COMMON SCHOOL AMENDMENT ACT. 
 
 AN ACT, 
 
 For the better establishment and maintenance of Common 
 Schools in Upper Canada. 
 
 [Passed 23rd May, 1846.] 
 
 'IT/’HEREAS it is expedient to make provision for the better estab- 
 ** lishment and maintenance of common schools in that part of this 
 province formerly Upper Canada, and also for the establishment of a 
 normal and model schools therein: Be it therefore enacted by the Queen’s 
 most excellent Majesty, by and with the advice and consent of the 
 Legislative Council and of the Legislative Assembly of the province of 
 Canada, constituted and assembled by virtue of and tinder the authority 
 of an act passed in the parliament of the United Kingdom of Great 
 Britain and Ireland, and intituled, “ An act to re-unite the provinces of 
 Upper and Lower Canada, and for the government of Canada,” and it is 
 hereby enacted by the authority of the same, that the Governor may, 
 from time to time, by letters patent, under the great seal of the province, 
 appoint a fit and proper person to be Superintendent of Schools, in Upper 
 Canada, and to hold his office during pleasure : that the said Superintendent 
 shall receive a salary not to exceed five hundred pounds, currency, per 
 annum, and to bear such proportion to that sum as the amount of public 
 moneys paid towards the support of common schools in that part of this 
 province called Upper Canada, bears to that paid towards the support of 
 common schools in that part of this province called Lower Canada, and 
 shall be allowed one hundred and seventy-five pounds, currency, per 
 annum, for a clerk, and the contingent expenses of his office, to be by 
 him accounted for, as provided in respect of other public officers ; and 
 that the said superintendent shall be subject to all such lawful orders and 
 directions, in the exercise of his duties, as shall from time to time be 
 given by the Governor of this province. 
 
 II. And be it enacted , That it shall be the duty of the Superintendent 
 of Schools ; 
 
 First —After deducting certain sums as hereinafter provided, to appor¬ 
 tion, on or before the fifteenth day of April of each year, all moneys 
 appropriated by the legislature for common schools in Upper Canada for 
 such year, according to the ratio of population in each district, township, 
 town or city, as compared with the population of Upper Canada, or if he 
 shall think it expedient, in case of a defective census, according to the 
 ratio of children residing in each, over the age of five and under the age 
 of sixteen years, as stated in the last annual report of the District 
 Superintendents. 
 
 Secondly —To certify such apportionment made by him to the Inspector 
 General, so far as it relates to th$ several districts in Upper Canada ; also, 
 to give immediate notice to the Superintendent of Schools in each district, 
 stating the amount of moneys apportioned to his district, and to each 
 township, town and city therein. 
 
 Thirdly —To prepare suitable forms and regulations for making all 
 reports, and conducting all necessary proceedings under this act, and to 
 cause the same, with such instructions as he shall deem necessary and 
 proper for the better organization and government of common schools, 
 
 Preamble. 
 
 Chief Superin¬ 
 tendent of Com¬ 
 mon Schools ap¬ 
 pointed. 
 
 His salary. 
 
 Allowance for a 
 clerk and contin¬ 
 gent expenses. 
 
 Duty of Superin¬ 
 tendent. 
 
 To apportion 
 moneys arising 
 from common 
 school fund, and 
 in what ratio. 
 
 To notify the ap¬ 
 portionment to 
 certain officers. 
 
 To prepare forms 
 and regulations, 
 and furnish copies 
 thereof and of this 
 act to District 
 Superintendents. 
 
22 
 
 Other duties. 
 
 Due application of 
 moneys. 
 
 Complaints sub¬ 
 mitted to him. 
 
 Selection of books 
 
 Normal school. 
 
 Plans of school 
 houses. 
 
 School libraries. 
 
 Diffusion of infor¬ 
 mation. 
 
 Yearly reports. 
 
 Governor may 
 appoint Board of 
 Education. 
 
 Duties of the 
 board. 
 
 Making regula¬ 
 tions, &c. 
 
 Examination of 
 books. 
 
 Common School Amendment Act. 
 
 to be transmitted to the officers required to execute the provisions of this 
 act, copies of which forms, regulations and instructions, as also copies of 
 this act shall be furnished by him to the several District Superintendents, 
 for the use of school sections, as occasion may require. 
 
 Fourthly —To see that nil moneys apportioned by him be applied to the 
 purposes for which they were granted. 
 
 Fifthly —To decide upon all matters and complaints which may be 
 submitted to him by parties interested, under the operation of this act. 
 
 Sixthly —To discourage the use of unsuitable and improper books in 
 the schools or school libraries, and to use all lawful means to provide for 
 and recommend the use of uniform and approved text books in ail the 
 schools. 
 
 Seventhly —To take the general superintendence of the normal school, 
 as soon as one shall have been established. 
 
 Eighthly —To prepare, as soon as practicable, and recommend the 
 adoption of suitable plans of school houses, with the proper furniture and 
 appendages. 
 
 JYinthly —To use his best endeavours to promote the establishment of 
 school libraries for general reading in the several districts and townships 
 of Upper Canada, and to furnish every information necessary, as far as 
 he shall be able, as to the regulations of such institutions, and the books 
 most suitable for them. 
 
 Tenthly —To employ all lawful means in his power to collect and 
 diffuse information on the subject of education generally, among the 
 people of Upper Canada. 
 
 Eleventhly —To submit annually to the Governor of this province, on 
 or before the first day of August in each year, a report of the actual 
 state of the normal, model and common schools throughout Upper 
 Canada, shewing the amount of moneys expended on such schools, and 
 from what sources the same have been derived, with plans for their 
 improvement, and such other statements and suggestions relating to 
 education generally as the said superintendent may deem useful and 
 expedient, in order that the same may be laid before the legislature at the 
 meeting thereof next following. 
 
 III. And he it enacted , That the Governor shall have authority to 
 appoint not more than seven persons, (of whom the Superintendent of 
 Schools shall be one, to be a board of education,) who shall hold their 
 situation during pleasure, and shall be subject to all lawful orders and 
 directions in the exercise of their duties, which shall from time to time 
 be issued by the Governor, and whose duty it shall be, in conjunction with 
 the Superintendent of Schools— 
 
 First —To adopt all needful measures for the establishment and fur¬ 
 nishing of a normal school for Upper Canada,—to make from time to time 
 all needful rules and regulations for the management and good govern¬ 
 ment of such school—to prescribe the conditions on which pupils shall 
 be received and instructed therein,—to select the location of such school, 
 the terms and conditions on which buildings therefor shall be procured,— 
 to determine the number and compensation of teachers and others who 
 may be employed therein,—and to do all other lawful things which they 
 may deem expedient to promote the objects and interests of such school. 
 
 Secondly —To examine and recommend or disapprove of all books, plans, 
 or forms which may be submitted to them with a view to their use in 
 schools ; and no portion of the government grant shall be given in aid of 
 any school in which any book is used which has been disapproved of by 
 the board, and of which disapproval public notice shall have been given. 
 
23 
 
 Common School Amendment Act. 
 
 Thirdly—! To aid the Superintendent of Schools with their counsel and 
 advice on all questions, and on all measures which he may submit to them 
 for the promotion of the interests of schools and for the diffusion of 
 useful knowledge among the people of Upper Canada. 
 
 IV. And he it enacted , That the meetings of the said board shall be 
 held at some place which shall be provided by the Superin:endent of 
 Schools ; and that the first meeting of the board shall be called by the 
 Superintendent of Schools ; that the said board shall appoint a chairman, 
 and the times of its meetings ; that a special meeting may be called at 
 any time by the Superintendent of Schools, by giving due notice to the 
 other members ; that at all meetings of the board duly called, three 
 members shall form a quorum for the transaction of business ; that the 
 clerk in the education office shall be the recording clerk to the board ; and 
 shall enter all its proceedings in a book to be kept for that purpose ; and 
 that the expenses attending the proceedings of the board shall e accounted 
 for as part of the contingent expenses of the education office. 
 
 V. And be it enacted , That as soon as practicable, there shall be 
 established a normal school, containing one or more elementary model 
 schools for the instruction and practice of teachers of common schools in 
 the science of education and art of teaching, according to such regulations 
 as are hereinbefore provided for, and which shall be approved by the 
 Governor in council, and that a sum not exceeding one thousand five hun¬ 
 dred pounds, be expended by the board of education in procuring and 
 furnishing suitable buildings for the said normal school; that a sum not 
 exceeding one thousand five hundred pounds per annum be allowed for the 
 salaries of teachers and all other contingent expenses of the said school ; 
 and that detailed accounts of the expenditure of all moneys for the 
 establishment and support of the said school shall be annually transmitted 
 to the Governor, through the Superintendent of Schools, to be laid before 
 the legislature. 
 
 VI. And he it enacted , That the council of each district shall have 
 authority to appoint a proper person to be District Superintendent of 
 Common Schools, who shall hold his office during pleasure ; Provided 
 altvays, That in case the council of any district shall neglect or refuse to 
 recommend the appointment of a District Superintendent at any meeting 
 of such council during the present year, or at their first meeting after the 
 occurrence of any vacancy, then it shall be lawful for the Governor to 
 make such appointment. 
 
 VII. And be it enacted , That it shall be lawful for the council of 
 each district, by by-law, to provide for the salary of the District 
 Superintendent. 
 
 VIII. And he it enacted , That the council of each district, on receiving 
 from the District Superintendent of Common Schools, a certified copy of* 
 the apportionment of the legislative grant in aid of common schools in 
 their district for the current year, shall, without delay, cause to be levied 
 such sum of money, for common school purposes, as they shall see fit, 
 and within the limit of their powers of imposing taxes, and at least equal 
 (clear of all charges of collection) to the amount of public moneys 
 apportioned to such district, such sum, within the limit aforesaid, to be 
 increased at the discretion of the said council ; and the sum so to be 
 raised shall be placed on the proper collector’s rolls, and shall be collected 
 by him in like manner as any other tax for such district, but shall be paid 
 over by him to the District Superintendent of Common Schools, within 
 the period fixed by law for the payment of rates collected to the Treasurer 
 in each year. 
 
 IX. And he it enacted , That the council of each district shall cause 
 each township, or parts of adjoining townships, town or city in such 
 district to be divided into a convenient number of sections and parts of 
 sections to be numbered and described ; and which may be altered at the 
 
 Advising with 
 Superintendent. 
 
 Meetings of board, 
 when and where 
 to be held. 
 
 Three members to 
 form a quorum. 
 
 A normal school 
 to be established. 
 
 Salary of teachers 
 in the said school. 
 
 Council of each 
 district may 
 appoint, persona 
 to be District 
 Superintendents. 
 Proviso. 
 
 Salary of District 
 Superintendent to 
 be provided for by 
 by-iaw. 
 
 District Council to 
 cause to be levied, 
 for school purposes 
 a sum of money in 
 each district at 
 least equal to 
 amount of public 
 money apportion¬ 
 ed to such district. 
 
 District Council 
 to divide town 
 ships into school 
 sections. 
 
24 
 
 And may levy 
 sums of money 
 for purchasing 
 school sites, &c. 
 
 Proviso. 
 
 District Council 
 to levy amount to 
 pay for any school 
 house not yet paid 
 for. 
 
 District Superin¬ 
 tendent to give 
 security. 
 
 Duties of District 
 Superintendent. 
 
 To transmit to 
 Clerk of District 
 Council copy of 
 
 apportionment of 
 
 money to be dis¬ 
 tributed in the 
 district. 
 
 To apportion 
 school funds 
 among the school 
 sections according 
 to ratio of children 
 over five and under 
 sixteen. 
 
 To pay to Teacher 
 sum apportioned 
 to bis school 
 section. 
 
 Common School .Amendment Act, 
 
 discretion of the council ; and a copy of the descriptions and numbers of 
 such sections and parts of sections shall be forthwith furnished by the 
 clerk of such council to the Superintendent ot Common Schools for the 
 district. 
 
 X. And be it enacted , That the District Council in each district shall 
 have authority within the limit aforesaid, to cause to be levied any sum 
 or sums of money which may be required for the purchasing ot school 
 sites, and the erection and furnishing of school houses, the procuring ot 
 residences for teachers, and for common school purposes generally, in 
 such district, and upon the inhabitants of the said district generally, or on 
 those of any particular township, school section, or other locality, as the 
 case may require : Provided always, That this shall not be construed 
 to prevent the inhabitants of any school section or township from adopt¬ 
 ing any voluntary means they may deem expedient to purchase, erect, 
 furnish, or repair any school house or residence for the teacher ; Provided, 
 always , that the title to any common school house and the land and 
 premises appurtenant thereto, now vested in trustees or other persons, to 
 and for the use of any common school, or hereafter to be purchased, 
 acquired and conveyed for such use, shall be vested in the District Council 
 of the district in which such school houses and lands are situate, in trust 
 for the use of such schools, respectively. 
 
 XI. And be it enacted , That where, under or by virtue of any act of 
 the legislature of this province for the establishment or maintenance of 
 common schools, any school house shall have been erected which, from 
 any cause whatever, shall not have been paid for to the person or persons 
 entitled to the same, and for which a rate shall not have been assessed 
 upon the school section, (or where such rate shall have been imposed but 
 has not been collected) in which the same was so built, it shall and may 
 be lawful to and for the District Council of the district in which the same 
 is situate, to levy by assessment, a rate upon the inhabitants, of such 
 school section sufficient in amount to pay the 6ame. 
 
 XII And be it enacted , That each District Superintendent, appointed 
 as hereinbefore provided, shall, before he enters upon the duties of his 
 office, enter into bonds with two or more sufficient sureties, to such an 
 amount ar.d in such form as may be required by the council of the district, 
 for the faithful performance of the duties of his office. 
 
 XIII. And be it enacted, That it shall be the duty of each District 
 Superintendent of Common Schools : 
 
 First -—'To transmit to the Clerk of the District Council, to be laid 
 before the council, a certified copy of the apportionment of school money 
 to be distributed in the district, as soon as the notice of the said appor¬ 
 tionment shall have been received from the Superintendent of Schools. 
 
 Secondly _As soon as he shall receive from the District Clerk a notifi¬ 
 
 cation of the amount of money required by the District Council to be 
 raised by tax, to add that amount to the government apportionment, 
 (which two sums added together shall constitute the district school fund 
 for the support of common schools in such district,) and to apportion the 
 said fund among the several school sections entitled to receive the same, 
 according to the ratio of children over five and under sixteen years ot 
 age in such sections respectively, as compared with the whole number ot 
 children of the same ages in each township, town or city, and in the 
 whole district, and to notify the 6ame to the trustees of each school sec¬ 
 tion in the district, so far as they are respectively concerned. 
 
 Thirdly—To pay to any teacher or his agent, on any order or orders 
 of the trustees for the time being, or the majority of them, as herein¬ 
 after provided, any sum or sums of money which have been apportioned 
 to the school or school section in which such teacher may have taught; 
 the payment of which order shall, nevertheless, be subject to the follow¬ 
 ing conditions :— 
 
Common School Amendment Act. 
 
 25 
 
 He shall not pay any parts of the apportionment to any school section 
 from which no sufficient annual report shall have been received for the 
 year ending the last day of December preceding the apportionment. 
 
 Nor shall he pay any part of the apportionment to any school section, 
 or part of a section, unless it shall appear by the said reports that a 
 school has been kept therein for at least six months during the year 
 ending at the date of such report, by a qualified teacher, and that all 
 moneys received from the school fund during the year ending at the date 
 of such report, have been faithfully applied in paying the compensation of 
 such teacher : Provided likewise , that the foregoing condition shall not 
 be exacted of a school section in which a school has been commenced 
 during the preceding year ; such newly formed section being entitled to 
 share in the school fund, provided a school shall have been kept therein 
 three months of the year preceding by a qualified teacher, and a sufficient 
 report furnished. 
 
 Fourthly —To visit all the model and common schools in his district, 
 at least once a-year, and oftener if it shall be deemed necessary, in order 
 to examine into the state and condition of the schools, both as respects 
 the progress of the scholars in learning, and the good order of the 
 schools, and the character and condition of the buildings, and to give 
 such advice both to teachers and trustees, in regard to the interests and 
 management of the schools, as he may judge proper. 
 
 Fifthly —To examine all persons offering themselves as candidates 
 for teaching in common schools, with respect to their moral character, 
 learning and ability ; and if he be satisfied of the candidates’s qualifica¬ 
 tions in these respects, he shall give him a special certificate, authorising 
 him to teach only one year in the school specified, or a general certificate 
 authorising the applicant to teach in any common school in the district 
 until such certificate is revoked : Provided always , That every such 
 teacher shall be subject to re-examination whenever it shall be deemed 
 expedient by the District Superintendent of Schools : Provided also, 
 That no such certificate of qualification shall be granted to any person 
 as a teacher, who shall not at the time of granting it, be a natural born 
 or naturalised subject of her Majesty, her heirs or successors, without a 
 special license in the case of a teacher of any language other than 
 English, to be obtained from the Governor, authorising the person therein 
 named to be employed as a teacher although an alien. 
 
 Sixthly —To annul any certificate given by him, or any of his prede¬ 
 cessors in office, whenever he shall see jnst cause for doing so, assigning 
 his reasons, and giving the teacher holding such certificate, an opportunity, 
 if he should feel himself aggrieved, to appeal to the Superintendent of 
 Schools. 
 
 Seventhly —To prevent the use of all unauthorised foreign school books 
 in the English branches of education, to recommend the use of proper 
 books for schools, and to determine as to the teacher and regulations of 
 model schools, in the manner hereinafter provided. 
 
 Eighthly —To decide upon all questions of dispute, which may arise 
 between any of the parties interested under the operation of this act, 
 and which may be submitted to him by either of the parties concerned : 
 Provided always , That he may, if he shall deem it advisable, refer any 
 such question as may be submitted to him to the Superintendent of 
 Schools ; Provided also , that any aggrieved or dissatisfied party shall 
 have the right of appeal to the Superintendent of Schools. 
 
 JYinthly —To retain in his hands, subject to the order of the Superin¬ 
 tendent of Schools, all moneys which may have been apportioned for his 
 district for the year, and which have not been called on for or expended 
 according to the provisions of this act. 
 
 Tenthly —To act in accordance with the directions of the Superintend¬ 
 ent of Schools, and to make an annual report to him, at such time and in 
 such form as may bo appointed by the said Superintendent of Schools ; and 
 E 
 
 Conditic n. 
 
 Condition. 
 
 To visit model and 
 common schools. 
 
 To examine candi¬ 
 dates for the office 
 of Teacher. 
 
 To annul former 
 certificates to 
 Teachers when he 
 shall see fit. 
 
 To prevent the use 
 of certain books. 
 
 To decide disputes 
 &c. 
 
 Proviso. 
 
 Proviso. 
 
 To retain moneys 
 uncalled for. 
 
 To transmit an 
 annual report to 
 the Superintend¬ 
 ent of Schools. 
 
26 
 
 Common School Amendment Act. 
 
 Proviso. 
 
 Such report to 
 shew : Number of 
 •sections ; 
 
 Number of chil¬ 
 dren ; 
 
 Time during 
 which Schools 
 have been open. 
 
 Moneys received 
 and expended. 
 
 Number of his 
 visits—and of 
 School houses. 
 
 Private Schools in 
 his section. 
 
 School and 
 Public Libraries, 
 &c. 
 
 Who shall be 
 Visitors of 
 Schools. 
 
 Duties of Visitors. 
 
 Attendance at 
 examinations. 
 
 Remarks to 
 Superintendent. 
 
 Visitors may hold 
 a General Meeting 
 for certain pur¬ 
 poses. 
 
 to famish the said Superintendent from time to time with such additional 
 information as he may require : Provided furthermore, That every such 
 annual report of the District Superintendent shall state : 
 
 First —The whole number of school sections, or parts of sections 
 separately set off, within each township, town or city, in his district. 
 
 Secondly —The number of children taught in each of the said sections, 
 or parts of sections, over the age of five and under the age of sixteen 
 years ; and also the number of children residing in each, over the age of 
 five and under sixteen years. 
 
 Thirdly , The length of time a School shall have been kept in each of 
 such sections or parts of sections, by a qualified Teacher, the books used, 
 and the subjects taught, and whether the Trustees have duly reported. 
 
 Fourthly, The amount of moneys which have been received by and 
 collected in each of the said sections and parts of sections—distinguishing 
 the amount apportioned by the Superintendent of Schools, the amount 
 received from the District School Tax, the amounts raised by the Trustees, 
 and the amount from any other and what sources; also how all 6uch moneys 
 have been expended, and whether any and what part remains unexpended, 
 and from what cause or causes. 
 
 Fifthly , The number of his School visits during the year, the whole 
 number of School houses in each Township, Town or city, the number 
 hired, and the number erected during the year, and of what character and 
 by what means. 
 
 Sixthly , So far as he may be able to ascertain the number of private 
 Schools kept in each Township, Town or City in his District, the number 
 of the pupils and the subjects taught therein. 
 
 Seventhly , The number and extent of the School and public libraries in 
 his District, where situate, how established and supported; also any other 
 information which he may possess respecting the educational state, wants 
 and advantages of his District, and any suggestions he may think proper 
 to make with a view to the improvement of the Schools and the diffusion 
 of useful knowledge in such District. 
 
 XIV. And he it enacted, That the visitors of each Township, Town or 
 City, shall be—all clergymen or ministers recognized by law, of whatever 
 denomination, who reside or have pastoral charge in 6uch Township, 
 Town, or City, the Judge of the District Court, the Warden of the Dis¬ 
 trict, and the Councillor or Councillors representing the Township in the 
 Municipal Council of the District,—also all resident Justices of the Peace 
 —but no minister, priest, ecclesiastic, or justice of the peace shall be 
 entitled to visit or inspect any separate School not of his own persuasion, 
 except by the consent of the Trustees of such School. 
 
 XV. And he it enacted, That it shall be lawful for each of the said 
 visitors to visit as far as practicable all the Schools in such Township, 
 Town or City,—especially to attend the quarterly examinations of Schools, 
 and at the time of such visit to examine the progress of the pupils, and 
 the state and management of the School, and to give such advice to the 
 Teacher and pupils as he may deem expedient according to the regula¬ 
 tions and directions for visitors, which shall be prepared by the Super¬ 
 intendent of Schools: It shall also be lawful for such visitors as may be 
 present at any School examination to report the same with any remarks 
 they may think proper, to the District Superintendent, and to make either 
 collectively or individually to the said District Superintendent such other 
 Report or Reports as they may judge expedient, respecting the condition, 
 character and progress of the Schools in such Township, Town or City. 
 
 XVI. And he it enacted , That a general meeting of such visitors may 
 be held at any time or place which may be appointed by the senior Justice 
 of the Peace, or any two visitors, on sufficient notice being given to the 
 
 V 
 
 1 
 
 
 ft 
 
 V 
 
 
 
Common School Amendment Act. 
 
 27 
 
 other visitors in such township, town or city, and that it may be lawful 
 for such visitors thus assembled, to devise such means as they may deem 
 expedient for the efficient visitation of the common schools, and to pro¬ 
 mote the establishment of libraries and the diffusion of useful knowledge 
 in such township, town or city ; it shall also be lawful for any two of 
 such visitors to examine and give a certificate in a form prescribed by the 
 Superintendent of schools, to any candidate for teaching whom they shall 
 judge qualified to teach in a common school : such certificate, however, 
 only authorizing the applicant to teach one year in the school specified. 
 
 XVII. And be it enacted , That whenever any school section shall be 
 formed in any township, town or city, it shall be the duty of the municipal 
 authority to designate some person or persons in such section, to whom 
 the District Superintendent shall communicate the description and number 
 of such section, and which person or persons shall, within twenty days 
 thereafter prepare a notice in writing, describing such section, and appoint¬ 
 ing a time and place for the first school section meeting, and shall cause 
 copies of such notice to be posted in at least three public places in such 
 school section, at least six days before the lime of holding such meeting. 
 
 XVIII. And be it enacted , That after such first school section meeting 
 there shall be a like meeting held in such school section on the second 
 Tuesday of January in each year, at the hour of twelve of the clock at 
 noon, at such place as shall be specified by a majority of the school trustees 
 in such section, who shall cause notices of such annual meeting to be 
 posted in at least three public places in such school section, at least six 
 days before the time of holding such meeting. 
 
 XIX. And be it enacted , That at every such first school section meet¬ 
 ing, and at every such annual school section meeting, the senior Justice 
 of the Peace present, or in default of any Justice of the Peace being 
 present, such other person as shall be appointed by a majority of the land¬ 
 holders and householders of such school section who shall be present at 
 such meeting, shall preside over the proceedings of such meeting, and shall, 
 immediately after such meeting, communicate to the district superin¬ 
 tendent the name or names and address of the person or persons chosen 
 trustee or trustees, and the number of their school section. 
 
 XX. And be it enacted , That should no such first or annual school 
 section meeting be held in consequence of the notice hereinbefore required 
 not having been given, the person or persons whose duty it was to give 
 such notice shall individually forfeit a sum not exceeding two pounds, 
 which shall be recoverable for the school purposes of such section, by 
 prosecution before any justice of the peace, who is hereby authorized on 
 the complaint on oath of any two inhabitants of such section to hear and 
 determine the same and to convict the party and to issue a warrant to 
 levy the penalty by such sale and distress of the offenders goods :—And 
 in such default of holding such meeting, any three resident freeholders 
 shall have authority within twenty days after the time at which such 
 meeting should have been held, to call such meeting by giving six 
 days notice, to be posted in at least three public places in such sehool 
 section. 
 
 XXI. And be it enacted , That at the first school section meeting which 
 shall be held in a newly formed section, the landholders and householders 
 thereat shall elect three trustees, who shall continue in office until the 
 ;next ensuing annual school meeting of such section. 
 
 XXII. And be it enacted , That at the first annual school meeting held 
 in any school section after the passing of this Act, the persons qualified 
 to vote thereat shall elect, by a majority of votes, three trustees who 
 shall be numbered, one, two, three ; (the order to be determined by lot), 
 the first of whom shall continue in office one year, the second two years, 
 the third three years, at the end of which periods they shall respectively 
 be replaced by others ; and that at each succeeding annual school 
 meeting of such section, the persons present qualified to vote shall 
 
 Certificates-to 
 
 'teachers. 
 
 District Superin¬ 
 tendent may, ok 
 some person being 
 designated by the 
 Municipal author¬ 
 ity, cause such 
 person to give no¬ 
 tice of first school 
 section meeting. 
 
 Another such 
 meeting to be held 
 in January in 
 every year—and 
 notice thereof to 
 be given. 
 
 Who shall preside 
 at every school 
 section meeting. 
 
 Penalty against 
 persons who shall 
 not.have given 
 notice of first or 
 annual school 
 section meeting, 
 £ 2 . 
 
 Trustees to be 
 elected at first 
 school section 
 meeting. 
 
 And at first and 
 subsequent annual 
 school meetings. 
 
28 
 
 Common School Amendment Act. 
 
 Penalty on any 
 person refusing to 
 serve as Trustee, 
 £ 5 . 
 
 Vacancies how 
 filled. 
 
 No Trustee to be 
 re-elected without 
 his consent during 
 a certain time. 
 
 Trustees to be a 
 Corporation. 
 
 Corporate powers. 
 
 Corporation not to 
 cease in certain 
 cases. 
 
 Duties of trustees. 
 
 To appoint a 
 
 secretary-trea-; 
 
 surer. 
 
 His duties. 
 
 And a collector. 
 His duties. 
 
 To take and hold 
 property for com¬ 
 mon school 
 purposes. 
 
 elect one trustee, who shall continue in office three years, and until a 
 successor is elected ; provided that any trustee, if willing, may be re¬ 
 elected. 
 
 XXIII. And be it enacted, That if any person chosen as a trustee shall 
 refuse to serve, he shall forfeit a sum not exceeding five pounds, which 
 sum shall be collected and applied in the same manner as other fines 
 imposesd by this Act; and if one or more vacancies shall occur among the 
 trustees, by reason or refusal to serve, permanent absence from the 
 school section, death or incapacity from sickness, such vacancy or 
 vacancies shall be filled up by the electors of such school section at a 
 meeting to be called for that purpose by the surviving trustee or trustees ; 
 and in case of there being no surviving trustee, the district council of the 
 district shall fill up the vacancies, and the person or persons who shall be 
 appointed to fill up a vacancy or vacancies shall continue in office during 
 the period for which the person or persons whom he or they shall succeed 
 would have been required to serve. 
 
 XXIV. And be it enacted, That no school trustee shall be re-elected 
 except by his own consent during the four years next after his going out 
 of office. 
 
 XXV. And be it enacted , That the school trustees in each school 
 
 section, shall be a Corporation, under the name of “ the school trustees of 
 section number in the township, (town or city), of 
 
 in the district,” —and shall have 
 
 perpetual succession, and a common seal, and may sue and be sued, and 
 shall generally have the same powers which any other body politic or 
 corporate has with regard to the purposes for which it is constituted ; but 
 they shall not at any time hold real property. 
 
 XXVI. And be it enacted, That no such Corporation shall cease by 
 reason of the want of school trustees, but in such case the powers of the 
 Corporation as regards the possession of any personal property shall 
 become vested in the district superintendent, in trust, until it shall be 
 otherwise provided by law, and the school house, lands or other real pro¬ 
 perty, belonging to the common school or common schools, in any section 
 under any law or by any title whatsoever, is hereby vested in the district 
 council for the several common schools and in trust for such schools 
 respectively. 
 
 XXVII. And be it enacted, That it shall be the duty of the trustees of 
 each school section : 
 
 First, To appoint one of themselves secretary-treasurer, who shall 
 keep a minute of their proceedings in a book kept for that purpose,—shall 
 receive the moneys collected by rate-bill or subscription from the 
 inhabitants of the school section,—and shall be responsible for such 
 moneys to his colleagues, and shall pay them to the teacher after defraying 
 the expense of collection, in such manner as may be directed by the 
 majority of the trustees. 
 
 Secondly, To appoint a collector if they shall think it expedient, to 
 collect the sums which they have imposed upon the inhabitants of their 
 school section or which the said inhabitants may have subscribed, and to 
 pay such collector not to exceed at the rate of five per cent, for his trouble 
 in collecting ; and every collector shall give such security as may be 
 satisfactory to the trustees, and shall have the same power in collecting 
 the school rate, or subscription, and proceed in the same manner and be 
 subject to the same liabilities in the discharge of his duty as is or may bo 
 by law provided in respect of collectors of the district rates and 
 assessments. 
 
 Thirdly , To take possession of all common school property, which 
 may have been acquired or given for common school purposes in such 
 section, and to acquire and hold for the corporation by any title whatso¬ 
 ever, all personal property, moneys or income for common school pur- 
 
29 
 
 
 y 
 
 % 
 
 # 
 
 \ 
 
 Common School Amendment Act . 
 
 poses, until the power hereby given shall be taken away or modified by 
 law, and to apply the same according to the terms of acquiring or receiving 
 them. 
 
 Fourthly , To do whatever may be expedient with regard to building, 
 repairing, renting, renewing, warming or keeping in order the school 
 house and its appendages, lands, fences and moveable property which 
 shall be held by them : Provided that no rate shall be levied for the 
 building of a school house in any school section otherwise than under a 
 by-law of the district council, but such by-law may be made by the district 
 council at any meeting thereof, and the rate may be forthwith placed on 
 the collector’s rolls by the clerk of the peace, and collected by the col¬ 
 lector ; anything in any Act passed during the present session, or at any 
 previous time, and lirnting the period at which by-laws, imposing taxes, 
 are to be passed in any year to the contrary notwithstanding. 
 
 Fifthly , To cause in their discretion to be levied by rate-bill, in the 
 manner hereinafter provided by this Act, or by voluntary subscriptions 
 any additional sum that may be necessary, to pay the salary of the teacher 
 and the incidental expenses df the school, such as repairing, furnishing 
 and keeping the school house in order, and in case there be no school 
 house, providing a suitable place for the school, providing fuel in a state 
 fit for use in the school house selected, and all things necessary for the 
 comfort of the pupils ; an dbefore such trustees, or any one on their be¬ 
 half shall be entitled to receive from the district superintendent their share 
 of the common school fund, they shall furnish him with a declaration 
 from the secretary-treasurer, that he has actually, and bona fide received 
 and has in his possession for the payment of the teacher, or has paid such 
 teacher a sum sufficient with such allowance from the common school 
 fund for the purposes aforesaid. 
 
 Sixthly. To prepare and determine a rate-bill quarterly, containing the 
 name of every person liable to pay for the instruction of children sent by 
 him to such schools, and the amount for which he is liable, and by them¬ 
 selves or any one of them, or by their collector, to collect from every 
 person named in such rate-bill the amount therein charged against him, 
 and in case they employ a collector, five per centum on such amount for 
 the cost of collection, and to pay the amount so collected to the teacher 
 or teachers entitled to receive the same ; Provided that every person 
 sending a child or children to any common school, shall be rated for a 
 period of not less than two-thirds of the current quarter. 
 
 Seventhly , To exempt wholly or in part from the payment of the rate- 
 bill such indigent persons within their school section as they shall think 
 proper ; and in default of payment by any person rated, to levy the 
 amount by distress, and sale of the goods and chattels of the person or 
 persons making default ; and in case such person or persons reside 
 without the school section, and have no goods or chattels within it, at the 
 time of making such collection, to sue and recover by their name of 
 office, the amount from such person or persons ; and for the collection 
 of such rate, the collector appointed by the trustees shall have, within 
 their school section, the same powers as the collector of any district 
 rates. 
 
 Eighthly , To ascertain the number of children residing in their school 
 section, over the age of five and under sixteen years, and to allow them, 
 without exception, to attend the common school, so long as their conduct 
 shall be agreeable to the rulers of such school. 
 
 JYinthly, To appoint and engage, from time to time, a teacher duly 
 qualified to teach in the school under their control, according to the 
 provisions of this Act; and to give such teacher the necessary orders upon 
 the district superintendent for the portion of the school fund, to which 
 their school section may be entitled. 
 
 To build, repair, 
 &c. school hous *s, 
 &c. 
 
 Proviso. 
 
 To levy by rate- 
 bill a certain 
 additional sum. 
 
 Declaration re¬ 
 quired before they 
 shall receive 
 school monies. 
 
 To fix rale-bill per 
 quarter, &c. 
 
 To exempt indi¬ 
 gent persons from 
 payment of rate 
 
 To ascertain num¬ 
 ber of children in 
 school sections. 
 
 To engage 
 teachers. 
 
30 
 
 To select Looks. 
 
 To make a report 
 to district super¬ 
 intendent. 
 
 What such report 
 shall shew. 
 
 Time during 
 which the school 
 Las been kept. 
 
 Accounts. 
 
 Number of 
 •children taught. 
 
 What is taught in 
 the school. 
 
 Duties of teachers 
 of common 
 schools. 
 
 To teach. 
 
 To keep registers. 
 
 To hold examina¬ 
 tions. 
 
 To act as secre¬ 
 tary to the school 
 trustees. 
 
 Proviso. 
 
 •Proviso. 
 
 Sum distributed 
 for encouragement 
 •ofcommon schools 
 to be payable on 
 Jst August, in 
 each year. 
 
 No foreign books 
 to be used in 
 {schools without 
 permission. 
 
 'Children not to bo 
 required to use 
 religious books 
 -objected to by 
 •their parents. 
 
 Common School Amendment Act. 
 
 Tenthly, To select from a list of books, made out by the board of 
 education, under the sanction of the Governor in Council, as hereinbefore 
 provided, the books which shall be used in the school. 
 
 Eleventhly , To see that the school is conducted according to the regu¬ 
 lations herein provided for ; and to prepare and transmit annually on or 
 before the second Tuesday of January, a report to the district superin¬ 
 tendent, which report shall be signed by a majority of the trustees, and 
 made according to a form which shall be provided by the superintendent of 
 schools, and shall specify : 
 
 1 st, The whole time a school has been kept by a qualified teacher or 
 teachers in their section during the year ending the thirty-first day of the 
 previous December, the day before that on which the report shall be dated, 
 except when the year commences on a Sunday, in which case the report 
 shall be dated on the second day of January in the year in which it shall 
 be transmitted. 
 
 SLndly , The amount of moneys received from the district superintend¬ 
 ent, and the amount of moneys received from other sources, distinguish¬ 
 ing the same ; and the manner in which all such moneys have been ex¬ 
 pended. 
 
 3 rdly, The number of children taught in the section school during the 
 year, and the number of children residing in the section, over the age of 
 five years and under the age of sixteen. 
 
 4 thly, The branches taught in the school : the number of pupils in 
 each ; and the text books used. 
 
 XXVIII. And he it enacted , That it shall be the duty of every teacher 
 of a common school— 
 
 1st, To teach, diligently and faithfully, all the branches required to be 
 taught in the school, according to the terms of his engagement with the 
 trustees, and according to the provisions of this Act. 
 
 Zndly, To keep the daily, weekly and quarterly registers of the school, 
 and to maintain proper order and discipline therein, according to the 
 regulations and forms which shall be prepared by the superintendent of 
 schools. 
 
 3 rdly, To have, at the end of each quarter, a public examination of his 
 school, of which he shall give notice, through the children, to their parents 
 and guardians, and shall also give due notice to the trustees and any 
 school visitors who may reside in or adjacent to such school section. 
 
 4 tlily, To act as the secretary to the trustees, if they shall require it, in 
 preparing their annual report : Provided always , That he is a teacher in 
 such school at the time of preparing such report as is required by this Act: 
 Provided likewise , That the district superintendent shall have authority 
 to withhold from any school section the remainder of the share of the 
 common school fund which has been apportioned to such section, and 
 which shall be in his hands on the first day of December of each year, 
 until he receives from the trustees of such section their annual report, 
 required by law for such year. 
 
 XXIX. And he it enacted , That the sum of money annually distributed 
 for the encouragement of common schools in Upper Canada, shall be pay¬ 
 able on the first cay of August in each year, by warrants to the super¬ 
 intendents of common schools of the several districts in Upper Canada 
 aforesaid. 
 
 XXX. And he it enacted , That no foreign books in the English branches 
 of education shall be used in any model or common school, except by the 
 express permission of the Board of Education. 
 
 XXXI. And he it enacted , That in any model or common school 
 established under this Act, no child shall be required to read or study in 
 or from any religious book, or to join in any exercise of devotion or reli¬ 
 gion which shall be objected to by his or her parents or guardians. 
 
31 
 
 Common School Amendment Act. 
 
 XXXII. And be it enacted, That, in all cases wherein the teacher of any Separate school, 
 common school shall happen to be a Roman Catholic, the Protestant in- noayberstab- 
 habitants of the section to which such school belongs shall be entitled to li8, ' ed f °,jE rolC8 ’ 
 have a school with a Protestant teacher, upon the application of ten or Catholic* inany* 
 more resident landholders or householders of any such school section, or locaIi, y- 
 within the limits assigned to any town or city school ; and in like manner 
 when the teacher of any such school shall happen to be a Protestant, the 
 Roman Catholic inhabitants shall have a separate school, with a teacher 
 of their own religious persuasion, upon alike application. 
 
 XXXIII. And be it enacted , That such applications shall be made in Conditions and 
 writing, signed with the name of each landholder or householder, and mode of 'wtabiwh- 
 addressed and transmitted to the district superintendent , and such appli- SoTs 8e,mral * 
 cation sha.IL contain the names of three trustees who shall be the tiustees 
 of such separate school ; and upon the compliance of such trustees with 
 the requirements of this Act, such school shall be entitled to receive its 
 share of the public appropriation, according to the number of children of 
 the religious class or persuasion who shall attend such separate school 
 and from any common school district : which share shall be determined by 
 the district superintendent ; and such separate schools shall be subject to 
 the visitations, conditions, rules and obligations provided in this Act, with 
 reference to other common schools. 
 
 XXXIV. And be it enacted , That it shall be lawful for the council of Model schools 
 any district in Upper Canada, if they deem it proper to do so, to raise and ma y he wabiidi- 
 levy by district rate, a sum not exceeding in any one year two hundred ed ,n the dl8tncl - 
 pounds, and to appropriate and expend the same for the maintenance of 
 one or more district model schools within such district, appointing at 
 least three trustees of each such model school ; Provided always , That Proviso, 
 by such by-law or by-laws there shall be appropriated from the district 
 rates for the payment of teachers and the purchase of books and apparatus 
 and other necessary expenses for each model school, a sum not less than 
 forty pounds yearly. 
 
 XXXV. And be it enacted , That whenever it shall appear to the satis- Allowance to be 
 faction of the Governor, that any district council has thus appropriated 
 and expended in any year for the payment of a teacher or teachers, and ’ 
 
 the purchase of books and apparatus for such district model school or 
 schools, a sum of not less than forty pounds, it shall be lawful for the 
 Governor to issue his warrant to the Receiver General, directing him to 
 pay to the district superintendent of such district, as a further aid towards 
 the support of such school or schools during such year, a sum equal to one 
 half of the amount so raised and expended ; Provided always , That Proviso, 
 there be not thus granted in any year, for the support of such schools in Amount of aiiow- 
 any one district, a larger sum than fifty pounds, and also that the whole ance limited, 
 amount thus to be granted in any one year, for the support of district 
 model schools in Upper Canada, do not exceed live hundred pounds. 
 
 XXXVI. And be it enacted , That the superintendent of schools, before Such gum to be 
 making the yearly apportionment of the grant in aid of common schools paid outofthe 
 as hereinbefore provided, shall deduct from the same the aggregate of all fu^ mon 8ch ° o1 
 amounts thus advanced for the support of the normal schools and district 
 model schools during the preceding year : and he shall also deduct, if he 
 shall deem it expedient, a sum not exceeding two hundred pounds per 
 annum, in aid of common schools in new townships not yet represented 
 in any district council. 
 
 XXXVII. And be it enacted , That all monies to be thus granted in aid How such sums 
 of district model schools, shall be expended by the district superintendent and accounted for! 
 receiving the same, or by his successor in office, in the payment of 
 teachers and the purchase of books and apparatus and other necessary 
 expenses for such schools exclusively, and within the year for which the 
 same shall have been granted, and he shall account for the expenditure or 
 non-expenditure of such moneys in the same manner as he is required to 
 account for all other school moneys which may come into his hands. 
 
32 
 
 Powers of district 
 superintendents ns 
 to teachers for 
 model schools. 
 
 Teachers to bo 
 examined by prin¬ 
 cipal of normal 
 school when 
 established. 
 
 Teachers to be 
 instructed gratuit¬ 
 ously in model 
 schools. 
 
 Teachers to be 
 divided into three 
 classes. 
 
 District Council 
 may authorize 
 establishment of a 
 male and female 
 school in any 
 section. 
 
 Toronto and 
 Kingston to be 
 municipal districts 
 for purposes of 
 this Act. 
 
 Interpretation 
 
 clause. 
 
 When this Act 
 shall come in 
 force. 
 
 Sic. 
 
 7 Viet. c. 29, 
 repealed. 
 
 Common School Amendment Act. 
 
 XXXVJII. And be it enacted, That/it shall not be competent for the 
 trustees of any district model school constituted as aforesaid, to appoint 
 any person to be teacher in the same, unless with a special approval in 
 writing by the district superintendent of their selection of such person as 
 a teacher, and also of the terms of their engagement with him ; nor yet 
 to make nny arrangement for the internal administration of such schools, 
 unless in like mariner approved by the district superintendent ; and the 
 said district superintendent shall have power to suspend or dismiss any 
 such teacher if he shall consider it necessary to do so, and to appoint any 
 person to be a teacher to any vacancy which the trustees may refuse or 
 neglect to fill up within thirty days afier he shall have notified them of 
 the same ; and also, to make and enforce any regulations he may see fit 
 to make for the administration of such schools. 
 
 XXXIX. And be it enacted , That whenever a normal school shall be 
 in operation in Upper Canada, no person shall be appointed to be a 
 principal teacher in any district model school, who shall not have produced 
 to the district superintendent a certificate of qualification and ability, 
 signed by the principal or head master of such normal school. 
 
 XL. And be it enacted , That at every such district model school, 
 gratuitous instruction shall be afforded to all teachers of common schools 
 within the district in which such model school may be established, during 
 such period and under such regulations as the district superintendent may 
 from time to time direct. 
 
 XLI. And be it enacted, That the teachers who shall receive certificates 
 of qualification under this Act, shall be arranged in three classes, accord¬ 
 ing to their attainments and ability, in such manner as shall be prescribed 
 by the superintendent of schools, with the concurrence of the board of 
 education, and the sanction of the Governor in Council. 
 
 XLII. And be it enacted, That it shall be lawful for any district Council 
 to authorize the establishment of both a female and male school in any 
 school section, each of which shall be subject to the same regulations ana 
 obligations as common schools generally. 
 
 XLIII. And be it enacted , That the Corporate city of Toronto and 
 town of Kingston, shall be considered each a municipal district for all the 
 purposes of this Act ; and the Corporation of each of the said city and 
 town, shall have all the authority and be subject to all the obligations 
 within the limits of each of the said city and town, respectively, which 
 are conferred and imposed by this Act upon each council of a district, 
 
 XLIV. And be it enacted , That the word ‘‘Governor” whenever it 
 occurs in this Act shall include the Governor or any person administering 
 the Government of this Province ; and the word “ teacher” shall include 
 female as well as male teachers, except when applied to the teacher of a 
 normal or model shool, in which case it shall apply to a male teacher only, 
 and that the words ‘‘Upper Canada” whenever they occur in this Act 
 shall mean all that part of this Province, which formerly constituted the 
 Province of Upper Canada. 
 
 XLV. And be it enacted, That this section and the first ten sections of 
 this Act, shall have force and effect immediately after the passing there¬ 
 fore, any thing contained in any previous Act to the contrary notwith¬ 
 standing ; and the remaining sections of this Act, from the eleventh to 
 the forty-fourth inclusive, shall have force and effect upon, from and after 
 the first day of January, one thousand eight hundred and forty-seven, and 
 not before ; and upon, from and after the said day, the Act passed in the 
 seventh year of Her Majesty’s Reign, and intituled, An Act for the 
 establishment and maintenance of common schools in Upper Canada, shall 
 be repealed, excepting in so far as the same repeals any former Act or any 
 part thereof; Provided always , That all penalties] incurred under the 
 said Act, shall be collected in the same manner, upon and after the first 
 
33 
 
 Criminal Justice Expenses Act. 
 
 day of January, one thousand eight hundred and forty-seven, as if the 
 said Act were in force: Provided also , That all monies which shall remain 
 in the hands of township, town or city superintendents of schools on the 
 first day of January, one thousand eight hundred and forty-seven, shall 
 immediately thereafter be paid over to the district superintendents, to be 
 retained and disposed of by them as other moneys remaining in their 
 hands at the end of the year : Provided likewise , That all those divisions 
 of townships, towns or cities which in the said Act are called “school 
 districts,” shall upon and after the said first of January, one thousand 
 eight hundred and forty-seven, be called school sections, and be so 
 considered for all the purposes of this Act, until altered in the manner 
 hereby provided. 
 
 Proviso. 
 
 Proviso.