Proviso: the Board to tously. School monies under the di rection of the Board. provided further that the Chairman and members of such Boards of Trustees shall perform their duties as such gratuitously. III. And be it enacted, That all the monies which may be raised in such City or to be expended Town by assessment or rate bill, or which may be granted to such City or Town for Common School purposes, shall be paid into the hands of the Chamberlain or Treasurer of the Corporation or Board of Police of such City or Town, and shall be expended under the direction of the Board appointed as aforesaid, by cheque or order This shall not signed by the Chairman of the said Board, on such Chamberlain or Treasurer; Provided always that nothing herein contained shall extend or be construed to extend to monies so raised or granted for Common School purposes during the current year. extend to mo nies raised or granted during 1847. School pro perty vested in Proviso as to sales. every IV. And be it enacted, that all the lands, houses, tenements and property of The Trustees. description, which have heretofore been acquired or rented for Common School purposes, and which have been vested in the hands of Trustees in any City or Town aforesaid, shall, after the passing of this Act, be vested in the Corporation of such City or the Board of Police of such Town, to be employed or disposed of as such Board of Trustees, appointed as aforesaid, shall judge expedient for the interests of Common Schools in the said City or Town: Provided always, that no lands, house, houses or other Common School property shall be sold by said Board without the express sancAnd proceeds tion of the said Corporation or Board of Police: Provided also, that the proceeds of the sales of such lands, house, houses or other Common School property shall be applied to Common School purposes in the City or Town in which such property is situated, and provided also that all lands, houses, tenements and property of every description now vested in the District Council of any District for the purposes of a model School within any such City or incorporated Town shall remain vested in such District Council. of sales. Proviso: pro perty for the purposes of model Schoole ed in the Dis to remain vest trict Council. Duties of the Possession and management perty. V. And be it enacted, That it shall be the duty of the Board of Trustees for such City or Town, appointed as aforesaid: First,-To take possession of all Common School property which may have been of School Pro- acquired or given for Common School purposes in such City or Town, by any title whatsoever, and which may be vested in the Corporation of such City or the Board of Police of such Town under the provisions of this Act, and to manage for the Corporation or Board of Police, all property, monies or income acquired for Common School purposes, 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. Keeping pro perty in repair. Determine the Secondly,-To do whatever may be expedient with regard to building, repairing, renting, renewing or keeping in order the school house or school houses, and its or their appendages, lands, fences and moveable property, which shall be held in trust by the said Board out of whatever funds may be provided for such purpose by the Corporation or Board of Police of such City or Town. Thirdly, To determine the number, sites and description of Schools which shall be established and maintained in such City and Town aforesaid, and whether such school or schools shall be denominational or mixed; the teacher or teachers who shall be employed, the terms of employing them, the amount of their remuneration and the duties which they are to perform; to prepare from time to time, and lay before the Corporation Corporation of such City or Town, an estimate of the sum or sums which they may deem expedient for paying the salaries of school teachers, for furnishing the school or schools under their charge with suitable apparatus and books, and for repairing and warming and keeping in order the school house or school houses in their possession. Fourthly,-To appoint and remove at pleasure, prescribe the duties, and fix the compensation of a Superintendent of Common Schools in each City or Town aforesaid; which Superintendent shall be subject to the obligations which are imposed by law on District Superintendents of Common Schools, as far as is consistent with the provisions of this Act. Appointing and removing ent of Schools. Superintend Committee of School. Filling vacan Fifthly,-To appoint, from time to time, for the special management of the affairs Appointing of each school within such City or Town, and under such rules and regulations as they Management may deem necessary, a Committee of not more than three persons for each school, for each who shall hold office for one year at a time, but may be re-appointed at the pleasure of the Board of Trustees; and which Board of Trustees shall also have authority to fill up any vacancy or vacancies which may occur in such Committee or Committees, from death, removal or otherwise: Provided always, that in denominational schools, the persons composing such Committee shall be of the religious persuasion to which such schools belong. cies therein. Proviso as to tional Schools. Proviso Sixthly,-To exercise in general all the powers, and be subject to all the obligations General with which Trustees of Common Schools, generally, are invested, and to which they are subjected according to law, as far as is consistent with the provisions of this Act: Provided also, that their annual School Reports shall be made to the Superintendent of Schools for Upper Canada; and they shall likewise account each year, and oftener if required, to the Council or Board of Police of each incorporated City or Town appointing them, for the expenditure of all monies placed at their disposal. as to reports and accounts. Teachers. VI. And be it enacted, That the teachers employed by any such Board, shall be Obligations of subject to the obligations which are imposed by law upon Common School teachers generally. VII. And be it enacted, That the Members of the Council of each City, and of the Board of Police of each incorporated Town in Upper Canada, and all Clergymen or Ministers recognized by law, of whatever denomination, who shall reside or have pastoral charge in each City and incorporated Town, and no others, shall be Visitors of Common Schools in such City or Town, and shall have authority to perform all the duties imposed by law upon Visitors of Common Schools in Upper Canada, except in the case of denominational schools, which shall be visited by no other clergymen or ministers than such clergymen or ministers as are of the religious denomination to which such schools belong, unless by the consent of such last mentioned clergymen or ministers. who shall be visitors of Schools in Common any City or Town corpo rate. And of Deno minational Schools. thorities may for School VIII. And be it enacted, That it may and shall be lawful for the Council of any Municipal auCity, and the Board of Police of any incorporated Town, and the Municipal Council impose taxes of any District in Upper Canada, to impose, from time to time, such assessment upon the inhabitants, of all or any School Districts, Sections or Divisions within their re- any amount spective jurisdictions, over and above the assessment which they are now authorized they may think by law to impose, as such Council, Board of Police or Municipal Council shall judge purposes to proper. expedient, District Super- appointed pro tem. Notice to be given. Mayor of Toronto to be a Education expedient, for the purchasing or procuring school sites, the erecting, repairing, renting or furnishing of school houses, the payment of teachers, and for Common School purposes generally; any thing contained in any law or statute to the contrary notwithstanding. IX. And be it enacted, That in case of any violation or neglect of duty on the part of any District Superintendent of Common Schools, the Governor in Council shall have authority to remove him from office and appoint another person in his place, until the next meeting of the Municipal Council by which such District Superintendent may have been appointed; and a copy of the order making such removal, and specifying the causes of it shall be transmitted to the Clerk of the Municipal Council by whom such Superintendent had been appointed, to be laid before such Council. X. And be it enacted, That the Mayor for the City of Toronto shall be, ex officio, member of the Member of the Board of Education for Upper Canada; anything contained in the Act, passed in the ninth year of Her Majesty's Reign, and intituled, An Act for the better establishment and maintenance of Common Schools in Upper Canada, to the contrary notwithstanding. Board of U.C. ex officio. 9 Vict. c. 20. Interpretation clause. XI. And be it enacted, That the words "Upper Canada" wherever they occur in this Act, shall mean all that part of this Province called Upper Canada, MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats, Law Printer to the Queen's Most Excellent Majesty. An Act to amend, explain and continue an Act passed in the Seventh year of the Reign of Her Majesty, intituled "An Act to prevent Obstructions in Rivers and Rivulets in Upper Canada" WH [ 28th July, 1847. ] cited. Penalty on persons ob structing rivers or rivulets in U. C. HEREAS doubts have arisen as to the true construction and meaning of an Preamble, Act past in the seventh year of the Reign of Her Majesty, intituled, An Act 7 Vict. c. 36 to prevent Obstructions in Rivers and Rivulets in Upper Canada, and it is necessary that the meaning and intent of the said recited Act, should be declared, and that the same should be amended and continued: 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 under the authority of an Act passed in the Parliament 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 any person who shall throw into any river, rivulet or watercourse, or any owner or occupier of a mill who shall suffer or permit to be thrown, in that part of this Province heretofore known as Upper Canada, any slabs, bark, waste stuff or other refuse of any saw-mill (except saw dust) or any stumps, roots, shrubs, tan-bark or waste wood, timber, or leached ashes,-or any person or persons who shall fell, or cause to be felled, in or across any such river, rivulet or watercourse, any timber or growing or standing tree or trees, and shall allow the same to remain in or across such river, rivulet or watercourse, shall thereby incur a penalty not exceeding five pounds and not less than one shilling for each day during which such obstruction shall remain in, over, or across such river, rivulet, or watercourse, over and above all damages which shall arise therefrom; and that such penalty and damages shall and may be respectively recovered with costs, in a summary way, before any one or more of the Justices of the Peace for the District, in the manner provided by the Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act for consolidating and amending the Laws in this Province relative to malicious injuries to property; Provided always that nothing herein contained Proviso: shall extend or be construed to extend to any dam, weir or bridge erected in or over tend to dams, any such River, Rivulet or watercourse or to any thing done bona fide in the erection weirs or bridor for the purpose of the erection of any such dam, weir or bridge, or to any tree cut used as briddown or felled across any such River, Rivulet or watercourse for the purpose of being ges. used as a means of passage from one side of any such River, Rivulet or watercourse to To be recoverable in the manner pro vided by 4 and 5 Vict. c. 26. -Act not to ex ges, or trees tree does not obstruct the water or the passage of Rafts, &c. Provided such the other: Provided always further, that such tree shall not be suffered to lie across such River, Rivulet or watercourse in such a manner as to impede the flow of water or the passing of rafts in the same; Provided also, that no obstruction happening without the wilful default of, or in the bona fide exercise by any party of his rights, shall occasion to the party any fine or forfeiture unless upon default to remove such obstruction after notice and reasonable time afforded for that Proviso as to obstructions not wilful. Act amended to apply to purpose. II. And be it enacted, That all the provisions of the Act hereby amended, shall penalties under apply to the penalties and the mode of enforcing payment and the appropriation thereof, and to all the proceedings under this Act. this Act. Duration of this Act and of the Act amended. III. And be it enacted, That this Act and the Act hereby amended and explained, shall be and continue and remain in force for the full term of four years from the passing hereof, and thence until the end of the then next Session of the Provincial Parliament and no longer. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, Law Printer to the Queen's Most Excellent Majesty. |