MONEYS.
M. s. A. sec. 89. ig. The Superintendent of each section shall deposit
such money in such bank as the Lieutenant-Governor in
council may direct.
EXPENDITURE OF LElHSLATIVE GRANT. 9
EXPENDITURE OF LEG-ISLATIVE GRANT.
EXPENSES OF THE BOARD OF EDUCATION. «
m
19. From the sum so appropriated to each section there m. s. a. sec. w.
shall first be paid the incidental expenses of that section,
and snch sums to the superintendents of education as the
Lieutenant-Governor in council may deem just, and each
section of the board may reserve for unforeseen contingen-
cies, a sum not exceeding ton per cent, of its share of the
appropriatipn.
«
HALF YEARLY PAYMENTS TO SCHOOLS.
(b.) Then the sum of fifty dollars shall be paid semiX
annually to each school which has been in operationV /7 J Jf
during the previous term; and in the case of newly?" \A^''%^'y^^^^<^^^
established schools, to those which have been in opera-/
tion for at least one month of said term ;
(c) The residue then remaining may be divided annu-
ally or semi-annually among all the schools, upon the
basis of the average attendance of piipils attending said
schools as shown in the semi-annual returns made by the
teachers.
SCHOOM NOT ENTITLED TO LEOISLATIVE (^ANT.
{(l) No school shall be entitled to receive any portioif^
of the legislative grant, whose trustees have neglected to \
transmit within the time provided by law in the preced- /^
ing year, the census returns which lorm the basis of the/
apportionment of the public funds.
!<JO. Any school ]iot conducted according to all theAs. a. sec j>2.
provisions of this or any other Act in force for the time I
being, shall not be deemed a public school within the V // « • • ^^ ^ v^
meaning of the law, and such school shall neither parti- /
cipate in the educational funds nor in the legislative^
grant.
PAYMENTS SHALL BE BY CHEQUE.
21. All payments authorized by the section shall bel^. s. a. sec ?»i.
made by the superintendent by cheque upon the bank in \ ^
which the moneys have been deposited, or, in case of the ^ C^ i x ^^ ^^i
absence of the superintendent, by some person duly au-
thorized to act for him.
10 SCHOOL DISTRICTS.
SCHOOL DISTRICTS.
» FORMATION AND ALTERATION.
wam^dedb^^' ' '^'^- ^^ shall be the duty of the council of each muni-
47 Vic, Cap. 37, cipality to establish and alter, when necessary, the
; school districts within its own bounds, and in case any
I school district or proposed school district should be in-
^ eluded in more than one municipality, its formation or
// ^^^^^ 1 ^l^^^^tion shall be made by the reeves or mayors of such
lA-la-^-A^w^v...^^ ' f municipalities and the local inspector or inspectors of
schools ; provided that the formation or alteration of
school districts by municipal councils or by the reeves
and mayors of municipalities and the local inspector or
inspectors shall be made under the regulations that may,
from time to time, be issued for that purpose by the sec-
tion of the board of education concerned, and all by-laws
and resolutions for forming or altering school districts
shall be submitted to such board and receive its sanction
before they can be carried into effect ; provided also that,
upon the refusal or neglect of any council, or of the reeves
and mayors and local inspectors of the municipalities
concerned, to establish or alter any school district, when
petitioned to do so by at least five heads of families
resident therein, or, upon an appeal against the action
of such body forming or altering any school district, the
section of the board of education concerned shall be
empowered to confirm or annul the action appealed
against, or to fonii or alter such school district as they
may think fit, within three months after their receipt of
such appeal oT petition ; provided further that no school
district shall be organized under this Act unless there
shall be at least ten children of school age living within
the same and situated not over three miles from a point
that may in any wise be fixed as the first school site.
Union school districts may be formed Irom portions of a city or town and
rural municipality : See M. S. A., sec. 15. as amended by 47 Vic, cap. 37,
sec. .3.
ReguliUions of both sections of the Board of Education, for
the formation a^ul alteration of school districts and the selection
of scliool sites, adopted May 16th, 1884.
Section 12 of the Manitoba School Aci, as am^^nded by the Manitoba
8chool Amendments Act, 1884, section 3. j)rovid»?s for the formation and
alteration of school districts under regulations issued by each section of
ihe Board of Education, as follows :
{1 ) School dislrlcts lying wholly within a municipality, by the council of
the municipality.
SCHOOL DISTRICTS. 11
(2.) School districts inclurlinj? parts of two or more municipalities, by the
reeves of the miinicipalilies and the local inspector [Calholic or Prolestanl,
as the case may be) (the inspector, convener).
(3.) School districts including parts of one or mor« municipalities and a
city or town, by the reeves, the mayor and the local inspector {Calholic or
Proteslanl, as the case may be) (the inspector, convener).
REGULATION I.
FOr.MATlON OF SCHOOL DISTRICTS.
No school district [Prolestanl or Calholic, as the case may be) shall be
formed except upon the petition of at least five resident heads of families to
the council or to the reeves and inspector {Prolestanl or Calholic, as the
case mai be) of the municipalities concerned. Such petition shall set
forih :
(I.) Tne lands desired to be included in the proposed school district.
(2.) The location of a school site, as recommended by the petitioners, and
found by them to be purchwsable or obtainable.
(3.) The number of children of school age of the denomination concerned
(from 5 to 15 years, inclusive) resident in the proposed district, within three
miles from the school site.
(4.) The distance of the school site from the nearest school of the same
denomination, and the lands (if any) belonging to any other school district,
included in this petition.
(5.) The name of the proposed school dislricl.
II. The council or other persons empowered to deal with a petition. for
the formation of a school district, may, as they deem proper :
(L) Grant such petition ;
(2.) Reflise to grant such petition ;
(3.) Grant it with such modifications, in the boundaries of the district or
the location of the school site as they may deem a«lvisable.
READJUSTMENT.
III. School districts may be readjusted by the council of the municipality
or by the reeves and local inspector [Prolestanl or CaUwlic, as II e case
may be, as follows :
(1.) On the petition of parties desiring a readjustment ;
(2.) Without ]>etition, upon at least two weeks* notice being given by the
council or by the reeves and said local inspector to the secretary- treasurer of
any school district to be atfected by a proposed alteration.
IV. All petitions for the formation or alteration of any school district
shall, before being acted upon, be posted up for at least two weeks in the
post olTico WMlhin or nearest to the district concerned : and when presented,
shall be accompanied by a declaration made before a justice of the peace
that they had been so posted up.
V. All by-laws or resolutions passed by a council or by the reeves and
local inspector, forming or altering a school district, shall be submitted to
the section of the Board of Education concerned for confirmation before such
by-laws or resolutions can be carried into effect; and for that purpose a
certified copy of each such by-law or resolution, accompanied with the
12 SCHOOL DISTRICTS.
petitions presented in connection therewith, shall be sent forlhwilh to the
proper superintendent.
VI. Each section of the Board of Education shall !*oceive and consider
all appeals regarding the formation and alteration of any school district
under its authority, and. within three months after their receipt of such
appeal, shall confirm, annul or modify the formation or readjustment
complained of, and siich action shall be final.
VII. upon the confirmation of any by-law or resolution for the formation
or alteration of a school district, by either section of the Board of Education,
the proper superintendent shall give notice thereof to the parties interested
and shall give directions for the calling of the first meeting.
FOHM OF PETITION
FOU THK I-'OHMATION OF A SCHOOL DISTKICT.
To the Reeve and Council of the Municipality of
{Of\ in case of a union school dislricl) :
To the Reeves and Inspector of the Municipalities of
and
The petition of the undersigned Protestant (or Catholic) heads of families,
resident within the proposed school district, humbly showeth :
1. That ihoy de^re the following land? to be included in a Protestant
(or Catholic) school district, viz. :
2. That a suitable school site, now proposed by your petitioners for the
said district, is obtainable at
3. That there are Protestant (or Catholic) children of
school age, resident within three miles of the school site above described.
4. That the nearest Protestant (or Catholic) school house is distant
miles from the said school site.
5. That the following lands now belonging to other Protestant (or
Catholic) school districts, are included in this petition, viz. :
(). That the name desired by your petitioners to be given to the proposed
district is T and that the lirst meeting may be
called at
M. s. A. Bee. laV («•) It shall be the duty of the clerk of each munici-
I^e^edby^Yfpaiity, withiii one month after the passing of this Act to
^c^cap. 37, '^ transmit a description or map of all the lands included in
SCHOOL DISTRICTS.
each school district within his municipality to the super-
intendent of education to whom such districts belonsr
under a penalty of five dollars for neglect or refusal.
■■')
13
LIABILITY OF PROPERTY FOR DEBENTURE INDEBTEDNESS
AFTER READJUSTMENT.
33. In case of the readjustment of any school district m. s. a. sec la,
subsequently to an issue of debentures by such district, J' vTCcbp. 37,
and before the said debentures have been fully paid, all '^* '*
lands added to the school district by such readjustment
shall thereafter be liable to taxation in common with the
remaining portion of the school district for the purpose
of meeting payments on such debentures as they become
due, and all persons assessed for lands detached from any
school district after an issue of debentures in such district
and before the said debentures have been fully paid,
shall, in case of their assessment for the payment of
debentures in any other school district, be entitled to
receive back all sums for which they may thereafter be
assessed for payments on debentures in any school district
except that in which they then reside.
SETTLEMENT OF CLAIMS BY ARBITRATION AFTER
RE-ADJUSTMENT OF SCHOOL DISTRICTS.
J34. In all cases of re-adjustment, the inspector ofM.H. A.»e«.i4.
schools for the district jointly with one competent person
to be appointed by each board of trustees, whose district
the re-adjustment may affect, who shall be non-residents
of the said districts, shall form a board of arbitration,
whose duty it shall be to value the existing school
houses, school sites, and other school property or assets,
within the terrritories re-adjusted, and ascertain the
respective debts and liabilities thereof; and the said board
or a majority of its members shall thereupon adjust and
settle in such a manner as they may deem just and
equitable, the respective rights, claims and demands of
the parties interested ; and their award in wanting, in-
cluding their own reasonable costs and charges, may be
enforced in the county courts of the Province, and which
said award shall in all respects be subject to appeal to
the court of Queen's Bench, the same as awards in civil
matters.
\
V
/
l)\xU^^
14 SCHOOL MEETINGS.
SCHOOL MEETINGS.
FIRST MEETING.
The first meeting in every new school disirict shall be called by direction
of the Superintendent of' Education, alter its formation has been duly
confirmed by the Boanl of Education. Sew M. 8. A. sec. 12 as amended by
47 Vic, Cjp. 37, sec. 3, and Regulations, \*eL^e 12.
PROCEEDINGS AT FIRST MEETING.
M. 8. A. gee 18. 25. At the first meeting in any new school district,
such meeting being duly organized by the election of a
chairman and secretary, the majority of the resident free-
holders and householders present, of the full age of
twenty-one years, shall elect three persons to be school
trustees for such district ; and
(a.) The first person elected shall continue in office for
two years to be reckoned from the annual meeting next
after his el"ction, and until his successor has been ap-
pointed ;
(6.) The second person elected shall continue in office
for one year to be reckoned from the annual meeting next
after his election, and until his successor has been ap-
pointed, and
(c.) The third and last person elected shall continue in
office until the next ensuing annual school meeting, and
' until his successor has been appointed ;
VOTERS AT FIRST MEETING.
(d,) Until a school tax has been imposed in any or-
ganized school district, every resident freeholder and
householder of the full age of twenty-one years, shall be
eligible for the office of trustee, and may take part in any
school meeting.
NOTICE.
M. 8. A. sec. iG. 26. All school mectiugs after the first shall be called
by the respective boards of trustees, in accordance with
the form of notice furnished by the section of the board
of education to which the district belongs.
SCHOOL MEETIN(^S. 15
ANNUAL MEETING.
27. On the first Monday of February in each year, a m. Sj^a.^»w3.^2o,
meeting of the ratepayes of each school district, of the 47 vic, cap. s?,
age of twenty-one years and upwards, shall be called by '*^* ^*
the board of trustees, by notice posted by them on the
schoolhouse, if there be one, or in three public places in
the district, at least two weeks in advance ; and the
majority of the electors present shall choose one or more
persons (as the case may be) to be school trustees for the
district, and two auditors ; and shall receive and decide
upon the annual report of the trustees and the report of the
auditors and transact such other business as maj have
been set forth in the notice calling the meeting.
28. When in a district, for any cause, the annual Jlam^'deTby
school meeting has not been held on the first Monday in JecTe!'* ^*'*' ^^
February, the trustees shall appoint another day for the
holding of such meeting : provided that if the trustees
fail to call such meeting, the superintendent of the sec-
tion to which the district belongs shall call it.
Fonn of notice for annual school meeiing in rural school districts .
ANNUAL SCHOOL MEETI.XG.
The annual public meeting of the ratepayers of the school
district, will be held in the School House, on Monday, February ,
188 , at 10 o'clock a.m., to receive a statemecl of the receipts and expen-
diture for the past year: to elect a trustee to. fill the place of the liHistee
whose term of office expires, and two auditors ; to receive the annual
report of the trustees and the report of the auditors ; and generally, to dis-
charge such duties as are required by law to be done.
Bv order of the Board of School Trustees.
S. M.,
8'>crelary-Treasurer.
Dated this day of A.D., lf8
SPECIAL MEETINGS.
2i). All special meetings of the ratepayers in a school agam^'dldV^'
district shall be called by the trustees or the superinten- *7 vie, cap. 37
dent, by posting up notices in at least three public places '^'^' '^ ^"^'
within the school district, at least two weeks previous to
such meetinff ; the business to be considered at such
meeting shall be plainly set forth in the notices calling
the same and no other business may be legally transacted
at a special meeting but such as may be held in ac-
cordance with these provisions.
Trustees are required to call special school meetings when requested to do
so by a majority of the ratepayers or the Superintendent. See sec. 13 of ^
47 Vic, cap. 37. (A'.) page 26.
J
\
16 SCHOOL MEETINGS.
Fonn of notice for special school meelimj.
SCHOOL MEETING.
Notice is hereby given that a special meeting of the ratepayers of the
school district will be held at house,
on 188 , at 10 o'clock a.m., for the purpose (here state
in full the business to be brought before the meeting.)
By order of the board of school trustees.
S. M.,
Secretary-Treasurer.
Dated this day of A.U., 188
SETTLEMENT OF DISPUTES.
M. s. A. sec. 21, 30. If, within thirty days after the holding of a school
47 \?c!rcap.^37, meeting, a complaint be made in writing to the superin-
Rec.fi (rt). tendent regarding the legality or regularity of the pro-
ceedings at such meeting, he may cause un investigation
to be held, and in his discretion declare the proceedings
void, and cause another meeting for the same purpose to
be called, or may ratify and confirm such proceedings,
and any decision so rendered by such superintendent
shall be final.
MODE OF PROCEEDING AT A SCHOOL MEETINCi.
M. s. A. sec. 17. jjj ^^ every school meeting as authorized and re-
quired to be held under this present Act, the ratepayers,
or if it is a first meeting in a new district, then the free-
holders and householders present at such meeting, or a
majority of them ;
(a.) Shall elect a chairman : and the chairman of the
meeting shall decide all questions of order, subject to an
appeal to the meeting, and in case of equality of votes,
he shall give the casting vote, but he shall have no vote
as chairman, and the chairman shall take the votes in the
manner desired by a majority of the electors present, un-
less a poll be demanded by any elector present, when he
shall be the returninsT ofiicer :
'O
(6.) Shall elect a secretary ; and the secretary shall
record the. proceedings of the meeting in a book kept for
that purpose, and if a poll be held, he shall record the
names of the voters, and the candidate or candidates for
whom each elector votes ; and such poll shall be held on
the day of such meeting and shall be kept open until
four o'clock in the afternoon, unless at any time one
hour shall have elapsed without a vote being recorded ;
(c.) A copy of the minutes of all school meetings shall
be transmitted to the superintendent within ten days
after the holding of such meeting.
SCHOOL MEETINGS. 11
voters' list.
32. It shall be the duty of the city or town clerk, or m. s. a. sec. «.
■clerks of municipalities to furnish to the board of school
trustees five days before the annual school meeting au-
thorized to be held under this Act, a certified copy of the
last rcA^ised municipal voters' list for each ward in the
city, town or municipality in which such Acts are in
force.
'w.
VOTER S DECLARATION.
33. Except as provided for the first election of trustees JJ-^^j;^^^;^*/^^!^'
und in the case of any i)erson or persons w^ho have been ♦? vie, cap. s?,
included in a school district after the last preceding"*"'
ass*jssment and levy of taxes within the same, no person
shall be entitled to vote at anv school meetinjr whatever,
unless he shall have been assessed ; and in case an ob-
jection be made to the right of any person to vote in a
district, the chairman shall, at the request of any elector
present, require the person whose right of voting is
objected to, to make the following declaration {or afiirma-
tion) : —
I, A. B., do declare (or affirm) that I have been rated on
the assessment roll of this or some other school di8trict,(^ jj /
and that I am legally qualified to vote at this election. ( OL^yv^-^ ^^^
Thereupon the person making such declaration shall
be permitted to vote and not otherwise.
FALSE DECLARATION. — PENALTY.
.34. If any person wilfully makes a false declaration m. s. a. ». 112.
of his right to vote, he shall be liable to a penalty of not
le.s^J than fiftv nor more than one hundred dollars.
MINUTES OF MEETIN(fS TO BE SENT TO SUPERINTENDENT.
35. The proceedings of every school meeting shall, ^- ^- ^- ■• "3-
within eight days thereafter, be reported by the chair-
man of such meeting to the superintendent of his section,
under a penalty of five dollars.
DISTURBANCE OF MEETING OK OF SCHOOL SESSION.
36. Any person who wilfully disturbs, interrupts or»Ls. a. «. n4.
disquiets the proceeding of any school meeting, or any
one who interrupts or disturbs any i)ublic 8chool by rude
or indecent behaviour, or by makins: a noise either
2
18 SCHOOL TRUSTEED.
within the place where school is kept or held, or so near
thereto as to disturb the order or exercises of the school^
shall for each oflfence, on conviction thereof, before a
justice of the peace, forfeit and pay a sum not exceeding^
twenty dollars, together with the costs of the conviction,,
as the said justice may think fit.
SCHOOL TRUSTEES.
CORPORATE POWERS.
M. s. A. sec. 84^ 37. The school trustees in each school district, shall
^ / be a corporation under the name of " the school trustees
/,. / (for the Protestant, {or Catholic, as the case may be) school
• C • i^^€(^. \ district of in the County of ; ""
' J they shall have perpetual succession, and a common
^^ ,^ ^ seal, if they think proper to have one ; they may sue,
^ ^(yi/r^ ^ J ! ^^^ ^® sued, and shall generally have the same powers
which any other body politic or corporate has, or ought
to have, with regard to the purposes for which it is
constituted.
\
TERM OF OFFICE.
Mam4'd"edby*' 38. Except as clsewhcre provided, the time of holding^
47jic., Cap. 64, ogee as school trustee shall be three years; provided
that the trustees in any year elected shall remain
in oflB.ce until their successors are elected ; and to
remove all doubts as to the past, it is hereby declared
and enacted that this clause, as hereby amended, shall
have a retroactive eflPect up to the first of January, 1882,
and that all acts and things done and passed by a board
of trustees, the term of oflSce of some or all of whom
should have expired by lapse of time or by some provi-
sion of law, are legal and binding to all intents and pur-
poses.
DISQUALIFICATIONS.
M fiii^deli'b^^' ^®* Except as provided in clause eighteen,* no person
47 Vic, Cap. 47, shall bc eligible to be elected or to serve as- a school
^sec. 1 . trustee who is not a resident ratepayer of the district «r
^^^_ . J . ■ gaMrif) which he proposes to represent.
M. s. A. wc. 64. 40. No person convicted of felony or of an infamous
crime shall be eligible to be elected as a school trustee.
Mi^^'deTby ' 4:1. It shall uot be lawful for any trustee to enter into
McTuV ^*^' ^^' ^ contract with the corporation of which he 4s a member^
• See M. S. A., sec. 18, page 14.
1
SCHOOL TRUSTEES. 19
or to have any pecuniary claim on such corporation, ex-
cept for a school site, or as a secretary-treasurer, and then
only T?vhen he shall have been appointed by the other
two members of the corporation.
. No school trustee shall be teacher or inspector of m. s. a. sec. 42.
any school in his school district.
DECIiARATION OF OFFICE.
4:3. Every trustee after his election and before he shall JJ-;^4-//^\^*»
be entitled to sit or vote as such at any meeting of the ^^"'^*^g^'*^i'o
board, shall make before the chairman of the school ' ' ' ' -
meeting at which he was elected or before a justice of the
peace, a declaration, which he shall produce and deposit
with the secretary-treasurer of the board, and which shall
be in the following form : '* I, A. B., do solemnly declare
that I will truly, faithfully, and to the best of my ability
and judgment discharge the duties of the office of school
trustee for the school district of
to which I have been elected.
Dated at the
day of 18
'* Taken before me, &c. A. B.
CD.
. ** J. P. (or chairman, &c., as the case may be.) "
REFUSAL TO SERVE.
44. Any person elected to the office of school trustee m. s. a. sec. 43,
who refuses to serve as such, shall forfeit the sum of fiveJJvTctrc^.^'sT,
dollars for the use of the school district, and his neglect ®^^- ''''•
or refusal to take the declaration of office within one
month after his election, if resident at the time within
the district, shall be construed' as such refusal, after
which another person shall be elected to fill the place ;
but no school trustee shall be re-elected, except by his
own consent, during the four years next after his going
out ot office.
REFUSAL OR NEGLECT TO PERFORM DUTIES.
45. Any person chosen as trustee who has not refused m.s. a. sec. ns.
to accept office, and who at any time refuses or neglects
to perform his duties shall forfeit the sum of twenty
dollars.
20 SCHOOIi TRUSTEES.
/
M.s.A.Bcc.iiu. 46. Should the trustees of any public school wilfully
neglect or refuse to exercise all the corporate powers vested
in them by this Act or any other Act or Acts of this
Province, for the fulfilment of any contract or agreement
made by them, any trustee or trustees so neglecting or
refusing to exercise such powers shall be held to be per-
sonally responsible*for the fulfilment of such contract or
aarreement.
iM.s.A.8€c.ii7. 4:7. All such i)rosecutions for fines and penalties may
be instituted by any competent person, before any justice
of the peace who may convict the offender on the oath of
one credible witness, other than the prosecutor ; and if
upon conviction, the penalty, with costs is not paid forth-
with, the same shall, under warrant of such justice, be
levied with costs of distress and sale of the goods and
chattels of the offender ; and such penalty when so paid
and collected shall, by such justice, be paid over to the
school fund of the district to which such delinquent be-
lonsfs.
VACATION OF OFFK^E BY RESIGNATION OR NON-RESIDENCE.
M. s. A. 8CC. 44. 48. Any person chosen as trustee may resign with the
consent exi)ressed in writing of his colleagues in office,
and a continuous non-residence of three months, shall
cause the vacation of his office.
DISPUTED ELECTIONS.
M. s. A..8ec. ou. 49. Any school trustee whose election has been
obtained by fraud or statagem or by the votes of persons
not qualified as electors, or any person usurping the
functions of school trustee, or illegally holding that office,
may be summarily prosecuted, at the instance of any
party interested, or several collectively interested, before
any one of the judges of the county court of the county
in which such election, usurpation or illegal retention of
office has taken place for the purpose of declaring such
election, or such retention of office, illegal, and such seat
vacant.
^s'wn^'dedV"' ^^^' ^* ^hall be the duty of any judge of the court of
46 Sid 47 Vic? Queen's Bench or of the county court of this Province, or
rap. 40, sec. lo. ^^^ stipendiary magistrate, to investigate and decide any
complaints which may be made in the manner provided
by the statute in that behalf, in regard to the election of
any school trustee, or in regard to any proceeding at any
school meeting : provided always that no complaints in
rejyard to an election or proceeding at any school meeting
8CHOOL TRUSTEES. 21
shall be entertained, unless made in writing within
tAventy days after the holding of such election or meeting.
The costs and expenses of any such investigation shall be
paid by the parties concerned in it, as such judge or
magistrate may decide, but such judge or magistrate shall
not be entitled for his own services or fees to a greater
sum than five dollars per day for each day actually
engaged in such investigation.
51. All contestations with regard to the election of JJa'Jaeud^A^y^'
school trustees, and to the functions and powers assumed H^^o! ^*^* '^^'
by school trustees or any of them, or their officers, or by
any person or persons claiming to be such trustee or
trustees, or oflB.cer or oflB.cers, may by any competent
person be brought, by a petition setting forth the case, of
i?^hich a copy must have been served on the parties
concerned, before the county court, at its next sitting, and
shall then be determined in a summary manner, on the
evidence adduced ; but no resolution, by-law, proceeding
or action of any board of trustees shall be invalid or set
asi^e by reason of any person whose election has been
annulled or declared illegal having acted as a trustee.
VACANCIES FILLED.
52. In all cases of vacancy, another trustee shall be m. ?<. a. «ec. 45.
elected at a meeting called by the trustees or trustee
remaining in office, and the person so elected shall hold
office for the unexpired term of the trustee whom he
replaces : provided that if the vacancy is not filled within
one month, the superintendent shall appoint some *
qualified person to fill it.
53. In all cases of prolonged incapacity arising from m. s. a. aee. 46s
sickness, no election or appointment to fill the said office
shall take place, unless the said incapacity has been
established by the certificate of a physician, deposited
with the secretary- treasurer, and the vacancy arising*
from such incapacity shall date from the day of the deposit
of such certificate.
TRUSTEES' MEETINGS.
FIRST MEETING.
54. The school trustees shall meet within ten days m. s. a. sec. 37,
after receiving notice of their election, for the purpose of
choosing a chairman and a secretary-treasurer, and
transacting such other business as may be required.
22 trustees' meetings.
temporary chairman.
(a.) lu case of absence of the chairman from any meeting
of the board, the then assembled school trustees shall
elect one of their number to act in that capacity for the
time being, who shall then be vested with the same
powers and privileges as the ordinary chairman.
MODE OF DECIDING QUESTIONS.
M,s.A. aecss. 55 In the meetings of the school trustees all ques-
tions shall be decided by the majority of votes, and the
chairman shall have the right to vote, but in case of an
equality of votes the question shall be decided in the
negative.
MEETINGS ILLEGAL UNLESS PROPERLY CALLED.
34. s. A^c. 40. 56. No act or proceeding of a board of trustees shall be
deemed valid or binding on any party which is^ not
adopted at a regular or special meeting of the corporation,
of which notice shall have been given by either one of
^ their body, or the person chosen by them to act as
secretary-treasurer, to all the trustees, and a majority of
the trustees at such meeting shall have full authority to
perform any lawful business.
I
V
MINUTE AND ACCOUNT BOOKS.
It shall be the duty of the board of trustees :
M-^. A sec. 39 57. (g) To keep a record of their proceedings, signed for
sec. g. ^^^j^ sitting by the chairman and secretary, and also
correct accounts of their receipts and expenditures, with
reference to the school or schools under their control,
•mentioning specially what relates to each school ; and
such accounts shall at all reasonable hours be open to the
inspection of the ratepayers of the school district.
•
POWERS AND DUTIES OF SCHOOL TEUSTEES.
TO HOLD PROPERTY, BUT NOT TO DISPOSE OF IT WITHOUT
CONSENT OF THE BOARD OF EDUCATION.
58. It shall be the duty of the board of trustees :
aJ'i^^ded^iif' (^'^ "^^ ^^^^ possession and have the custody and safe
Sub^eclionM/i), kccpiug of all commou school property, which has been
hyA7^v^?^ Cap. acquircd or given for common school purposes under
POWERS AND DUTIES OF SCHOOL TRUSTEES. 23
this Act, ill their district, and such corporation shall be J^'^'J^^^^ ^
empowered to acquire and hold, as a corporation, by any 4««nd47Vic.,
title whatsoever, any land, moveable property, moneys, ""** *** *^' "'
or income for school purposes, and to apply the same
accorcjing to the terms on which the same was acquired,
or received, but they shall not without the sanction of the
section of the board of education to which they belong
have power to alienate or dispose of any school real
estate ;
PROVIDE SCHOOL HOUSE AND APPARATUS.
(b.) To do whatever they may judge expedient with
Tegard to building, repairing, renting, warming, furnish-
ing, and keeping in order, the schoolhouse or schoolhouses
in their district, its furniture and appendages, and the
school land and enclosures held by them, and for procuring
apparatus and school books for their school, and when
there is no suitable schoolhouse belonging to the district,
or when a second schoolhouse is required, then, to build,
rent, repair, furnish, warm, and keep in order, a house
and its appendages to be used as a schoolhouse ;
9
EMPLOY TEACHERS.— WRITTEN AGREEMENT.
(c.) To contract with and employ such teachers exclu-
sively who hold certificates from that section of the board
of education through which they receive the legislative
grant, and such contract shall be in writing and signed
hy the contracting parties ; •
Form of dgreeinenl betufeen Tnislees and Teacher.
We, the undei'signed Trustees of
School District, in the County of , have chosen
who holds a class certiflcatc of qualiflcation, to
be a Teacher in the said School ; and we do hereby contract with and
employ such teacher at the rate of per annum, (or, a?
the case may be) from and after lh« date hereof, ond we do ftirther bind
and oblige ourselves and our successors in office, faithfully to collect an*l
pay the Teacher, during the continuance of this agreement, the sum for
which we hereby become bound ; the said sums to be paid to the said
Teacher And the said Teacher hereby contracts
with the Trustees hereinafter named, and binds himself to teach and conduct
the School, according to the School Laws and the regulations in force
under their authority.
This agreement shall continue in force
from the date hereof, unless the certificate of the sai«l Teacher should in the
meantime be revoked, and shall not include any teaching on Saturdays, or
on other lawful holidays or vacations decided on, e. g.
Ail such holidays and vacations being at the absolute disposal of tho
Teacher, without any deduction from his salarv whatever.
- Trustees.
Dated this dav of) Teacher
, A.D.. 18
}
24 POWERS AND DUTIES OF SCHOLL TRUSTEED.
(d.) To provide for the salaries of teachers, and all
other expenses of the school ;
VISIT THE SCHOOL.
(e.) To visit the school once a month, for the purpose
of seeing that it is conducted according to the prescribed
regulations of the board of education ; and the school
trustees, or any of them, shall, if necessary, make any
suggestions in accordance with the said regulations, with
a view to the more efficient working of the school, and
should the teacher fail to act upon them, the matter shall
be referred to the whole body of trustees, who shall
report to the superintendent ;
DEAL WITH COMPLAINTS.
(/.) To see that the discipline of the school is properly
enforced ; at duly called meetings of the board of trustees
to expel unmanageable pupils, on the complaint of the
teacher ; to deal with complaints and appeals from parents
or the teacher ; and hold meetings to enquire into the
same;
ADMIT NON-RESIDENTS.
47 Vic, Cap. ,37, (A.) To admit as pupils of the school any children
'^*^^' whose parents or guardians are not assessed and do not
pay the special tax for one-fourth of the estimated ex-
penses of the school as provided in sections 25 and 26 of
this Act, and to charge and collect a sum not exceeding
fifty cents per month for each of such pupils.
KEEP SCHOOL OPEN SIX MONTHS.
46 and 47 Vic, ({.) To havc their school in operation for at least six
Cap. 46, gee. 11. jj^Qj^^j^g every year when there are not less than ten
children of school age in their district.
REPORT TO SUPERINTENDENT.
47 Vic, Cap. 37, (/) To trausmit to the superintendent the half-yearly
■*'*'• ^^* and annual reports and the census returns, required by
him, on the forms provided, and to cause their books and
accounts at any time, to be laid open to his inspection or
to that of any person appointed by him for that purpose.
POWERS AND DUTIES OF SCHOOL TRUSTEES. 25
RKPORTS TO BE SENT TO THE SUPERINTENDENT.
Census Rclurns, before December first, but not later ihan December lOth :
See M. S. A., sec. 83, and amending Act, page 7.
Annual Financial and Slalisiical Report, within ten doys after the annual
meeting.
Hal f'!/earltj report of allendance, \v\ih\n ten days after the close of each
half-yearlf term.
CALL SPECIAL MEETINGS OF RATEPAYERS.
(k.) To call special meetings for any purpose whatever *7 vie, cap. 37,
whenever required to do so by the majority of the rate- '*^^'
payers, or by superintendent of education.
FAI>5E REPORT. — PENALTY.
59. If any trustee of a school, or other person, know- ^.s. a. sec. 109.
ingly signs a false report, or if any teacher of a common
school keeps a false school register, or makes a false return
with a view of obtaining a larger sum than the just pro-
portion of school moneys coming to such school, such
trustee or teacher shall for each offence forfeit the sum of
twenty dollars.
SINKING FUND INVESTMENT.
60. The trustees of any school district may under theV«ud47yic.,^£'^*^'*^^<
advice and with the consent of the proper superintendent^*''' * ' '*^^" ; ./ /
of educatio^^ invest any money under the control of such^^^**^ 7<////H*-»*'f a/
trustees as a sinking fund for the payment of any loan or
otherwise held for school purposes and not required fby
expenditure within twelve months.
SALE OF REAL ESTATE.
61. The trustees of any school district may, with th^<« and ^7 vic,
consent and approval of the proper superintendent of; ^'*^'"*^' ' j
educatioiMsell and dispose of anv land or real estate or /(^ xy\K<'^^^*
any interest therein for the benent and advantage of said y
school district, and convey the same or any portion \^^^// Mf/;''/A<./'
thereof in fee simple or for any lease estate to any pur- V U Z-i? t
chaser or purchasers thereof, or of any interest of freehold, /
leasehold, or other estate therein, by deed or other instru- 1
ments, as the case may be, signed by the chairman and /
the secretary-treasurer of such school district. /
26 POWERS AND DUTIES OF SCHOOL TRUSTEES.
ACCESS TO ASSESSMENT ROLL.
M. s. A. 8CC. 47. Q2. The board of school trustees or their secretary-
treasurer shall hare at all times during office hours free
access to the assessment roll of the municipality, and
they shall be permitted to copy therefrom that portion of
it having reference to their respective school districts,
together with the names and amount for which each
individual is assessed.
PROSECUTION BY OR OF SCHOOL TRUSTEES.
M. s. A. sec. Bi. 63. The school trustees of any school district may
institute suits, or prosecutions for the school assessments,
assessment for schoolhouses, and for all arrears of the
said assessments and monthly fees, and such suits or
prosecutions may be instituted before the county court
or before two justices of the peace of the county, and thjB
justices may after judgment cause the amount of the
judgment together with the costs thereof to be levied
under warrant, by the seizure and sale of the goods and
chattels of the defendant, such seizure and sale to be
effected by the secretary-treasurer, who shall for that
purpose have and execute the power of sheriff, and who
shall be entitled for such services to the same fees as the
said officer.
Mam4dldV^' 64. In all such suits or prosecutions judgment may be
47v?c!"c\p.37, rendered with costs, and no judgment rendered on any
such suits or prosecutions shall be liable to be appealed
from, nor shall any such suit or prosecution be removed
by writ of Certiorari,
M. s. A. sec. G3. 65. No member of any board of school trustees shall
engage in any suit at law as such trustee, as plaintiff
without a special authorization from the trustees, duly
entered in the minutes, after deliberation ; and every such
action may be brought either by the chairman or by the
secretary-treasurer, in the name of the corporation, as the
board may see fit.
M. s. A. sec. «;4. 66. All persons entrusted in any manner with the
carrying of this Act into effect, or qualified to vote at the
election of school trustees, shall be competent to institute
proceedings under this Act, except in cases where it is
specially i)rovided to the contrary.
SECRETARY-TREASURER. 27
SECRETARY-TREASURER.
APPOINTMENT — DUTIES.
67. The trustees shall appoint as secretary-treasurer ^^-^-a^-"**^- "•
one of their own number, or some other competent per-
son, and the duties of such secretary-treasurer shall in-
clude :
(a,) The correct and safe-keeping and producing (when
called for) of the papers and moneys belonging to the
corporation ;
(b.) The correct keeping of a record of all their proceed-
ings in a book procured for that purpose ; and
(c.) The collecting, receiving and accounting for, of all
school moneys whether from the Grovernment or other-
wise, for the purpose of public school education within
his district and the distributing of such moneys in the
manner directed by the majority of the trustees.
Note. — No sclioel trustee can legally enter into a contract as secretary-
treasurer with the board of which he is a member, unless he be appointed
by the two other members of the corporation. See M. S. A. sec. 41, as
amended by 47 Vic, cap. 37, sec. 14, page 18.
SECURITY FOR MONEYS HELD.
68. Every secretary- treasurer shall, before entering m. s. a. •ec. 56,
i»Tx* T_ * 'j-xiT- 11 ■• amended by
upon his duties, as such, give security to the school 47 vic., ci«». 37,
trustees, by a bond signed and acknowledged before a
justice of the peace, and such security shall be given by
at least two solvent securities jointly and severally, to
the satisfaction of the board of school trustees, and for the
total amount of the moneys for which the secretary-
treasurer may, at any time, be responsible whether arising
from the local school fund or from any particular contri-
bution or donation paid into his hands for the support
of schools, and such security shall be renewed or changed
whenever its renewal or change is required by the
school trustees.
• (a.) In school districts, in which the secretary-treasurer
has not given such security, the trustees shall be person-
ally liable and responsible for any loss that may be
caused throagh his default, except in case of such as,
within three months from the date of their election as
trustees or his appointment as secretary-treasurer, enter a
written protest against the refusal of the majority to
exact such security.
sec, 18.
J
28 SECRETARY-TREASURER.
Form of Bond lo be gioen by Secrelanj- Treasurer.
Know all Men by these Presents,
That A.B., secretary-treasurer of the school district,
C D , of and E.F., of are held and firmly
bound unto the trustees of the school district, in the
county of , or to their successors, in the penal
sum of dollars, to be well and truly paid to the said
trustees or their successors, for which payment we bind ourselves and each
of us resfjectively binds himself and his resp:;ctive heirs, ex«»cutors and
adraini&trators, firmly by these presents.
Sealed with our respective seals and
Dated this day of 18
The condition of the above written Bond or Obligation is such that if the
above bounden his heirs, executors, or administrators,
do and shall well and truly account for and remit all moneys coming into
his hands to the Corporation of the School Trustees of the
school district the just and full sum of of lawful money of
Canada with interest thereon at the rate of per cent, per annum, on
the day and times and in the manner following, that is to say,
without any deduction, defalcation, or abatement whatsoever,
then the said bond, or obligation lo be void, otherwise to be, and lo remiin,
in full force and virtue.
Signed, sealed, etc., etc.
AUDITORS.
M. s. A. Bee. 74, 69. At every annual meeting of any school district,
J?vk!,"ctp.^s7, there shall be appointed by the ratepayers, two auditors
•ec2i. ^p persons to examine the accounts of the secretary-
treasurer of the school trustees and report thereon at the
next annual meeting, and who shall certify to the correct-
ness or otherwise of such accounts.
(a.) It shall be the duty of the secretary-treasurer to
submit his books and A^ouchers to such auditors when
called upon by them so to do, and their report shall be
presented to tne annual meeting next after their ai)point-
ment.
ANNUAL FINANCIAL REPORT.
M. s. A. Bee. i58. 70. Every secretary-treasurer shall prepare and submit
to the board of school trustees annually, previous to the
general meeting of the ratepayers, a detailed statement of
receipts and expenditures of the school district for the
current school year then expiring, and feuch statemerft
after being approved by the school trustees shall be by
them submitted at the annual meeting of the school district,
and the secretary-treasurer shall, on the payment to him
of the sum of one dollar, furnish to any ratepayer a copy
of such statement.
TAXATION. 29
REMUNERATION OF SECRETARY-TREASURER.
71. The Temuneration of the secret ary-treasurer may, *^- ^- ^- •**'• *•
in the discretion of the school trustees, be fixed at any
amount not exceeding eight i)er cent, on the moneys
received by him in such capacity, but such remuneration
shall include every service which the trustees may re-
qnire from time to time from the secretary-treasurer, and
snail cover all contingent expenses whatever, except such
as may be specially authorized by rules and regulations
of the respective section of the board of education, and shall
not in* anv case exceed the sum of one hundred dollars.
N EGLECT . — PENALTY .
755. Any trustee or secretary-treasurer neglecting <^rMS-^^»ec.io7,
refusing to discharge any duty assigned to him or them bv 47 vic, ci«i. w,
this Act, shall be liable to a penalty often dollars for each ^^^' ^'
ofience, and said penalties may be recovered within three
months of the time when such offence was committed.
RETAINING SCHOOL PROPERTY. — PENALTY.
73 . Whenever any school trustee, or secretary- treasurer, m. s. a. sec loe
after his dismissal, resignation, or ceasing to hold office,
detains any money, book, paper or property belonging to
the school trustees of any school, he shall thereby incur
a penalty of not less than five dollars, nor more than
twenty dollars, for each day during which he shall retain
possession of any such money, book, paper or property
after having received a notice from his superintendent of
education requiring him to deposit the same in the hands
of some person mentioned in such notice.
TAXATION.
SCHOOL DISTRICTS LYING WHOLLY WITHIN A
MUNICIPALITY.
74. For the purpose of supplementing the legislative Jks. a. .ec. a^
grant it shall be the duty of the boards of trustees of all ^"^Tc^^^^^^
school districts, (not situate within a city or town) the **'*]
whole territory of which is comprised within the limits
of a single municipality, to prepare and lay before the
municipal council an estimate of such sums, exclusive of
such legislative grant, as may be required for school pur-
poses during the (^urrent school year.
Note. — To guard against the collection of taxes for other than legitimate
school purposes for the current year, it would be advisable for councils or
tno reeves and inspector [as the case may be), to require that trustees' esti-
mates shall include a statement in deiail of the amounts needed and the
purposes for which they are to be expended ; and all disputes regarding
such estimates shall be referred to the Superintendent
Estimates should not be ])resented by a school district in which no school
has been oris to be in operation during the current year, except for ll
l)urpose of meeting indebtedness becoming due during that period.
80 TAXATION.
/o
/
(a.) These estimates shall be laid before the council on.
or before the first day of August in each year ; and there-
upon the said council, employing their own lawful
authority, shall levy and collect three-fourths of the sum
required for each school district within the municipality,
but not exceedtng in the case of any one district, the
; sum of four hundred dollars, by assessment upon the
Roman Catholic or Protestant real and personal property
within the municipality (as the case niay be) ; the council
^ ' / shall collect the remaining one-fourth of the estimated
(J/'\/\yi, \ \ m\ s^^ required and such portion of the three-fourths of the
said sum as may have been in excess of four hundred
dollars, by assessment upon the real and personal proper-
'' ty within the school district, any portion of which is
situated not over three miles in a direct line from the
school house, unless the ordinarv residence of the occu-
" \ pant thereof is beyond the said three miles limit or a dis-
v tance of four miles or over by the public road, and in
/ case of dispute as to such distance the decision of the
Superintendent shall be final ; and the council of each
municipality shall pay over to the trustees of each dis-
i trict the amount of their estimate, whether fully collected
; or not, in two equal payments, the first on the fifteenth
day of October and the second on the fifteenth day of
January following the receipt of such estimate by them.
V
'^ (b.) It shall be the duty of each board of school trus-
tees to make out a list of the persons liable to be assessed
/J J ■• for the balance of their school estimates as hereinbefore
Ia^ t' I \^< *v » .'^ . ) provided, with the assessment of each such person copied
from the assessment roll placed opposite his name also
the amount of school taxes to be collected from him and
to hand such list to the clerk of the municipality on or
before the first day of August in each year.
fonn for School Trustees' estimate.
i
To ihe Council of the Municipality of
Gentlemen: — As required by *• The Manitoba School Act, 1884," lam
•lirected by the trustees of the School District to
inform you that their estimate of the amount required by them for school
purposes for the current year is uollars,*
three-fourths of which (not exceeding $400), amounting to
dollars, is to be collected from the Proteslant (or Catholic)
ratepayers of the municipality, and the balance from those within the school
district, (as the case may be) as given on the list furnished herewith.
I am, Gentlemen, your obedient servant,
Sec'y-Treasurer.
188 .
• See Note, page 29.
TAXATION.
31
Lands to be included in this list.
( To be filled up by the Trustees and handed in by August 1st.)
1. All in th« school district (resident or non-resident) wholly included within the three
miles limit.
2. All non-resideut lands partially included within the same limit.
3. Resident lands partially included within the same limit, upon which the occupant-s
residence is situated within the said limit and less than four miles from the school house hy
the public road.
COPIliD FROM ASSKSSMENT ROLL OF THE
MUNICIPALITY/
Tav in Ha pn11»>plt*il
NAMES.
Total Assessment
subject
to Uixation.
1 QIA bU UO OUIICv<Vv<J
•
* Trustees have the right of access to the uobessment roll of tho munici-
pality. See M. S. A , sec 47, page 26.
SOKDOL DISTRICTS INCLUDING PORTIONS OF MORE THAN
ONE MUNICIPALITY.
75. Ill case the territory embraced in auy school dis-"^. «• ^"cpv^
trict extends within the limits of two or more munici-^rvic, cap. a?,
palities or of a municipality and a city or town corpora- ^' "'
tion, the board of trustees of such school district shall '
obtain from the clerk of each municipality concerned, a y
copy of the assessment roll relating to such school dis- /
trict, and inasmuch as the basis of valuation in each i
municipality may be different, the trustees shall forward 1/;/ .,. \ j
the said copies to the local inspector, whose duty it shall ^ • • ' ^t
be forthwith to call a meeting of the reeves or mayors of
the municipalities concerned at such time and place as
he may fix, at which meeting said inspector shall be the
chairman, and shall in addition to his own vote, have a
casting vote in case of a tie. At such meeting the said
inspector and the reeves or mayors who attend (or, if
none of the reeves or mayors attend, then the said inspec-
tor alone) shall determine the proportion of the trustees'
estimate to be borne by the said municipalities re
spectively.
Wv-^.'S^
i
^
i
32
TAXATION.
Form of notice to be senl bij the (nisiees of a union School Dislrui to the
lieeves and Inspector by the lOZ/i of July.
To the Inspector (or Re ve) of the Municipality of.
Sir : — Tht amount of the estimates of the trustees of the
school district for the current year is $ f of which
$ is to be collected by rate upon the municipalitins of.
und and the balance-, $
by a rate upon the portions of the school district within the said munici-
palities.
In order that the portion of each of the above sums to be collected by
each munici])ality may be alloted as required by law, I am directed by the
trustees to send you herewith the assessment l.sl of the school district as
copied from the roll of each municipality. '
J am. Sir, your obedient servant,
• Sie M. S. A., sec. 47, page 26.
t See Xole, page 20.
Sec'v-Trea?urer.
NAMK.
Acres
asaetted.
ASSESSED VALUE.
Real.
Personal.
Total.
i
\\^
I
wamiii'ded'bf' (^*) ^^^ trustecs shall also make out their estimate of
*7Vic., cap.37, the sums, exclusive of the legislative grant, required for
, sn > . 41 . g^.j^Q^i purj^oses for the current school year, and shall
allot to each municipality for collection, such proportion
thereof as may have been determined by the said inspector
and reeves or mayors, or by said inspector alone as afore-
said, and shall lay such estimated sums required before
■ each council concerned, on or before the first day of August
/ of the year then current : whereupon, the council of each
municipality concerned, employing their own lawful
authority, shall levy and collect three-fourths of the sum
required in the allotment made to them by the trustees
as above mentioned, the total sum thus collected not to
exceed four hundred dollars, by assessment on the wholt*
Eoman Catholic or Protestant real and i)ersonal property
within the municipality, (as the case wai/ be) ; the said
councils shall collect one-fourth of the estimated sums
required and such portion of the three-fourths thereof
as may be in excess of four Jiundred dollars, by assess-
ment upon the real and personal property of the school
/
/
TAXATION. 33
district within their own muuicipality, any portion of /
which is situated not over three miles in a direct line from /
the school house, unless the ordinary residence of the/
occupant thereof is situated beyond the said three miles
limit or a distance of four miles or over by the publir
road, and in case of dispute as to such distance the decisio|i
of the Superintendent shall be final ; and the council oS
each municipality shall pay over to the trustees of such
district, the amount of their estimates whether fully\
collected or not, in two equal payments, the first on the \
fifteenth day of October and the second on the fifteenth \
day of January following the receipt of such estimates by I
them. 1
(b.) It shall be the duty of each board of school trustees I
to make out lists of the persons liable to be assessed for .
taxes for the one-fourth of their school estimates, as herein-
before provided, with the assessment of each such person i^ | /
placed opposite his name, according to the equalized
assessment hereinbefore mentioned, and also the amount
of tax to be collected from him and shall hand over such // > * / ^T • /
lists to the clerks of the municipalities concerned on or , • ' >'/
before the first day of August in each year. ; . ' (
7;'-
Form for School Trustees' esliniales.
{Union School District )
To llie Council of ihe Municipality of A
I
Genllemon : As required by ** The Manitoba School Ameudmenls Act,
1884," I am ilireclod by ihe Trustees of the
School Oislrict to inform you that iheir estimate ol thd amount required by
them for school purposos foi ti.e current year is \
dollars. " • I
The portion of the above eslimato allotted to your municipality for coliec
lion by the reeves and inspector is dollars from the
Protestant (or Catholic) ratepayers of the whole municipality (as the case
may be) ana dollars from the portion of the school district
included within the 2>ame, as given in the list furnished herewith.
/
I am, Gentlemen, your obedient servant,
Sec'y-Treasurer.
188 /
3
34
TAXATION.
Lands to be included in this list.
( To he filled up by the Trustees and handed in by August 1st,)
1. All in that part of the district within this municipality (resident and non-re8ident>
^cholly included within the three miles limit.
2. All non-resident lands partially included within the same limit
3. Resident lauds partially included within the same limit, upon which the occupant^ s
residence is situated within the said limit and less than four miles from the school house
by the public road.
COPIKD FROM ASSESSMENT ROLL OF THE
MUNICIPALITY.-
NAMES.
Total assessment
subject
to taxation.
Tux to be
Collected.
•* See M. S. A., sec. 47, page 26.
ARREARS OF SCHOOL TAXES.
(c.) For the purpose of collecting the arr'ears of school
taxes it shall be the duty of each board of school trustees
to make out a list of the persons liable for such arrears,
with the amount for which each such person is liable
placed opposite his name and to hand the same to the
clerk of the municipality before the first day of August ;
whereupon it shall be the duty of the council of the said
\ municipality to collect such arrears, and return the same
\ to the trustees on or before the fifteenth day of January
\
TAXES TO BE A LIEN UPON PROPERTY.
M. s. A. sec. 27, 71. The school assessment shall be paid equally ac-^
as amended by ,. , ij.* i-ii i j i
47 Vic, (ap. 37, cording to valuation, upon rateable real and personal
sec. 10. property in the school district, and shall be payable by
and recoverable from the owner, occupier or possessor of
the property liable to be rated, and shall, if not paid, be
a special mortgage, and not requiring registration to
preserve it, on all real estate, and a special charge and
lien upon personal property, live stock and farming im-
plements to the value of five hundred dollars belonging
to bondficle owners of real estate of at least forty acres.
TAXATION. 35
EXEMPTIONS FROM TAXATION. •
72. The following real and personal property shall be m. s. a. sec. 29.
exempt from taxation under this Act :
(1.) Real estate held in trust for Her Majesty, or for the
public uses of the Province ;
(2.) Real estate vested in, or held in trust for the mu-
nicipality, and used for municipal purposes ;
(3.) Real estate held in trust for any tribe or body of
Indians ;
(4.) Every place of public worship, church-yards, bury-
ing grounds, educational or charitable institutions, public
roadway, square, gaol, hospital, agricultural and horticul-
tural societies, with the land requisite for the due en-
joyment thereof ;
(5.) Lands allotted by the Dominion Lands Act to
Half-breed children of heads of families under the age of
eighteen years, not disposed of by them.
PROTESTANT AND CATHOIJC SCHOOL TAXES.
73. The ratepayers of a school district, including reli- m. s. a. sec. se
gious, benevolent, or educational corporations, shall pay
their respective assessments to the schools of their re-
spective denominations ; and in no case shall a Protestant
ratepayer be obliged to pay for a Catholic school, or a
Catholic ratepayer for a Protestant school.
74. When property ow^ned by a Protestant is occupied m. s. a. sec. 31.
by a Roman Catholic and vice versa, the tenant in such
cases shall only be assessed for the amount of property
he owns, whether real or personal, but the school taxes
on said rented or leased property shall, in all cases, and
whether or not the same has been, or is stipulated in
any deed, contract or lease whatever, be paid to the
trustees of the section to which belongs the owner of the
property so leased or rented, and to no other, subject to
the exemptions aforesaid.
75. Whenever property is held jointly as tenants or m. s. a. sec. 32.
as tenants in common, by two or more persons, the
holders of such property being Protestants and Roman
Catholics, they shall be assessed and held accountable to
the two boards of school trustees for the amount of taxes,
J
36 SCHOOL DISTRICTS IN UNORGANIZED MUNICIPALITIES.
in proportion to their interest in the business, tenancy,
or partnership, respectively, and such taxes shall be paid
to the school of the denomination to which they re-
spectively belong.
SCHOOL TAXES FROM CORPORATIONS, ETC.
M.S. A. sec 28, 7(}. Thc corporatious sltuatcd in a locality where dif-
Aft AntlATinAn DV *^
47 Vic, Cap. 87, fercut school districts are established and persons who
**^' "• are neither Protestants nor Catholics, shall be assessed
only for the school district of the majority ; yet out of
such assessment, the council of the local municipality,
city or town, shall give to the school district of the
minority, a part of such assessment, in proportion to the
number of children of school age, and the majority shall
be determined by the number of Protestant or Catholic
children of school age, as the case may be, according to
the census.
SCHOOL DISTRICTS IN UNORaANIZED MUNI-
CIPALITIES.
M. b. A. sec. 25, 77. Ill portions of the Province not organized into
amended by 47 municipalities cacu section ol the board ol education
Mc.*8,^Sd^'f shall have authority to form and alter school districts
J^'/ii?^^' ^**' under its authority and the trustees of such school dis-
tricts are hereby empowered to assess the same and to
levy and collect taxes therein for the support of their
schools.
ASSESSORS.
M. s. A. sec. 70. 78. The school trustees may within twenty days after
the annual school meeting, appoint one or more assessors
from the resident ratepayers, provided the district is not
included within a municipality, or the municipal council
refuses or neglects to do so, and such remuneration shall
be paid to such assessor as the board shall see fit.
M. 8. A. sec. 71. 79. Bcforc entering upon the discharge of their duties,
such assessors shall be sworn, before a justice of the
peace, to the faithful discharge of their duties, and they
shall within two weeks after their appointment, proceed
to make out an assessment roll of the rateable property
of each ratepayer in the school district, and shall deliver
the same into the hands of the secretary-treasurer of the
school trustees within one month thereafter.
SCHOOL DISTRICTS IN UNORGANIZED MUNICIPALITIES. 37
COURT OF REVISION.
80. The school trustees shall be constituted a court of ^- ^- '^' '®^- '*•
revision for hearing and deciding any complaints that
may be made against any assessment made under their
authority, and shall sit as such at any time fixed by the
trustees after eight days notice given by posters in
three public places of the district, by the secretary-
treasurer ; and the decision of the said court of revision *
shall be final, when the amount to be paid shall not
exceed twenty dollars ; and the members of the said court
of revision shall be empowered to administer oath while
sitting as such ; and every appeal from the decision of
such court of revision shall be heard and determined
finally at the next sitting of the county court, within
the jurisdiction of which the school district is situated.
81. When the assessment is made by the trustees, the^- ^' -^- »««'• '»7-
secretary-treasurer shall receive the assessment roll from
the assessors, and shall thereupon notify each person
whose name appears on said roll of the amount for which
he is assessed, and such assessment roll shall be open at
all reasonable hours to the' inspection of any ratepayer
of the school district, and every such ratepayer shall be
entitled to receive a copy thereof, on payment to the
secretary-treasurer at the rate of five cents per name on
such roll.
(a.) The secretary-treasurer shall notify, in accordance
with schedule, each person whose name appears on the
assessment roll, of the date and the place fixed by the
school trustees for the sitting of the court of revision.
COLLECTION.
(b.) The secretary-treasurer shall, within one month
after receiving the assessment roll from the assessors, lay
the same before the board of trustees, and after the said
board have struck the rate, he shall receive the roll from
them for the purpose of collection.
88 BORr.owixa money.
BOREOWING MONEY.
PROMISSORY NOTES BY TRUSTEES.
J7 Vic., Cap. 37, 83. At any time ill any one year before the estimate
of a school district has been prepared by a board of
school trustees or handed to the clerk of the munici-
pality, or before the moneys have been paid over to the
board by the municipality, a board of school trustees in
any city, town or local municipality, may borrow moneys
upon the credit of the board, and give the promissory
note or notes of the board for the same or for the monevs
heretofore borrowed to such an amount as is legally
authorized ; provided, however, that no such moneys
shall be borrowed or notes given to an amount exceeding
in the aggregate one half of the said estimate for the year,
if such estimate have been made, nor one half of the
amount of the said estimate for the next preceding year,
if such estimate have not been made for the current vear ;
and provided also that such moneys shall only be
borrowed or notes given upon a by-law or by-laws of the
board, which shall recite the amounts previously borrowed
and the notes previously given therefor and any sums
paid thereon, but any error or omission in reciting such
sums or notes shall not invalidate such by-law as against
a bond fide lender or payee or holder for value of any such
note, not haviiic notice of such error or omission.
(a.) Any such note or debt for money so borrowed may
be enforced against the board of school trustees and the
ratepayers liable to contribute to its revenues in the
same manner as claims against or debts of municipalities
may be enforced under the municipalities Act of 1884.
(b) Upon the payment to the board by a municipality
of any portion of the sums to be levied for the trustees
by a municipality, it shall be the duty of the board of
school trustees to apply one half of such sum so paid to
it to the reduction of the debt or debts incurred for
moneys so borrowed or upon such note or notes, or in the
event of no such debt or note or not sufficient thereof to
exhaust the one half of the sum so paid being then over-
due, then to deposit such half, or the unexhausted portion
thereof, iu some chartered bank, and to apply the same
to such debts or notes as they become due and payable.
BORROWING MONEY. 39
Form of By-Law,
Note — The original to be entered in the minute book of the trustees and a
copy attached to the promissory note.
By-Law No.
A by-law of the School Trustees ol the Protestant (or Catholic) School
District of in the County of
for the purpose of borrowing the sum of dollars for
the use of the said School District pursuant to sec. 27 of 47 Vic, Cap. 37.
Whereas it is expedient to raise by w^ay of loan the pum of
dollars required for the ordinary expendiiure of the said School District.
And whereas the said School Trustees have already borrowed the sum
of dollars for which they have given the promissory
note of the said corporation and of w^hich the sum of dollars
now remains due and payable.
And whereas the said trustees require the sum of dollars
for the current expenses of the said District and such sum does not exceed
one half of the school estimates for the said School District for the current
year.
Be it resolved theiefore and the School Trustees for the Protestant (or
■Catholic) School District of in the County of
duly assembled enact as follows:
1. For the purposes aforesaid the jum of dollars shall be
raised by way cf loan upon the credit of the said School District and that
the promissory noio of such corporation bo issued therefor in sums of not
less than dollars, nor exceeding in the whole the said
sum of dollais.
2. That , Chairmain and
Secretary-Trea.'urer of the said School District, aie hereby authorized to
execute the promissory notes to the amount and in the manner aforesaid
and to aflix thereto the seal of the said corporation (if there is one) which said
notes shall be rayable at (Bank) at
And also to renew the some from time to time, provided that the same shall
not be renewed so as that any of the said notes sha'.l mature later than the
current school year.
3. The said loan shall bear interest at the rale of per cent, per
annum and shall be repaid as provided by said sec. 27, 47 Vic, Cap. 37.
Done and passed at
by the said School Trustees of the Protestant (or Catholic) School District
of in the Gountv of
this dav of " 188 .
Chairman.
Secretary-Treasurer.
I certify that the foregoing is a true copy of a by-law passed at a meeting
^uly convened of the trustees of the * School District
in the County of on the dav of
188 .
Secretary-Treasurer.
SCHOOL DEBENTURES.
PURPOSES FOR WHICH DEBENTURES MAY BE ISSUED, ETC-
83. If the ratepayers of any school district at a public M.sVje^iH
meeting duly called require the trustees to borrow anyJelSd^fcvic.^
sum of money for the purchase of school sites or erection nl^ist^irfi! Ta*
of school houses and their appendages, or for the pnrchasely 4? vIcLclp.
or erection of a teacher's residence, or for the purpose of ''» •eotiol a*
40 SCHOOL DEBENTURES.
*
47 vfc' 'ca % P^yi^S <^ff ^^y d^bt, charge or lien against such school
•ec. 4.' j 'house, or residence, or against the trustees of any school
district incurred by them as such trustees for any of the
purposes aforesaid, the said trustees shall forward to the
Lieutenant-Governor in council a certified copy of the
minutes of such meeting, and the Lieutenant-G-overnor
in council may thereupon sanction such loans, and such
sanction shall bind the ratepayers of the said school
district to cause to be levied a sum sufficient for the
payment of principal and interest on any such loan at
the times when the same shall become payable, as
provided between the trustees and the lender.
TWO WEEKS NOTICE OF MEETING.
M.S. A. sec. 104, ^84. Notice of such meeting shall be duly given by
•u -sec. (r). ^Qgting up on the door of the school house (if any), and
in two or more conspicuous places within the school
district, for which such loan is sought to be obtained, at
least two weeks previous to such meeting, a notice in
the form or to the effect of that set forth in Schedule A
of this Act.
M.S. A. sec. 104. 85. A majority of thc ratepayers of any such school
sub-sec. (rf). district present at such meeting shall be sufficient to
authorize such loan, and the assent of the Lieutenant-
Grovemor shall be obtained before such loan is completed.
FORM OF PUBLIC NOTICE.
M. s. A. sec. 104, Notice is hereby given that a meeting of the ratepayers
within the school district will be held
at the in the said school district, on
day, the of day A.D., 18 ,
at the hour of o'clock in the noon,
for the purpose of considering the expediency of raising
money by way of loan to (here slate the purpose for which the
loan is intended.)
Dated this
day of
A.D. 18 ) Secretary-Treasurer.
I, A. B.f Secretary-Treasarer of the school district, do solemnly
declare that three or more copies of the above notice were posted up within the said district
fer a period of at least two weeks as required by the Manitoba School Act.
Secretary-Treasurer.
School District.
Declared before me this
day of , 188 .
jr!p.
SCHOOL DEBENTURES. 41
«
86. The minutes of any meeting of the ratepayers <>f a^^*"Jg*'g^*^j-^
school district called to consider the propriety of borrow- «« wnendedf by
,. J. .J i- ^ -I J J 47 Vic, Cap. M,
mg money, as mentioned m said seetion one hundred wo. 4.
and four, shall be headed with a statement in the follow-
ing form, or to the same effect :
(«.) The said minutes shall also contain a list of the
names of the ratepayers who voted at the said meeting
upon the question of raising or borrowing money, dis-
tinguishing those who are freeholders from those who
are not, and recording the vote given by each person for
or against the said question.
'* Minutes of a public meeting of the ratepayers of the
school district in the municipality
(or county) of held the
day of 18 , in the pursuance of a
notice given as required by *The Manitoba School Act,'
and called for the purpose of considering (and advising
the trustees of said school section in respect to) the
question of raising or borrowing a sum of money for the
purpose of (here state the purpose for which the loan is
intended as in the published or posted notice.)
" The said meeting having been organized by the ap-
pointment of Mr. A. B. as chairman and Mr. C. D. as
secretary the following proceedings were had :
'' It was moved by Mr. &c." (the
motions and formal proceedings of the meeting to be then
given, certified at the foot thereof to be correct and signed
by the chairman and secretary.)"
The names of the ratepayers present who voleil in favor of the motion
are as follows :
Freeholders : —
Householders or OocupanU : —
The names of those who voted against the motion are as fellows :
Freeholde:'s : —
Householders or Occupants : —
The number of freeholders whose nam>js are entered upon the asseasnjcnl
list of the school district, is
Chairman.
Secretary.
I, A. B., chairman (or secretary) of a merting of the ratepayers of the
school district, held on the ' day of
188 , do hereby solemnly declare that the above minutes
are a correct record of the proceedings of the said meeti.i^'.
Chairman (or Secretary.)
Declared before me this
day of 188
J. P.
42 SCHOOL DEBEXTURES.
MINUTES TO BE SENT TO SUPERINTENDENT
46^and^47Vic.^ SI . X copv of Said minutes shall be given to the
' ' secretary-treasurer of the board of trustees of the district
for the information of said board, and the original, with
a declaration endorsed thereon or attached thereto, taken
before a justice of the peace or other person authorized to
take declarations under the statute, with a copy of the
notice calling such meeting, proving the posting of the
said notice as required by the Act, shall be given or
transmitted to the superintendent of the section of the
board of education having the supervision of such school
district ; and it shall be the duty of such superintendent,
with as little delay as possible after the receipt of such
minutes and proof, to enquire and satisfy himself that
the purpose for which the loan is required is a proper
and necessary one, and having regard to the means of the
ratepayers of such school district to repay the same ; and
if such superintendent approves of such loan he shall
transmit said minutes, proof and other documents con-
nected therewith to the provincial secretary, together
with a certificate or note of his approval endorsed thereon
over his sicrnature.
STATEMENT TO BE SENT TO SUPERINTENDENT.
40 and 47 Vic, ^ 88. It shall be the duty of the secretary-treasurer of
' ^' " the board of school trustees of any school district upon
being made aware that a loan, as aforesaid, had been
sanctioned by the ratepayers, to at once transmit to the
proper superintendent of education, as aforesaid, a state-
ment, duly certified under the hand of said secretary-
treasurer and the seal of the said board of trustees, to be
correct, showing the amount of the assessed value of the
real and personal estate of such school district ; its deben-
ture indebtedness, including the amount proposed to be
added under such by-law then being submitted for ap-
proval ; its indebtedness other than under said deben-
tures ; the yearly rate in the dollar required to pay said
debenture debt ; the total rate required for all purposes
and the interest past due, if any, on the indebtedness of
said school district.
SCHOOL DEBENTKRES.
43
Statbmkjtt as required by section 19 of 46 and 47 Vic, Cap. 40, of the assets and liabili-
ties of school district, county of
Assessed yahie of real and
personal property.
Debenture indebt-
edness including
the issue now pro-
posed to be added.
Indebtedness other
than debenture in-
debtedness.
Yearly rate on the
dollar required to
pay debenture
debt.
Yearly rate on the
dollar required for
all purposes.
t past due
ebtedness of
district.
Beal.
Personal.
In teres
on ind
school
•
I hereby certify the above statement to be correct.
Secretary-Treasurer
School District
Dated this
day of
188
89. A statement embodying the information men- *« a»»d 4? vie,
tioned in the last preceding section as to the assets and ***' *^' *^' **"
liabilities of the school section, shall be written or
printed on the back of each debenture issued under the
authority of the Act ; and following such statement shall
also be written or printed the words : ** Issued under the
provisions of the * Manitoba School Act/ 44 Vic, Cap. 4,
(3rd sess.) and amending Act.''
90. The Lieutenant-Grovernor in council, when the 4c and 47 vie.,
question of any school loan shall be before him for assent ^*''* **^' *^ ^
thereto, may take into consideration the effect of the
proposed loan upon the security of any previous loan, in
case the new proposed loan shall be repayable before a
former one, or former ones, and may withold such assent
to such new loan, if he considers tnat the security of the
holders of any existing debenture loan of such school
district was likely to be rendered insufficient, by reason
of the date of payment of the proposed new loan being
prior to that pf any then existing debenture debt of such
district.
Note. — Upon receiving notice of liie consent of the Lieutenant-Governor
in Council to the proposed loan, the secrelarj-treasurer shall convene a
meeting of the trustees by giving each person notice. The proceedings at
such meeting may be in the 'ollowing manner, a copy of which shall be
sent to the superintendent, with the debentures, filled up, and the notice of
the Order in Council.
Tho Superintendent, upon being satisfied that suitablo provision has
been made for therepaymenf of the loan within a reasonable period, shall
present the debentures to the Provincial Secretary for endorsemonl.
44 SCHOOL DEBENTURES.
Form of By-Law.
Copy of the minutes of a meeting of the school iruslees for the Protestant
(or Catholic) school district of , in the County
of , in the Province of Manftoba, held at
in the said school district on the
day of 188 .
Present
In the chair,
and
Trustees.
•
Resolved, that whereas the ratppayers have requested the said trustees to
raise a loan for the sum of. dollar-s for the purpose
of building and furnish'ug a school hou?e or purchasing school grounds,
[as the case may be) awfl ihe sai'l loan his been sanctioned by an order
in council.
Moved by , seconded by ,
that the following by-law be introduced and read a llrst, second and third
time and duly passed.
By-law No
A by-law of the school trustees of the Protestant (or Catholic) school
district of ,in the County of , in
the Province of Manitobi, fer the purpose issuing debentures for the sum
of (Joliars.
Whereas it is necessary and expedient to raise by loan the sum of
dollars, on the credit of the said school district for the purpose
of building and furnishing a school house and purchasing school grounds
[as the case may be.)
And whereas the ratepayers of the said school district at a school meeting
duly convened and held on the day of '88 ,
authorized and required by a resolution duly passed, the said school trustees
to borrow the sum ol dollars, for the purposes aforesaid.
And whereas by an order in council made on the
(lay of 188 , the Lieutenant-Governor in council did
sanction such loan, therefore the school trustees of the Protestant (or Catholic)
school district of , in the County of
dulv assembled, enact as follows :
For the purposes aforesaid, it shall be lawful for the sfli<i school trustees
to borrow the sum of dollars, by the 'issue and sale of
debentures of the said school trustees for the sum of
dollars, of lawful money of Canada. There shali
be debentures, each for the sum of
dollars, making in the aggregate the sum of
dollars and bearing date day of 1^8 ;
and the debentures shall be made payable to the bearer at
at the City of in the Province of Manitoba, as follows :
Debenture No. 1, for $ payable * 18.
Debenture No. 2, for $ payable 18
Etc., etc., etc.
Each debenture shall be signed by the secretary-treasurer and counter-
signed J^y one of the trustees of the said school district.
The said debet lures shall bear interest at the rate of per cent, per
annum from the date thereof payable semi-annuilly on the
of * and the of
in each year, on th« presentation of the interest coupons
attached thereto at the said bank. Each coupon shali be signed by the
said secretarv-treasurer.
SCHOOL DEBENTURES. 45
The said school truslees shall make provision out of ihe unnual school
taxes for the payment of the said interest and for the creation of a sinking
Aind for the redemption ufthe sa'.d debentures and such provision shall
form part and be included m their annual statements of the moneys required
by them for school purposes.
Done and passed by the said school trustees of the Protestant (or Catholic)
school district of in the county of
assembled at in the municipality of
in the Province of Manitoba, this day of
and signed by
Chairman.
Secretary-treasurer.
I hereby certify that the above is a true copy of the minutes of a meeting
duly convened of the trustees fur the Protestant (or Catholic) school district
of ' in the County of held at
on the dav of 188 .
Secretary-Treasurer.
schoo' district.
Municipality of.
91. Upon the assent of the Lieutenant-Governor beinff 46 and 4? vie,
obtained to such loan, and upon presentation within six as amended'by
months thereafter to the provincial secretary or acting Z^^i! ^*^ ^^*
provincial secretary of the debenture or debentures issued
to raise the same, the said provincial secretary or acting
provincial secretary, (unless such assent has in the mean-
time been withdrawn) shall sign such debenture or
debentures under the statement or endorsement thereon
hereinbefore mentioned, and shall affix the seal of his
office or of the Province thereto, and such signature and
seal shall be conclusive evidence that all the formalities
in respect to said loan and the issue of such debenture
have been complied with, and of the correctness of the
statement or endorsement thereof and the legality of
the issue of such debenture shall be thereby conclu-
sively established, and its validity shall not be
Siestionable by any Court in this Province, but the same
all to the extent of the assets of the school district
issuing the same, be a good and indefeasible security in
the hands of any bona fide holder thereof.
93. The assent of the Lieutenant-Grovernor to any such m. s. a. s. io4,
loan shall be conclusive evidence of all the necessary *'"^"'^*^' ^*^*
formalities having been complied with, and that such
loan is one which such school district may lawfully
make.
93. No loan shall be made for any term exceeding m. «. a s. io4,
J ^ sub-sec. (fl).
twenty years. / •-;
94. The principal on such loan may be made payable m. s. a. s. im/ '^'^*^
by annual instalments. »ub-8ec. (?>>.
46 SCHOOL DEBENTURES.
wb?Mc.'(o)jM ^^' -^^^ debentures issued or to be issued, under the
•mended ?y 47 authority of tMs Act and the coupons attached thereto
•ec.'25. ^" ' shall create and be a charge and! lien upon all school
property then or thereafter acquired by or granted or
given to the school district which shall issue the said
debentures, as well as upon all the property assessable
in such school district for school purposes for the said
district (Roman Catholic or Protestant, as the case may
be) and the amounts from time to time falling due upon
such debentures and coupons (subject to any provisions
for the establishment of sinking funds for the repayment
of any such debentures) shall be included in the amount
required from time to time for school purposes for the
said district, and shall be collected and received by and
paid to the trustees of the said school district in the manner
directed for the raising of moneys for school purposes.
rob^icc.' (Z).^*' 96. Any school district having obtained the assent of
the Lieutenant-Governor to a loan may issue debentures
therefor in the form set forth in Schedule B of this Act
to secure the amount of the principal and interest upon
such loan upon such terms as such loan can be obtained
and the said debentures shall be sufficient when signed
by the secretary-treasurer and countersigned by one or
more trustees, to bind the said trustees and to create a
charge or lien against all school property in the school
district for which such loan is made.
FORM OF DEBENTURE.
/ I ^^^
si'hedJ^ie b^m/" ^^' Debentures of the school trustees for the
Md 47 vic^ / school district of , in the county
Cap. 46, nee. j6. of , iu thc Provluce of Manitoba.
The school trustees for the school district
of , in the county of ,
promise to pay to bearer at the , at
the sum of dollars of lawful
money of Canada years from the date hereof
and to pay interest thereon semi-annually on the '
days of , and in each year during
the currency hereof at the same place at the rate of
per centum per annum to the bearer of the coupons here-
I unto annexed respectively, and numbered with the num-
; ber of this debenture.
Issued at this dav of
m
18 by and under the authority of sub-
section F of section 104 of an Act of the Legislature of
Manitoba passed in the 44th year of Her Majesty's reign,
, chaptered 4, and any amending Act.
\ S. M., T. R.,
\ Trustee. Secretary-Treasurer.
BORROWING MONEY 4t
COUPON NO.
The school trustees for the - school dis-
trict of in the county of
will pay the bearer hereof at the at
on the day of
18 the sum of dollars, being interest
due on that day on school debenture, No.
T. R.,
Secretary-Treasurer. *
98. The provisions of Cap. 24 of -44 Yic, respecting *o««d^*7Vic^^
registration of debentures, shall not apply to any deben-
ture certified to by the provincial secretary under the
provisions of this Act, nor to any by-law or resolution
respecting the issue of such debentures.
Rules in reference to the issue of school debenlures, adopled by Order in
Council, on September \slt 1884.
1st. Tho calling of a meeting of ratepayers in accordance with section
104 of the Manitoba School Act.
2ncl. The notice having been given of the time and place of the meeting
ofraiepayers in accordance with the provisions of the Act, the ratepayers
will meet, select a chairman and some person to act as secretary of the
meeting. The question being submitted, a vote should be taken upon it,
and iu taking the votn, the names of those voting for and against the
(fjestion should be entered in the minutes, distinguishing the ratepayers
who are freeholders and those who are tenants and occupants.
.3rd. A copy of this resolution should be sent to the secretary-treasurer of
the school district, and the original minutes with a copy of the notice
calling the meeting, verified by statutory declaration, tO the proper super-
intendent.
4th. As soon as the secretary-treasurer of the school district receives the
copy of the resolution of the ratepayers, authorizing the loan, he should
forward to the proper Superintendeni, a certificate under section 19 of the
School Law Amendment Act, 1883, stating the assets, liabilities, etc.,
required by that section ; and it is proper to distinguish, in the assets,
the personal property from the real estate within the district.
oih. Upon the receipt of the papers from the secretary of the ratepayers,
and the secretary of the school district, the Superintendent will examine
into the circumstances; and, if he deem it advisable, shall approve of
the making of the loan, and forward all the papers, signifying his approval,
to the department of the Provincial Secretary.
6lh.. Upon the receipt of the notification of the assent of the Lieutenant-
Governor in Council to the loan, a meeting of the trustees should be called,
and resolution or by-law passed, authorizing the making of the loan and
the issue of debentures, signed b y the secretary-treasurer and countersigned
by a trustee.
48 ARBITRATION.
7ih. In order to obtain the endorsement of the Provincial Secretary, iho
secretary-treasurer of the school district should enclose the notillcaiion,
with a copy of the resolution of the trustees, certified to J)ea correct extract
from the minutes of the meeting of the trustees, to the Superintendent, in
order that they can be forwarded by him with the debentures properly
signed by the" secretary-treasurer and a trustee and filled up, coupons
properly filled up and signed by the secretary-treasurer, and the endorse-
ment as required by section 20 of the Manitoba School Act of 1883, upon
the back of the debentures signed by the secretary-treasurer and counter-
si|[ned by the trustee with a further endorsement written underneath to be
signed by the Provincial Secretary, to the department of the Provincial
Secretary within six months from the date of the assent of the Lieulenant-
, Governor to the making of the loin
AEBITRATION.
BETWEEN TRUSTEES AND TEACHERS.
M. s. A. eec. »3. In case " of any diflerence between school trustees
and teacher in regard to his salary or the snm due him
or claimed to be due, or any other matter connected with
his duty, the same shall be submitted to arbitration, in
which case each party shall choose an arbitrator.
M. s. A. aec. 94. jji casc either party in the first instance neglects
or refuses to appoint an arbitrator on his behalf, the party
requiring the arbitration may, by notice in writing to be
served upon the party so neglecting or refusing, require
the last named, w^ithin three days exclusive of the day of
service of such notice, to appoint an arbitrator on his
behalf and such notice shall name the arbitrator of the
party requiring the arbitration ; and in case the party
served with such notice does not, within the three days
mentioned therein, name and appoint an arbitrator, then
the party requiring the arbitration may appoint the second
arbitrator.
M. s. A. sec. i»5. The superintendent or a member of the sectional
board to be nominated by such superintendent, shall be
the third arbitrator.
M. s. A. lec. uc. The arbitrators may require the attendance of any
or all the parties interested in the reference, and of their
witnesses, and may direct them or any of them to produce
all documents, books, papers or writings bearing on the
matter in question, and the arbitrators may take evidence
on oath.
M. s. A. sec. 97. The Said arbitrators or any two of them may issue
their warrant, to any person named therein, to enforce
the collection of any moneys by them awarded to be
paid, and the person named in such warrant shall have.
9
ARBITRATION. 49
the same power and authority to enforce the collection
of the moneys mentioned in the said warrant with all
reasonable costs, by seizure and sale of the property of
the party or corporation against whom the same has
issued, as any bailiff of the county court has in enforcing
a judffment and execution issued out of such court.
ARBITRATION BETWEEN BOARDS OF TRUSTEES.
In case of any dispute or difference arising between m. s. a. sec. ge.
any two boards of school trustees in regard to any sum
of money due or claimed to be due under any Act of the
Province of Manitoba, the same shall be referred to arbi-
tration in the manner hereinbefore provided ; and, pro-
vided always, that in difterences between any two boards
of school trustees, the third arbitrator shall be chosen
by the other two and the decision of such three arbitra-
tors shall be final.
Note. — Arbitration Jiolween school (li&lricls alter rcatljustmenl : See
pof?e 1.3.
TEACHERS.
DUTIES.
It shall be the duty of every teacher employed by m. s. a. sec. 75.
any board of school trustees under either of the sections
of the board of education :
(a.) To teach diligently and faithfully all the branches
required to be taught in the schools according to the *
terms of his engagement with the school trustees, and in
accordance with the provisions of the school laws of
Manitoba, or any by-laws and regulations issued under
the same ;
(b) To keep in the the prescribed form the register of
the school ;
ic) To maintain proper order and discipline in his
school ;
(d.) To keep a visitors' book (which the trustees shall
provide) and enter therein the visits made to his school,
and to present such book to every visitor, and request
him to make therein any remarks suggested by his visit ;
50 TEACHERS.
(e,) To give the trustees and visitors access at all times,
when desired by them, to the registers and visitors' book
appertaining to the school ;
(/.) To deliver np any school registers, visitors' book,
schoolhouse key, or other school property in his posses-
sion, on the demand or order of the board of school trus-
tees employing him ;
ig.) To have at the end of every half year at least, a
public examination of his school, of which he shall give
due public notice ;
(A.) To furnish to his superintendent, or to the inspec-
tor of such schools concerned, any information which it
may be in his pow^er to give, respecting anything con-
nected with the working of his school, or in anywise
affecting his interests or character.
REPORT OF SCHOOL ATTENDANCE.
M. s. A. sec. 82^^ ^he teachcr of each school in this Province, receiv-
ing public aid shall within ten days after the close of
each semi-annual school term, transmit to his superintend-
ent a correct statement of the names of the children
attending such school, with their respective ages, and
//Tm^^ . j \ distinguishing between th(» sexes, together with the
i/kVvVA'*-' \^ ^ average attendance during the preceding school term,
and a statement of the number of months during w^hich
the school has been kept open, with such additional in-
[ formation as the superintendent may from time to time
V require.
AGREEMENTS.
M. 8. A. 8ec. 70. AH agreements between trustees and teachers, to
be valid and binding, shall be in w^riting and signed by
the teacher and the chairman of the board of school
trustees employing him, and sealed with the corporate
seal, if any, of the trustees.
Form of Agreement Between Trustees a.nd Teachers.
We, lh»^ undersigned Trustees of
School Disiricl, in the County of , have
chosen
who holds a class certificate of qualification,
to be a Teacher in the said School ; and we do hereby contract with and
employ such teacher at the rate of per annum, (or,
• as ihe case may be) from and after the date hereof, and we do further bind
TEACHERS. 51
and ohlige ourselves and our successors in office, faithfully lo pay
the said Teacher, during the countinuance of this agreement, the sum for
which we hereby become bound ; the sums due lo be paid to the said Teacher
And the said Teacher hereby contracts with
the Trustees Iiereinuftor named, and binds himself to teach and conduct
the School in the said School District, according to the School Laws and
regulations in force under their authoiity.
This agreement shall continue in force
from the date hereof, unless the certificate of the said Teacher should m
the meantime be revoked or cease to be valid, and shall not include
any teaching on Saturdays, or on other lawful holidays or vacations decided
on, e. g.
All such holidays and vacations being at the absolute
disposal of the Teacher, without any deduction from his salary whatever.
Trustees. .
% Teacher.
A, D., 18
Dated this day of >
SICKNESS.
In case of sickness, certified by a medical manj^. s. a. tec, 77.
every teacher shall be entitled to his salary durinj
such sickness for a period not to exceed four weeks for
the entire year, which period may be increased by the
board of school trustees ; provided that such trustees \
employ a legally qualified person to supply his place .•
during sickness. /
e * •
/
INSPECTORS.
The sections of the board of education shall have m. s. a. lec. 78.
power to appoint inspectors who shall hold office during
the pleasure of the section appointing them ; to define
their duties, and to provide for their remuneration, and
such inspectors shall visit the schools and report thereon
at least twice a year.
VISITORS.
The visitors in each school district may be :
(a.) The resident priest or minister of any denomina- m. s. a. sec. so.
tion, provided always that such priest or minister or
ecclesiastic shall only have the right to visit schools un-
der the jurisdiction of the section, whether Protestant or
Catholic, to which such priest, minister or ecclesiastic
may belong ;
62 TEACHERS.
(6.) The members of the Provincial Legislature ;
(c.) The judges of the court of Queen's Bench and
county court ;
(d.) The members of each section of the board of educa-
tion in their respective schools ; and
(e.) The trustee.' of each school district in their own
district.
HOLIDAYS.
M. s. A. ?. 100. Every Saturday and every statutory holiday shall
be a holiday in the public schools ; subject however to
such regulations respecting holidays as either seclion of
the board of education may from time to time make for
the schools under their jurisdiction.
Jieyulalioiis of the Proleslanl Section of the Board of Education in regard to
vacatio)u and school tei^ns.
IG. The school year shall be divided into two terms, the first Drm com-
mencing on the first Tuesday m February, the second terra commencing on
the third Tuesday in August.
17. Holidays and vacations. — (a). Every Saturday in the year, together
with the first Monday in February, Good Friday, the Queen's Birthday, and
one Friday in each school term, when spent in attending meetings
of teachers' associations.
[b]. There shall be two vacations during the year, viz :
The winter vacation from the twenty-fourth day of December inclusive,
to the second day of January inclusive.
The summer vacation from the 1st of July to the third Monday in August,
both inclusive.
18. The Superintendent is hereby empowered, on the application of any
board of school trustees in rural districts, to shorten the period of tiither
vacation, change the time for taking the same or dispense with it altogether,
as may seem best suited to the circumstances of the school : but every such
application must include the reasons for making it, stated in full and must
be signed by all the trustees ; and no arrangements made upon such appli-
cation shall supersede an agreement previously made between the trustees
and anv teacher, without such teacher's consent.
COMPULSORY ATTENDANCE OF CHILDREN. 53
COMPULSORY ATTENDANCE OF CHILDREN.
Every board of school trustees may, with the sauc- ^- ^- ^- «• i*"-
tion of their section of the board of education, make,
amend or revoke any by-laws for their school district, for
any of the following purposes :
{a.) Requiring" the parents or guardians of children of
not less tnan seven years nor more than twelve years of
age, as may be fixed by the law, to send such children to
school for a certain period in each year, unless sufficient
evidence be produced by such parents or guardians, that
they cannot do so ; and any of the following shall be
considered a reasonable excuse :
(1.) That the child is under instruction in some other
manner satisfactory to the magistrate before whom the
complaint may be brought ;
(2.) That the child has been prevented from attending
school by sickness or any unavoidable cause ;
(3.) That such child has reached a standard of educa-
tion of the same as or greater degree than that to be ob-
tained in such public school, by children of twelve years
of age ;
(b.) Determining the time during which such children
are to attend school ;
(t\) Imposing penalties upon parents or guardians for
the breach of any by-law, thus :
(1.) Admonition in the form of a note of warning,
signed by the chairman of the board of school trustees ;
(2.) Summons to appear before the board of school
trustees, and to receive reprimand from the chairman, if
merited';
(3.) Complaints by the board of school trustees to any
justice of the peace of the district, who may impose a fine
not exceeding twenty-five cents for the first offence, fifty
cents for the second, and so on, doubling the last fine for
any repetition of the offence.
It shall be competent for any judge of the county m. s. a. s. 102,
court or stipendiary magistrate to investigate and decide
upon any complaints made by the trustees or any person
i
64 SPECIAL PROVISIOTS RELATING TO CITIES AND TOWNS.
authorized by them against any parent or guardian for
the violation of any such by-law as is, by the previous
section provided or as may be enacted ; and it shall be the
duty of such judge of the county court to ascertain, as far
as may be, the circumstances of any party complained of,
for not sending his or their child to school or otherwise
educating him or them, and whether the alleged viola-
tion has been caused by poverty or ill-health, and in any
such case the judge shall not award punishment, but
shall report the circumstances to the trustees making the
complaint.
NEGLECT— PENALTY .
M. 8. A. g. 111. Any justice of the peace, assessor, constable or other
officer neglecting or refusing to discharge any duty
assigned to him by the provisions of this Act, shall be
liable to a penalty for each offence of a sum not exceeding
fifty dollars.
M. s. A. 8. 119. AH former school Acts and amendments thereto
shall be and are hereby repealed ; but the board of educa-
tion, superintendents and inspectors, shall continue in
office until replaced under the provisions of the present
Act ; and the school trustees now in office, elected before
the passing of this Act, shall remain in office for the
term elected ; further, all Acts, proceedings and regula-
tions of the board of education, its sections, and boards
of school trustees under the {)revious Act, shall continue
in force, until changed under the provisions of the present
Act.
SPECIAL PROVISIONS RELATING TO CITIES
AND TOWNS.
FORMATION OF SCHOOL DISTRICTS.
M. s. A. sec. 16, The school district of any incorporated city or
47 vTc!rc»p.37, town shall be the same as the territorial limits of the said
vik;*.*r!p!*M^ city or town, except as hereinafter provided; but nothing
sec. 2. herein shall prevent the union of a portion of the adjoin-
ing municipality or municipalities to a city or town or
portion of a city or town for school purposes as provided
in section 12 of this Act ; and the first school meeting in
in any city or town or school district including a city or
town, after its incorporation shall be called by the city or
town clerk within two weeks after the holding of the
municipal elections, or in case of his failure to do so, by
the superintendent of education as soon afterwards as
convenient.
tspecial provisions relating to cities and towns. 55
division into wards :- number of trustees ; rights of
the minority.
(a.) It shall be lawful for each section of the board of
education to form or sub-divide any city or town or any
school district which includes or is included in a city or
town, into wards for the election of school trustees, such
number of wards not to exceed six in any one case, and
to determine the numbr of trustees, not exceeding two, to
represent each ward, when the number of such wards is
more than one, and to fix the date of the first election of
trustees after such formation or sub-division, which elec-
tion shall take place in each ward at the call of the
superintendent, and in each such case the trustees that
may then be in office will so remain in office only until
such election takes place, irrespective of the date of their
appointment ; provided that the existing wards for muni-
pal puiposes shall be the wards for school purposes in
«,ny city or town until such formation or sub-division is
effected by the board of education ; provided further that
the minority shall have power, by the action of their
section of the board of education, to maintain their own
district as it existed before the incorporation of said city
or town, or so to extend their district as to include mem-
bers of their denomination residing in the vicinity where
no school of the same denomination is in operation, but
in such cases the children of the residents within the city
or town limits only shall be computed in the division of
school taxes levied on the incorporated bodies within the
city or town ; provided also, that the minority being
Boman Catholic or Protestant ratepayers (as the case may
be) shall be at liberty to elect three or more trustees as
decided by the board of education, and the trustees so, in
anywise elected shall be the trustees of such district.
TERM OF OFFICE.
In all school districts which include or may here^- s. a. wc. lo,
after include a city or town composed of one ward, there Ay?c!°clp. 37,
shall be three trustees elected as in rural school districts, a%*c!S5?m,
after the term of office of those previously in any wise
elected has expired, and in all school districts hereafter
to be divided into wards there shall be elected at their
first meeting, one-half their number, or, if the number to
be elected be an odd number, then one less than one-half
their number, for a period of two years and the remainder
for a period of one year from the date of the previous an-
nual meeting in school districts ; the persons to serve
two vears shall be determined bv the order of their
56 SPECIAL PROVISIONS RELATING TO CITIES AND TOWNS.
nomination in case no poll is held, and if a poll be held,,
then by the number of votes received and in case of an
equality of votes, the returning officer by his vote shall
decide. And afterwards there shall be elected at the
annual meeting a number of trustees equal to the num-
ber of those whose term of office has expired, and these
newly elected trustees shall remain in office two years,,
or until their successors are appointed.
ANNUAL MEETING — VOTERS' LIST.
M. 8. A. sec. 22/^ In iucorporatcd cities and towns all annual meet-
ings in each ward shall be held on the first Monday of
February in every year, commencing at ten o'clock in the
forenoon, and shall be called by the chairman of the
respective boards of school trustees. It shall be the duty
of the said boards to furnish the chairman of every such
meeting with a copy of the Protestant or Catholic voters'
list for such ward, as the case may be.
Provided, that when the minority elect only three
trustees there shall be but one voting place in the city or
town.
QUALIFICATION OF VOTERS — DECLARATION.
M. s. A. sec. 24. In iucorporatcd cities or towns no person shall be
entitled to vote at any school meeting for the. election of
school trustees, or any school question whatsoever, except
in the district to which he belongs as a Protestant or
Roman Catholic, and unless his name be upon the revised
municipal voters' list for the ward in which he offers to
vote ; and in case any objection be made to the right of
any person to vote in a ward, the chairman or returning
officer of the election shall, at the request of any elector
present, require the person whose right of voting is ob-
jected to, to make the following declaration :
'* I, A. B., do declare (or affirm) that I have been rated
on the assessment roll of this school district and that I
am legally qualified to vote at this election."
Thereupon the person making such declaration shall be
permitted to vote.
Note. — Penally for f&lse declaration. See M. S. A., sec. 11*2, page 17.
SPECIAL PROVISIONS RELATIXCJ TO CITIES AND TOWNS. 57
QUORUM OF SCHOOL BOARD.
The quorum of any corporation, board or body con-^tr*. a.
8tituted under this Act, shall (unless otherwise expressly
declared) be an absolute majority of all the members
thereof ; and the majority of the members present at any
meeting regularly held, at which there shall be a quorum,
may validly exercise the powers of the corporation.
VACANCY FROM ABSENCE OB NOX-RESIDEXCE.
If any trustee in cities and towns shaU absent him- ^i. s. a.
self for three months from the meetings of the board of
school trustees, without beinsr authorized so to do bv a
resolution of the board, or if he ceases to reside in the
school district for a period of three months cons4H?utively.
his seat shall thereby become vacant.
XoTE. — For •Jis']ualitica lions : $€»* i»age IS.
BY-LAWS.
The school trustees in cities or towns shall 1>*^^ JJv^;^ .r;^
power to make by-laws which, however, must before they ***"
can be enforced, receive the approval of the section of the
board of education.
SECRETARY-TREASURER.
In incorporated cities and towns the board of trus-'^ '^ ^ •**- **^
tees shall have power to appoint one of their number or » ' /
some other i>erson, as the majority of the board may de- { / -^ fi {
cide, to be their secretarv-treasurer, to determine the ^^<^ / *
amount of salary to be paid such officer, and to impose -[L^ ..
by by-law such additional duties as may be required by ; I i^*-' 7^-'^v**.V^
the board of school trustees ; and he shall be subject to
the same duties, obligations, and penalties as are imposed
bv this Act.
APPIJIXTMENT OF INSPECri-»RS.
;
The boards of trustees in Cities and towii^ shall haveV ^^^ a. «*. «».
power : # a&i «t v:.? ,
(a) To appoint a Si.hool in^pe^tor. to fix the remunera- ^ -^
tion to be paid him, and to determine his dutit-s ; but ; / • -. / - ' .< /
such appointment requir«^s the approval of the rv.>pec:iv»^ / ^ ^
se«:tions of the board of education. -^ ^ - :■ . . /
ex
(
^P/^v^^^AJv
58 SPECIAL PROVISIONS RELATING TO CITIES AND TOWNS.
LEVY OF SCHOOL RATES UPON PARENTS OR GUARDIANS.
/ (b) To levy at their discretion any school rates upon
/ the parents or guardians of children attending the schools
/ of the town or city, such rates not to exceed fifty cents
per month on resident pupils, or pupils whose parents or
^ \ guardians own property in the city or town, and not
•'•/ ^,. \ more than one dollar per month on non-resident pupils,
i \ \ . or pupils whose parents or guardians live outside of such
/ j city or town and are not the owners of property therein ;
J and such rates if not paid by such parents or guardians
into the hands of the secretary-treasurer for public school
purposes at such time or times as the board may appoint,
may be returned to the clerk of the municipality or mu-
nicipalities in which the parties so in default reside, and
shall by said clerk be placed on the collector's roll and
collected in the same manner for account of said board as
other school taxes or rates.
INSPECTOR — APPOINTMENT AND DUTIES.
M. s. A. 8tc79y/'The boards of trustees of cities or towns shall
jTYii^^cat.^f/respectively, with the approval of the section of the
sec. 22. r Board of Education concerned, have power to appoint a
I fit and proper person to be inspector or manager of all
1 public schools within the jurisdiction of the board of
. / \ trustees appointing him, who shall by frequent visits to
/f I J the schools, and in every other way, do all in his power
/ to improve their character and efficiency ; he shall have
-v. control of the organization and management of the schools
^ of such city or town and report monthly to the trustees
I j as to their condition and progress ; but the schools of
. V \ V-C\a-^'^'V , such city or town shall be under the supervision of the
^ inspector appointed by the Board of Education for the
I county in which such city or town is situate, except that
' in cities and towns in which a collegiate department is
\ or may be established the collegiate inspectors shall have
\ such supervision and report half-yearly to the superin-
^ ten dent.
SCHOOL VISITORS,
M. s. A. sec. 81. Y\\ incorporated cities or towns a general meeting
of the visitors may be held at any time or place appointed
by any two visitors, on sufficient notice being given to
the other visitors ; and the visitors thus assembled may
devise such means as they may deem expedient for the
efficient visitation of the schools, and, in concert with
the school authorities, for promoting the establishment
of libraries and the diffusion of knowledge.
Note. — School visitors defined in Ihe Manitoba Scliool Act, Sec. BO,
page 51.
SPECIAL PROVISIONS RELATING TO CITIES AND TOWNS.
V
COLLECTION OF TAXES.
59
In case the board of school trustees of any city or Jj^^;^^-^*^\J^
town deem it advisable so to do, they may make out an ^y* and 4?
estimate of the sum required in any year for educational secjij^^lind 47
purposes, and on or before the first day of May, in each IlJ'io.*^' ^^'
and every year they shall provide the clerk of the city or
town with such estimate accompanied with a list of the
names of the persons liable to be assessed for the support
of the public school or schools of which the board applying
are the trustees ; but for the year 1884, such estimate and
list may be handed to the clerk of the city or town on or
before the first day of June ; and it shall be the duty of
the council of sucn city or town to levy and collect the
amount demanded with the corporation taxes and to pay
over the same to the board of school trustees when
collected ; or the council may from time to time advance
to any board of school trustees within their municipality
any sum or sums which they may think proper, pending
the collection of the school taxes.
ANNUAL REPORT FOR RATEPAYERS AND RETURNS FOR
SUPERINTENDENT.
It shall be the duty of the board of school trusteesA^«- a. sec. 52.
in cities and towns on or before the fifteenth day of
January in each year :
(a.) To prepare and publish in one or more public
newspapers, or on printed sheets, for the information of
ratepayers of the city or town, an annual report of the
proceedings and of the progress and state of the schools
under their charge and of their receipts and expenditures
of all school moneys and to make all returns required by
the board of education for the Province, or the sectional
board under whose jurisdiction the schools are.
* »
.^^•i.
y
Reports for Super iniendmi.
Census Reiums, before December 1st, but not later than December 10th.
See M. S. A., sec, 83 and amending Act. Page 24.
Annual Financial and Statistical Repoii, within ten days after the annual
meeting. * /
Half Yearly Report of Attendance, within ten days after the close ol' each
half yearly term.
li
!:>
INDEX.
Pages.
Arbitratiox 48, 4!»
Between trustee* aud teacher.— Between boards of trustees.
Board of Education 3," 5
Formation. — ^Tenn of Office.— Duties.^Jections of the board. — Time and place of meeting. —
Quorum. — Vacancy by absence.
Bobrowiwo Mojtey * 38, 48
Promissory notes by trustees. — Form of by-l>iw to accompany note. — Debentures, purposes
they may be issued for. — Notice of meeting, form. — Minutes of meeting, form. — Minutes
to be sent to Superintendent. — Statement to be sent to Superintendent. — Form of by-Uw
for issue of debentures. — Signature of Provincial Secretary. — Debentures shall be a lien
upon property. — Form of debenture. — Rules for the issuf of debentures.
Census op School Childkbk 7
COMPULSOKY AttEXDANCE OF ChILDRSK 58, 64
Cities axd Towss : Special Provisions Relating to ^ 54, «1
Formation of school districts. — Division into wards : number of trustees : rights of the
rainority.—Term of office of trustee*. — Annual meeting: voters' list. — Quahiivation of
voters ; declaration. — Quorum of school board. — ^Vacancy from absence or non-resi-
dence. — By-laws. — ^Secretary- treasurer. — Appointment of inspectors. — Levy of school
rates. — School visitorF. — Collection of taxes. — Reports for Superintendent. — Borrowing
money. — Limit of rate for building. — Form of debenture.
Legislative Qrakt 7, ?)
Apportionment. — Defective census returns. — Serai-annual payments. — Deposit of school
moneys. — Expenditure of Legislative Grant. — Expenses of Board of Education.-— Half-
yearly payments to schools. — Schools not entitled to Legislative grant. — Payments shall
be by cheque.
PowEKS AND Duties of School Trustees 22, 2i>
To hold property, etc. — Provide school house and grounds. — Employ teachers; written
atrreement. — Form of agreement. — Provide for salaries and other expense*. — Visit the
school. — Deal with complaints. — Admit non-residents. — Keep school open six months. —
Report to Superintendent. — Call special meetings. — False report : penalty. — Sinking fund
investment.--Sale of real estate. — Access to aB8es8m»jnt roll.- -Prosecution by or of
school trustees. .
Supeiuktendexts 5, 7
Appointment. — Powers and duties. — Absence.
School Distbicts in, 13
Formation and alteration. — Regulations. — Form of petition for formation. — Liabilitv for
debent\fre debt after readjustment. — Settlement of claims by arbitration after readjust-
ment.
School Meetivos 14, 18
First meeting : proceedings. — Voters at first meeting. — Notice. — Annual meeting. — Form of
notice calling annual meeting. — Special meetings. — Form of notice calling special meeting.
— Settlement of disputes. — ^Mode of proceeding at a school meeting. — ^Voters' list. —
Voter's de«>laration. — False declaration, penalty. — Minutes of meeting to be sent to
Superintendent. — Disturbance of meeting or school session.
School Tbubtses is, 22
Corporate powers.— Term of office.— Disqualifications.— Declaration of office. — ^Refusal to
serve. — Refusal or neglect to perforin duties. — Vacation of office — Disputed elections. —
Vacancies filled.
SECRETAIftr-TREASURER 27, 2B
Appointment and dutie*. — Security for moneys held. — Form of bond. — Auditors. — Annual
financial report, — Remuneration. — Penalty for neglect. — Penalty for retaining school
property.
Trustees' Mbetikgs 21, 22
First meeting.— Temporary chairman.— Mode of deciding questions.— Meetings illegal unless
properly called. — Minute and account books.
Taxation 19, 88
Districts wholly within a muuicipality. — Estimates, time and mode of making. — Form of
school estimates to council. — Districts including portions of two or more municipalities.
— Ferm of notice to reeves and inspector. — Form of estimates to councils. — Arrears of
school taxer.— Taxes a lien upon property.— Exemptions from taxation.— Protestant and
Catholic taxes. — School taxes from corporations.
Teachers 49, 62
Duties ; reports of school attendance ; agreements ; form of agreement -, sickness ;
inspectors ; visitors ; holidays.
Uxoboakizbd Muxicifalities ^ 30, 37
Power of trustees to assess aud collect ; assessors *, court of revision ; collection.
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