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The Pamphlet Collection of Sir Robert Stout: Volume 47

Public Instruction

Public Instruction.

Chap. 6.—Appeals from the decisions of the Superintendent are only allowed when there is no recourse in the Courts, and where such decision is not declared to be final by the law. In cases between Protestant and Catholic the appeal is to the whole Council, otherwise to the Committee of the same faith as the parties. The Council or Committees make rules of practice with a tariff of fees and publish them in the Journal of Education. The Council or Committee may refer any subject for report to a sub-committee of 3 or more. The Committees, with the approval of the L. G. in C., may alter the meetings of the Boards of Examiners,—the dates settled to be published in the educacation journals; two weeks notice of application for alterations in school municipalities must be given in the education Journals and Official Gazette, and of the alterations when made in the Official Gazette. Incorporated towns or villages need not be divided into school districts. If divided, the Comrs. or trustees may cancel the division. The School Inspectors are ex officio visitors of schools in their divisions and may, by direction of; the Superintendent, meet and report upon others. The Superintendent, or, on his appointment, the Secretaries, the editor or Le Journal, &c., and inspectors may hold investigations into school matters with all authority which would be vested in them if appointed by the L. G. in C. under the Act (32 V., c. 8) respect- page 103 ing inquiries concerning public matters. Saturday is a statutory holiday in schools unless altered by by-law of the Comrs. or Trustees, approved by the superintendent A new form of engagements is provided, the old being valid till their term expires. The examiners of the polytechnic school are to be appointed by the Superintendent under the authority of the L. G. in C. not on the report of the Comrs. of that school. Meetings of School Comrs. may be called upon order of the chairman by the Secy-Treas He must call one upon demand of 2 Comrs. under a penalty of $5. The meetings are not public; the Comrs. may admit only those whose presence they deem necessary. Taxes for school houses are to be levied on the district or the whole municipality according to the practice heretofore obtaining therein. If the former, and a model school be required, the district is to pay what a common school would cost and the balance is levied in the whole municipality, including such district. These taxes are to be levied after the usual notices. Comrs. or Trustees, with leave of the Superintendent, may erect more than 1 school house in a district When districts have not been formed, they may, with the leave of the Superintendent and Committee spend $3,000, in increasing school accommodation and improving houses and grounds, raising the funds by special tax. With a like approval and under rules to be made, they may spend $1,000 per an. more than heretofore authorized in aid of superior schools, model schools and academies. Where there is no division into districts graded schools may be established upon like authority. In case of a difficulty respecting the school accounts between the Comrs. or Trustees and Secretary-Treasurer, or on a written application from 5 contributors to school funds, the superintendent may order the accounts and vouchers to be transmitted or laid before him, or may go or send a delegate to the spot to hear the parties and examine the books and documents. His decision has the effect of a judgment upon arbitration. The Comrs. or Trustees may appoint auditors to examine the books of the Secry.-Treas., the chairman giving the latter notice when his accounts are to be examined. He is to be served with notice of the auditors report after it has been received and approved by the Comrs. and must pay over any balance due in 15 days. If he contests such report the case is referred to the superintendent, who examines himself or sends a school Inspector to do so. His judgment thereupon is final, and may be executed by the courts. But the parties may proceed against the Secy.-Treas. under 40 v., c. 22 if they prefer it. if a Secy-Treas. accounts have been rendered but not admitted—he may serve notice on the Comrs. to have an auditor appointed. If they do not appoint he may carry the case before the superintendent. The Secy.-Treas. may be sued by the superintendent if the Comrs. or Trustees fail to take proceedings, for moneys remaining in his hands. The costs of any special investigation by an inspector, as well as other costs in these cases, are settled by the judgment of the superintendent. Access to the accounts of the Comrs. or Trustees is to be granted to contributors to school funds under rules framed by the former, or in their default by the superintendent. Where by division into new an old school municipality ceases to exist—an Inspector is appointed to examine the accounts, after notice to those interested, and report to the superintendent. He may authorize one of the new municipalities to collect the rates and pay the liabilities of the old. Any balance to be divided between, or any deficit to be made good by the new corporations in proportion to their last valuation. Books and other school apparatus and appliances may be sold out of the depository to municipalities, schools, or educational establishments, teachers, clergymen or booksellers. The Comrs. or Trustees procure them on requisition and must supply them free to their schools, making their rates sufficient to pay for them. When a school municipality is merged in another the latter is entitled to all its property, &c., saving rights to compensation to be settled by the Comrs. or Superintendent. When the dissentient body becomes the majority the organizations are to be changed accordingly. The property of every educational establishment not receiving aid from the municipality is free from municipal taxation for schools. Unless where otherwise specially provided by statute, the monthly contributions form part of the assessments and maybe recovered in like manner. If they have been payable in wood or grain the Comrs. fix their cash value and proceed for that amount. The annual election of Comrs. or Trustees must finish at 5 p.m. of the day on which it begins. When the Superintendent is absent or ill he may delegate his duties to one of the Secretaries.