I ^(UJNSOLJirAl mNHOLlirATED FOR OFFICE USE 37 4 i THE SCHOOL ACT SCHOOL ASSESSMENT ACT SCHOOL GRANTS ACT SCHOOL ATTENDANCE ACT FREE TEXT BOOK ACT [Consolidated to and including Amrndmrnff; of 19J8-19) KEGINA J. W. Reid, King's Printer. 1919. W ALBERT R. MANN LIBRARY New York State Colleges OF Agriculture and Home Economics AT Cornell University , . Cornell University Library LA 2537.C39 The school act, school assessment act, 3 1924 012 996 876 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924012996876 Consolidated for Official Purposes, 1919. THE SCHOOL ACT Being Chapter 23 of the Stal^ites of 1915 as amended hy sec- tion 43 of Chapter 43 of the Statutes of 1915, Chapter 24 of the Statutes of 1916, Chapter 18 of the Statutes of 1917, Chapter 32 of the Statutes of 1917 {sess. 2), and ' Chapter 48 of the Statutes of 1918-19. SHORT TITLE. , Short title 1. This Act may be cited as "The School Act." INTERPRETATION. 2. In this Act except where the context otherwise requires interpretation the expression: 1. "Department" means the department of education; "Department" 2. "Minister" means tht minister of education; "Minister" 3. "Council" means the educational council; "Council" 4. "Inspector" means any school inspector appointed "inspector' under this Act; 5. "District" means a school district erected or constituted "District" as such at the date of the coming into force of this Act, and a school district hereafter erected or constituted under the provisions hereof; 6. "Rural district" means a school district situated wholly''?"''."' .,,,..«.,, . . . ,. district outside the limits oi a village, town or city municipality : Provided that, in case a rural district or portion thereof is included in a village hereafter organized, such district shall for the purposes of this Act be deemed a rural district until the end of the then current calendar year ; 7. "Village district" means a school district situated "tillage ■wholly or in part within the limits of a village: Provided that, in case a village in which is situate in whole or in part a village district is incorporated as a town, such district shall for the purposes of this Act be deemed a village district until the end of the then current calendar year ; 8. "Town district" means a school district situated wholly "T"^",, ■or in part within the limits of a town or city municipality : Provided that, in case any portion of a rural or village district is included within the limits of a town or city munici- pality, such district shall for the purposes of this Act be deemed a rural or village district, as tlie case may' be, until the end of the then current calendar year ; SCHOOLS "Ratepayer" 320623 "Rosideiit ratepayer" "Burgess" "Board" "Teacher" "Owner" "Occupant" "Taxpayer" "Municipality' "Teaching day" "Municipal council" 9. "Ratepayer" means a person of the full age of twenty- one years, who is and has been for a period of two months- the owner or occupant of property within the district assess- able for school- purposes, . and- in est^lished districts where an assessment has been made whose name appears on the- last revised assessment roll for the district ; and includes the wife of such person when residing with her husband and the husband of such person when residing with his wife ; 10. "Resident ratepayer" means a person of the full age of twenty-one years actually residing within the district, who- is and has been for a period of two months the owner or occupant of property therein assessable for school purposes^ and, in established districts where an assessment has been made, whose name appears on the last revised assessment roU for the district; and includes the wife of such person when residing with her husband and the husband of such person when residing with his wife ; 11. "Burgess" means in cities and towns an elector whO' is such in respect of freehold property ; in rural municipalities- and villages, a ratepayer of the school district; 12. "Board" means- the board of trustees of a district; 13. "Teacher" means a person holding a legal certificate of qualification; 14. "Owner" includes a person who by any right, title or estate whatoever is or is entitled to be in posession of land in a district; 15. "Occupant" includes inhabitant occupier of land, or if there be no inhabitant occupier the person entitled to the- possession thereof, a leaseholder or holder under agreement for lease, a holder under agreement for sale and any person- having or enjoying in any way or for any purpose whatsoever, the use of land; 16. "Taxpayer" means a person who is the owner or occupant of lands in respect of which some person is or may be assessed; 17. The expression "municipality" means a rural munici- pality ; 18. "Teaching day" means any day upon which a school is legally open during the hours prescribed by this Act and the regulations of the department and, -shall, not include any Saturday, Sunday or holiday; 19. The expression "municipal council" means the council of a rural municipality. 1915, c. 23, s. 2; 1917, c. 18, s.s. 18a and 18&. DEPARTMENT OP EDUCATION. Organisation 3. There shall be a department of the public service of Sasfcatchewan called the department of education, over which the member of the Executive Council appointed by the Lieu^ SCHOOLS 3 tenant Governor in Council under the seal of the province to discharge the functions of the minister of education for the time being shall. preside. (2) The Lieutenant Governor in Council may appoint a neputy superintendent, deputy minister, registrar and such inspec- "fBcil'r """* tors, officers, clerks and servants as are required for the proper conduct of the business of the department and for the pur- poses of this Act, all of whom shall hold office during pleasure. (3) Subject to the direction of the minister and to the provisions of any Act or regulation, the superintendent of education shall have the general supervision and direction of high schools and collegiate institutes, model schools, public and separate schools, training schools for teachers, the grant- ing of teachers' certificates, technical schools, departmental examinations, teachers' institutes, teachers' reading courses, school libraries and the inspectors of any such schools; and shall make such recommendations to the minister as he deems advisable with respect to any matter arising out of such supervision and direction. 4. The department shall have the control and management Functions of all kindergarten schools, public and separate schools, normal schools, model schools, teachers' institutes and the education of deaf, deaf mute and blind persons. 5. The minister shall have the administration, control and Administration management of the department and shall oversee and direct the officers, clerks and servants thereof. Regulations of the Department. 6. The minister with the approval of the Lieutenant Governor in Council shall have power: 1. To make regulations of the department: (a) For the classification, organisation, government, .Schools .inct examination and inspection of all schools herein- 's°udT^ before mentioned ; (&) For the construction, furnishing and care of school School^ ^ buildings and the arrangement of school premises ; and grounds- (c) For the examination, licensing and grading of Examination, teachers and for the examination of persons who may desire to enter professions or who may wish certificates of having completed courses of study in any school; (d) For a teachers' reading course and teachers' in- iJfsjf^^^ stitutes and conventions; (e) For giving instruction in agriculture, school gard-^^*^ ening, manual training, industrial training, domes- tic science and physical training; SCHOOLS Text books :and apparatus School libraries Courses of ■study Normal scbools (f) For the proper conveyance of children as herein- after provided, and for keeping proper records of the number of children so conveyed, the distance travelled, the cost of conveyance and any other information deemed necessary; 2. To authorise text and reference books for the use of the pupils and teachers in all schools hereinbefore mentioned as well as such maps, globes,- charts and other apparatus or equipment as may be required for giving proper instruction in such schools; 3. To prepare a list of books suitable for school libraries and to make regulations for the management of such libraries ; 4. To issue courses of study determining the subjects of instruction and whether compulsory or optional in all schools established under this Act; 5. To make due provision for the training of teachers. 1915, c. 23, s. 6; 1917, c. 18, s. 2. Duties of minister Advice to -trustees Forms ■Call meetings Duties and Powers of Minister. 7. It shall be the duty of the minister: 1. To cause to be prepared and distributed recommenda- tions and advice on the management of schools and districts for trustees and teachers; 2. To prepare suitable forms and give such instructions as may be necessary for making reports and carrying out the provisions of this Act; 3. To appoint some person to call any school meeting required to be held under this Act when there is no person authorised to call such meeting or when the person so author- ised neglects or refuses to act; Annual report 4 rp^ t-^^^.^ annually to the Legislature upon all schools and institutes herein mentioned with such statements and suggestions for promoting education generally as he may deem expedient; 5. To provide for the collection of fees in accordance with a schedule to be approved from time to time by the Lieutenant Governor in Council for normal school training, attendance at model schools, teachers' certificates and departmental examinations, certificates of standing and other certificates issued by the department; 6. To make any provision not inconsistent with this Act that may be necessary to meet exigencies under its operation. ■Collpction ■of feps Geu?raily Powers o£ minister 8. The minister shall have power ii^^utesand ^^ "^^ appoint One or more persons to inquire into and .complaints report upon any appeal, complaint or dispute arising from SCHOOLS & the decision of a board or inspector or other school official, upon the condition of one or more schools or upon the fin ancial condition of a district, or upon any other school matter. Such person or persons shall have power to take evidence under oath or by affirmation; and the minister upon receipt of such report shall make such order thereon as to him shall seem proper; and action shall be taken in accordance with the terms of such order and not otherwise ; 2. To appoint an official- trusts to conduct the affairs of official a district; such official trustee to have all the powers and authorities conferred by this Act upon a board and its officers, and to be remunerated out of the funds of the district or otherwise as the Lieutenant Governor in Council may decide. Upon the appointment of such official trustee, the board, if any, of the district for which he is appointed shall cease to hold office as such ; 3. To appoint some person to inquire into and report unorsanisca upon the conditions existing in any portion of Saskatchewan '1"'^''"='^ not erected into a school district, and subject to the provisions of this Act in that behalf to take such action thereon as to him may seem expedient. The person so appointed shall receive such remuneration as the Lieutenant Governor in Council may determine; 4. To suspend or cancel for cause any certificate granted Cancel under the regulations of the department; '*'^" °*'^° 5. To cause to be prepared plans of buildings suitable for Plans for 1 , J, .■ schools schools 01 one or two rooms; 6. Subject to the approval of the Lieutenant Governor in Model SchooU- Council, to make provision for the establishment of model schools under the control of the department, and to enter into such agreement as may be deemed advisable with any board of trustees respecting the administration, expenses, equipment and teaching of such schools. EDUCATIONAL COUNCIL. 9. There shall be an educational council consisting of five Members persons at least, two of whom shall be Eoman Catholics, to be appointed' by the Lieutenant Governor in Council; who shall receive such remuneration as the Lieutenant Governor in Council shall determine. 10. Meetings of the council shall be held at such times Meetings and places as may be determined by the minister, but at least one meeting shall be held in each calendar year. 11. All general regulations respecting the inspection of Subjects for schools, the examination, training, licensing and grading of ™°^"^'=''**"'"^ teachers, courses of study, teachers' institutes and text and reference books shall before being adopted or amended be referred to the council for its discussion and report. SCHOOLS Report of -council 13. Tke council shall consider such matters as may be referred to it as hereinbefore provided for by the minister, and may also consider any question concerning the educa- tional system of Saskatchewan as to it seems fit and report thereon to the Lieutenant Governor in Council. Conditions ol ■organisation -of district ^Special cases other Ijuandaries permitted -Organisation of large -districtR FORMATION OP PUBLIC SCHOOL DISTRICTS. 13. Any portion of the province may be organised into a public school district provided that: (o) It does not exceed an area of twenty square miles and its length or breadth does not exceed five miles; (ft) There are at least four persons actually residing within the proposed district, each of whom on its organisation would be liable to be assessed for school purposes; (c) There are at least ten children, between the ages ■ of five and sixteen years> inclusive, actually., residing within the proposed district. (2) If for some special reason it is deemed advisable to permit the organisation of a district with a larger area or a greater length or breadth than that fixed by subsection (1), such permission may be granted by the authority whose duty it is to approve the boundaries of the proposed district. (3) In ease it is deemed advisable to organise a school district of not less than 36 square miles nor more than 50 square miles for the purpose of having the children of resi- dent ratepayers conveyed to a central school, permission may be granted by the minister for the organisation of such district upon receiving satisfactory evidence that its creation is in the public interest ; Provided that in case the minister is of opinion that special circumstances warrant the action, he may grant permission for the organisation of a larger area for the purpose. (4) In case it be deemed advisable to permit the organ- isation of a school district within which there are actually residing more than four and less than ten children between the ages of five and sixteen years, for the purpose of convey- ing such children to a neighbouring school, permission may be granted by the authority whose duty it is to approve the boundaries of proposed- districts. 1915, c. 23, s. 13; 1917, c. 18, s. 3. Committee for erection of dis^ict 14. Any three persons of the full age of twenty-one years who are actually residing within the limits of a proposed district may form themselves into a committee for the pur- pose of proceeding with its organisation, and may draw up and sign the necessary petition for the purpose. SCHOOLS L (2) The petition for organisation of a district shall be if't'oi in form A in the schedule hereto, and shall be accompanied by a plan of the proposed district showing : (a) The number of children between the ages of five and sixteen years inclusive residing on each quar- ter section; (6) The names of those actually residing in the pro- posed district who wiU be resident ratepayers if the district is organised, such names being written on the quarter sections which are occupied ; (c) The location of streams, lakes, swamps and other bodies of water and of travelled roads. (3) In case the proposed district include lands already Lands in ■within the boundaries of an organised district, the petition dlSto shall also be accompanied by a certificate in form L in the schedule hereto. (4) The committee shall appoint one of their number to Secretary act as secretary who shall be responsible for the safe keeping ■of all correspondence and forms. 15. Should the limits of a proposed district include a i.;mits portion of an existing district, it shall be the duty of a mem- cSsting^ ber of the committee to hand to the secretary of the existing districts •district or leave at his residence with some adult person at least eight clear days before the petition is submitted for approval a notice in form B in the schedule hereto, which notice shall be accompanied by a plan showing the boun- daries of the proposed district. (2) Upon receipt of such notice and plan the secretary Meeting of shall forthwith call a meeting of his board and place the same before it for consideration. (3) A member of the committee shall also hand to each of Notice to^ the ratepayers residing on the lands proposed to be with- drawn from the existing district, or leave at the residence of •each with some adult person, at least eight clear days before submitting the petition for approval, a notice in form C in the schedule hereto. 16. In case the proposed district is situated whoUy or where partly within the limits of one municipality and no part of it dL°ta^?ct^ is in'any other municipality, the petition tfor its organisation ^^If^^'jp^m^ shall be delivered or transmitted to the secretary of such municipality. 17. In case the proposed district is situated partly within Withia two two or more municipalities, the committee shall transmit the nnnicipauties petition for its organisation to the secretary of that munici- pality which contains the greater portion of the proposed district, and in case the proposed district comprises within SCHOOLS its limits an equal area from two or more municipalities the petition shall be sent to the secretary of such one of these- munieipalities as the committee may select. (2) A copy of the petition shall be sent to every munici- pality containing lands included in the proposed district. Without 18. Should the proposed district be situated wholly with- orTffe?tii*g out the limits of any municipality, or should its area contain "■*'■" *"■ , .any.portion of a town or village district the petition shall be vilU'ge district forwarded to the minister. Disposition 01 petition 19. The secretary of a municipality upon receipt of a. petition as aforesaid shall lay the same before the municipal council at its next meeting. Regulations governing municipal councils 30. For the purpose of enabling municipal councils to- approve the boundaries of new districts to the greatest advan- tage of all parties concerned, the minister shall from time to time issue such regulations in that behalf as he may deent necessary, and it shall be the duty of a council to see that such regulations are substantially adhered to whenever a petition for a new district is submitted to the council for consideration. Consideration of petition Approval of 1joup.dari<.-s 31. Upon the consideration of a petition for the organisa- tion of a new district the minister or municipal council, as- the case may be, shall have power : (a) To approve the boundaries of the district as peti- tioned for; or (6) To approve such other boundaries for the district as may be deemed advisable. (2) Approval of the boundaries of ev«ry proposed district shall be in form D in the schedule hereto and the receipt of such approval by the committee shall be its authority to- proceed with the first school meeting. Second petition 33. In case the boundaries of any district as approved by the minister or municipal council are not acceptable to- the committee, it may present another petition which shall be dealt with in the manner herein provided for the first petition. Conflicting petitions ^or different districts 83. In the event of a municipal council receiving two or more petitions for new districts whose boundaries overlap,, as well as in all cases where there are conflicting interests or opposition to the boundaries proposed for a new district, the- municipal council shall arrange to give all parties interested, an opportunity to be heard. SCHOOLS 9 34. The council of a municipality shall have power to standing appoint a standing committee of at least two of its members, ^°'°'""''«^ whose duty it shall be to consider and report upon all matters pertaining to schools and school districts which by any law are required to come before the council for its consideration or decision. 35. On receiving approval of the boundaries of a pro- Meeting to be posed district the committee shall by notice call a meeting Bj.provai'of of the ratepayers, which notice shall be posted up in at least i^undaries five widely separated and conspicuous public places within the district, one of which shall be the post office and if there be no post Q|Bee therein a sixth notice shall be posted in the nearest post office thereto. (2) All such notices shall be posted up eight clear days Posting of prior to the date fixed for the meeting, and the said eight ""'-'^"^^ days shall not include the day on which the notices are posted nor the day on which the meeting is held. (3) The notice shall be in form E in the schedule hereto Form and may be either written or printed or partly written and partly printed. (4) Proof that the notices have been posted up as herein Proof of provided shall be furnished in form P in the schedule hereto, i"'^''"^ First Meeting of Ratepayers. 36. At two o'clock in the afternoon (standard time) of First meeting the day appointed in the notice calling the first school meeting, the resident ratepayers present shall elect one of their number chairman to preside over the proceedings. (2) The chairman shall upon his appointment sign the declaration provided in form. G in the schedule to this Act. (3) The secretary of the committee shall be the secretary secretary of the first school meeting and shall record the minutes and perform all other duties required of such secretary by this Act, but in ease for any reason he is unable to act the meeting shall appoint a secretary. 37. After the election of a chairman any person wishing Declaration by to take any part in the meeting, or vote thereat, shall be re- part^u m*ertini quired to sign, in the presence of the chairman and secre- J"' intending tary, the declaration provided in form G in the schedule to this Act, and no person shall be allowed to take part in the meeting or vote unless and until he has signed such de- claration, i ^_^ (2) Any person subscribing to a declaration containing Penalty a false statement shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $10. 10 SCHOOLS Chairman not to vote 38. The chairman may not vote on any question whether the same is to be decided by a show of hands or a poll except in case of a tie when he must give a casting vote. 1910-11, e. 26, s. 3, amended. Poll for formation of district Procedure on taking poll Closing poll 39. Upon his appointment and before any other business is transacted except as provided in section 27 of this Act, the chairman shall immediately 'Cause a poll to be taken of the votes of the resident ratepayers for and against the formation of the proposed district. (2) On the taking of the poll the chairman shall preside and the secretary shall record the votes as they are given on a poll sheet in form H in the schedule hereto. (3) The poll shall remain open for one hour when it shall be closed by the chairman who shall sum up the votes. Nomination of trustees, qualifications of voters and candidates and conduct or" elections First Election of Trustees. 30. If the result of the poll is favourable to the forma- tion of- the district, the chairman shall immediately call for nominations of persons to serve as trustees and the secre- tary shall record such nominations in the order in which they are made. (2) The persons nominated for the position of trustee shall be resident ratepayers of the proposed district, who have made and subscribed the declaration and taken and subscribed the oath of allegiance set forth in forms Y and Z respectively in the schedule to this Act, and who are able to read and write. (3) Each candidate for the position of trustee shall be nominated by a mover and a seconder both of whom shall be resident ratepayers of the proposed district. (4) Nominations shall be received by the chairman for ten minutes after he first calls for the same. (5) In case the number of nominations does not exceed three the chairman shall declare the persons nominated to be elected. (6) If more than three candidates are nominated the chairman shall at the close of the time for nominations declare a poll open for the election of trustees. (7) On the taking of the poll th,e chairman shall preside and the secretary shall record the votes as they are given on a poll sheet as in form I in the schedule hereto. (8) Every resident ratepayer shall have three votes but shall not vote more than once for any one candidate at the same election. (9) The poll shall remain open for thirty minutes when it shall be closed by the chairman who shall sum up the votes and declare the result. SCHOOLS 11 Returns to Department. 31. Immediately after the first school meeting the secre- Secretary to tary thereof shall forward to the department: t7deV»rtm?at (a) A copy of the petition for the organisation of the district ; (b) A plan of the district voted upon, which plan shall contain the information set forth in section 14 hereof ; (c) A certificate of the approval of the boundaries of the district ; (d) A certified copy of the notice calling the first school meeting; (e) Proof of the posting of the notices, which proof shall be in form F in the schedule hereto ; (/) The declaration in form G signed by the resident ratepayers ; (g) The poll sheet 'showing the votes for and against the district; (h) The poll sheet showing the votes for trustees; («') A copy of the minutes certified by the chairman showing the names of mover and seconder of candidates for the office of trustee. (2) The secretary shall also forward to the department a List ot names list of at least five names considered suitable as names for the proposed district, one of which may be chosen by the minister. These names should be selected by the committee and set down in order of preference. Erection of District. 33. Upon receipt of the returns and documents referred Minister may to in the next preceding section and upon being satisfied that of'^jistrit-f"'" the requirements and provisions of the law with respect to the organisation of the district have been substantially com- plied with the minister may by order declare the proposed district to be organised and assign to it a name and number. (2) If it appears to the minister that the boundaries of Correction of the district have been misdescribed or that certain lands have of bo^undaries'' been inadvertently omitted therefrom or included therein he shall in the order declaring the district to be organised prop- erly describe its boundaries and correct such errors as appear to him to have been inadvertently made as aforesaid. (3) Notice of the organisation of the district shall be pub- Publication lished in The Saskatchewan Gazette; and such notice shall be ^'^ <^*^«"« conclusive evidence of the organisation of the district and that all the necessary formalities have been complied with. 12 SCHOOLS Name of School District. diS °' ^^' ^■^s^y district created under this Act shall be entitled "The School District No. of Saskatchewan. ' ' of name"" (^) '^^^ minister may from time to time alter the name or number, or both, of any district, .upon the petition of the board of such district, or without such petition if the minister deem it advisable, and notice of such alteration shall be pub- lished in The Saskatchewan Gazette, but in such cases the seal heretofore used by such district shall continue to be the seal thereof until changed by the board. Smu^'e"* (3) No change in the name or number or both of any district made in accordance with the provisions of this Act shall affect any obligations, rights, actions or property incur- red, established, done or acquired prior to such change. Term of Office of Trustees. o'rtrusfees'''"* 34, The trustees elected at the first school meeting, or a elected at first ncw board of trustccs elected at any subsequent meeting in mce iiig ^^^ rural or village district, shall hold office as follows : the trustee receiving the greatest number of votes shall hold office until the third annual meeting; the trustee receiving the next greatest number of votes until the second annual meeting and the trustee receiving the lowest number of votes until the first annual meeting subsequent to the date of the election. (2) In case there be no vote taken, the trustees elected shall hold office in the order in which they are nominated until the third, second and first annual meetings of the district are respectively held. (3) If any two or more trustees elected receive an equal number of votes, they shall respectively hold office in the manner provided in the next preceding subsection. (4) If the annual meeting of a district be not held in any year, it shall for the purposes of this section be deemed ta have been held at the regular time. Declaration of Office. ?/office"°° 35. Before the first meeting of the board is held, every trustee shall make the following declaration before the chair- man of the meeting at which he was elected or a justice of the peace or commissioner for oaths: I, A. B., do hereby accept the office of trustee to which I have been elected in {name of school district in full) and I will, to the best of my ability, honestly and faithfully dis- charge the duties devolving on me as such trustee. Dated this day of 19 SCHOOLS 13 (2) The chairman, justice of the peace or commissioner ^^^j'^^^^i'^^^ "* shall thereupon grant him a certificate in the following form : I, G. D., do hereby certify that {give name, residence and ■occupation of the person mentioned) elected trustee for {give name af school district), has this day made before me the •declaration of office prescribed by The School Act in that behalf. Dated this day of 19 G. D., Chairman, J. P., or Commissioner for Oaths. Organisation of Board. 36. Upon the erection of a district the trustee elected for First meeting the longest term shall be notified of the erection of the district "* '""'''' by the minister; and he shall thereupon, within ten days after receipt of such notice, call a meeting of the board, in the manner provided by this Act for calling such meetings, for the purpose of choosing one of its number as chairman and appointing a secretary, treasurer, or secretary treasurer and transacting such other business as may be necessary. (2) Any member of the board other than the chairman may be appointed secretary, treasurer, or secretary treasurer. (3) The teacher of a school district may be appointed secre- tary of any district but not treasurer or secretary treasurer of any district in which he is employed as teacher. 1915, c. 23, .s. 36; 1916, c. 24, s. 1. REFORMATION OP SCHOOL DISTRICT BY MINISTER. 37. In case any portion of Saskatchewan, not exceeding Erection of five miles in length or breadth exclusive of road allowances, order of is not included in a school district, the minister may order """'^'cr the erection of such portion into a district provided that it -contains : (a) Twenty children between the ages of five and sixteen inclusive; (6) Ten persons actually residing therein who on the erection of the district would be liable to assess- ment; (c) Six thousand acres of assesable land; -and notice of the erection of any such district shall be pub- lished in The Saskatchewan Gazette, which notice shall be conclusive evidence that the district has been duly erected and constituted in accordance with the provisions of this Act. (2) In special cases where the requirements of clauses {b) Siied.-.! cases -and (c) are fulfilled but there is not within the required area the number of children required by clause {a), the minister may order the erection of such area into a district provided ■that it is in the public interest to do so. 14 SCHOOLS Elf'Ctian of trustees 38. In case of the erection of any district in accordance with the provisions of the next preceding section the minister may appoint some persori to call a meeting of the resident ratepayers of the district to elect trustees, which person shall act as chairman of the meeting; and the election held shall be conducted in the manner provided for the election of trustees at a first school meeting; and the trustees elected shall within ten days after their election take the declara- tion of office and meet to organise the board as hereinbefore- provided. SEPARATE SCHOOLS. Separate schools Assessments 39, The minority of the ratepayers in any district, whether Protestant or Roman Catholic, may establish a separate school therein; and in such case the ratepayers establishing such Protestant or Roman Catholic separate school shall be liable- only to assessments of such rates as they impose upon them- selves in respect thereof. INitHioii for erection 40. The petition for the erection of a separate school district shall be signed by three resident ratepayers of the religious faith indicated in the name of the proposed district ;. and shall be in the form prescribed by the minister. QiiiihOcation of voTors 41. The persons qualified to vote for or against the erection of a separate school district shall be the ratepayers- in the district of the same religious faith, Protestant or Roman Catholic, as the petitioners. Notice of ratepayers' meetings Subsequent IM oceedings 43. The notice calling a meeting of the ratepayers for the purpose of taking their votes on the petition for the erection of a separate school district shall be in the form prescribed by the minister, and the proceedings subsequent to the posting of such notice shall be the same as prescribed in the formation of public school districts. "When orectyd iiB a town aistrict 43. In case any such district contain within its limits a town or city municipality, it shall from the date of its erection be deemed to be a town district and the board of trustees, elected at the first school meeting shall consist of five mem- bers, two of whom, shall hold office until the date of the first annual election of the district, and three until the date of the second annual election. Thereafter all trustees shall be elected and hold office in the manner provided by this Act for town districts. SCHOOLS 15 44. After the establishment of a separate school district ^a|J',■tie''8°o^ under the provisions of this Act, such separate school district ^1^4^015 *'^'""'" and the board thereof shall possess and exercise the rights, powers, privileges and be subject to the same liabilities and method of government as herein provided in respect of public school districts. SCHOOL SITE. 45. In every rural district the board shall acquire a school sciiooi sites in site on a road allowance at the centre of the district. '°''^' districts (2) In case the land at the centre of the district be not Land at cenue suitable on account of its low situation or on account of the presence of water, the board may acquire such other site as it deems advisable within a distance of two hundred yards from the centre. (3) If for any cause it be deemed necessary or expedient '^"^i"""'"? i-''"'* to acquire a site situated more than two hundred yards centre from the centre of the district the board shall proceed as follows : (0) The board shall prepare a plan of the district showing the proposed site, the quarter sections upon which the resident ratepayers live, the number of children between the ages of five and sixteen years inclusive on each quarter section, the location of lakes, sloughs, rivers, ravines, creeks, bridges and travelled roads; (&) If the district be situated wholly outside the limits of a municipality the plan of the district showing the proposed site shall be forwarded to- gether with the application to the department for the approval of the minister ; (c) If the district be situated wholly within the limits of a municiaplity the plan of the district showing the proposed site shall be transmitted together with the application to the secretary treasurer of the municipality for the approval of the council; (d) It the district be situated partly within two or more municipalities the plan of the district showing the proposed site shall together with the application be sent for approval to the secretary of the municipality whose council approved the boundaries of the district ; (e) In all other cases the plan and application shall be filed as the minister may direct. 16 SCHOOLS Posting of rctices Length of notice 46. Notice of the intention of the board to apply for approval of a site away from the centre of the district shall be posted up within the district in the manner provided by section 25 hereof and every such notice shall be in form J in the schedule hereto. (2) Every such notice shall be posted up at least eight clear days before the date upon which application is to be made in order that those opposed to the proposed site may be given an opportunity to be heard. 1910-11, c. 26, s. 4, amended. Kegulations I'o'vjrs of minister or council -Approval Copy to bo forwarded Appeal to inspector 47. For the guidance of municipal councils in considering applications for the approval of school sites the minister shall issue such regulations in that behalf as he may deem neces- sary. 48. Upon the consideration of an application for approval of a site the minister or municipal council, as the case may be, shall have power : (a) To approve the site applied for; or (&) To approve such other site as may be deemed advisable. (2) The approval of the site shall be in form K in the schedule hereto, and the receipt of the certificate of approval by the board shall be its authority to secure the site and proceed with the erection of a school house. (3) A duplicate of the certificate of approval of every site shall be forthwith forwarded by the secretary treasurer of the municipality to the department. 49. Within ten days from the date of the meeting of the council at which its approval was given to a school site, a majority of the resident ratepayers may appeal to the in- spector from the decision of the council, and the site shall thereupon be referred to a board of three arbitrators, of whom one shall be the inspector of schools, or, in ease he be unable to act, a person appointed by him, one shall be appointed by the municipality and one by the ratepayers at meetings sever- ally called for the purpose. (2) Within thirty days of their appointment, at a meeting called by the inspector or by his representative, the arbitra- tors shall make their award, and they may in and by the award confirm such site as the majority of the arbitrators may deem suitable. SCHOOLS 17 (3) The award shall be transmitted forthwith to the Ti^ansmission municipal council, the board of trustees and the department ■of education. (4) No action shall be taken on such appeal unless made Time for to the inspector in writing within ten days after the date of "pp^*' "the meeting at which the approval of the council was given. 1915, c. 23, s. 49 ; 1916, c. 24, s. 2. 50. In case the board of any district acquires a school r-enaities isite in violation of the provisions of this Act each member thereof shall be personally liable on summary, conviction, on information laid by any ratepayer of such district, to a pen- ^ty not exceeding $100 and costs; and the members of such board shall be personally liable also, but the board shall not be liable for the cost of a site so acquired or of any building erected thereon: Provided, however, that no member of the board voting -against the resolution of the board for the acquisition of such ^ite and the erection of such building, if any, shall be liable under this section. 51. In case at any time it be deemed advisable to select a Selection of new site for a rural district, all the proceedings in connection ""^ therewith shall be taken as nearly as may be in the manner herein provided for the approval of a first site for such a ■district. 53. In every town or village district the board shalU° town^w .^^ acquire a site at the centre of the district, but if for any •cause it be deemed advisable to choose a site away from the ■centre such site before being secured shall be approved by "the minister. (2) The minister may require the question of a school site in a village or town district to be submitted to a board of .arbitrators and in such case the procedure shall follow that described in section 49 hereof. (3) Whenever in the case of a town district it be necessary to secure a new or additional site such site before being secured shall be submitted to the local government board for Approval. 1915, c. 23, s. 52 ; 1916, c. 24, s. 3. 53. In the event of its being shown to the satisfaction Proceediiigs^^ of the minister that in any district the title of a school site aocot 'agree or portion of site not exceeding two acres cannot be obtained ^p""^*'"'"' °^ by the district, by reason of the refusal or failure of the school site owner to sell such site or portion of site or to accept a fair price for it, or by reason of a mortgagee or other person interested in such site or portion of site refusing or failing "to release his mortgage or interest, the minister may execute a transfer of the said site or portion of site in favour of the district and upon application ex parte to a judge of the 18 SCHOOLS district court of the judicial district within which the' site or portion of site is situated and upon production of such trans- fer, the judge shall make an order vesting the title ot the- lands described in the transfer in the school district, free from, all charges and incumbr'ances other than taxes. Arbitration (2) The amouut and, in ease there are more parties than; one interested, the manner of payment of the compensation. to be made for the'site or portion of site acquired under the- provisions of the next preceding subsection shall be deter- mined by two arbitrators, one appointed by the district and the other by the owner or person interested, under the pro- visions of The Arbitration Act. ALTERATIONS OP BOUNDARIES OF SCHOOL DISTRICTS. Application to ■whom made Requirements 54. Application for alteration in the boundaries of a schoot district shall be made : (a) To the department of education if the district is. situated wholly without the limits of any munici- pality or affects a town or village district ; (6) To the municipal council if the district is situated. wholly within the limits of a municipality ; (c) To such municipal council as the minister may direct if the district is situated partly within one- or more municipalities; (d) To the department of education if it is proposed! that the district be enlarged so as to include an area of 36 square miles or more for the purpose- of making provision for conveying children to a. central school. (2) Every such application shall set forth clearly and con- cisely the grounds upon which it is based, and shall be accompanied by a plan showing the proposed alteration and giving the information set forth in section 14 hereof and by a. certificate in form L in the schedule hereto. (3) The person or board applying for the alteration shall', hand to the secretary of each district affected or leave at his residence with some adult person, at least eight clear days before the application is submitted for approval, a notice in. form M in the schedule hereto accompanied by a plan show- ing the alteration applied for. roard meeting' (4) -gp^^ receipt of such notice and plan the secretary shall forthwith call a meeting of his board and place the same- before it for consideration. ratpaye^re (5) '^^^ person Or board applying for the alteration shall also hand to each of the ratepayers residing on the lands pro- posed to be added to or withdrawn from the district, or leave- at the residence of each with some adult person at least eight Land in an- other diptrict SCHOOLS 191 clear days before the application is submitted for approval, a notice in form N in the schedule hereto. 1915, c. 23 s 54 ■ 1917, e. 18, s. 4. , , . , 55. When an application comes before a municipal conn- Application cil it shall give all parties concerned an opportunity to be 'ou™'"'''''^' heard, and if the council decide that the proposed alteration or some other alteration is desirable it shall through its secretary notify the minister to that effect in form in the schedule hereto. Upon the receipt of such notice the minister may by order alter the boundaries of the district as set forth in such notice. 56. When an application is made direct to the department AppUcaiion as provided by clauses (a) and (d) of subsection (1) of '° '"'°'""' section 54 hereof, the minister may take such action as he deems advisable. 57. Where application is made for alteration of the vjiiage dis- boundaries of a village or town district, the minister may oY m'iniior' require the same to be submitted to a board of arbitrators consisting of an inspector, a person appointed by the board of the village or town district and a person appointed by the council of such municipality adjoining the village or town district as may be determined by the minister, and their decision shall be final. (2) The provisions of subsections (2), (3) and (4) of section 49 shall apply mutatis mutandis to arbitrations under this section. 1915, c. 23, s. 57; 1917, e. 18, s. 5. 58. Notice of every alteration in the boundaries of a Notice ot school district shall be published in The Saskatchewan Gazette " and such notice shall be conclusive evidence of the alteration of the boundaries of the district and that all necessary form- alities have been complied with. 59. Notwithstanding anything herein contained no altera- Rights tion shall be made in the boundaries of any school district i^'""'"'^*^'^ iinless it be satisfactorily shown that the rights guaranteed to any class of persons under section 17 of The Saskatchewan Act will not be prejudiced thereby. 60. In the case of a district having debenture indebtedness security of outstanding, no alteration shall be made in the boundaries IIoJ'Ict" ''* thereof which will prejudicially affect the rights or security of the holder of such debentures without due provision being made for the protection of such holder. 61. Upon the alteration of the boundaries of a district A.iji.s(mei.t due provision shaU be made for the settlement and adjustment ulHiftles '^"'^ of the assets and liabilities of the same between the districts into which it may be divided or between the district and the 20 SCHOOLS Powers of minister re adljtiBtment areas added thereto or taken therefrom; and the minister may cause the necessary inquiries to be made in order to ascertain and determine the due proportion of such assets and liabilities and the best method of settling and adjusting them. (2) The minister may in his discretion appoint one or more persons to make such inquiries and report thereon, and may prescribe and declare the terms of such settlement and adjustment and the manner in which the same shall be carried into effect; and, in cases in which by the terms of such settlement and adjustment taxes are required to be levied upon property, in any diviaon of such district or in an area taken therefrom, may prescribe by whom, at what times and in what manner such taxes shall be assessed and collected, to whom the same or any part thereof shall be paid, and by what district or districts, in what proportions and to whom the expenses of such settlement and adjustment shall be paid. Powers of (3) When any area is added to or taken from a district relation to the minister may by order make all provisions necessary to »)'id"taxn°k>n meet the exigencies of the case respecting the assessment of in such areas property in such area and the levying, collection and appli- cation of taxes on such property, or one or more of said matters, for the then current year, and the matters dealt with in such order shall be done according to the termr? thereof and not otherwise. DISORGANISATION OP DISTRICTS. Disorganisa- tion 0/ school difctricts Adjustment of assets and liabilities 62. The Lieutenant Governor in Council may by order, notice of which shall be published in The Saskatchewan Gazette, declare that on and after a day therein to be named any district shall be disorganised, and thereupon the same and the board thereof shall cease to have or enjoy any of the rights, powers and privileges vested in such corporations by this Act. (2) Upon such disorganisation the minister may appoint one or more persons to adjust and settle the assets and lia- bilities of the district. Any person so appointed shall have full power and authority to sell, and dispose of and convert into money the assets and property of the district and apply the same so far as they will extend, first, in payment of the liabilities of the district; and secondly, in payment of his own remuneration as hereinafter mentioned, and to divide the surplus, if any, pro rata among the ratepayers of the district entitled to share therein. (3) In case the amount so realised is insufficient to satisfy the liabilities of the district and their remuneration, such person shall have full power and authority to assess, collect and enforce payment, in the same manner as boards, assessors collectors and treasurers are authorised to do by The School Schools 21 Assessment Act, of such sum as may be required to satisfy such indebtedness or any balance thereof remaining unpaid and all expenses connected therewith, including their own remuneration which shall be fixed by the minister. UNION OF PUBLIC AND SEPAEATE SCHOOL DISTRICTS. 63. If in any area there exisits a public school district linion of and a separate school district and it is resolved by the rate- S-p^al^atc""^ payers of each such school district, at a public ineeting of »';'>'"^; ratepayers of each district respectively called for the purpose of considering the question, that it is expedient that such districts should be united into a public school district, the minister may, by order, notice of which shall be published in The Saskatchewan Oazette, declare that on and after a day therein to be named the separate school district shall be disorganised, end thereupon the same and the board thereof shall cease to have or enjoy any of the rights, powers or privi- leges vested in such corporations by this Act, and the lands theretofore assessable and taxable for the purposes of the separate school district shall become assessable and taxable for the purposes of the public school district and shall be in every respect a part of the public school district. (2) After such disorganisation the minister may make such orders, provisions and appointments as to him appear proper for the adjustment, arrangement and winding up of all the affairs of the separate school district and for the settle- ment and adjustment of the assets and liabilities' thereof . MEETINGS OF RATEPAYERS. Annual Meeting in Rural and Village Districts 64. An annual meeting of the ratepayers of every rural Time and place- and village district shall be held in the school house or some "' ■°<'o"°e other suitable place within the district, not later than the thirty-first day of January in each year commencing at the hour of two o'clock in the afternoon (standard time). 65. The meeting shall be called by the board, which shall PuUic notue at least eight days before the day for which the meeting is "^ '^^^"'s called, post notices giving the day, place and hour of meeting. Such notices shall be posted in five conspicuous public places within the district, one of which shall be the post ofSce, and if there be no such post office a sixth notice shall be posted in the post office nearest thereto. (2) It shall be deemed sufficient notice of such meeting Notice may ba if the notice is sent to the ratepayers by mail and posted at "'""'^'^ least fifteen clear days prior to the date of the meeting: Provided that at least one public notice shall be posted in the post office situated in the district or if there is no such post office therein in the post office nearest thereto. •22 SCHOOLS '<".'hairmai. aud secretary Acting chairmar 66, At the time hereinbefore provided for the commence- ment of the meeting the chairman of the board shall take the chair and call the meeting to order, and the secretary of the board or someone appointed by the chairman shall record the minutes of the meeting and perform such other duties as may be required of him by this Act. ,(2) In the.absence of.the chairman the ratepayers present shall forthwith elect one of their number to preside. jalifications of candidates 73. Each person nominated for the office of trustee shalL be a resident ratepayer of the district who is able to read and write, and who has made and subscribed the declaration and taken and subscribed the oath of allegiance set forth in forms Y and Z respectively in the schedule to this Act. Qualification 73. Each Candidate shall be nominated by a mover and seconder Seconder each of whom shall be a resident ratepayer of the district. Tine of nominatioiis 74. Nominations shall be received by the chairinan for- ten minutes after he has first called for the same. Acclamation 75. In casc there be only one nomination the chairmani shall declare the candidate nominated to be elected. Poll for election of trustees 76. In case there are more nominations than one the- chairman shall at the close of the time for receiving nomina- tions declare a poll open for the election of a trustee. 77. In case objections be made to the right of any person; to vote for the election of trustees in a rural or village district the chairman shall require such person to take the following- oath or affirmation: I, do solemnly swear {or affirm) 1. That I am of the full age of twenty-one years; 2. That I am a hona fide resident ratepayer of {give name- of district in full) ; 3. That I actually reside within the district; 4. That I am and have been for a period of two months- the owner {or occupant) of property within the district assess- able for school purposes; SCHOOLS 25 or 5. That my husband {or wife) is and has been for a period of two months the owner {or occupant) of property within the district assessable for school purposes ; 6. That I have not before voted at this election ; 7. That I have not received any reward either directly or indirectly nor have I any hope of receiving a reward at this time and place for my vote at this election ; (In established districts where an assessment h^s been made such person shall also swear or affirm: 8. That my name . appears on* the last revised assessment roll of the district.) So help me God. . . {In the case of an affirmation the words "So help me God" shall be omitted) and every person taking such oath or affirm- ation shall be permitted to vote for the election of trustees. Any person maiing any false statement by such oath or affirmation shall be guilty of an offence and liable on sum- mary conviction to a penalty not exceeding $10. 1915, c. 23, s. 77. 1916, c. 24, s. 5. 78. On the taking of the poll in rural districts the chair- chairman man shall preside and the secretary shall record the votes as i"''^^"*'-^ they are given according to form Q in the schedule to this Act: Provided that in ease a majority of the resident ratepayers Duration present, so decide by resolution, the vote for the election of "^ p°" trustees in rural districts may be taken as provided iii sections 80 and 81 hereof, except that the poll shall remain open for one hour only. 79. Subject to the provisions of section 78 hereof the poll ciosmg poii shall remain open for one-half hour in rural districts, when it shall be closed by the chairman who shall sum up the votes and declare the result. 80. In the case of village districts the poll shall be con- ducted as follows: 1. The chairman or such other person as may be appointed I'roceedings at by the board for the purpose shall preside, and the voting 5?Itrkt^'"*°'^ shall be by baUot ; 2. As each resident ratepayer presents himself to vote the "\'oiing by chairman shall handhim a ballot ;^aper containing the nanies ''''""' of the candidates for the office of trustee, and the secretary shall record in a book to be provided for the purpose the name of each such ratepayer so presenting himself; . 3. Upon receipt of the ballot paper the ratepayer shall jiarking haiiot in a part of the room effectively screened, mark his ballot by placing a cross in the space opposite the name of the 26 SCHOOLS candidate for whom he is voting; he shall then fold it and return it folded to the chairman who shall forthwith deposit it in the ballot box provided for the purpose ; lorm of ballot 4 Tjjg ^jaUot gjjall contain the names of all the candidates nominated and shall be in the following form : John Brown William Smith Henry Jones Thomas Black Duration of 81. In village districts the poll shall remain open for two districts^' "^^ hours when it shall be closed by the chairman; the ballot box shall then be opened in the presence of the candidates or of agents appointed by them by written notice to the chair- man, and a record of the votes as they are shown on the .ballfxts shall .be .made by the chairman in, form R in the schedule to this Act who shall thereupon sum up the votes and declare the result. Copy of 83. A copy of the minutes of the annual meeting signed d('prrtment by the chairman and the secretary of such meeting shall be forthwith transmitted to the department. Investigaliop. of digputed election, etc. Time limit Contested Election in Rural Districts. 83. Whenever complaint is made that the election of a trustee or any of the proceedings at a first or other school meeting in a rural district have not been in conformity with the Act, the minister may, upon complaint of a ratepayer verified by solemn declaration, investigate the matter and render any decision and make any orders in respect thereof that to him shall appear proper. (2) No such complaint shall be entertained by the minister unless made to him in writing within ten days after the hold- ing of the election or meeting. Annual Meeting in Town Districts. ?ormee''ting''"' . ^^' '^^ annual meeting of the ratepayers of every town district shqll be held at the time and place appointed for the nomination of councillors or aldermen, or at such other time within five days before or after the said date, and such place as may be fixed by resolution of the board, of which due notice shall be given by advertisement once a week for at least two weeks previous to the said date in some newspaper pub- lished in the district or if there be no newspaper published in the district then in the manner provided in section 65 hereof with respect to meetings in rural and village districts. SCHOOLS 27 85. The trustees of every town district and of every Notice by district to which the proviso to paragraph 7 of section 2 hereof munfcipafity applies shall give notice to the city clerk or the secretary treasurer of the town, as the case may be, on or before the fifteenth day of November in each year of the number of vacancies required to be filled to make the board complete; -and in the case of the first election of trustees in any town district the secretary of the district shall at-the same time furnish the city clerk or secretary treasurer of the town, as the case may be, with a list of the resident ratepayers of the district who reside outside the limits of the city or town municipality, which list shall be delivered to the returning ■officer on or before the day preceding the election of trustees. (2) Upon a rural or village district becoming a town a\ hen rural or district, the first election for trustees shall be held at the time j;,','"Ses'* tow^' prescribed in this Act for the annual election of trustees in cilArict^ town districts, and at such election there shall be elected two trustees for a term of two years and one trustee for a term of one year, and the two trustees of the district whose terms ■ have not expired shall continue to hold office for the terms for which they were respectively elected. 86. The statements and reports mentioned in section 70, Prtparati< ' ' " * - - - q£ statemt and reports with such variations as may be deemed necessary by the °^ statements board, shall be prepared by the proper officials for use at the annual meeting in town districts, and shall be read by the secretary, except as hereinafter provided. (2) The reading of any of such statements or reports may Reading be omitted upon a resolution being passed to that efilect by 5"''<'™«°'^ the ratepayers present, but any ratepayer of the district may examine the same either during the meeting or at a subse- quent date. (3) The board, if it deem advisable or upon being author- ised to do so by resolution. of the ratepayers at the annual meeting may have any or all of such statements or reports •or any parts of them except the inspector's reports printed in a newspaper published in the district. (4) In- town districts the treasurer's statement as men- pascal year tioned in paragraph 3 of section 70 shall mean such statement for that portion of the fiscal year ending on the thirty-first day of October next preceding the annual meeting. (5) On or before the first day of March in' each year the Treasurer's treasurer of a town district shall prepare a statement show- '^ " '^^'^ ing the receipts and expenditures, assets and liabilities of the board for the financial year ending on the thirty-first day of December of the preceding year; he shaU deliver the said statement duly audited to the chairman of the board who shall lay the same before the board at its next meeting; and the board shall on or before the first day of April in each year cause the said statement to be published in some news- paper issued in the district, or if there be no newspaper pub- 26 SCHOOLS Election in town districts lished therein in the newspaper the place of publication Of which is nearest thereto, and shall cause a copy of such state- ment to be forwarded to the minister. 87. The boards of public school and separate school trustees in town districts shall be elected in the manner pre- scribed by The City Act and The Town Act respectively. (2) Where a town district lies partly within the limits of another municipality, the secretary of such other municipal- ity shall, on or before the fifteenth day of November in each year, furnish the city clerk or secretary treasurer of the town as the case may be, with a certified copy of the voters' list containing the names of the resident ratepayers of such por- tion of the school district aa lies within such other munici- pality, distinguishing upon such list, where a separate school is maintained in operation, the public and separate school supporters respectively. (3) Any secretary treasurer who fails to furnish such a statement as required shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $10 per day for every day during which the default continues and in case of nonpayment forthwith after conviction to imprison- ment for a period not exceeding one month. Return for deva-.tment 88. Within ten days after the annual, election of trustees- in a town district, the secretary of the district shall forward to the department a certified copy of the returning officer's- declaration as to the result of the poll. Contested elections Contested Elections in Town and Village School Districts^ 89. In case the validity of the election of a school trustee in any town or village district is contested, the same may be tried by a judge of the district court of the judicial district, within which such town or village district is wholly or mainly situated; and any person qualified to vote at such election, niay be the relator for the purpose. (2) The judge shall in such case have the like powers as- m case of a contested election of a member of a" municipal council under The Controverted Municipal Elections Act,- and the proceedings and rules prescribed in such case shall muta,tts_^ mutandis be followed and observed in the contested election of a school trustee. I'vovisions pj'fRcribed iiiputings are net held Deferred School Meetings. 90. In case from want of proper notice or other cause any- first, annual or other school meeting required to be held, under this Act be not held at the proper time, it shall be the- duty of the secretary of the board when required to do so by any two resident ratepayers, to call a meeting of the rate- SCHOOLS 29 payers by posting notices in the manner prescribed by the Act for such meeting; and the meeting thus called shall possess all the powers and perform all the duties of the meet- ing in the place of which it was called. SPECIAL MEETINGS OF RATEPAYERS. 91, A special meeting of the ratepayers of any district Special may be held at any time for any necessary purpose not other- ™^^"°s^ wise provided for by this Act. 93. It shall be the duty of the secretary of the board to >^otice of and call any special meeting when required to do so : ''° '' ""'"* (a) By the board; (b) By the minister; (c) By an inspector; (d) In town and village districts, by request in writing signed by ten resident ratepayers; (e) In rural districts, by a request in writing signed by a majority of the resident ratepayers. (2) The notices calling a special meeting shall set forth the purpose of the meeting and shall be given in the manner provided for notices of annual meetings. 93. At a meeting so held the ratepayers present shall Transaction elect a chairman and secretary, and no business shall be con- nSSce'^ '° sidered by the meeting other than that mentioned in the notices calling the same. 94. Notwithstanding anything contained in subsection (2) Ecguiations of section 92 of this Act the minister may make regulations 'uwetings governing the notice to be given of a special meeting; and such regulations may also prescribe the time of opening such meeting, the procedure to be followed at the meeting and the certification to the proper authorities of the result of any action taken thereat. AUDIT. 95. The books and accounts of every district shall be Annual tudit audited annually. (2) In the case of rural and village districts there shall Substitute be two auditors, one of whom shall be elected annually by "^' ^''°^ the ratepayers at the annual meeting and the other appointed by the board. (3) If either or both of the auditors have not been appointed before the first day of December the place of 30 SCHOOLS Material for auditor "Witnesses lleport Fees either or both shall be taken, in the case of school districts- situated outside a municipality by an official auditor or in case the district is in more than one municipality by the auditor of such municipality, as the • board may direct, and in all other cases by the auditor of the municipality in which the district is situated. (4) The board or the secretary treasurer shall lay all accounts before the auditors, together with all books, con- tracts, agreements, Youchers and other papers in their pos- session relating to school accounts and the board and the secretary treasurer shall give the auditors all information in their power relating to the assets, liabilities, receipts and expenditures which the auditors may require. (5) The auditors or either of them may require the attend- ance of all persons interested in the accounts and of their witnesses, with such books and papers as the auditors may direct, and may examine such persons and witnesses under oath. (6) The auditors shall decide upon the accuracy of the accounts and shall make a report for the annual meeting in the form prescribed by the minister. (7) The fee payable for such audit shall be in the case of rural districts $3 and in the case of village districts $5 for each auditor employed, and shall be paid out of the funds of the district. 96. In a town district it shall be the duty of the auditor of the municipality to audit the books and accounts of such district in each year. Who not to be auditors 97. No trustee, teacher or officer of a district shall audit the books of the district for which he is trustee, teacher or officer. 1915, c. 23, s. 97 ; 1916, c. 24, s. 6. BOARD OF TRUSTEES. Number of Members. ^^I'i^'ge districts ^^- ^^ ^^'^1 a^d tillage districts there shall be three trustees, each of whom after the first election shall hold Town districts office for three years and in town districts there shall be five trustees each of whom after the first election shall hold office for two years. T..rm of office (2) Every trustee shall hold office until his successor is appointed. Complete new (3) jn easc of au election of a board of trustees to take the place of an official trustee the members shall hold office in the same manner as if elected at a first school meeting. SCHOOLS 31 Trustees a Body Corporate. 99. The trustees of every district shall be a corporation Corporate under the name "The Board of Trustees for the bchool District No. of Saskatchewan." Organisation of Board. 100. Within ten days after his election at any meeting Declaration other than the first school meeting a trustee shall take the °' °'^'' declaration of office provided for in section 35 of this Act. 101. The board shall meet within ten days after the Time of annual meeting, or, in the case of town districts within the *^"' '°'"'''° first ten days of January in each year, for the purpose of organising and for the transaction of such other business as may be required. 103. At the meeting thus held the board shall appoint a Appointment chairman, a secretary and a treasurer or a secretary treasurer Ton Tofficers who shall respectively hold office during the pleasure of the board, and the secretary and the treasurer or the secretary treasurer shall be allowed such remuneration as the board may fix. Board Meetings. 103. A meeting of the board may be called by the chair- iiow caiied man or any trustee. 101. Every regular or special meeting of the board shall -Notice be called by giving two clear days' notice in writing which notice may be given by delivering it to each trustee, or in the case of his absence from his residence, by giving it to any adult person thereat. (2) The board may, at any meeting at which all the mem- Regular bers are present, decide by resolution to hold regular meet- '^'"'■'"^^ ings. The resolution shall state the day, hour and place of every such meeting, and no further or other notice of any such meeting shall be necessary. (3) Except in the case of a meeting for the purpose of waiver of contracting for the purchase of school furniture, equipment and apparatus, the board may by unanimous consent waive notice and hold meeting at any time. Such consent shall be subscribed by each member of the board and shall be recorded in the minutes of the meeting in the following form : We, the undersigned trustees of S.D. No. hereby waive notice of this meeting. Trustees. 32 SCHOOLS Corporate aots -^QS. No Ect or proceeding of any board shall be deemed valid or binding which is not adopted at a regular or special meeting at which a quorum of the board is present. Cuorum (2) A majority of the board shall form a quorum. One trustee not to act 106. If the number of trustees be reduced to one, that one shall immediately take the necessary steps to fill the vacancies in the board but he shall not transact any other business of the district. Motions 107. All questions shall be submitted to the board on motion of the chairman or any trustee, and no seconder shall be required. Votes of trustees Chairman pi-o tern 108. At all meetings of the board questions shall be de- cided by a majority of votes, and the chairman shall have the right to vote, but in case of a tie, the question shall be decided in the negative. (2) In the absence of the chairman from any meeting of the board, the trustees present shall elect one of their num- ber to act as chairman. PT'ocpedinjrs Tal.d 109. No resolution, bylaw, proceeding or action of any board of trustees shall be invalid or set aside by reason of any person whose election has been annulled or declared illegal having acted as trustee nor by reason of any trustee having failed to take the declaration of office within the pre- scribed time. Duties of tj-ustees -Appoint < f/ii-ers Duties of Trustees. 110. It shall be the duty of the board of every district and it shall have power: 1. To appoint a chairman, a secretary and treasurer or a secretary treasurer and such other officers and servants as may be required by this Act ; I'rocure seal 2. To procure a corporate seal for the district ; repor™^ ''"'' .3- To cause to be prepared by the proper officers of the district and submitted to the department half yearly and yearly returns respecting attendance and classification of pupils and finances of the district, which returns shall be in form prescribed by the minister; and to see that all other reports and statements required by this Act or by the min- ister are transmitted to the department without delay; MvXnt's""'" ^' "^^ ^"^^P ^ record of the proceedings of each meeting of the board signed by the chairman and secretary, and to see that true accounts both of the school and district are kept and that the affairs of the district generally are conducted in the manner provided by this Act and with due regard to efficiency and economy; SCHOOLS 83 5. To provide the officers of the board with the books i^™'^^ necessary for keeping proper records of the district ; 6. To take possession and to have the custody and safe "--"pei-ty •keeping of all property of the district ; 7. To provide adequate school accommodation for the pur- srhoni poses of the district; acrommodutioa 8. To purchase or rent school sites or premises, and to Sehooi build, repair, furnish and keep in order the school house or lll^^tgs and houses, furniture, fences and all other school property; to "'■''i'"^™- keep the water supply, closets and premises generally in a proper sanitary condition; and to make due provisions for properly lighting, heating, ventilating and cleaning the school room or rooms under its control and if deemed advisable to purchase or rent sites or premises for a house for the teacher, and to build, repair and keep in order such house ; or, to enter into an agreement with any board or boards for the purpose •of erecting, furnishing and maintaining a teachers' residence on such terms as may be mutually agreed upon ; 8a. To provide approved metal fire escapes for any school building of Uvo or more storys ; 9. Subject to the approval of the minister to dispose of i^eai property any of the real property of the district when no longer re- quired for school purposes ; 10. By resolution to permit the school to be used outside '-'se of school of school hours on such terms as may be deemed expedient p''™'^''^ by the board for any educational purpose or for any other lawful purpose, providing the proper conduct of the school is' not interfered with; 11. When considered expedient, to purchase stock in a Rural rural telephone company operating in the school district; to''''''''™*^ purchase material for installing and operating a telephone in the school in connection with a telephone system operating in the district ; to provide for the maintenance and operation of such telephone ; 12. To provide wholesome drinking water for the use of Dr;je£auitin (2) The members of any board failing to take such bond taking securi j ^^ ggcurity from its treasurer shall be jointly and severally liable for his default to the extent of the sum for which such bond should have been taken : Provided that when the majority, of the board -refuse or neglect to take security from the treasurer on the demand of any trustee, such demand being duly recorded in the minutes such trustee shall be relieved from personal liability in case of the default of such officer. Form of bond (3) Such bond may be in form prescribed by the minister and a duplicate copy thereof shall be forthwith transmitted by the board to the department. :Secietary trejisurtTS -to fuvtiish li'.'iids of a guarantee <0Tipany railnrp to give bond 118. The treasurer of every village or rural school district shall, upon his appointment and before entering upon the duties of his office, furnish a bond or covenant of some guarantee company . to be named -by the minister to secure the due accounting by him for all school moneys and pro- perty that come to his hands as such treasurer, which bond shall be in such form and for such amount as shall be ap- proved by the minister, and the minister shall pay the pre- miums for such guarantee bond or insurance and deduct the amount thereof annually from the legislative grant to the school district. (2) In every case in which the guarantee company declines for any cause to give such bond or covenant, it shall be the duty of the trustees forthwith to appoint another treasurer who can furnish the required bond ; and the retiring treasurer shall in such case be entitled to receive only the propor- tionate part of his salary up to the time of retirement. Every such bond shall be deposited and kept in the department for the benefit of the school district. Se'minis™rof .^^^' '^^^ Secretary of every school district shall forth- iippointnent or With upou the appointment or reappointment of a treasurer ol'TreaTuJer"* of his district notify the minister of such appointment or reappointment, with the full name and post office address of such treasurer. ^I'olicd of resignation Ee-elocMou Resignation of Trustee. 130. A trustee wishing to resign may do so by sending notice in writing to the remaining members of the board who shall immediately take the necessary steps to fill the vacancy and such resignation shall only take effect upon the election of a new trustee.- (2) A trustee who resigns his office may be re-elected with his own consent. SCHOOLS 39 Disqualification of Trustees. 121. A trustee who is convicted of a criminal offence or Seat v^icated of any offence against the provisions of this Act or The School fo^r 'ci"mef °eu. Assessment Act for which a penalty is provided, or becomes insane or absents himself from the meetings of the board for three consecutive months without being authorised so to do by resolution entered upon its minutes or ceases to be an actual resident within the district, or who is not a bona fide resident thereof, shall ipso facto vacate his seat, and the remaining trustees shall declare the seat vacant and forthwith order a new election to fill the vacancy thus created. 122. No trustee shall enter into any contract in which he s»at v^icatea has any pecuniary interest with the board of which he is a cortract^^vith member, in his own name or in the name of another, alone or corporation jointly with another. Every such contract shall be null and void. (2) No trustee shall receive payment for any work done for or materials supplied to any person in connection with -any contract awarded or purchases made by the board while ;such trustee was a member of the board. (3) A trustee violating the provisions of this section J-enaity ^hall ipso facto vacate his seat and it shall be the duty of the remaining trustees to declare his seat vacant and forthwith to call a meeting of the ratepayers to elect a trustee in his -place. (4) A trustee violating the provisions of this section shall also be liable to a fine not exceeding $25 on complaint laid before a justice of the peace by any two ratepayers of the ■district. (5) Nothing in this section shall prevent a trustee receiv- ing remuneration from the board as secretary treasurer, janitor, assessor, collector, or for a school site, or for labour on minor repairs not exceeding ten dollars in any one year. 123. Any five or more ratepayers of the district may at ^™'c°u*t''o£ ^ny time : trustors for ^ neglect of duty (a) Upon their several affidavits disclosing facts from which it appears that a trustee is guilty of gross neglect of duty or negligently or wilfully fails to carry out the provisions of the school law; or that he is for any other reason whatever, which reason need not be of a nature similar to those herein specified, unfit to act as trustee ; and {b) Upon payment into court the sum of $15 as security for costs to abide the event of the application, apply to a judge of the district court of the judicial district within which such school district is wholly or mainly situated, for a summons calling upon such trustee to show cause why he should not be jemoved from office. 40 SCHOOLS jiuire's order (2) Where, upon a return of the summons, it is made tO' appear, by affidavit or oral evidence, that the accused trustee has been guilty of gross neglect of duty, or has negligently or wilfully failed to carry out the provisions of the school law, or that he is for any other reason unfit to act as trustee, the judge may order him to be removed from office and he shall thereupon become and be removed accordingly; or the judge may, upon such return, discharge the summons. In either event the judge may make such order as to costs as to him may seem meet. Election to Fill Yacancies. Time of 134. When a vacancy is created in the board of a village election ^^, vuvsl district, it shall be the duty of the trustees remaining in office to call forthwith a special meeting of the ratepayers of the district to elect the number of trustees required to complete the board. Cor.auct oi 135. In rural and village districts the election of a trustee Md'yWe""' to fill a vacancy shall only be held at a special meeting called districts fp^ ^]^q purposc, and in the same manner as at the annual meeting except that nominations shall be received by the chairman for thirty minutes from two o'clock in the after- noon, and the poll shall remain open for two hours after nominations close. To-wn districts (2) In the event of a vacancy occurring in a town district it shall be the duty of the board forthwith to notify the city clerk or secretary treasurer of the town, as the case may be, of the vacancy, and the council shall thereupon proceed to hold an election to fill the vacancy in the same manner mutatis mutandis as in the case of a vacancy in the council : Provided that for good cause shown the minister may appoint a trustee to hold office until the next annual meeting. Term of c.Hice j[36. j^ trustcc elected to fill a vacancy shall hold office only tor the unexpired term oi the person m whose place he has been elected, and he shall within ten days after his election take the declaration of office provided for in section 33 of this Act. BOKEOWING POWEES OP DISTEICT. For Current Expenses. f™™/-.''^"' 137. The board of any town district, or of any rural district situated wholly or in part outside the limits of a municipality, may by resolution authorise its chairman and treasurer to borrow from any person, bank or corporation such sum of money as may be required to meet the expendi- tures of the district until the taxes for the current year are available. Such loan shall be repaid out of and shall be a first charge upon the taxes collected for the year in which the loan was made, and may be secured by the promissory note cxpe7ipe3 SCHOOLS 41 or notes of the chairman and the treasurer given on behalf of the board. (2) Where a rural district is situated partly outside a municipality the taxes to be charged with the loan shall be those levied in that part of the district lying outside the municipality. (3) The board of a district situated in a rural municipality To meet may borrow on promissory note under its corporate seal such "'"^°°' moneys as may be required for the payment of debenture coupons falling due during the year, and money advanced for the purpose shall be a charge upon any grants payable to the district at any time. (4) A board borrowing money under the preceding sub- Not.fltatiou section and the corporation or person by whom the loan was made shall forthwith notify the provincial treasurer and the department of education of the fact, giving particulars of the loan. Such notification shall be authority to the provincial treasurer to repay the loan out of any grant which may there- after become payable to the district. (5) In the event of the loan being repaid out of the ordinary funds of the district the board shall forthwith cause to be filed Avith the provincial treasurer and the department of education a statement from the corporation or person from whom the money was borrowed certifying the repayment of the loan and such statement shall cancel the authority of the provincial treasurer to repay the loan out of the grants. For Capital Expenditure. 138. The board of any district may borrow money on the i- or .-riiooi sit.s, security of the district for acquiring, extending or improving "' "^^^' a school site, or a site for a teacher's house; for acquiring, erecting, repairing, furnishing, equipping or adding to a school building or teacher's house; for fencing the school grounds ; for acquiring or erecting a stable and other neces- sary outbuilding; for purchasing vans for conveying pupils; or for any or all such purposes. (2) The board shall pass a bylaw for this purpose, which shall be in the form prescribed by the minister or to the like effect and shall be under the corporate seal of the district. (3) A copy of such bylaw shall be inscribed in the i^iiii-^te poP;Y^'s,^''["jj^''j^ book containing a record of the board's proceedings. (4) Xo moneys so borrowed shall be used for any purpose other than that stated in the bylaw. (5) The members of a board who vote for the diversion of debenture moneys shall be jointly and severally liable for the amount so diverted, which may be recovered by action at the suit of any ratepayer on behalf of the district. 1915, c 23, s. 128; 1917, c. IS, ss. 9 and 10. 42 SCHOOLS Kotace Form AdvcTtising 129. Within five days from the passing of the bylaw the board shall give notice of its intention to apply to the local government board for authority to borrow the amount specified in the bylaw and on the conditions therein set forth. (2) Every such notice shall be in the form prescribed by the local government board, and shall be given in village and rural districts by notices posted up in at least five widely separated and conspicuous places in the district, one of which shall be, the post office, and should there be no post office in the district a sixth notice shall be posted in the post office nearest thereto. (3) In town districts such notice shall be given by adver- tising same once a week for two successive weeks in a news- paper published in the district, or if there be no such news- paper, then in the newspaper published nearest thereto. Loans up to $1,200 Pomand of poU 130. If the amount to be borrowed under the bylaw is required for the purpose of erecting a first school house, or for that and other purposes, and does not exceed $1,200, no poll of the ratepayers shall be taken thereon : Provided that in case the said sum of twelve hundred dollars is insufficient to provide adequate school accommoda- tion for the purposes of the district, the local government board may on the recommendation of the Lieutenant Governor in Council authorise such further sum as may be necessary. (2) Otherwise, twenty ratepayers in a town district, ten in a village district and four in a rural district, may, within fifteen days from the posting of the notices mentioned in the next preceding section in village and rural districts, or within fifteen days from the insertion of the advertisement in town districts, demand a poll of the ratepayers for and against the bylaw, and such polls shall be held as hereinafter provided in sections 132 to 142 inclusive. of'ioan whBu l^^' ^^ the cvcut of a poll not being required or not being So poS heiT demanded as hereinbefore provided, the secretary of the board shall transmit to the local government board : 1. A certified copy of the bylaw ; 2. A certified copy of the notice provided in section 129 hereof and a statutory declaration providing posting of notices ; 3. A statutory declaration stating the assessed value of the assessable property in the district ; and upon receipt of these and upon being satisfied that the several conditions required by this Act have been substantially complied with, the local government board may in writing authorise the board to borrow the sum mentioned in the bylaw or a less sum, and shall publish notice of authorisation in The Saskatchewan Gazette. SCHOOLS 43 Proceedings when Poll Demanded. 133. In the event of a poll being demanded as provided Notice of pou by section 130, subsection (2), the board shall by resolution fix the time and place for holding the same, and shall give notice in form prescribed by the local government board, or i;o the like effect of such time and place by notices posted in -at least five widely separated and conspicuous public places throughout the district in rural and village districts, at least fourteen clear days before the polling, one of which notices shall be posted in the post office situated within the district, -and should there be no post office a sixth notice shall be posted in the post office nearest thereto. (2) In town districts such notices shall be given by adver- in town tising same once a week for two successive weeks in a news- '^""^'^ paper published in the district, or if there be no such news- paper then in the newspaper nearest thereto. 133. A certified copy of the bylaw and of the notice of ^"JJ^^^ti^/'^J^ ^polling shall be forwarded forthwith to the local government iocoi board by the secretary of the board. f,"!!™"^"' 134. The chairman of the board or some ratepayer appoint- Ej;turains J.- J.J. ouicer and -ed by it shall be returning officer, and the secretary oi the i»m cicrv. board or some ratepayer appointed by the returning officer - shall be poll clerk. 135. At the time and place appointed in the notice the evening poU returning officer shall declare the poll open and the poll clerk shall record the votes, as they are given, in the poll .book in form S in the schedule to this Act. 136. A copy of the notice of polling shall be kept in a con- r^st "<>'!« :spieuous place where the vote is taken. 137. Every ratepayer except the returning officer shain'"'"^ "be entitled to vote on the bylaw. 138. The returning officer shall admit any two ratepayers S"->itiiis"s who have respectively voted yea and nay into the polling place to act as scrutineers, and on demand allow either or both of them to see any vote recorded in the poll book. 139. The returning officer shall if requested by any ]',°'f^^/ation ratepayer, or of his own accord, require any person tendering a vote to subscribe to the declaration in form T in the schedule to this Act, and any person subscribmg to such declaration shall be permitted to vote. (2) Every such declaration shall be subscribed to in the Subscription presence of the returning officer and poU clerk who shall . subscribe their names as witnesses thereto. 44 SCHOOLS £ffiS"°°^ (3) All declartions made under the provisions of 11)6 next preceding subsection snail be retained by the returning omcer. li'^cord refusal to take ileclaratloii Penalty — false declaration Clo&ing poll Casting vote 140. If a person who desires to vote refuses or fails to- sign the declaration when required to do so, the poll clerk shall write in column headed "remarks" in the poll book the words "refused declaration," and the person so refusing shall at once leave the polling place and shall not be allowed to- enter again or vote. 141. Any person subscribing to a declaration in form T containing a false statement shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $10. 143. At the time appointed in the notice of voting the- returning officer shall close the poll, sum up the votes and declare the result. (2) In the case of a tie the returning officer shall give a. casting vote. Complaints re conduct of poll Returning ofHce.-'s returns to local govern- mc-nt board Proceedings before iustiui) of peace Gomplainis as to Conduct of Poll. 143. Should any ratepayer of the district make a com- plaint in writing to the returning officer within three days- next after the taking of the -poll, with regard to the manner in which the poll was conducted, the right- of any person to- vote or the result of the voting, the returning officer shall forthwith notify such ratepayer in writing of a time and place within seven days of the day of voting when he shall appear before a justice of the peace for a final recount of votes when all complaints which may have been made shall be heard. 144. In case no such complaint is duly lodged with the returning officer he shall, at the expiration of three days after the taking of the poll, forthwith forward to the local govern- ment board a statement of the result of the poll in town districts, and in other districts a certified copy of the poll book showing the total number of votes east for and against the bylaw and he shall make an affidavit which shall be- inscribed thereon that the poll was conducted throughout in the manner provided by this Act or with such exceptions as- he shall mention, that the returns contained therein are- correct and that no complaints as provided for by the next preceding section were received by him. 145. In the event of any complaint being made as afore- said the returning officer shall appear before a justice of the peace at the time and place appointed, shall deliver to- the justice the poll book and shall make an affidavit before the justice, which shall be written in or upon such book, that the election was conducted throughout in the manner provided by this Act or with such exceptions as he shall mention, and that the returns contained therein are correct. SCHOOLS 45 (2) The justice shall then receive and record in writing Complaints ■any complaint that may be made under oath by any person relative to the conduct of the voting, and shall examine into and decide such complaints by taking evidence under oath. 146. Before proceeding to the hearing of a complaint the security for justice shall require the complainant to deposit with him '""^ such sum, not less than $25 nor more than $100, as may seem Jiecessary to him to cover the cost of the hearing of the com- plaint which costs shall be paid according to the decision of such justice. 147. If it be found that the proceedings in taking the Piocoedins "if'lltinlly cgular vote have been irregular in any essential particular, and that ^^^^^""''""y injustice has thereby been done, the poll shall be declared null -and void and of no effect, and the justice shall forthwith for- ward to the department a full report to that effect. (2) If it be found that any vote has been cast by any conupt person not qualified to vote, or on account of bribery or p''''"^*'"^ intimidation it shall be struck off the poll book. 1-48. When all complaints have been heard and decided Ec-t;u-n ty -and the corresponding alterations duly made in the poll book, 'to^ioelJ'^ ^^""^ the justice shall finally sum up the votes cast, and shall e°^""™«°' forward to the local government board a return in form U in the schedule hereto, or to the like effect, showing the total number of votes taken and the number remaining on each .side after the recount. Debentures over $5,000 in Town Districts. 149. In town districts, where the amount to be borrowed ^;'^'"l.™1?^- -exceeds $5,000, the foregoing sections of this Act from 128 to i,.wn districts 148 inclusive shall not apply, but the following provisions, namely, sections 150 to 159, shall be substituted therefor. 150. After passing a bylaw authorising the loan, the .'Application board shall make application to the local government board, ^"vlmment in the manner provided by The Local Government Board Act, '^"•""'i for its consent to the loan. 151. Upon securing such consent, the board shall for- copy tyiiw ward to the municipal council of the city or town in which the school district wholly or partly lies a certified copy of the bylaw, with a request that the same shall be submitted to the -burgesses for their approval. 153. The council shall thereupon submit the same for Byi.-.w the approval of tbe burgesses, to be voted on m the manner provided in The City Act or The Town Act, as the case may be, with regard to bylaws creating debts. (2) For the purpose of such submission the council shall .have the same authority and jurisdiction for taking the votes 46 SCHOOLS' of the burgesses in that portion of the school district lying- outside the limits of the city or town, as the ease may be, as- it has for taking such vote within the limits. Qualification of voters 153. The persons entitled to vote upon the bylaw of a public school district shall be all the burgesses of the district who are public school supporters according to the last revised assessment roll of the municipality ; and, upon the bylaw of a separate school district, all the burgesses of the district who. are separate school supporters according to such roll. Cerlificati'on ot' poll 154. After the returning ofScer has made his return of the- number of votes cast for and against the bylaw respec- tively, the city clerk or the secretary treasurer, as the case may be, shall certify to the board the result of the voting, as shown by such return under his hand and the seal of the municipality. (2) The city clerk or the secretary treasurer, as the case may be, shall also without delay forward a similar certificate to the local government board. Expense 155. The expense of submitting a school debenture bylaw to the burgesses shall be paid by the board to the municipality, or it may be retained by the municipality from any funds which become payable by the municipality to the board. i^t municipal election 156. "Where a school debenture bylaw is submitted at the annual municipal election, the amount chargeable to the board shall be the extra disbursements caused by such submission. With munici- pal bylaws 157. "Where a bylaw is submitted at the same time as bylaws of the municipality, the amount chargeable to the board shall be a just proportion only of the total expense. jipportiorment 158. -Where the municipal council and the board disagree as to the amount or proportion of the expense to be paid by the board, the matter in difference shall be settled summarily by the local government board at the request of either party. Acts to apply Approval of 1^)U',1 g:ovornmeut board 159. All the "provisions of The City Ad or The Town Act, as the case may be, with respect to voting upon bylaws creating debts, scrutiny of the votes by the judge, and the quashing of bylaws shall in so far as not inconsistent with the provisions of this Act, apply mutatis mutandis to school debenture bylaws submitted to the burgesses. Approval, Limit, Duration and Form. 160. Upon receipt of the return mentioned in sections 144, 148 or 154 hereof, and upon being satisfied that the several conditions required by this Act have been complied with and in cases where a poll is held, that a majority of the ratepayers voting on the bylaw SCHOOLS 47 bylaw, the local government board may in writing aiathorise the board of trustees to borrow the sum mentioned in the bylaw or any less sum and shall publish notice of authorisa- tion in The Saskatchewan Gazette. (2) The board, by resolution or bylaw subsequent to the final passing of the bylaw and the authorisation of the loan by the local government board, may make such changes in the debenture bylaw as it deems expedient, providing that the term of the debenture is not altered. (3) The board may thereupon issue debentures to secure the amount of the principal and interest of the loan so authorised. (4) The debentures and the coupons shall be signed by the chairman and the treasurer and sealed with the corporate seal of the district. The signatures on the coupons may be printed, stamped, engraved or lithographed. (5) The debentures shall be signed by a commissioner of the local government board and impressed with the seal of .the board. (6) The debentures shall be entered in the debenture register of the department and when countersigned by the minister as provided in section 172 hereof shall be sufficient to bind the district and create a charge or lien against all school property and rates in the district. 161. The total face value of the debentures issued by a Limit of district shall not be for a greater sum than one-tenth of the iTersion ot moneys for current or other expenditure, the members of the "'""^'^ iDoard who vote for such diversion shall be personally liable for the amount so diverted, and the said amount may be recovered by the district by action against them in the supreme court. (2) The members .of the board who voted for the same Disquaiifica- shall be disqualified from being elected members of a board of school trustees or holding any municipal office for a period of two years, and in case the board upon request of any ratepayer refuses or neglects for one month thereafter to bring an action therefor in the name of the district, the action may be brought by any ratepayer on behalf of the •district. 169. If any of the moneys at the credit of the sinking investments fund account of a debt cannot be immediately applied towards repaying the debt by reason of no part therof being yet payable, the board, subject to the approval of the local government board shall from time to time invest the same in government securities, municipal or school debentures, •debentures issued under The Rural Telephone Act, or in first mortgage of freehold real estate to an amount not exceeding one-third of the sworn cash valuation of an independent appraiser, and from time to time as such securities mature may invest in other like securities. Temporary Loan on Debenture. 170. After authority has been given by the local govern- Temporary ment board in writing to the board of trustees in town '""" districts to borrow the sum of money mentioned in the by- law and after notice of authorisation has been published in The Saskatchewan Gazette, the board may by bylaw authorise the chairman and treasurer to raise from time to 50 SCHOOLS Pletlge of del:tntxires Begistration time by way of a temporary loan in anticipation of the issue- or sale of the debentures authorised by the bylaw and for the purposes thereby authorised such sums not exceeding in the aggregate eighty per cent, of the total principal sum authorised by the bylaw asthe- board deems expedient, and all such temporary loans shall be a special charge upon the debentures in respect of which such temporary loans were made. (2) The chairman and secretary treasurer shall have full power and authority to hypothecate and pledge such deben- tures as security for any such temporary loan on such terms- and conditions and at such rate of interest as may be agreed upon and approved by the local government board, and th& person making such temporary loan shall have the same powers, rights and privileges up to the extent of the amount of his claim as a bona fide purchaser or mortgagee of such debentures would have. (3) Any contract or agreement made by the board for the sale, transfer or hypothecation of any debentures or any interest therein, made before the board of trustees have been authorised to borrow the money represented by such debentures, as provided in section 160 hereof, shall be null and void. Begistration and Countersignature. 171. Every debenture before being issued shall be sent for registration to the minister who shall cause a proper record to be kept of the same. Munfersign''" ^"^^^ "^^^ minister shall thereupon, if satisfied that the requirements of this Act have been substantially complied with and if the authority to make the loan has not been withdrawn, register and countersign the debenture and such countersigning by the minister shall be conclusive evidence that the district has been legally constituted and that all the formallities in respect to such loan and the issue of such debenture have been complied with; and the legality of the issue of such debenture shall be thereby conclusively estab- lished and its validity shall not be questionable by any court in Saskatchewan but the same shall, to the extent of the revenues of the district issuing the same, be a good and indefeasible security in the hands of any bona fide holder thereof : Provided that the signature of the deputy minister on any debenture heretofore issued or hereafter to be issued shall be and is a valid and sufficient countersignature of such deben- ture by the minister. CONDUCT OP SCHOOLS. School Terms. Two terms I73, rpj^g g^j^^j^j ^^^^ ^j^^^ ^^^^^ ^^ ^-^^ g^.^^ ^^^ ^^ j^^^_ ary and end on the thirty-first day of December, and shall be divided into two terms ending the thirtieth day of June and the thirty-first day of December respectively. SCHOOLS 51 Hours. 1T4. School shall be held between nine o'clock and Sciiooi hours- twelve o'clock in the forenoon and half-past one o'clock and four 'clock in the afternoon of every day standard time, not including Saturdays, Sundays or holidays, but the board may alter or shorten the school hours upon receiving the permission of the minister. (2) Except in town districts, when an alteration from standard time of more than thirty minutes is proposed the minister may require that a petition to that effect be sub- mitted to the department signed by at least two-thirds of such resident ratepayers of the district as are parents or guardians of children attending school therein. (3) A recess of fifteen minutes in the forenoon and in the Kacess afternoon shall be allowed the children attending school. Vacations. 1T5. In every rural and village district where school is '^'"=*''»"* to be kept open during the whole year there shall be at least seven weeks' holidays, of which not less than one or more than six shall be given in summer, to be apportioned at the discretion of the board. The summer holidays shall commence on the second day of July and the winter holidays on the twenty-third day of December : Provided that upon receiving the approval of the minister the board may apportion the summer holidays at such time as it may select between the first day of July and the first day of October, and the winter holidays between the twenty-third day of December and the fifteenth day of February. (2) In every town district there shall be at least seven weeks' holidays, sis weeks of which shall commence on the second day of July and nine days on the twenty-third day of December. (3) Except in the case of districts in which the school is kept open less than two hundred days and such districts as have the longer vacation in the winter months in accordance with the provisions of the first subsection hereof, the week beginning Easter day shall be a holiday. (4) The board of any town or village district in which the school is to be kept open during the whole year may allow additional holidays not exceeding two weeks. (5) When a school is to be kept open during a portion of the year only, the board may give holidays not to exceed two weeks, such holidays to begin on the second day of July : Provided that upon receiving the approval of the minister the board may give holidays at such other time as it may select between the first day of July and the first day of October, 52 SCHOOLS (6) In the case of every rural district, it shall be the duty of the board on or before the first day of June in each year to notify the inspector of the district of the time when the school will be closed for holidays. Holidays. Holidays 176. Good Friday, Easter Monday, Victoria Day, Domin- ion Day, Thanksgiving Day, Christmas Day, New Year 's Day, and any day specially appointed as a holiday by the Governor ~ General, the Lieutenant Governor of Saskatchewan, the mayor of a city or town or the reeve of a rural municipality shall be holidays; and it shall be in the discretion of the board to allow any other holidays not exceeding one day at a time. (2) The board of any district may declare Ash Wednes- day, the birthday of tiae reigning sovereign, Arbor Day (second Friday in May) and Labour Day to be holidays. Language to he Used. ungulVof m- Except as hereinafter provided, English shall be the instruction solc language of instruction in all schools, and no language other than English shall be taught during school hours. (2) In the case of French speaking pupils, French may be used as the language of instruction, but such use of French shall not be continued beyond Grade I. and in the case of any child shall not be continued beyond the first year of such child's attendance at school. (3) When the board of any district passes a resolultion to that effect, the French language may be taught as a subject for a period not exceeding one hour in each day as a part of the school curriculum, and such teaching shall consist of French reading, French grammer and French composition. (4) Where the French language is being taught under the provisions of subsection (2) or (3) hereof, any pupils in the schools who do not desire to receive such instruction shall be profitably employed in other school work while such instruc- tion is being given. Religious Instruction. nSctfon l'?8- No religious instruction except as hereinafter pro- vided shall be permitted in the school of any district from the opening of such school until one-half hour previous to its closing in the afternoon, after which time anj' such in- struction permitted or desired by the board may be given. Sr/p'-ayM (^) ^^ ^^^^^' however, be permissible for the board of any district to direct that the school be opened by the recitation of the Lord's prayer. SCHOOLS 53 1T9. Any child shall have the privilege of leaving the Attendance not school room when religious instruction is commenced as pro- dSg rdfg- vided tor m the next preceding section, or of remaining with- '°^^ exercise out taking part in any religious instruction that may be given if the parents or guardians so desire. 180. No teacher, school trustee or inspector shall in any No pupil to- way attempt to deprive such child of any -advantage that it oloXIry might derive from the ordinary education given in such '"''''^''"°° school, and any such action on the part of any school trustee, inspector or teacher shall be held to be a disqualification for and voidance of the office held by him. Kindergarten Classes. _ 181. Kindergarten classes may be established in any town Ages and fees- district for the teaching and training of children between the ages of four and six years according to kindergarten methods, and a fee therefor may be charged not exceeding $1 per month for each pupil. Night Classes. 182. The board of any district may engage a qualified iw teacher and make necessary arrangements at the expense of """''""°*'^' the district for the maintenance of a night shcool : Provided that if the school is kept open for one month Pees a fee may be charged of not more than $2 per month for each month or portion of month that the pupil is in attendance. Manual, Industrial and Physical Training. 183. The board of any district, subject to the regulations Powers of of the department in that behalf, shall have power : 1. To make such provisions as it deems advisable for giving instruction in its schools in manual training, industrial train- ing, domestic science and physical training; 2. To make such provision as it deems advisable for indus- trial evening schools in which persons employed during the day may receive theoretical and practical instruction in the trades or occupations, with related instruction in English mathematics, drawing, science, history and geography; 3. To appoint an advisory committee of at least seven members, the persons so appointed to be resident ratepayers of the district and to be selected on the ground of competence to give advice and other assistance in the management of such classes or schools as may be established under the foregoing subsections. 184. Subject to the approval of the minister, the board Powers of shall have authority : ^"""^^ M SCHOOLS (a) To provide suitable accommodation and equipment for such schools and classes as may he established under clauses 1 and 2 of the preceding section ; (6) To prescribe subjects of study; and (c) To make provision for examinations and diplomas. Powers of ■board 185. The board shall have authority to employ and dis- miss teachers and fix their salaries ; to fix the fees payable by students in attendance; and to do aU things necessary for carrying out clauses 1 and 2 of section 183 according to their true object and intent with respect to any schools established thereunder. COMPULSORY EDUCATION. 186. Eepealed by 1918-19, c. 48, s. 15. Length of time -Bchoola to be .open J'roviso 187. In every district in which there are at least ten children between the ages of seven and fourteen years in- clusive residing within the limits of the district, it shall be the duty of the board to keep the school open at least two hundred teaching days during the year : Provided that in the ease of a newly organised district, this section shall not apply during the first year in which a school is in operation. 1915, c. 23, s. 187 ; 1917, c. 18, s. 12. Provision for 188. When the numbej of children between the ages of seven and fourteen residing within the limits of the district is insufficient to require the school to be kept open in accord- ance with the foregoing section and the board fails to keep the school in operation it shall be the duty of the board to make provision for the education of the children in accordance with section 214 hereof. 189. Repealed by 1918-19, c. 48, s. 17. .Special provision lespecting .closing 190. If for any cause the board of trustees of any district deems it inadvisable or inexpedient to keep its school open or otherwise provide for the attendance of the children at a public school as herein provided, it shall submit a statement of the facts to the minister who in his discretion shall have power to make such order with respect thereto as he may deem fit and it shall be the duty of the board to carry out the provisions of such order. Note. — Sections 191 to 197 inclusive except section 194a repealed; 1917, c. 18, s. 13. J-ttendance of 4deaf children 194o. Every deaf child between the ages of eight and fifteen years inclusive, certified by a physician as fit for instruction, shall attend for at least seven months in each year such school for the deaf as shall be determined by the minister. SCHOOLS 55 (2) A parent or guardian who refuses to allow any such •cliild under his care to attend a school for the deaf as herein provided shall be guilty of an offence and liable to a penalty not exceeding twenty-five dollars and costs. 1916, c. 24, .s. 10. TEACHER. Qualification. 198. No person shall be engaged, appointed, employed Trustees to ■or retained as teacher in any school unless he holds a valid ItdTachc?"" certificate of qualification issued under the regulations of the -department. (2) Any person not qualified under this section who con- duets a school or acts as teacher shall be guilty of an offence and liable on summary conviction, to a penalty not exceeding ^50, and in default to imprisonment for a term not exceeding one month: Provided, however, that no prosecution shall be instituted Tinder this section except by order of the minister. 1915, c. 23, ■s. 19S ; 1917, c. 18, s. 14. Engagement and Dismissal. 199. A teacher shall not be engaged or dismissed except Teacher must Tinder the authority of a resolution of the board passed at a i-oard meeting regular or special meeting of the board. 1915, c. 23, s. 199 ; 1916, c. 24, s. 11. 200. The contract entered into shaU be in a form pre-ro™of scribed by the minister, and such form may be altered or amended as may be mutualh' agreed upon by the contracting parties, provided such alteration or amendments are not in- consistent with any of the provisions of this Act or the regulations of the department. 201. The contract shall be deemed valid and binding if J-^^'JI^^ signed by the teacher and by the chairman on behalf of the board and duly witnessed. Payment of Teachers. 202. The salary of a teacher who has been actually ^'."^P^^^t;,™ •engaged in teaching in any district for four months or more salary continuously shall be estimated by dividing the rate of salary for the year as set forth in the teachers' agreement by 210 and multiplying the result by the actual number of teaching days the school has been in operation during the period of -the teacher's engagement: Provided however that if the salary stated in the teacher's I'roviso aoreement is given at a monthly rate the rate of salary for the year shall be deemed to be a sum equal to twelve times :the said monthly rate; 66 SCHOOLS Provided further that if a teacher has taught more than 210 days in any calendar year he shall be entitled only to a year's salary; Provided further that a teacher shall be entitled to salary for days upon which he is necessarily absent from school attending a teachers' convention or institute approved by the minister, not exceeding four days in any one calendar year; and for days during which the school is closed by order of a duly qualified medical practitioner or the board because of the existence within the district of an actual or threatened epidemic of disease, not exceeding thirty teaching days in the calendar year ; And provided further that notwithstanding anything herein contained the board of any district shall have power to enter into such contract with its teacher regarding the amount of salary to be paid as may be mutually agreed upon and set forth in the agreement provided herein. 'ag™men°" "' (2) Either party thereto may terminate the agreement for teaching between the teacher and board of trustees by giving not less than thirty days' notice in writing to the other party of his or its intention so to do. 1915, c. 23, s. 202; 1917, c. 18, s. 15. ba;:iry m cas. of sicknoss 203. Every teacher in case of sickness certified by a qualified medical practitioner shall at the termination "of his engagement be entitled to his salary during such sickness for a period not to exceed 20 days for the entire year, or in case the teacher is in charge for a shorter term than one year for a period bearing the same proportion to 20 that the number of teaching days during which he was in charge of the school bears to 210. 1915, c. 23, s. 203; 1917, c. 18, s. 16. Paymenc of salary 304. A teacher whose agreement with a board has ex- pired or who is dismissed by it shall be entitled to receive forthwith all money due him for his services as teacher while employed by the board. If such payment be not made by the board or tendered to him he shall be entitled to recover the full amount due and unpaid with interest in any court of competent jurisdiction. Tc.nching Discipline Time table Duties of Teacher. 305. It shall be the duty of the teacher : 1. To teach diligently and faithfully all the subjects required to be taught by the regulations of the department ; 2. To maintain proper order and discipline and to conduct and manage the school in accordance with the regulations of the department; 3. To keep in a conspicuous place in the school room a time table showing the classification of pupils, the subjects SCHOOLS 57 taught each day and the length of each class period ; and to submit such time table to the inspector for his approval on the occasion of his visit to the school ; 4. To keep the school registers in the prescribed form and Register accessible to trustees, officers of the board, inspectors and any other person authorised by the minister to examine them ; 5. To make such promotions from one class or grade to iromotious another as he may deem expedient subject to the ratification of the inspector at his next visit ; 6. To send monthly to the parents or guardian of each I'oiitiii, pupil if required by the board a report of the pupil's attend- "''"'" ance, conduct and progress; 7. To encourage the observance of Arbor Day by holding Arior t>ay suitable exercises, to take an interest in the cleanliness and tidiness of the school grounds and to secure the co-operation of trustees and parents in planting trees and shrubs about the school ; 8. To give strict attention to the proper heating, venti- sr.nitnry lation and cleanliness of the school house and to the con- sci'ooi"ioom dition of the outhouses in connection with the same and to report to the board any defect with respect thereto ; 9. To exercise vigilance over the school property, the ^^y^^?.* buildings, fences, furniture and apparatus so that they may not receive unnecessary injury and to give prompt notice in writing to the board of any such injury ; 10. To report to the board any necessary repairs to the ^^^^^J^ ihool buildings or furniture and any reqi drinking water, furniture or equipment ; school buildings or furniture and any required supply of fuel, "^""^^ 11. To see that the provisions of clause 13 of section 110 I'livies of this Act have been complied with and if not to report to the board and in ease of any neglect on the part of the board to notify the minister ; 12. To suspend from school any pupil for violent opposition So spend to authority or other gross misconduct and to forthwith ''"'^' ^ report in writing the facts of such suspension to the board which shall take such action with regard thereto as it may deem necessary; 13. To assist the board and its officers in making the pre- Kwurns to scribed return^ to the department and to furnish the secretary 'P""'^'^"' with the statement required in section 70 hereof; 14 To furnish to the minister, the inspector of schools, the Give board or any person appointed by the minister any mtor- ,-e school mation which it may be in his power to give respecting any- thing connected with the operation of the school or in any wise affecting its interests or character ; 58 SCHOOLS Gi"-e up property Attend meetings 15. To deliver up any school registers, school house key or other property of the district in his possession when required by a written order of the board ; 16. To attend all meetings of the teachers called by the principal or superintendent of schools. Trincipal and Assistants Duties of Principal. 306. In every school in which more teachers than one are employed the head teacher shall be called the principal and the other teachers assistants. 207. The principal shall prescribe with the concurrence of the board the duties of the assistants and shall be re- sponsible for the organisation and general discipline of the whole school. M<(. tings subject to regulations Teachers' Associations. 308. Any number of teachers may organise themselves into an association and subject to the regulations of the department may hold conventions and institutes for the purpose of receiving instruction in and discussing educational matters. SCHOOL AGE. School age 309. In rural and village districts every person between the ages of five and twenty-one years, and in town districts between the ages of six and twenty-one years, shall have the right to attend the school. Veen for pupils aboTe grade VIII FEES. 210. Except where otherwise herein provided no fees shall he charged by the board of any district for the attend- ance of a child whose parent or lawful guardian is a taxpayer of the district. (2) In case such parent or lawful guardian is a nonresident of the district or is an occupant whose name is not on the last revised assessment roll and the amount of taxes last levied in respect of the property owned or occupied is less than $15 the board may demand a fee for the school year equal to the difference between the said sum of $15 and the amount of such taxes and for a portion of the school year a proportionate part of such fee. (3) If the board of a district maintains one or more de- partments in its school exclusively for pupils above Grade VIII, as defined from time to time by the regulations of the department, it may charge the parent or lawful guardian of any pupil in attendance at amy such department a fee not exceeding $9 for the first term and $6 for the second term in SCHOOLS 59 any year, if such parent or lawful guardian is a resident taxpayer of the district; and, in case such parent or lawful guardian is not a resident taxpayer of the district, a fee not exceeding $13 for the first term and $8 for the second term; and all such fees shall be payable at such times and in such amounts as may be determined by the board. EDUCATION OF NONRESIDENT CHILDREN. 211. A person living in an area not organised into a school i^ppiicatioa for ■district may apply to the board of any district for the admis- of'Sr" « ^lon to the district school of a child of which he is parent or '" unorg-'iuiseii guardian, and it shall be the duty of the board to admit such "'"'^^ -child. (2) The board may require that the application for admis- inspector's sion be accompanied by a statement from the inspector of >cqS' -the district that the accommodation of the school is sufficient for the admission of the child. (3) The parent or guardian of such pupil shall pay fees as Kees provided by the board, but such fees shall not exceed seven -cents per day per family which fee shall be payable monthly in advance and shall be calculated according to the number •of actual teaching days in each month. (4) The board may admit children to the school from any ■district, subject to the provisions of subsections (2) and (3) lereof. 312. The parent or lawful guardian of any child residing Residnnt -within the limits of any district, and who is not a taxpayer '^^'•""J"" thereof may send his children to the school operated within the district subject to subsection (3) of section 211 hereof. 213. Any person not living within a district may apply Ar.iii.niicn of to the board of any district to have his property, if not i'™rpror"erty'' already included in any other district, assessed in such dis- os&essed trict to secure the advantages of education for his children, and in such case, on the report of an inspector that the -accommodation of the school room is sufficient for the ad- mission of the children of such person, the board shall receive such application and cause the said property to be placed on the assessment roll of the district, and such property shall Temain liable to assessment in such district until a new district is established including the said property; and for the pur- pose of enforcing payment of taxes and of all remedies there- for the said property shall be deemed to be within the school district on the assessment roll of which it is placed. (2) Whenever the property of any person is placed on the Notice to assessment roll of the district under the provisions of this "^ ''P='""«nt section the board shall notify the department giving the name ■of such person and a description of such property. 60 SCHOOLS Agreement boards for education o. children of another tlifctrict I'otition Torification CONVEYANCE OF SCHOOL CHILDREN. From One District to Another. 314. Upon a petition hereinafter provided for being transmitted to the minister, he may empower the board of any rural district to enter into an agreement with any other board or boards for the education of the children of its. district upon such terms as may be mutually agreed upon and approved by him, and the first mentioned board shall have full power and authority to make provision for the carrying out of the terms of the agreement and for the con- veyance of the children to and from school out of funds of the district : Provided that any such agreement may be terminated by any board party thereto by giving notice on or before the first day of October in any year, and upon such notice being given the agreement shall cease and determine on the last day of the month of December following. (2) The petition for permission to enter into such an agreement may be in form prescribed by the minister, and shall be signed by at least two-thirds of such resident rate- payers of the district as are the parents or guardians of children between the ages of five and sixteen years inclusive. (3) The statements contained in the petition shall be veri- fied by the afiBdavit of two of the subscribing petitioners and the signatures of the resident ratepayers signing the petition shall be verified by the affidavit of a subscribing witness thereto. (4) In case a district is formed under the provision of subsection (4) of section 13 hereof it shall be the duty of the board of trustees to provide for the expense of conveyance to and from school once a day each way of the children of school age of resident taxpayers. Within the School District. Cost of 315. A board may make due provision subject to the regulations of the department in that behalf for the proper conveyance of the school children resident within the district to and from school, and it shall have power to provide -for the cost of such conveyance in the same manner as is provided for the other expenditures of the district. (2) The secretary of every district in which provision is made as aforesaid shall forthwith notify the minister. Provisions of fonveyancfs 316. It shall be the duty of the board of every school district formed under the provisions of subsection (3) of section 13 or clause (d) of the first subsection of section 54 of this Act to provide for the expenses of the conveyance to and from school once a day each way of all pupils being the SCHOOLS 61 children of resident taxpayers whose residence is distant therefrom more than one and one-half miles as measured by the nearest road allowance. 317. Subject to the approval of the Lieutenant Governor Regulations in Council, the minister may make regulations for the proper *°'' "^^J '''"'« conveyance of children and for the keeping of proper records of the number of children conveyed, the distance travelled, the cost of conveyance and such other information as may be desired COXTAGIOUS AND IXFECTIOUS DISEASES. 218. No child or other person suffering from or conva- lescent from any of the following diseases, viz. : smallpox, scarlet fever, diphtheria, diphtheritic croup, membranous croup, measles, German measles, whooping cough, chickeupox, mumps, eerebro-spinal meningitis, cholera, typhoid, plague, glanders, anthrax, pulmonary tuberculosis (consumption), trachoma, and no child or other person residing upon the premises where any of the above mentioned diseases are located or who may have resided upon such premises up to Avithin a week prior to the onset of the disease shall be allow- ed to attend any school established under this Act without written permission from a medical health officer or the com- missioner of public health. (2) "Whenever a case of any of the above mentioned diseases develops in any house, an occupant of which attends school, the householder shall within eighteen hours after the existence of such disease becomes known, notify the teacher and the medical health officer. (3) When a board of health or naedical health officer knows of the existence in a household, any member of which attends school, of any of the above mentioned diseases, such board or officer shall at once notify the teacher. (4) When a teacher has reason to suspect that a pupil has or that there exists in the home of a pupil any of the above mentioned diseases he shall forthwith notify the medical health oflicer, the chairman of the board and the parent or guardian of such pupil in order that an inquiry may be made and such pupil shaU not attend school untU medical evidence is obtained to the effect that no such disease exists. (o) Whenever necessary the medical health officer of any localitv may require a certificate or other evidence of satis- factory vaccination for smallpox to be presented by every pupil attending any school established under this Act and every pupil who refuses to produce such certificate or evi- dence on demand may be excluded from such school during the whole time of his refusal or neglect. (6) In case of the prevalence of an epidemic of disease, if there is no medical health officer for the locality, a board of 62 SCHOOLS trustees may by resolution order tlie school to be closed, and in such case the secretary shall forthwith notify the minister and the commissioner of public health. Closing ol schools 319. When the commissioner of public health or munici- pal board of health considers it necessary to order the closing of a school for the purpose of preventing or checking the spread of any contagious or infectious disease the board of trustees of the district or the persons in charge of such school shall not admit any pupil into it until they have received permission from the commissioner or municipal board of health to reopen school. FiilSlmonl of contracts PENALTIES AND PROHIBITIONS. 220. In case a board wilfully neglects or refuses tO' exercise the corporate powers vested in it by the Act for the fulfilment of any contract made by it, every member of the board shall be personally responsible for the fulfilment of such contract unless he shows to the satisfaction of the court or a judge that he made reasonable efforts to have the board carry out its contract. miS °' 231. Should the board of any district wilfully contract liabilities in the name of the district greater or other than as provided or allowed by this Act or appropriate any of the Unauthorised moueys of the district for purposes other than are provided or contracts allowcd by this Act the treasurer of the district or some other person authorised by the minister may recover as a debt in a court of competent jurisdiction from the members of the board who voted for or sanctioned such illegal action jointly or severally, the sum for which the district has been rendered liable through the action of such trustees over and above the amount so provided by this Act, in addition to the total amount of any moneys that have been misappropriated by such trustees. Trnetee forbldrlen to it< t in certain cases 221a. No person who has been elected a trustee under the provisions of this Act shall act as such unless and until he shall have made and subscribed the declarations and taken and subscribed the oath of allegiance required hereunder. (2) Any person contravening the provisions of this section shall be liable on summary conviction to a penalty not exceed- ing $100. rr'Kgis?"' 3^ 2- I^ ^^J trustee knowingly signs a false report or if any teacher keeps a false school register or knowingly makes a false return, he shaU be guilty of an offence and liable on, summary conviction to a fine not exceeding $20. dltentkm of ^^^- A^J" trustee, officer or employee of a district who P}..perty of after ceasing to hold office detains any money, book, paper or thing belonging to the district, shall thereby incur a penalty district SCHOOLS 63 not exceeding $20 for each day during which he wrongfully P^aWy retains possession of such money, book, paper or thing after having received notice in writing from the chairman of the board or from the minister, requiring him to deposit the same in the hands of some person mentioned in such notice. (2) Any trustee, ofScer or employee of a district who refuses, neglects or fails to perform any duty imposed on him by this Act shall be liable to a penalty not exceeding $50. (3) Any person required by this Act or by the regulations made thereunder to furnish information or make return or statement in writing to the department or to perform any act or duty, who refuses or neglects to furnish such informa- tion or make such return or statement or perform such act or duty shall be guilty of an offence and liable to a penalty not exceeding $50. 1915, c. 23, s. 223 ; 1917, c. 18, s. 17. 324. Any returning oiScer of a district or proposed Misconduct district, acting under the provisions of this Act, who shall oLef""'"^ knowingly and wilfully prejudice the result of any voting by preventing votes from being taken or by taking unlawful votes, or by altering returns or books in any way, or by any other means, shall be liable to a penalty not less than $10 and not exceeding $100. 335. Any person who wilfully disturbs, interrupts or Pen.iity for disquiets the proceedings of any school meeting authorised to school '"/ be held by this Act, or wilfully interrupts or disquiets any Di'-'e''»g3 school established and conducted under its authority by rude or indecent behaviour or by making a noise, either within the place where such school is kept or held or so near thereto as to disturb the order of exercises of the school, shall be guilty of an offence for which he shall forfeit for the use of the district within which the offence was committed a sum not exceeding $20. 326. Any person who subscribes to any statement, de- Penalties for ,,. , 11 -I J. --uji- I, false statement claration, return or other document prescribed herein or by in returns the minister under the provisions hereof, and therein wilfully and knowingly makes any false statement, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $25. 337. No pupil shall bring to the school premises explosives or firearms and any parent or guardian allowing his child to do so shall be guilty of an offence and liable on summary con- viction to a fine not exceeding $20. 338. Any trustee or official of a district whose duty it is Penalty to give the notice calling an annual or other meeting of the ratepaj'ers as required herein, who fails to give such notice, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $5. 64 SCHOOLS 228a. A teacher, trustee or other person who uses or causes to be used an unauthorised text or reference book, either in the place of or to supplement an authorised text or reference book upon the same subject shall be guilty of an offence and liable to a penalty not exceeding $10 : Provided, however, that tio prosecution shall be instituted under this section except by order of the minister. 1917, c. 18, s. 18. Teacher not 339. A tcacher shall not hold the office of a school trustee to be trustee .^ ^-^^ district in which he is employed as teacher. No officer shall 330. No trustee, teacher or officer of a school district shall comrafssion reccive payment or other compensation directly or indirectly for sales ^g ^^gg^^ fgp ^-^ig g^ie of any furniture, apparatus or equipment or other merchandise whatsoever for the use of any school district in which he is trustee, teacher or officer. (2) No person or corporation shall employ as agent for the sale of such merchandise any such trustee, teacher or officer. (3) Any person violating the provisions of this section shall be liable to a penalty not exceeding $50. Recovery 331. All fines, penalties and forfeitures mentioned in this of fines ^^^ j^gy ^g recovered and enforced with costs on summary conviction before a justice of the peace. Application 333. All moucys accruing from fines or penalties under pena les ^^^^^ ^^^ shall unless otherwise provided belong to the general revenue fund of the province. ORDERS. Order not to 333. No Order purporting to be made under this Act for irregularity and being within the powers conferred thereby shall be deemed invalid on account of noncompliance with any of the conditions required by this Act as preliminary to such order ; and no misnomer, inaccurate description or omission in any such order shall in any wise suspend or impair the operation of the Act with respect to the matter so misdescribed or omitted. Correction of 334. Any misdescription or other error in any order Older, etc. made by the minister or in any order or proclamation issued made by the Lieutenant Governor in Council under the provisions of this Act or under the provisions of any other Act respecting schools at any time in force in Saskatchewan may be corrected and confirmed with such correction as of the date on which it was made or issued by the minister by any subsequent order. SCHOOLS 65 MISCELLANEOUS. 335. The minister may by ordet, notice of which shall be published in The Saskatchewan Oazeiif, declare that for the purposes of this Act any district shall be deemed to be a rural, village or town district as the circumstances may require, and thereafter all the provisions of this Act relating thereto, as the case may be, shall apply. 336. All school districts heretofore erected or purporting Confirmation : so to be are hereby confirmed as districts legally established ai6tricts!"etc. , under this Act with any alterations of boundaries made or ■purporting to have been made, and all debentures issued by the trustees or commissioners of any such school districts are hereby confirmed and declared to be legal and valid charges upon the school property and rates of the districts issuing the same, notwithstanding any defect or irregularity in any proceeding in respect of or preliminary to the erection of : such districts or alterations of the boundaries thereof or the issuing of such debentures. 337. The following Acts are hereby repealed : '^^ta repealed The Revised Statutes of Saskatchewan 1909, c. 100. 1 George V, 1910-11, c. 26. 2 George V, 1912,. c. 32. 3 George V, 1912-13, c. 35. 4 George V, 1913, c. 49. 5 George V, 1914, e. 16, s. 3. SCHEDULE. FORM A. (Section 14 (2)) TETITION for 0KGANIS-4.TI0N OF ScHOOL DISTRICT. (1) It is proposed that the boundaries of the district shall include the following lands, namely : (2) The number of persons actually residing within the proposed district who on its organisation will be liable to be .assessed for school purposes is (3) The number of children between the ages of five and sixteen years inclusive actually residing within the proposed ^district is (4) The number of acres of assessable land in the proposed dis 66 SCHOOLS (5) The total value of the assessable property within the proposed district is (6) A suitable -school site can be obtained at the centre of the district. (If this is not the case state reason why eenral site is unsuitable.) We, the undersigned school committee, hereby certify that the above statements are true and that the plan of the pro- posed district accompanying this petition contains all the information called for by section 14 of The School Act. Dated this day of 19 . , Committee. Secretary P.O FORM B. (Section 15) Notice to Trustees. To the secretary of The School District No. of Saskatchewan. Take notice that eight clear days after the date of this notice the undersigned- committee will apply to {minister or council) for approval of boundaries of a proposed district as indicated on the attached plan and that the said proposed district includes the following lands now within the limits of your district, namely : Dated this day of 19 Committee. Note. — This notice must clearly indicate to whom appli- cation will be made. If to the council of a rural municipality the name and number of same must be given. FORM C. (Section 13 (3)) ■ Notice to Ratepayer. Take notice that eight clear days after the date of this notice the under'signed committee w\\\ apply to (minister or SCHOOLS 6T council) for approval of boundaries of a proposed district which includes your land. A plan of the proposed district has been delivered to the secretary of your board of trustees. Dated this day of 19 . Committee. Note. — This notice must clearly indicate to whom the application will be made. If to the council of a rural muni- cipality, the name and number must be given. FORM D. {Section 21 (2)) Approval of Boundaries of Proposed School District. This is to certify that the boundaries of a certain proposed district have been considered and that it has been decided that the said district shall include the following lands, namely: {here insert a description of the lands giving the sections, parts of sections, townships, range and meridian).. Dated this day of 19 . Reeve. Secretary. Name of Municipality. FORM E. {Section 25 (5) ) First School ]Meeting. Public notice is hereby given that the first school meeting for the organisation of the undermentioned lands into a new school district and for the election of trustees will be held on the day of 19 , at The meeting will" be called to order at 2 o'clock in the afternoon (standard time). The poll for voting for and against the district shall remain open only one hour. Ten minutes will be allowed for nominating trustees. The poll for trustees shall remain open thirty minutes. The boundaries of the district proposed to be voted upon €8 SCHOOLS include the following lands: {here insert a description of the lands giving the sections, parts of sections, township, range and meridian). Date of posting this notice : The day of 191 School Committee. FORM F. (Sections 25 {4) and 31) Proof of Posting of Notices foe First School Meeting. "We, the undersigned, hereby certify and declare that the copies of notice attached hereto were posted up by us eight clear days before the day of the first school meeting held in the proposed school district described in the said notice. Signatures of persons Places where notices were posted who posted notices. No. Sec. Tp. Rge. Mer. (1) (2) (3) (4) (5>) (6) . . .Pos t Office. FORM G. (Sections 26 (2), 27 (1) and 31) Declaration of Resident Ratepayers. Proposed School District of Saskatchewan General location : Township range west of the meridian. The undersigned severally declare, each for himself or herself, that he or she is of the full age of twenty-one years, that he or she actually resides within the above mentioned proposed school district, and that he or she (or his or her wife or husband) has resided therein and owned or been the SCHOOLS 69 occupant of assessable property therein for a period of at least two m onths immediately prior to this date. Signatures of resident Property owned or occupied ratepayers Sec. Tp. Rge. Mer. Witnesses to the above signatures : Chairman. Secretary. Dated this day of 19 FORM H. (Section 29 {2)) Poll Sheet for Organisation of District. Names of resident ratepayers In favour of district Opposed to district Note.—li the ratepayer declares he is in favour of the dis- trict an X should be entered opposite his name in the second column, if he is opposed to the district the cross should appear in the third column. FORM I. {Section 30 {?)) Poll Sheet for Election of Trustees. Names of resident ratepayers Names of persons nominated Note. — Each ratepayer has the right to vote for three trustees, an X Should be placed after his name and under the name of each person he votes for. 70 SCHOOLS FORM J. {Section 46) Public Notice. Public notice is hereby given that the Trustees of The School District No. of Saskat- chewan have made application to (here state to whom applica- tion has heen made) for approval of a school site for the said district situated as follows: (here describe the proposed site). Dated this day of 19 Secretary. FORM K. {Section 48 {2)) Approval of School Site. This is to certify that the following has been approved as a school site for The School District No. •of Saskatchewan. Dated this day of 19 FORM L. {Sections 14 {3) and 54 {2) ) This is to certify that all the resident ratepayers of tlie lands affected and the boards of trustees of the school districts -affected by the proposed rearrangement of boundaries of the school districts in township range west of the meridian as submitted for your appro'S al and shown on the attached diagram have been duly notifi-3d in accordance with the provisions of The School Act. Dated this day of 19 Signature of Applicant. Note. — This certificate should accompany the application for an alteration or petition for a new district when the same includes lands already within the boundaries of an organised district. SCHOOLS 71 FORM M. {Section 54 (.3)) Notice to Trustees. To the secretary of The School District ^^- of Saskatchewan. Take notice that eight clear days after the date of this motice the undersigned will make application to {minister or ■council) for approval of an alteration in the boundaries of your district as indicated in the attached plan. Dated at this day of 19 . Signature of Applicant. Note. — This notice must indicate clearly to whom the ap- plication is made. If to the council of a municipality the name and number must be given. FORM N. {Section 54 (a)) ''■ Notice to Ratepayers. Take notice that eight clear days after the date of this notice the undersigned will make application to {minister or -council) for approval of a certain proposed alteration in the boundaries of The , School District No. of Saskatchewan, which affects your land as shown by a plan filed with the secretary of your district. Dated at this day of 1!) Signature of Applicant. Note. — This notice must indicate clearly to whom the ap- plication is made. If to the council of a municipality the name and number must be given. FORM 0. {Section 55) Appro VAi. of Alter.\.tion in the Boundaries of School District. This is to certify that the council of the undermentioned municipality, having considered an application for the altera- tion of the boundaries of The School District jjq of Saskatchewan and being satisfied that the 72 SCHOOLS provisions of The School Act have been complied with and having given all parties concerned an opportunity to be heard has decided that the said district should be altered so as tO' include the following lands, namely : Dated at this day of 19 . Reeve. Secretary. Name and number of municipality. FORM Q. {Section 78) ^ Poll Book. Election of Trustees for The No. Date of Poll of Saskatchewan. ; Poll opened School District Poll closed Name of voter Person voted for Eemarks FORM R. {Section 81) Poll Record. Election of Trustees for The No. of Saskatchewan. Date of Poll ; Poll opened Chairman. School District ; Poll closed Name of candidate Votes A.B. 1 1 etc. 1 CD. 1. 1 etc. 1 Chairman. SCHOOLS FORM S. {Section 135) Poll Book. Vote on debenture bylaw submitted to the ratepayers of School District on the day of 19 1 oil ope n^djitj^o 'dock a.m.; Poll closed at 4 o'clock p.m! 73 Name of voter Record of votes For bylaw Against bylaw Remarks Totals Returning Officer. FORM T. (Sections 139 and 141) The School District No. of Saskatchewan. The undersigned severally declare each for himself that he is of the full age of twenty-one years and that he has owned or been occupant of assessable property within the above named district for a period of at least two months immediately prior to this date and that his name appears on the last revised assessment roll for the district. Names Property owned or occupied Witnesses to the above signatures : Chairman. Secretary. Dated the day of 19 . Note. — Strike out the words in italics if no assessment has been made. 74 SCHOOLS FORM U. (Section 148) I, the undersigned justice of the peace in and for Saskatche- wan, having received the poll book used to record the votes taken at the meeting held in the (give name of school district in full) on the day of 19 , on the question of the issue of debentures on the security of the said district and, haviug heard all complaints relative to the conduct of the voting beg leave to submit the following return of votes. Total No. of votes taken No. of votes on each side after the recount For Against For Against Dated at this day of J.P. 19 FORM V. (Section 164) $ Debenture No. School District No. of Saskatchewan. The board of trustees of the School District No. of Saskatchewan promise to pay the bearer of this debenture at the sum of dollars of lawful money of Canada in equal consecutive annual instalments with interest at the rate of per cent, per annum on the terms and in the amounts specified in the coupons attached hereto. Dated this day of 19 SEAL I Chairman. Issue authorised the Local Government Board. Treasurer. Registered and counter- signed this day of 19 Chainth Deputy Minister of Education. SCHOOLS 75 COUPON. Coupon No. Debenture No. The board of trustees of the School District No. of Saskatchewan will pay to the bearer at the at on the day of 19 , the sum of dollars being the instalment of principal with the total interest at the rate of per cent, per annum due on that day on school -debenture No. issued by the said district. Chairman. Treasurer. FORM W. {Section 164) :$ Debenture No. School District No. of Saskatchewan. The board of trustees of the School District No. of Saskatchewan promise to pay the bearer of this debenture at the sum of dollars of lawful money of Canada with interest at the rate of per cent, per anmim, the said payment to be made annually in equal payments of principal and interest combined as specified in the coupon attached hereto. Dated this day of 19 [seal] Issue authorised the Local Government Board. Chairman. Chairman. Treasurer. Registered and counter- signed this day of 19 Deputy Minister of Education. COUPON. Coupon No. Debenture No. The board of trustees of the tecnooi District No. of Saskatchewan m'iU pay to the ■u „i on the day ''T''^''' 19 , the sum of dollars beino' the instalment of principal and mterest due on that date on debenture No. issued by the said district. Chairman. Treasurer. SCHOOLS FORM X. {Section 164) $ Debenture No. School District No. of Saskatchewan. Under the authority of The School Act and of bylaw j<[q of School District I^Q of Saskatchewan passed on the day of 19 , tho board of trustees of the saicl school district promise to pay the bearer the sum of dollars of lawful money of Canada {or pounds sterling as the case may be) with interest at the rate of per cent, per annum, on the day of 19 , and to pay the bearer the amount of each of the several interest coupons hereto attached as the same shall respec- tively become due. [SEAL^ Chairman. Treasurer. j Eegistered and counter- Issue authorised the Local signed this Government Board. , day of 19 ^„ . I Deputii Minister of Chairman. i t^tj . i- J Education . COUPON. Coupon No. Debenture No. The board of trustees of the School District No. of Saskatchewan will pay to the bearer at on the day of 19 , the sum of dollars. {or pounds sterling as the case may he) Chairman. Treasurer. FORM Y. {Sections 30 and 73) Deciakation re Naturalisation. I, A. B., do solemnly declare : as^'to'natu"- 1. That I Em a British subject by birth {or naturalisation), alUatioa ^m That I have not resided in Saskatchewan for the period required by law to enable me to become naturalised but, upon the lapse of said period, I will forthwith make application to- become a naturalised British subject. SCHOOLS 77 And I make this solemn declaration conscientiously believ- ing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of The Canada Evidence Act. Declared before me at ) A. B. this day of f A.D. 19 . ) Chairman (or J. P. or Commissioner for Oaths.) FORM Z. {Sections 30 and 72) Oath op Allegiance. oath of allegiance I, A. B., do swear that I will be faithful and bear true allegiance to His Majesty King George V {or reigning sover- eign for the time being), his heirs and successors. In the case of persons who are not British suhjects by birth, add the following: and that I renounce and abjure all allegiance and fidelity to every foreign prince, potentate, sovereign, state or govern- ment, and particularly to {here name the prince, potentate, sovereign, state or government of which the deponent is or was previously a citizen or subject.) So help me God. Sworn before me at / this dav of >■ A. B. A.D. 19 . \ Chairman (or J. P. or Commissioner for Oaths.) THE SCHOOL ASSESSMENT ACT Being Chapter 25 of the Statutes of 1915 as amended by Chapter 25 of the Statutes of 1916, Chapter S3 of the Statutes of 1917 {sess. 2), and Chapter 49 of the Statutes of 1918-19.' SHORT TITLE. 1. This Act may be cited as "The School Assessvient Short title Act." 1915, c. 25, s. 1. INTERPRETATION. 2. In this Act unless the context otherwise requires: interpretation 1. All words, names and expressions except the expression "minister" shall have the same meaning as is expressly or impliedly attached to them by The School Act; 2. The expressions "secretary" and "treasurer" shall include ' ' secretary treasurer ' ' ; 3. The expressions "board", "assessor", "secretary" and "treasurer" shall- include an official trustee appointed under . the provisions oi The School Act; 4. The expression "minister" shall mean the minister of municipal affairs for Saskatchewan; 5. "Judge" means a judge of the district court of the judicial district in which the school district is wholly or mainly situated ; 6. The word ' ' municipality ' ' shall include a city, town, village, or rural municipality. 1915, c. 25, s. 2. ASSESSOR. 3. The assessment in any district referred to in clauses Assessor (a), (b) or (c) of section 4 hereof may be made by the ■ board or any person appointed by it as assessor for the district. (2) Any member of the board may be appointed assessor. T™stee may \ y uG Assessor (3) The expression "assessor" in any part of this Act interpretation relating to rural districts shall mean the board or the assessor, accordingly as the assessment is made by the board or an assessor. 1915, c. 25, s. 3. 80 SCHOOL ASSESSMENT ASSESSMENTS IN RURAL DISTRICTS. 4. The following sections, numbers 5 to 24 both inclusive, shall apply: (a) To rural districts no part of which is included M'ithin the limits of any rural municipality; and (&) To such portions of riiral districts as are nat included within the limits of any rural munieipa- ^,^ lity. 1915, c. 25, s. 4; 1917 (sess. 2), c. 33, s. 2. Erainptions 5. In every rural district the property exempt from assess- ment and taxation shall be: 1. The interest of the Crown in any property, including property held by any person in trust for the Crown; 2. Property specially exempted by law or held for the public use of the Government of Saskatchewan; 3. All lands held by or in trust for the use of any tribe of Indians ; 4 The land to the extent of three acres held by or for the use of any school district erected under The School Act; 5. The land to the extent of three acres held by or for the use of any church and occupied by a building used for church purposes; 6. The land in use as a public cemetery not exceeding twenty-five acres; 7. All land belonging to an incorporated municipality when held for the public use of such municipality ; 8. The buildings and grounds of agricultural societies organised under The Agticultural Societies Act; 9. All personal property and buildings and the increase m the value of the land by reason of its cultivation together with all crops growing thereon. (2) If any property mentioned in the first two para- graphs of the first subsection of this section is occupied by any person otherwise than in an official capacity, the occupant shall be assessed therefor but the property itself ?hall not be liable. 1915, c. 25, s. 5. Certain lands of soldiers and their wires exempt 5a. The land for which a soldier or his wife is assessed, to the extent of one quarter section occupied by him as a home at the time he was finally accepted for overseas service in the present war in the forces of His Majesty or any of the Allies of Great Britain, or which was at that time his home- stead within the meaning of The Dominion Lands Act, and an additional quarter section within the same or an adjoining school district, shall be exemp.t from taxation until the vear SCHOOL ASSESSMENT 81 following the discharge of the soldier, subject to the provi- sions hereinafter contained, but no such exemption shall extend beyond the year 1920. (2) A soldier who at the time of such acceptance resides with his father or mother on a farm, and is the owner of land in the same or an adjoining school district, shall be entitled to the benefits of this section in the same manner and to the same extent as he would have been if he had occu- pied such land as a home. (3) Should the soldier or his wife be assessed for more than one additional quarter section within the school district he or she or any person acting on his or her behalf may, by notice in writing to the secretary treasurer at any time before the completion of the assessment roll, select the quarter which is to be exempt; otherwise the secretary treasurer may make the selection. (4) The exemption above provided shall apply retro- spectively to the first day of the year in which the soldier was accepted in any of the forces above mentioned. (5) Where taxes have already been paid upon the land for any portion of the period limited in the preceding sub- sections, the amount thereof with the proportionate penalties, if any, shall be repaid by the district on demand and proof as' hereinafter set forth. (6) "When a soldier who has left Canada on military service if subsequently discharged, his right to exemption shall cease at the end of the year in which the discharge takes place and the district may resume the levy of taxes upon the exempted property the following year ; and soldiers already discharged shall be held to have lost the right to exemption under this section. (7) Should a soldier >vlio has been accepted for overseas service be subsequently discharged before leaving Canada then, in case such discharge takes place before the first day of July in any year, he shall forfeit his claim to exemption as from the first day of January in that year, but in ease such discharge takes place after the first day of July his right to exemption, if any, shall continue to the end of the year. (8) Such discharge shall be presumed to have taken place before the first day of July until the contrary is shown, and the board may require evidence of the contrary to be given by affidavit of some one who is personally acquainted with the facts or in any other manner that may be deemed satisfactory. (9) In case of the death of a soldier, the benefit of this section shall accrue to his personal representatives. (10) Application may be made to the board, by any person acting on behalf of the soldier or those who may be interested in his estate, to give effect to the provisions of this section in his or their favour, and the board shall proceed accordingly to do all things necessary for that purpose. 82 SCHOOL ASSESSMENT (11) In all cases the board may require evidence that the- person on whose behalf an application is made is entitled to the benefit of this section, such evidence to be given by affi- davit of some one who is personally acquainted with the facts- or in such other manner as may be deemed satisfactory. (12) For the purposes of this section a certificate purport- ing to be signed by the officer commanding the military district on the strength of which the soldier is carried or was carried at the time of his discharge or death, or by the director or official in charge of military records, department of militia . and defence, Ottawa, or a certificate purporting to be given by the war office, London, England, or by an official having charge of military records in Great Britain, shall be accepted by all courts, school boards, municipal and other officials as. evidence of the facts therein stated, and proof may be given, by such certificate of the death or discharge of a soldier and the date thereof or of the fact that he has not been discharged. (13) This section shall apply to land falling within its- terms only so long as the soldier or his wife or his or her personal representatives retain an assessable interest therein. (14) Notwithstanding anything herein contained, where land which would otherwise be exempt from taxation under this section is held by a tenant or occupant under lease or agreement with the owner, and cropped, the land shall be assessed to such tenant or occupant and he shall be liable for- the taxes but the same shall not be a lien upon the land. (15) No action to bring lands hereby exempted under forfeiture for nonpayment of taxes levied previous or subse- quent to the period of exemption, shall be commenced until the expiration of one year after the close of the war. (16) Subsection (14) of this section shall apply only where the acreage under cultivation exceeds 25 acres, and subject ta that qualification shall apply retrospectively as of the first day of January, 1918. 1917 (sess. 2), c. 33, s. 3; 1918-19, c. 49, s. 1. Assessment roll Assessment ■when owner unkno-vvn 6. As soon as may be in each year the assessor of the- district shall assess every person the owner or occupant of land in the district and shall prepare an assessment roll which may be in form A in the schedule hereto and in which shall be set out as accurately as may be : {a) Each lot or parcel of land and its assessed value ;. (5) The name of either the owner or occupant or both. (2) If the assessor does not know and cannot after reasonable inquiry ascertain the name of the owner of any unoccupied lot or parcel of land, the same shall be deemed to be duly assessed if entered on the roll with a note stating that the owner is unknown. SCHOOL ASSESSMENT 83^ (3) Land shall be assessed at its fair actual value exclusive of any increase of such value by reason of the expenditure of labour or capital. (4) "Where the holder of lands under a grazing lease or license from the Dominion government is taxed in respect of his occupancy, or of his beneficial or equitable interest therein, the value of such interest for the purpose of assessment and taxation shall not exceed $2 per acre. (5) Where an occupant of Dominion lands, holding such lands otherwise than under a grazing lease or license, is assessed in respect of his occupancy, his interest shall be assessed at its fair actual value, having regard to the value of the land. 1915, c. 25, s. 6; 1917 (sess. 2), c. 33, s. 4. 7. Where separate school districts have been established, Separate whenever land is held by two or more persons as joint tenants Issessmen^'of' or tenants in common, the holders being Protestants and J"'"' "w'K'rs Eoman Catholics, they shall be assessed in proportion to their interest in the land in the district of which they respectively are ratepayers. 1915, c. 25, s. 7. 8. A company may, by notice in that behalf to be given separate to the secretary of the board of any public school district comp°any'm"y''' in which a separate school has been established and to the ^^ assessed as- - ^ . . . supporter secretary of the board of the separate school district, require any part of the land of which the company is owner to be entered, rated and assessed for the purposes of said separate school, and the proper assessor shall thereupon enter the company as a separate school supporter in the assessment roll in respect of the land especially designated in that behalf in or by said notice, and so much of the land as shall be so designated shall be assessed accordingly in the name of the company for the purposes of the separate school and not for public school purposes, but all other land of the company shall be separately entered and assessed in the name of the company for public school purposes : Provided that the share or portion of the land of any Proviso ^^s^ to company entered, rated or assessed m any district for separate shares held in. school purposes under the provisions of this section shall ''"'"'=' bear the same proportion to the whole land of the company assessable within the district as the amount of the shares or stock of the company, so far as the same are paid or partly . paid up, held and possessed by Protestants or Roman Catho- lics, as the case may be, b^ars to the whole amount of such paid or partly paid up shares or stock. (2) Any such notice given in pursuance of a resolution J^^o^'^^^^t^ ^^ in that behalf of the directors of the company shall for all "" """""^ purposes be deemed to be sufficient, and every such notice so given shall be taken as continuing and in force and to be acted upon unless and until the same is withdrawn, varied or cancelled by a notice subsequently given pursuant to a resolution of the company or of its directors. S4 SCHOOL ASSESSMENT Notice open to inspection ^Traudulent jiotioes Penalty (3) Every such notice shall remain with and be kept on file in the offices of the secretaries receiving it and shall at all convenient hours be open to inspection and examination by any person entitled to examine or inspect the assessment roll. (4) False statements made in any such notice shall not relieve the company from rates, but any company fraudu- lently giving such notice or making false statements therein shall be liable to a penalty not exceeding $100, and any person giving for a company such a statement fraudulently or wil- fully inserting in any such notice a false statement shall be guilty of an offence and liable on summary conviction to the like penalty. 1915, c. 25, s. 8. -Assessment roll Notice to persons 9. Upon the completion of the assessment roll the assessor shall deliver the same to the secretary of the board. (2) The secretary shall mail to each person assessed whose address is known to him a notice of his assessment, which may be in form B in the schedule hereto ; and the entry of the date of the mailing of each such notice, together with the initials of the secretary on the assessment roll, shall be prima facie evidence of the mailing of such notice on the date entered without proof of the appointment or signature of the secretary, and the absence of such date and initials shall be prima facie evidence that the person's address is unknown. Assessment (3) No assessment shall be invalidated by reason of any fnyaMated by crror or misdescription in any assessment notice or by reason ^"notices"" °^ ^^^ nonreccipt of such notice by the person to whom it is addressed. Copy of roll ito be posted Date of posting may "be noted in roll •Correction of error in roll Notice to jpersons affected (4) After all the notices have been mailed the secretary shall post a copy of the roll at the school house, or, if there be no school house in the district, in some conspicuous place outside his residence, and shall keep the original roll at his residence open to inspection at any reasonable time. (5) The secretary may enter on the assessment roll the date on which the same is posted up and initial the same, and the entry of such date and initials shall be prima facie evidence of the posting of the roll on the date so entered without proof of the appointment of or initialing by the secretary. (6) If, at any time within two months after the posting of the roll, it is discovered that any person liable to assessment is not assessed or that there is an error in any of the particu- lars contained in the roll, the board may direct the secretary to enter the name of such person on the roll or correct the error. (7) In the event of any addition to or alteration or cor- rection of tlie roll under the next preceding subsection without the knowledge and consent of the person affected, a notice as required l)y subsection (2) shall be sent to such person SCHOOL ASSESSMENT 85- and for the purposes of this and the next following section the date of mailing such notice shall as respects him be deemed to be the date of posting the roll. 1915, c. 25, s. 9. 10. Any person who objects to his assessment may, within Appeal from fifteen days after the posting of the roll, appeal from such '■^^'""^''^ assessment by giving notice of such appeal in writing to the justice of the peace nearest the residence of the secretary, which notice may be in form C in the schedule hereto and such justice shall at the expiration of the time for appealing notify the secretary and appellant of the time and place when all appeals will be heard which shall be not later than thirty days after the posting of the roll. (2) At the time and place fixed by the justice of the peace Secretary to- the secretary shall appear and produce the assessment roll p?odSce^°roii, and all documents and papers in his custody relating to the ""=• appeal. (3) With every notice of appeal there shall be paid to '^ee to justice- the justice of the peace by the appellant the sum of $2 for his fee for hearing the appeal, and in the event of the appeal being allowed the justice shall order the board to pay to the appellant the amount of the fee so paid by him. (4) Every alteration of the roll necessitated by the result Alteration of any such appeal shall be made and initialed by the justice '" '°" of the peace. 1915, c. 25, s. 10. APPEAL FROM JUSTICE OP THE PEACE. 11. Any person dissatisfied with the decision of the justice Appeal to of the peace may appeal therefrom to a judge. The proceed- ings in such case, shall be as follows: 1. The appellant shall, within eight days of the decision ^°^"4"^, °' complained of, serve upon the secretary of the school district a written notice of his intention to appeal stating the grounds of appeal, which notice may be in form F in the schedule hereto ; 2. The secretary shall immediately after the time limited l^j' .«^^'^ for filing notice of appeal forward a list of all appeals filed to the judge, and the judge shall thereupon appoint a time and place for holding a court to hear such appeals and shall notify the secretary of such appointment ; 3. The secretary of the district shall be the clerk of the cierk of court court ; 4. The secretary shall thereupon give notice in writing in ^oHce^of form G in the schedule hereto to all the parties appealing appeals to the judge from the decision of the justice of the peace, specifying the time and place when and where the appeal will be heard, but in the event of failure by the secretary to have the required service of notice in any appeal made S6 SCHOOL ASSESSMENT ,List of appeal; -etc., to be 'Posted Hearing of . appeals iDetermination Production of roll and , papers to judge Correction . of roll Powers of .judge 'Intituling .process or to have the same made in proper time the judge may direct service to be made from some subsequent day upon which he may sit; ' 5. The secretary of the district shall cause a conspicuous notice to be posted up at the school house, or if there be no school house in the district in some conspicuous place outside his residence, containing the names of the appellants and parties appealed against, with a brief statement of the ground or cause of appeal, together with the time and place at which a court will be held to hear appeals ; 6. At the courts so holden the judge shall hear and deter- mine the appeals and may adjourn the hearing from time to time and defer judgment thereon at his pleasure but so that all appeals may be determined before the first day of September : Provided that the judge may either before or after the first day of September extend the time for the determination of appeals beyond the first day of September upon proof that the assessment roll was not completed in time to allow of such appeals being determined prior to the said date ; 7. The person having charge of the assessment roll shall appear at each sittings of the court and produce such roll and all papers and writings in his custody connected with the matter of the appeals, and the roll shall be altered and amended if necessary according to the decision of the judge who shall write his initials opposite any part of the roll in which an alteration or amendment is made, unless his deci- sion is reserved in which case the secretary of the district shall when the decision is given forthwith alter and amend the roll if necessary according to the same and write his name opposite every such alteration or amendment; 8. In all such proceedings the judge shall possess all the powers for compelling the attendance of parties and wit- nesses, for their examination on oath, for the production of books, papers, rolls and documents and for the enforcement of his orders, decisions and judgments that belong to or might be exercised by him in the district court ; 9. All process or other proceedings in, about or by way of appeal may be intituled as follows: "In the matter of an appeal from the decision of a justice of the peace concerning an assessment for the school district No. of Saskatchewan. A.B., Appellant. and CD., Respondent"; '^°^^' 10. The cost of any proceeding before the judge as afore- said shall be paid by the parties or either of them or appor- tioned between them in such manner as the judge thinks SCHOOL ASSESSMENT nrj proper; and where costs are ordered to be paid by any party payment may be enforced by execution to be issued ZmZ district court m the same manner as upon an ordinary !£- ment for costs recovered in such court; xvHn;.!?" T^^, awarded in any case may be the costs of Allowances witnesses and of procuring their attendance and none other '"'' '"'"^ the same to be taxed according to the allowance in the district court for such costs; and where execution issues the like costs of execution and of enforcement thereof as are allowed m the district court may also be collected thereunder ; _ 12. The decision of the judge shall be final and conclusive Judgment final m every case adjudicated upon. 1915, c. 25, s. 11. 13. After the expiration of fifteen davs from the posting R^'te to be of the roll if no notices of appeal have been given or after '*™"'' all appeals have been decided subject to section 9 subsection (7), the board shall make an estimate of the probable expen- diture of the district for the current year and shall strike such a rate, not exceeding two per cent, of the assessed value of the land m the district as shown on the assessment roll, as shall be sufficient to meet such probable expenditure' 1915, c. 25, s. 12. 13. The secretary shall thereupon prepare a tax roll by Ta.x roii entering on the assessment roll the rate on the dollar struck as in the next preceding section provided and the amount of taxes payable by each person assessed for the current year. (2) In the event of the total tax of any person being less Minimum tax than $2 under this section the tax to be entered on the roll and payable by him shall be the said sum of $2. 1915, c. 25, s. 13. 14. The secretary, if there be both a secretary and a Tax roii to be delivered ' treasurer treasurer, .shall deliver the tax roll to the treasurer as soon '^''''™"'' '° as may be after it has been prepared, and the treasurer shall post a copy thereof in the school house or if there be no school Copy to be house in the district in a conspicuous place outside his resi- ''"^'^ dence and retain the original at his residence open to inspec- tion by any ratepayer at any reasonable time. (2) The treasurer may enter on the tax roll the date on Date of which the same is posted up and initial the same, and the brnot1;d™on entry of such date and initials shall be prima facie evidence '^°" of the posting of the roll on the date so entered without proof of the appointment of or initialing by the treasurer. (3) The treasurer shall mail to each person assessed whose Tax notice to . address is known to him a notice of the amount of his taxes, '"' ^^''' which notice may be in form D in the schedule hereto and "the entry of the date of mailing of each such notice with the initials of the treasurer on the tax roll shall be prima facie ■evidence of the mailing of the notice on the date entered 00 SCHOOL ASSESSMENT without proof of appointment or signature of the treasurer, and the absence of any entry of such date and initials shall be prima facie evidence that the person 's address is unknown. 1915, c. 25, s. 14. Taxes a lien j5_ rpj^g taxcs accruing upon or in respect of any land in the district shall be a special lien upon such land having priority over any claim, lien, privilege or incumbrance thereon except claims of the Crown. n™*a^m*nt ^^^ ^^ *^® cveut of any taxes remaining unpaid after the of taxes thirty-first day of December of the year in which the same are imposed there shall be added thereto by way of penalty a sum equal to eight per centum of such taxes remaining unpaid, and the same additional sum shall be added thereto after the thirty-first day of December in each succeeding year during which the said taxes remain unpaid. Such amount shall form part of the taxes which by this section are created a special lien upon the land. (3) Nothing in this section contained shall be construed to extend the time for payment of taxes or in any way to impair the right of distress or any other remedy hereby provided for their collection. 1915, c. 25, s. 15. RECOVERY OF TAXES Distress for !(}, Jq gasc any person fails to pay the taxes assessed against him within thirty days after the posting of the tax roll, the treasurer may by himself or his agent levy the same with costs by distress of the goods and chattels of the person against whom the same are assessed situated within the district or of any goods and chattels found upon the land in respect of which the taxes are due the property of or in the possession of him or of any other occupant of the premises, and the costs chargeable shall be the same as those allowed in the schedule to An Act respecting Distress for Rent and Extrajudicient^ chambers, such judge may appoint a time and place tor the tion 90 SCHOOL ASSESSMENT holding of a court for confirmation of the return mentioned in the preceding section, notice of which shall be published in every issue of The Saskatchewan Gazette for two months' and once each week for at least eight weeks in a loc^ paper published in the vicinity of the lands entered on such return to be named by the minister. (2) A notice of the time and place fixed for confirmation of such return shall be sent by registered mail, at least sixty days prior to the time so fixed, to each person who appears by the records of the proper land titles office or by the said return to have any interest in the lands in respect of which confirmation is desired and whose post office address is shown by said records or return. (3) The entry against such lands of tli.e date of mailing such notice, together with the initials of the clerk of the department mailing the same, shall without proof of the appointment or signature of the said clerk be prima facie evidence that the required notice was mailed on the date so entered. 1915, c. 25, s. 20. 'Adjudication- 31. At the time and place so appointed the judge shall y judge Jiear the application and also any objecting parties and the evidence addui3ed before him; he shall thereupon adjudge and determine whether or not the taxes imposed respectively upon each parcel of land included in the return were either wholly or in part in default and report the adjudication to the attorney general; he shall also confirm the return as to those parcels on which any taxes are determined to be in arrears, naming the amounts severally due and adding thereto a reasonable amount for the expense of advertising together with such sum as he may fix for costs of the application. (2) The effect of such adjudication when registered as hereinafter provided shall be to vest in His Majesty, in the right and to the use of his Province of Saskatchewan, the said lands, freed from all liens, mortgages and incumbrances of any nature and kind whatsoever, subject however to re- demption by the respective owners at any time within one year from the date of the adjudication by payment to the minister of the amounts named, including expenses as afore- said, together with the redemption fee of five cents for every acre in the parcel redeemed and any subsequent taxes paid by the minister, but no redemption fee shall be less than $2. (3) For the purposes of this section all taxes shall be held to be due on the first day of January of the calendar year within which the same are imposed. (4) In the event of any person successfully opposing con- firmation of the said return as to the land in which he is interested the judge may order an allowance to him as witness fees to be paid by the minister. SCHOOL ASSESSMENT 91 (5) A copy of such adjudication certified by the minister shall be forwarded to the registrar of land titles of the land registration district in which the lands named in the adjudi- cation or any of them are situated ; and it shall be the duty ■of the registrar to register the same against the lands therein named. (6) A copy of such adjudication shall also be sent by registered mail to the persons to whom by subsection (2) of section 20 hereof notice of the time and place fixed for confirmation of the return is required to be sent, and such persons or any of them shall be entitled to redeem the lands as herein provided. (7) Where the word "taxes" occurs in subsection (1) of this section and in sections 22 and 24 hereof the same shall- be construed as extending to and including the addition of the eight per centum provided for in subsection (2) of section 15 hereof, and of any additional penalties incurred under The School Act. 1915, c. 25, s. 21. 33. If any person interested in any parcel of land con- Payment after tained in the return presented to the judge for confirmation ^ppo"!'™^"' as provided by section 21 of this Act pays the taxes upon such land before the date fixed for confirmation but after such date has been fixed, he shall in addition to the amount of taxes shown by such return to be overdue pay the sum of $1 for each quarter-section or portion thereof for costs of application to the judge, advertising and postage in con- nection with such proceedings; and any sums so paid shall form part of the general revenue of the province. 1915, c. 25, s. 22. 33. When the taxes on any parcel of land together with Procedure oa the expenses and redemption fee provided for in section 21 " '1'^'"'=' the board shall make such demand upon each municipality muni^ipaWies for the share of the amount required which is to be assessed and levied m that municipality; and shall accompany the demand with a statement of the total sum required for the purposes of the district for the current year, and the assessed values of the property rateable for the purposes of the district in the several municipalities, as shown by the revised assess- ment rolls of such municipalities for the preceding year. (3) The boards of trustees of public and separate school f,!^™°te^°eiooi districts shall when applying to the council of a municipality trustees to for the money required for school purposes, attach to the e"imlt application an estimate showing details. 1915, e. 25, s 35 ■ 1916, c. 25, s. 6. 36. Repealed. 1916, c. 25, s. 7. 37. Where taxes hitherto imposed by a city or town for Board to school purposes, upon propei'ty lying within another raunici- sutement of pality, are in arrear, the city clerk or secretaiy treasurer of al-reTrs" the toM-n, as the case may be, shall, as soon as may be, furnish imposed the other municipality with a statement sho^ving the total arrears of taxes due and payable on each parcel of land within such municipality, together with the names of the persons by whom such arrears are payable and the years for which they are due; and such arrears may be collected and the collection of them enforced by such other municipality in every respect as if they had been originally imposed by it. (2) In the case of taxes contained in a tax enforcement costs and tees return which has been confirmed by a judge, the munici- transmuted pality collecting the same shall transmit all costs and re- demption fees, as well as the taxes when collected, to the municipality on whose behalf the tax enforcement return was confirmed. 1915, c. 25, s. 37 ; 1916, c. 25, s. 8. 38. In the event of a village district becoming a town ^°r'ears° where district all arrears of taxes due the village district on pro- viuage becomes perty lying within the limits of the village municipality shall '°"''' be collected by the town municipality. 1915, e. 25, s. 38. VILLAGE AND TOWN DISTRICTS. 39. The following sections, numbers 40 to Hj, both inclu- sive shall apply to village and town districts only. 1915, c 25. s. 39: 1916. c. 25. .s. 9. 96 SCHOOL ASSESSMENT 40. Where a school district comprises within its boun- daries, in whole or in part, a city, town, village or rural mu- nicipality or any of therii, the property liable to assessment for school purposes shall be the property liable to assessment for municipal purposes according to the respective municipal acts. 1915, c. 25, s. 40. Separate 41. In cases where separate school districts have been established, whenever property is held by two or more per- sons as joint tenants or tenants in common, the holders of m nt of ^^^'^ property being Protestants and Roman Catholics, they joint owners shall be asscssed in proportion to their interest in the property in the district to which they respectively are ratepayers. 1915, c. 25, s. 41. Separate 43. A Company may by notice in that behalf to be given company may to the clerk or Secretary treasurer of unj municipality where- su *orter'* "^ ™ ^ Separate school district is either wholly or , in part situated, and to the secretary of the board of any public school district in which a separate school has been established and to the secretary of the board of such separate school district, require any part of the real property of which such company is either the owner and occupant or not being such owner is the tenant or occupant or in actual possession of, and any part of the personal property if any of such com- pany liable to assessment, to be entered, rated and assessed for the purposes of said separate school, and the proper as- sessor shall thereupon enter said company as a separate school supporter in the assessment roll in respect of the property specially designated in that behalf in or bj' said notice, and so much of the property as shall be so designated shall be assessed accordingly in the name of the company for the pur- jjoses of the separate school and not for public school purjjoses but all other property of the company shall be separately entered and assessed in the name of the company for public school purposes: ProTiso as to Provided always that the share or portion of the property proportion ofj. ji.n t- ^ . ', shares held in ot any Company entered, rated or assessed m any munici- distnct pality or in any school district for separate school purposes under the provisions of this section shall bear the same ratio and proportion to the whole property of .the company as- sessable within tlie municipality or school district as the amount or proportion of the shares or stock of the company so far as the same are paid or partly paid up, held and possessed by persons Avho are Protestants or Roman Cath- olics, as the case may be, beai's to the whole amount of such paid or partly paid up shares or stock of the company. Continuing'' (^^ ^^>' ^"°^'' "otice givcu in pursuance of a resolution in that behalf of the directors- of the company shall for all purposes be deemed to be sufficient and every such notice so given shall be taken as continuing and in force and to be acted upon unless and until the same is withdrawn, varied or cancelled by any notice subsequently given pursuant to any resolution of the company or of its directors. SCHOOL ASSESSMENT 97 (o) Every such notice so given to such clerk or secretary Notice open treasurer shall remain with and be kept by him on file i^ *» "'^p^"""" his office and shall at all convenient hours be open to inspec- tion and examination by any person entitled to examine or inspect the assessment roll and the assessor shall in each year Assessor to before the completion and return of the assessment roll search e^""'"" for and examine all notices which may be on file in the office of the clerk or secretary treasurer and shall thereupon in , respect of said notices, if any, follow and conform thereto and to the provisions of this Act in that behalf. (4) False statements made in any such notice shall not Fraudulent relieve the company from rates. Any company fraudulently ""'""^ giving such notice or making false statements therein shall be liable to a penalty not exceeding $100. Any person giving for a company such a statement frauduently, or wilfully ^''°""'' inserting in any such notice a false statement shall be guilty of an offence and liable on summary conviction to a like penalty. 1915, c. 25, s. 42. 43. In the event of any company not giving the notice mentioned in section 42 hereof the board of trustees of the separate school district may give to the company a notice in writing in the following form or to the like effect, that is to say : The board of trustees of separate school district Notice l.v No. of Saskatchewan hereby give notice that unless ^''p^"^'''^^'',^''"'' and until >'our company gives a notice as provided by section adjustment of 42 of Till' ScJiool Assessment Act the school taxes i^ayable comp![nj°s ° by your company in resj^ect of assessable property lying within ^*°°' '"'' the limits of the school district No. of Saskatchewan (naming tJie public school district in relation to icliicli the separeitc school is established) will be divided between the said public school district and the said separate school district in shares corresponding with the total as- sessed value of assessable property assessed to persons other than corporations for public school purposes and the total assessed value of the assessable property assessed to persons other than corporations for separate school purposes respec- tively. This notice is given in pursuance of section 43 of Tlie School Assessment Act. (2) Unless and until any company to ^^•'hich notice has Proportions if been given as aforesaid gives a notice as provided in section do^noTJiYe^ 42 hereof the whole of the assessable property of such com- noHce*"'^ pan)' lying within the limits of the public school district shall be entered, rated and assessed upon the assessment roll for the public school district and all taxes so assessed shall be collected as taxes payable for the said public school district, and when so collected such -taxes shall be divided between the said public school district and the said separate school district in the proportions and manner and according to the provisions set out in the notice in the next preceding sub- oantinn mentioned. 98 SCHOOL ASSESSMENT Service of notice on company how effected (3) Service of a notice under the foregoing provisions upon a company may be effected by serving the same upon- any ofScer or agent of the company upon whom service of a- writ of summons issued'out of the supreme court for Saskat- chewan may be lawfully served for the company. 1915,- c. 25, s. 43. Notification 44. A Company shall notify the council of the munici- where™p^iopor- pality in Writing on or before the first day of May in any tainabie^^'^^'^ ^^^^ o^'j where the council has adopted the provisions of The City Act, by which the taxes for any year are to be based upon an assessment made the previous year, then on or before- the first day of December in the year in which the assess- ment is made, that it is practically impossible, owing to th& number of its shareholders and their wide distribution in point of residence, to ascertain the proportions of the stock of the company held by Protestants and Roman Catholics^ respectively. Statutory (2) Such noticB shall be accompanied by a statutory de- claration of the president, vice president or secretary of the company, or some person having the management of its affairs in Saskatchewan who can testify to the facts, giving: (a) The amount of the share capital of the company and the number of shares into which it is divided;. (&) The number of shares taken, from the commence- ment of the company to the date of the return;. and (c) The names and addresses of the persons who at the- date of the return are the directors of the company ; and showing in addition the approximate amount of stock held outside of Canada together with such particulars as may be available. ^ifareiiei ^'^^ '^^^ Company which has filed a notice as above directed shall be relieved from compliance with the terms of the said, section 42. (4) When a company is relieved as above from the pro- visions of section 42, the assessable property of the company shall be entered, rated and assessed upon the assessment rolL for the public school district, and all taxes so assessed shall be collected as taxes payable for the said public school district,- and when so collected such taxes shall be divided between the said public school district and the said separate school district in the proportions and manners and according to the pro- visions set out in the notice mentioned in the first subsection of section 43 hereof. SrIhoMers ^^^ -^ Company, the whole of whose shareholders are of one religious Roman Catholics or Protestants, as the case may be, may within the period limited in the first subsection of this sec- tion file a statement to that effect with the clerk or secretary treasurer of the municipality, verified by a statutory de- claration of the president, vice president or secretary of the faitli SCHOOL ASSESSMENT 99' company or of some person having the management of its affairs in Saskatchewan who can testify to the facts, and in such case the provisions of section 42 shall not apply to the said company and the taxes of the said company shall be assessed, levied and collected wholly for the separate school or the public school, as the case may be. (6) Every notice given under this section and every ^o^jf^^-nj"' statement filed thereunder shall be taken as continuing and in force and to be acted upon unless and until the same is withdrawn, varied or cancelled by any notice subsequently given or statement filed in the manner herein directed. (7) Every notice given or statement filed under this ^e^'j^oQ^g^f section shall be kept by the clerk or secretary treasurer of the municipality on file in his office and shall at all con- venient hours be open to inspection and examination by any person entitled to examine . or inspect the assessment roll, and the assessor shall each year before the completion and return of the assessment roll, search for and examine all notices which may be on file in the office of the clerk or secretary treasurer, and shall conform thereto in making his assessment. 1915, c. 25, s. 44; 1917 (sess. 2), c. 33, s. 5. 44o. Where a village or town school district is situated ^j;,^'^'"'"'' partly in two or more municipalities, there shall be an annual adjustment of the proper proportionate amounts to be levied by the municipalities on behalf of the said school district. The assessors of the municipalities concerned shall form an adjustment board and the said board shall, at least thirty days prior to the mailing of the tax notices, meet and determine what proportion of the taxes to be levied on behalf of the said school district shall be levied upon and collected from the taxable property of the ratepayers of the school district situated in each of the municipalities. 1916, c. 25, s. 10. 44&. The assessor of the municipality in which the office Caiung^ a. of the secretary of the school district is situated shall call the meeting of the adjustment board. 1916, c. 25, s. 10, 44c The adjustment board shall have power to require ^^^^^^ *» the attendance of any officer of a municipality m which the attendance district is situated and the production by such officer of all assessment and tax rolls, assessment and tax notices, books, Dauers and such other material as may be required for nurooses of the adjustment in his possession or custody, and such officer shall give the board all information m his power relating to the assessment and taxation of the district. 1916, c. 25, s. 10. 44:d. Notice of the decision of the adjustment board shall d^cufon"* be given forthwith to the secretary of the school district and the clerk or secretary of each municipality. 1916, c. 25, s. 10. 100 SCHOOL ASSESSMENT Minister to appoint arbitrator in case of dis- .agreement 44e. "Where the members of the adjustment board dis- agree, the minister shall appoint an arbitrator, and the said arbitrator with the assessors shall form an arbitration com- mittee to determine the matter and report to the secretary of the school district and the clerk or secretary of each mu- nicipality not later than ten days prior to the mailing of the tax notices. 1916, c. 25, s. 10. ■Committee may compel attendance of •ofiicers 44/. The arbitration committee shall have the same power as the adjustment board to require the attendance of any officer of a municipality in which the district is situated and the production by such officer of all documents in his possession or custody relating to the assessment and taxation of the district. 1916, c. 25, s. 10. -Second .arbitrator 44gr. If, in any case, the arbitration committee fail to arrive at a decision by reason of its members being equally divided, the minister shall have power to appoint a second arbitrator, as an additional member of the arbitration committee. 1916, c. 25, s. 10. Decision final 44/i. The decision of a majority of the members of the arbitration committee shall be final. 1916, c. 25, s. 10. Penalty 44i. Any officer of a municipality who after due notice fails to appear before the adjustment board or the arbitra- tion committee and to produce the documents required herein shall be guilty of an offence and liable on summary conviction to a penaltv not exceeding twentv-five dollars. 1916, c. 25, s, 10. Pees and expenses 44i. An annual fee of five dollars and actual travelling expenses shall be payable to each member of the adjust- ment board, and, in case of arbitration, to each member of the arbitration committee, out of the funds of the district. 1916, c. 25, s. 10. mSCELLANEOrS. Separate 45. In Separate school districts land owned b\' a Pro- testant and occupied by a Roman Catholic or vice versa shall be assessed to the owner. Assessment -of owner Assessment (2) Any person '\\'ho is legally assessable in a public school district shall not be liable to assessment for a separate school district in the same area. 1915, c. 25, s. 1.") ; 1916, e. 25, s. 11. 46, Notwithstanding anything contained in this Act, The City Act, The Town Aet, The Village Act or The Rural Mimicipalitij Act, it is hereby expressly declared that, if it is shown to the satisfaction of the minister that the assess- ment or tax levy of any school district has not been made SCHOOL ASSESSMENT 101 in any year as provided by law or has been incorrectly or improperly made in any respect, the minister shall have power by written order to make any provision he deems necessary for the making or correction of such assessment or tax levy or for the making of a new assessment or tax levy, and every such order and all the terms and conditions thereof shall have the effect of law and shall be binding on all parties concerned. 1915, c. 25, s. 46. 47. The minister of%iucation may by order, notice of Minister of which shall be published in The Saskatchewan Gazette, de- tedare dlsS clare that for the purposes of this Act and any assessment o/'tow'/'""^" and taxation thereunder any district shall be deemed to be district a rural, village or town district, and thereafter all the pro- visions of this Act relating to rural, village or town districts, as the case may be, shall apply thereto and to any munici- pality within which any such district is wholly or partly situated. 1915, c. 25, s. 47. 48. In the case of any district situated wholly or partly Lieutenant Governor im within the limits of any municipality which under the Council may provisions of this or any other Act becomes or is declared amounts to be a rural, village or town district, the Lieutenant ^°y„7/i°^|it Governor in Council may make such orders, provisions and and rural, appointments as to him may appear necessary for the ad- town^^ail'trict justment, arrangement and settlement of all accounts be- tween any such district and the municipality within which it is wholly or partly situated. 1915, c. 25, s. 48. 49. Any writ of execution against the board of any Executiou district may be indorsed with a direction to the sheriff to Direction levy the amount thereof by rate ; and the proceedings thereon *" ^'><'^'* shall be the following: 1. The sheriff shall deliver a copy of the writ and in- Copy writ anj Ti _Lji_a? statement lor dorsement to the treasurer or leave such copy at the office treasurer or dwelling house of such officer with a statement in writing of the sheriff's fees and of the amount required to satisfy such execution including an amount for interest calculated to some day as near as is convenient to the day of service ; 2. In case the amount with interest thereon from the ^°^p^I^I'^* day mentioned in the statement be not paid to the sheriff |^^Ykf cxec'u- within one month after the service, the sheriff" shall examine tio" ?ato^ "' the assessment roll of such district and shall in like manner as rates are struck for general school purposes strike a rate on the dollar on the assessable property in the said district sufficient to cover the amount due on the execution, with such addition to the same as the sheriff deems sufficient to cover the interest and his own fees up to the time when such rate will probably be available; 3. He shall thereupon issue a precept or precepts under sherirs^ his hand an dseal of office directed to the treasurer, and treasurer shall by such precept after reciting the writ and that the 102 SCHOOL ASSESSMENT MHoIumn in tax roll •Jjevy of rate Return of Tprecept \ . Surplus "Treasurer officer of court said board had neglected to satisfy the same, command the said treasurer to levy or cause to be levied such rate at the time and in the manner by law required in respect to the general school rates; 4. At the time for levying the annual rate next after the receipt of such precept the treasurer shall add a column to the tax roll in the said district headed "Execution rate of A. B. V. Board of School District " (or as the case may ie, adding a column for each execution if more than one) and shall insert therein the amount by such precept required to be levied upon each person respectively and shall levy the amount of such execution rate as aforesaid; and the treasurer so soon as the amount of such execution or execu- tions is collected shall return to the sheriff the precept with the amount levied thereon; 5. The sheriff shall after satisfying the executions and all fees thereon return any surplus within ten days after re- ceiving the same to the treasurer for the general purposes of the said district; 6. The treasurer shall, for all purposes connected with carrying into effect or permitting or assisting the sheriff to carry into effect the provisions of this Act with respect to such executions, be deemed to be an officer of the court out of which the writ issued and as such shall be amenable to the court and may be proceeded against by attachment, mandamus, or otherwise in order to compel him to perform the duties hereby imposed upon him. 1915, c. 25, s. 49. -"Treasurer" 50, In the last foregoing section the word "treasurer" shall mean: 1. In the case of a rural district not within a rural muni- cipality the treasurer of the school district; 2. In the case of a town district or rural district which is within a rural municipality the secretary treasurer of the municipality. 1915, c. 25, s. 50. Absence of 51. In case of the absence of the treasurer of any rural refulaUoact district not within a rural municipality and the refusal or neglect of the board to appoint some other person in his place, or in case of the refusal or neglect of the treasurer to comply with any of the provisions of section 49 hereof, the sheriff upon application to a judge may be invested with full power and authority to assess, levy, collect and enforce payment in the same manner as assessors, collectors, and treasurers are authorised to do by this Act, of such sum as may be required to satisfy the execution and all fees and legal expenses including such allowance for the costs, levy, collection and enforcement of payment as the judge may allow: Provided that any person may, within one month from the date of the notice by the sheriff of assessment by him, .Sheriff's powers SCHOOL ASSESSMENT 103 :apply to the sheriff to revive such assessment in any respect as to which such person might have appealed from a justice of the peace to a judge, and if the sheriff refuses such application appeal may be had to a judge on application to him within eight days after the sheriff's decision of which application notice in writing shall be given to the sheriff, and on such application the judge may proceed as in the case of an appeal from a justice of the peace. 1915, c. 25, s. 51. FORMS. 53. The several forms in the appendix to this Act or forms to the like effect shall be sufficient. 1915, c. 25, s. 52. REPEAL. 53. The following Acts are hereby repealed: The Revised Statutes of Saskatchewan 1909, c. 101. 1 George V, 1910-11, c. 27. 3 George V, 1912-13, c. 36. 4 George V, 1913, c. 50. 54. This Act shall come into force on the first day of January, 1916. 104 SCHOOL ' ASS?!SSHENT M . P-i o <1 a o w o -^ a w :^ CO CO H CO CO s o o XJl fin § z; M H CO O O H Q jsjnseeji f •■■61 m no oa 3 JO Xup ■ ■ ■6T 9m uo pgjSOd SBM. O X :3 B o a a Oh fa Ah * o s < (pafi^m 9ai)0T[ i{0B8 jaqjBugi^iJA eq oj,) ot siBi'^iui s.JCBjna'BaJX '" SujIITJra JO 3^13(1 ^ 1 9up S9x*b:^ ["B^ox ° H » 1 S06T *T "-'UBr raoJJ aup S9XB^ JO SJBSJJV o «» .TBaiC inajjno joj S9xb:^ jo ijunoray ** o 1 1 €e 1 uo uoi^Bxei^ JO 9:('B'ji ' | " ) | to CO w £0 to p .P % 5 CO p B a e3 "o g c " a :» -C o v ft ;=! -S p ® ft ■" 'd 0) ■°s-- ^ p ee a i' S a- g a « £■ >" ^•3 « »- t* tn ■" OJ S 3" ..-*-! tfl in SCHOOL ASSESSMENT FORM B. For Rural Districts {Section 9 {2)) Assessment Notice. of The School District No. of Saskatchewan. To 105 .P.O. You are hereby notified that your name appears on the assessment roll of the above named school district for the year 19 as the owner {or occupant) of which is assessed at $ You are further notified that if you object to this assess- ment you must appeal to the justice of the peace nearest to my residence within fifteen days after the posting of the assessment roll otherwise the assessment will stand. Dated at this day of 19 8ecretar]j. (or Secretary treasurer.) Residence of Secretary {or Secretary treasurer) Sec. Tp. R. M. FORM C. For Ratepayers in Rural Districts. {Section 10) Notice op Appeal. To Justice of the Peace. .P.O. You are hereby notified that I appeal from my assess- ment in the School District No. of Saskatchewan for {description of property and nnmber of acres) on the ground that and that I wish to have this my appeal considered by you. {Signature) •. Dated at this day of 19 . j^ote. A fee of $2 must accompany this notice or be delivered to the justice of the peace if the notice is handed to him. 106 SCHOOL ASSESSMENT FORM D. For Rural Districts. {Section 14 (5)) ' Tax Notice. of The School District No. of Saskatchewan. To P.O. You are hereby notified that you are assessed on the assessment roll of the above named school district for the year 19 for acres of .land of the assessed value of $ , the taxes on which at the rate of mUls on the dollar amount to $ ; and you are further notified that the arrears of taxes due by you to the said district amount to $ and you are required to pay the same forthwith. The land for which you are assessed is {here describe land). Treasurer. . (or Secretary treasurer.) Dated at this day of 19 1909, c. 29, s. 41. FORM E. {Section 23 {!)) Ceetificate op Redemption. This is to certify that the following lands, viz. : as to which an adjudication under the provisions of section 23 of The School Assessment Act bearing date the day of was made by His Honour judge of the district court of the judicial district of in the Province of Saskatchewan have been Under the pro- visions of the said section redeemed and the said lands are therefore discharged and released from the said jidjudication and the effect thereof. Dated at Regina in the Province of Saskatchewan this day of 19 . Minister of Municipial Affairs. SCHOOL ASSESSMENT 107 FORM F. For Ratepayers in Rural Districts. {Section 11 {!)) Notice of Appeal. (From decision of justice of the peace.) To Secretary School District You are hereby notified that I appeal to a judge from the decision of a justice of the peace with respect to my assess- ment in the School District No. -of Saskatchewan for {give description of property and assessed value) on the ground that {state grounds of appeal). {Signature) Dated at this day of 19 FORM G. For Rural Districts. {Section 11 {4)) Notice to Party "Whose Assessment is Appealed Against. To P.O. Take notice that you are required to attend the court to be held by a judge {give day, hour and place of sitting of the court) in the matter of the appeal by you from the decision of a justice of the peace concerning your assessment in the School District No. of Saskatchewan for {give description and value of property -assessed) . Secretary. THE SCHOOL GRANTS ACT Being Chapter 102 of The Revised Statutes of Saskatchewan 1909, as amended by Chapter 34 of the Statutes of 1912, Chapter 37 of the Statutes of 1912-13, Chapter 51 of the Statutes of 1913, Chapter 24 of the Statutes of 1915, Chapter 34 of the Statutes of 1917 {gess. 2), and Chapter 50 of the Statutes of 1918-19. SHORT TITLE. 1. This Act may be cited as "The School Grants Act." short title E.S.S. 1909, c. 102, s. 1. INTERPRETATION. 2. In this Act unless the context otherwise requires the interpretation expression : 1. "Department" means the department of education; "Department" 2. "Minister" means the minister of education for the "Minister" province); 3. "District" means any school district erected or consti- "District" tuted under the provisions of Tlie School Act; 4. "Rural district" means any school district situated 'Ry?', . . „ . ... . . district ■wholly outside the limits of any city, town or village munici- pality : Provided that in case any rural district or any portion thereof is included in any village or town that may hereafter be organised such district shall for the purposes of this Act be deemed to be a rural district until 'the end of the then current calendar year; 5 "Town district" means anv school district situated "Town M'hollv or in part within the limits ot any city, town or district" village municipality ; 6. "School" means a room or building in which one teacher "Schoor' is employed by a district to give instruction to pupils in accordance with the provisions of The School Act and the regulations of the department and in the case of every district in which more teachers than one are thus employed each room in charge of a separate teacher shall rank as a 110 SCHOOL GEANTS "Teacher" 7. "Teacher" means any person holding a certificate from the department which entitles such person to teach in any school in the province ; 8. "Teaching day" means any day upon which a school is- legally open during the hours prescribed by The School Act and the regulations of the department and shall not include any Saturday, Sunday or holiday ; 9. "Average attendance" means the attendance of pupils for any school term as ascertained by dividing the aggregate days' attendance of all pupils enrolled in a school during such term by the total number of teaching days such school was- actually in operation during the term. ?™Lo!„, * (2) All other words, names and expressions shall unless the- expressions to^', . '. ^ have meaning context Otherwise requires have the same meaning as is ex- tlfS^inThe pressly or impliedly attached to them in The School Act. School Act R.s.s. 1909, c. 102, s. 2. "Teaching day" "Average attendance" GRANTS. Grants to Bchools To rural districts 3. Out of any moneys appropriated by the Legislature for the purpose there shall be payable in aid of elementary edu- cation the following grants: 1. To every rural school district : (a) The sum of seventy-five cents day upon which its school year; for every teaching^ is in operation during the (&) An additional sum of twenty-five cents for every teaching day upon which its school is in operation during the year over and above one hundred and sixty days: Provided that the total number of days for which such additional grant shall be payable shall not exceed fifty; (c) An additional sum of ten cents for every teaching day upon which its school is in charge of a teacher holding a valid first class interim or professional certificate issued by the department ; (d) An additional sum of forty cents for every teaching day upon which its school is open during the year ending on the thirty-first day of December in which it is first in operation; thirty cents during the second year; twenty cents during the third yearj. and ten cents during the fourth year ; jfe) An additional sum of twenty cents for every teach- ying day upon which its school is open provided such district comprises an area of seven thousand acres- or less; fifteen cents for every such day if the area SCHOOL GRANTS 111 of such district is over seven thousand acres and not more than eight thousand acres; ten cents for every, such day if the area is over eight thousand acres and not more than nine thousand acres; five cents for every such day if the area is over nine thousand acres and not more than ten thousand acres : Provided however, that such additional sum men- tioned in paragraph (e) hereof shall be payable only for the years 1910 and 1911 and thereafter every such district that comprises an area of eight thou- sand acres or less shall be paid an additional sum of ten cents for every teaching day upon which its school is open ; (/) For encouraging the teaching of household science and making proper provision for the noon lunch, a grant equal to fifty per cent, of the initial cost of approved equipment, such grant not to exceed twenty dollars; 2. To every town district : '^° *°^° districts (a) The sum of seventy-five cents for every teaching day upon which its school is in operation during the year; (&) An additional sum of thirty cents for every teach- ing day upon which its school is open during the first year of its operation and fifteen cents during the second year; - (c) An additional sum of ten cents for every teaching day upon which its school is in charge of a teacher holding a valid first class interim or professional certificate issued by the department ; (d) An additional sum of $1.50 for every teaching day upon which there is maintained by the district dur- ing the year a school or room exclusively for pupils above grade VII, subject to the following condi- tions : (i) That the daily average attendance of pupils in such school or room is at least fifteen; (ii) That the equipment provided, the classifi- cation of pupils and the instniction given are satis- ' factory to the department ; (iii) That a high school or collegiate institute is not in operation within the district; 3. To every school district that provides convej^ance as required by sections 214 and 216 of The School Act and in accordance with the regulations of the department in that ^x' behalf a sum to be determined by the Lieutenant Governor in Council but not to exceed one-third of the actual cost of such conveyance as shown by proper vouchers therefor ; R.S.S. 1909, c. 102, s. 3 ; 1912, e. 34, s. 1 ; 1912-13, c. 37, s. 1 ; 1913, c. 51, ss. 1 and 2; 1915, e. 24, s.,1. 113 SCHOOL GRANTS 4. To every district making provision for industrial evening schools in which persons employed during the day may receive instruction in the trades or occupations with related instruc- tion in English, mathematics, drawing, science, history and geography as provided for in paragraph 2 of section 183 of The School Act, an annual grant equal to 40 per cent, of the cost of tuition up to a maximum of $250 ; 5. To every district maintaining a night school as provided for in section 182 of The School Act, there shall be paid the sum of one dollar per evening session for each teacher so em- ployed : Provided that such night school is conducted in accordance with the regulations of the department governing night classes. made CONpiTIONS UPON WHICH GRANTS AEE PAY^iBLE. npon''whk;h '^' '^^^^ Several grants referred to in the next preceding grants are section shall be payable subject to the following require- ments and conditions : 1. Every district claiming any grant under this Act shall be entitled to the same only on the condition that the school is organised, operated and maintained strictly in accordance with the provisions of The School Act and the regulations of the department ; 2. The trustees of every such district shall forward promptly to the department such reports and returns as are from time to time prescribed by the minister and required by him ; 3. Every district in which only one teacher is employed shall have an average attendance in its school of at least six pupils bet^veen the ages of five and sixteen years inclusive for each term for which any grant is claimed ; 4. Every district in which more teachers than one are employed sliall for each term for which any grant is claimed have an average attendance in the whole school equal to at least twenty pupils for every teacher employed ; 5. The maximum number of days for which any grant shall be payable to any distHct shall not exceed two hundred and ten teaching days in any calendar year ; 6. No grant shall he payable to anv district until the department is furnished with a copy of the teacher's agree- ment, the term return and such other reports, forms or statements as may be required by the minister ; 7. Ill case the teacher of any district attends any school garden exhibition, teachers' institute or convention held under the regulations of the department such district shall be entitled to all grants as if its school had been in operation for the teaching days actually necessary in attending such exhibition, institute or convention : ^-.CUOOL GRANTS 113 Provided that the total number of days for which such grants shall be paid shall not exceed four in any calendar year ; 8. Every district whose school has been closed on account of the prevalence of any disease shall be entitled to all grants in respect of such days as the school is so closed : Provided that such grants shall not be paid for more than ' thirty teaching days in any calendar year ; And provided further that no such grant shall be paid to any district until the chairman of the board of such district and the teacher furnish the department with a joint written certificate in such form as may be prescribed by the minister to the effect that it was in the interest of the public health that the school has been so closed; 9. No grant shall be payable to any district for the second term in any school year until the department, has received from the secretary of the district and the teacher a joint certificate in sucli form as may be prescribed by the minister to the effect that the board has during the then current year expended on books fc the school library the sum of at least ten dollars for each room in charge of a separate teacher which books shall be selected from a list authorised by the minister and furnished by the department : Provided that where in any district the majority of the pupils" are in the lower grades or where a sufficient library is already provided, the board shall expend the said sum for any of the purposes set forth in the regulations of the depart- ment in that behalf and shall file with the department a cer- tificate of such expenditure ; 10. In order that any district may be entitled to be paid any grant provided by this Act it shall l)e the duty of the board of such district to conform with such regulations of the department as may be approved by the minister respect- ing the supplying of its school with a flag and the use to which such flag is to be put Avhile its school is in operation. R.S.S. 1909, c. 102,' s. 4; l!)12, c. :U, s. 2- VMS, c. 51, ss. 3 and 4 ; 1915, c. 24, ss. 2, 3 and 4. 5. Out of any moneys appropriated by the Legislature and School grams available for grants in aid of elementary education the Lieutenant Governor in Council may order the payment of a special grant to any school in the province whether organised and operated according to law or not. R.S.S. 1909, c. 102, s. 5. 114 SCHOOL GRANTS PAYMENT OF GRANTS IN 1918. An Act to amend The School Grants Act, ieing Chapter 50 of the Statutes of 1918-19, contains the following pro- visions : 3. Notwithstanding anything contained in The School Act or The School Grants Act, there shall be payable to every school district, whose school was closed during the year 1918 by reason of the prevalence of epidemic influenza, all grants for the period during which such school was so closed: Provided that the chairman of the board and the teacher furnish a joint certificate that it was in the interests of the public health that the school was closed and that the salary of the teacher was paid in full for such period. THE SCHOOL ATTENDANCE ACT Being Chapter 19 of the Statutes of 1917, as amended hy Chapter 51 of the Statutes of 1918-19. SHORT TITLE. 1, This Act may be cited as "The School Attendance Act", short title INTERPRETATION. 3. In this Act, unless the context otherwise requires, the interpretation expressions : 1. "Department", "minister", "inspector", " district ", "Dspartment," ' ' rural district ", " village district ",- " town district ", " board ' ' ^'°- and "teacher" have the same meaning as they have in The School Act; 2. "School" means the room or building in which instruc- "Sciiooi" "tion is given to pupils in accordance with the provisions of The School Act and the regulations of the department ; 3. "Principal" includes the teacher of a one room school; "Principal" 4. "Regulations" means regulations made under the au- "Regulations" thority of this Act by the minister or by a board ; 5. "Magistrate" means and includes a justice of the peace "Magistrate" .and a police magistrate. COMPULSORY ATTENDANCE. 3.— (1) Every parent, guardian or other person, having Duties^ of^^ charge of a child over seven and under fourteen years of age,, guardians shall send such child to the school of the district in which he resides for the whole period during which the school is in ■operation each year. (2) Any parent, guardian or other person who fails to ob- serve the foregoing provision shall be guilty of an offence and subject to the penalties hereinafter provided. (3) The provisions of this section apply to a person who has received into his house as a resident another person's child of the specified age, but the duty and responsibility of the child's parent in the premises shall not thereby be affected. 4. A parent, guardian or other person shall not be liable Exceptions +r. anv nenaltv imposed by this. Act in respect of a child : 116 SCHOOL ATTENDANCE (a) if the child is under ef&eient instruction at home or elsewhere ; (6) if the child is unable to attend school by reason of sickness or other unavoidable cause ; , (c) where in the opinion of the magistrate or board of trustees, it is necessary for such child to absent himself from school to maintain himself or some person dependent upon him ; {d) if there is no school which the child has the right to- attend within two and one-half miles, as measured by the nearest highway, from the nearest point of the quarter section or lesser parcel of land upon which the child resides, if he is under twelve years- of age, or within three and one-half miles if he is- over that age : Provided that this exception shall not apply ia the case of districts conveying children in accord- ance with section 214, 215 or 216 of The School Act; (e) if, according to a written statement from the princi- pal or teacher there is not sufficient accommodation in the school which the child has the right to attend ;, or (/) if the child has passed the grade VIII examination prescribed by the department of education, or has- completed a course which entitles him to an equiva- lent standing. Inquiry into defence 5. In the case of a prosecution under section 3, where the defence is that the child is receiving eificient instruction at home or elsewhere, the magistrate shall adjourn the hearing^ and forthwith report the facts of the case to the minister, who shall cause inquiry to be made and direct that a cer- tificate be issued by the person making the inquiry showing whether or not such instruction is given and is efficient. If the certificate establishes the truth of the defence, the mag- istrate shall disrais the case ; if not, he shall impose a penalty. Employment of children forbidden 6. — (1) No child under the age of fourteen years, who has- not a valid excuse under this Act shall be employed by any person during school hours while the school of the district in which the child resides is in session, and any person who employs a child in contravention of this section shall incur a penalty not exceeding $20 for each offence. (2) "Where, in the opinion of the board of trustees, the ser- vices of such child, if over the age of twelve years, are re- quired in husbandry or in urgent and necessary household duties, such board of trustees may, by certificate setting forth the reasons therefor, relieve such child from attending school for such period or periods as to such board of trustees may seem proper. SCHOOL ATTENDANCE 117 ATTENDANCE OFFICERS. 1. The board of every town school district shall appoint Local ■and provide for the remuneration of one or more local at- officers'""^ tendance officers for the enforcement of this Act, and notice ■of every such appointment shall be forthwith submitted in writing to the department of education. 8. The minister may from time to time appoint such local Minister may attendance officers as may be required for the enforcement of this Act in districts that are not included within any town district, and may provide for their remuneration, either by the school district affected or by the department of edu- cation, as he may see fit, and may^ make regulations not inconsistent with the provisions of this Act for the direction of such officers and for the enforcement of this Act. 9. The minister may also appoint officers to be known as Provincial provincial attendance officers, and a chief attendance officer, oificei-s''°°^ all 'of whom shall have jurisdiction in all parts of the province, and the duties of such attendance officers may be defined and their remuneration fixed by the minister. 10. If, before the first day of February in any year or Minister to within thirty days after the coming into force of this Act, no ^pp°""' appointment has been made in any town school district as provided by section 7 hereof, the minister may make the necessary appointment and fix the remuneration to be paid by the school district affected, and notice of such appoint- ment shall be given in writing to the school board. 11. An attendance officer shall, for the purposes of this Powers of "■"'^^ . , ,, n ai J 1 11 attendance Act, be vested with the powers of a peace othcer, and shall ofHcer have authority to enter theatres, playhouses, places of public amusement and entertainment, factories, workshops, stores, shops and all other places where children may be employed or congregated, and to perform such duties as may be neces- sary for the enforcement of this Act. 1 2 The board which appoints a local attendance officer Board J./W. MLL^ >j" _ jrx- -,, ., • • regulations may make regulations, not inconsistent with the provisions of this Act or with the regulations of the department, for the direction of such officer and the enforcement of this Act, such regulations to be subject to the approval of the minister. 13. In the event of a board failing to make regulations as Regulations provided in the next preceding section, the minister may ^^ ™'°'**""' make such regulations as he may deem necessary and the same shall have the same force and effect as if made by the 118 SCHOOL ATTENDANCE Notice of appointment 14. Notice of every appointment made under this Act shall be given to the department by the body making such, appointment within ten days after such appointment has- been made. Montlily report Reports by principal Inspector's duties 15. Every attendance officer shall report monthly to the- body appointing him as well as to the department, according- to the forms prescribed by the minister. 16. — (1) The principal of every rural and village district shall ascertain and report to the department on the form prescribed by the minister for that purpose, the najne, age and sex of every child over the age of seven and under the- age of fourteen years residing in the district. Such informa- tion shall be obtained within forty-five days from the coming: into force of this Act -or within thirty days from the day upon which the school of the district is opened in each term- in any calendar year, and the report shall be forwarded to- the department within fifteen days after the information has. been obtained. A copy of this report shall also be filed with the secretary of the district and a copy shall be retained by the teacher. (2) Any principal who fails to comply with the provisions^ of this section shall be liable to a penalty of $10 and to a suspension of his certificate for such period of time as the minister may determine. 17. Every inspector shall inquire into the conditions existing in all districts under his supervision with respect to the observance of the provisions of this Act, and he shall report to the minister from time to time as the latter may direct. Report as to defaulters Reports to local attendance officer 18. The principal of every school in any district not having a school attendance officer shall report to the depart- ment on the form prescribed by the minister, on the last day of each month of the school year in which the school of such district is kept open, the name, age and address of every child in the district over the age of seven and under the age of fourteen years who is not attending school or who has been irregular in attendance during such month, together with such additional information as the department may require for enforcing the provisions of this Act. 19. The principal of every town school shall once in each week of the school year report to the local attendance officer of the district in which the school is situated, the names, ages and residences of all pupils over the age of seven and under the age of fourteen years on the school register who have not attended school as required by this Act, together with such other information as the attendance officer may require for enforcing the provisions of this Act. The princi- pal shall also forthwith report to the attendance officer every case of expulsion. SCHOOL ATTENDANCE 119 POWERS AND DUTIES OF ATTENDANCE OFFICERS. 30. — (1) It shall be the duty of every attendance officer Powers and to examine into all cases of violation of this Act which may ''''*"'^ come within his knowledgis, or be brought to his attention, to warn one of the parents or the guardian of any child not complying with its provisions, by notice in writing in the form, provided in schedule A, and generally to enforce the provisions of the Act. (2) An attendance officer may send a child suspected of truancy either home or to school, and accompany him there- to if deemed necessary. (3) The notice provided for in this section may be served by registered letter, postpaid, delivered at any post office and addressed to the party warned at the post office situated nearest to his place of residence, and the production of the registration receipt from the post office where such letter was registered, together with proof of the posting of the same and of the contents thereof, shall be prima fa-cie evidence of its receipt by the party to whom it was addressed within four days after the posting and registration. 31. — (1) Any parent, guardian or other person having Penalty for the charge or control of a child over the age of seven and ^''*^"" under the age of fourteen, who neglects or refuses to cause such child to attend school and continue in regular attend- ance thereat, shall unless such child be excused from attend- ance as provided by this Act, be guilty of an offence and liable, on summary conviction, to a penalty not exceeding $10 for each offence. (2) In case of a conviction under the preceding subsection, the magistrate may by his conviction, after adjudging payment of the penalty, with or without costs, order and adjudge that in default of payment thereof such penalty and costs, if the conviction is made with costs, shall be levied by distress and sale of the goods and chattels of the defendant, and, if sufficient distress cannot be found, but only in that case, that the defendant be imprisoned for a term not exceeding thirty days unless such penalty and costs, if any, and the costs and charges of the distress and of the commitment and of con- veying the defendant to gaol are sooner paid. 33. Every officer shall have access to the records of every Access to school board for, the purpose of procuring the names, ages '""'""ds and residence of all children over the age of seven and under the ao-e of fourteen years, and all such other information as may be required for the carrying out of the provisions of this Act. 33. Every attendance officer shall institute or cause to be instituting instituted, proceedings against a parent, guardian or other ^™'^''^*"'^^ person having charge or control of a child, or against any other person violating any of the provisions of this Act. 120 SCHOOL ATTENDANCE PENALTIES. General penalty 34. Every person charged with the duty of enforcing any provision of this Act, who neglects to perform such duty, shall incur a penalty not exceeding $10 for each offence. Evidence of age 35. Where a person is charged with an offence under this Act with respect to a child who is alleged to be over the age of seven and" under the age of fourteen and the child appears to the court to be within such limits of age, the child shall be deemed to be within such limits unless the contrary is proved. Absence on holy days 26. No penalty shall be imposed in respect to the ab- sence of a child from school on a day regarded as a holy day by the church or religious denomination to which such child belongs. roi-ms 3Y. The department shall, at the beginning of each year, forward to the secretary of every district, for delivery to the principal, copies of the forms prescribed for such reports a.s are required to be made. 38. This Act shall come into force on the first day of May, 1917. SCHEDULE A. {Section 20) To. .P.O. Take notice that unless, within five days from the recei])t by you of this notice, you cause your child {or ward) {child's iiame) to attend school, you will be liable to prosecution undiM- The School Attendance Act of the Province of Saskatchewan. Dated at the day of 19 Attendance Officer THE FREE TEXT BOOK ACT ^Being Chapter 103 of The Revised Statutes of Saskatchewan, .1909. SHORT TITLE. 1. This Act maj he cited as "The Free Text Book Act." short titio INTERPRETATION. 2. In this Act unless the context otherwise requires, the interpretaiioi: ^expression : 1. "Minister" means the minister of education; "Minister" 2. "Board" means the board of trustees of any school -Board" •district erected under the provisions of The School Act or of any high school district established under the provisions of The Secondary Education Act, as the case may be; 3. "Text book" means and includes any text or other book "Text booi;" -authorised by the minister for use in the schools of the prov- ince under the provisions of The School Act or The Sccondarij .Education Act; 4. "School" means and includes any school organised or "Sciioor' •established under the provisions of The School Act or The Secondary Edxication Act; 5. "School district" means and includes any school district "School ■ erected or established under the provisions of The School Act 'Or The Secondary Education Act; 6. "Supplies" means and includes all paper, pens, pencils, "Supplies" note books, scribblers and all other things and materials re- quired by the pupils of any school as an aid to their instruc- tion and education. DISTRIBUTION BY TRUSTEES. 3. The board of any school district may by resolution ^^°^^''^'^.i™''y ■adopted at a regularly called meeting thereof authorise its purchase of treasurer to purchase for the use of the pupils in its school f^f] ^°°^^i,, such text books and supplies as it may deem advisable; and any and all purchases thus made shall be paid for out of the general revenues of the school district. 4 In addition to the powers conferred upon any board by Board ma; include y TIlc School Act or The Secondary Education Act, as amount the case may be, the board shall have power to include in its f^^'^Xr'^n .estimate of expenditure for any year such sum or sums of estimates 122 FREE TEXT BOOKS money as may be required by it to purchase text books antH Kupplies as provided by the next preceding section. Minister may enter into contracts with publishers DISTRIBUTION BY MINISTER. 5. Subject to the approval of the Lieutenant Governor in Council the minister shall have power to enter into a contract with any publisher or firm of publishers respecting: the publication of any text book and the terms and con- ditions under which such text book may be purchased by the- minister or by any board: Provided that such contract shall not be entered into for a- longer period than ten years in the ease of school readers nor for a longer period than three years in the ease of any other text book ; Provided also that any contract entered into under the- provisions hereof shall be laid before the Legislative Assem- bly at its next session within fifteen days after the com- mencement thereof ; Provided further that any such contract that may have- been made by the minister prior to the passing of this Act shall be valid and binding for all purposes and shall be- deemed to have been made under the provisions hereof. Minister 6, Out of any legislative appropriation made for the' empowered to j.i • • x i n i j_ i r purchase books purpose the minister shall have power to expend such sum tion 'to 'school °^ sums of money as may be required to purchase a supply districts of any text book for distribution to all the school districts of the province free of cost to the pupils and boards of trustees- of such districts. REGULATIONS. Regulations 7. All text books and supplies furnished to pupils under- the provisions of this Act shall be used and cared for by such' pupils in accordance with the provisions of such regulations- as may be fixed by the minister in that behalf. Index 12* Sec. Page- Acts repealed 237 65 administration of department of education 5 3 age (see school age) annual meetings of ratepayers rural and village districts time and place of meeting 64 21 posting of notices 65 21 •notices may be mailed 65 (2) 21 chairman and secretary 66 22 acting chairman 66 (2) 22 chairman not to vote but has casting vote 67 22 qualification of voters 68 22 business of meeting 69 22 statement and reports to be read 70 22 teachers 70(1) 22 trustees 70(2) 23 _ treasurers 70(3) 23 tax collectors 70(4) 23 auditors 70(5) 24 inspectors 70(6) 24 any statements deemed advisable 70(7) 24 nomination of trustees, chairman to call for .... 71 24 qualifications of candidates 72 24 mover and seconder 73 24 time for nominations 74 24 acclamation when only one nomination 75 24 poll, when more nominations than one 76 24 oath to be taJjen by objector 77 24 in rural districts, chairman to preside and sec- retary to record votes 78 25 close of poll 79 25 in village districts, chairman to preside and vot- ing to be by ballot 80 25 procedure at poll 80 25 marking ballot 80 25 form of ballot 80 26 duration and close of poll in village districts ... 81 26 copy of minutes to be submitted to department 82 26 investigation of contested election in rural dis- tricts 83 26 time limit for making complaint 83(2) 26 town districts time and place of meeting 84 26 notice by trustees to municipality of number of vacancies on board and of resident ratepayers 85 27 election of trustees when rural or village district becomes a town district 85(2) 27^ reports and statements to be submitted 86 27' need not be read 86(2) 27 may be published 86(3) 2T fiscal year 86(4) 27' treasurer's annual statement 86(5) 2T 124 Index annual meetings of ratepayers — continued town districts — continued See. Page election of trustees in town districts 87 28 voters' list to be furnished where lands partly wi*hin municipality 87(2) 28 penalty for failure to furnish statement 87(3) 28 return as to result of poll to be made to depart- ment 88 28 contested elections in town and village school districts 89 28 deferred school meetings 90 28 . annual report, by minister to Legislature 7 4 by educational council to the Lieutenant Governor in Council 12 6 appeal from decision of council 49 16 appointment of deputy minister, registrar, inspectors, etc., and term of office 3(2) 3 . audit, to be conducted annually 95 29 in rural and village districts, two auditors 95(2) 29 oiScial or municipal auditor to act in certain cases . . 95(3) 29 material for auditor 95 (4) 30 attendance of witnesses 95(5) 30 report by auditor 95 C 6) 30 fees for audit 95(7) 30 auditor of town district to be auditor of municipality 96 30 trustees, teachers or officer of district not to audit books 97 30 board, meaning 2 2 board of trustees first election of tnistees 30 10 term of office of first board 34 12 qualifications of candidates 72 24 declaration of office 35 12 certificate of declaration 35(2) 13 organisation of first meeting 36 13 number in rural and village and town districts .... 98 30 term of office 98(2) 30 where board takes place of official trustee 98(3) 30 body corporate 99 31 declaration of office 100 31 time of first meeting ' 101 31 appointment and remuneration of officers 102 31 meetings how called 103 31 notice of 104 31 regular 104(2) 31 waiver of notice of 104(3) 31 corporate acts 105 ,32 majority to form quorum 105(2) 32 number of trustees reduced to one 106 32 motions 107 32 questions to be decided by a majority of votes . . 108 32 chairman pro tern 108(2) 32 proceedings valid 109 32 duties and powers of trustees 110 32 Index 125- board of trustees — continued Sec. Pago- duties of chairman 114 35 duties of secretary 115 36 duties of treasurer 116 37 , bonding of treasurer security to be furnished by treasurer of town district 117 37 members failing to take security liable for de- fault 117(2) 38 form of bond 117 (3) 38 security to be furnished by treasurer of village or rural district 118 38 notification to minister of appointment and ad- dress of treasurer 119 38 resignation of trustees notice to remaining members 120 38 trustee who has resigned may be re-elected 120(2) 38 qualification of trustees seat vacated by conviction for criminal offence . 121 39 seat vacated by interest in contract with cor- poration 122 39 proceedings for ouster of trustees for neglect of duty 123 39 judge may order removal from office 123(2) 40 election to fill vacancies procedure in rural and village districts 124 40 conduct of election in rural and village districts 125 40 condiict of election in town districts 125(2) 40 term of office of new trustee 126 40 borrowing powers of temporary loans for current expenses 127 40 loans on security of district for purposes of school site, buildings, etc 128 41 bylaw, form of 12S (2) 41 to be inscribed in minute book 128(3) 41 notice of intention to borrow 120 42 posting up of notices 12!) (2) 42 advertising in town districts 129(3) 42 no poll for loans up to $1,200 130 42 ratepayers may demand poll if above that sum . 130(2) 42 procedure for authorisation of loan when no poll 131 42 proceedings when poll demanded notice of time and place of polling 132 43 posting up of notice in town districts 132(2) 43 copy bylaw and notice to be sent to local govern- ment board 133 43 returning officer and poll clerk 134 43 opening poll 135 43 copy notice of poll to be posted 136 43 person qualified to vote 137 43 scrutineers 138 43 declaration by voters 139 43' subscription 139 (2) 43' to be retained by returning officer 139(3) 44 refusal to take declaration to be recorded 140 44 ■126 Index i)oard of trustees — continued proceedings when poll demanded — continued See. Page penalty for false declaration 141 44 closing poll 142 44 in case of tie, returning officer has casting vote 142(2) 44 complaints re conduct of poll 143 44 returns to local government board regarding poll in case of complaints 144 44 complaints to be decided by justice of the peace 145 44 security for costs 146 44 if voting found irregular, poll to be declared void 147 45 vote by unqualified person to be struck out .... 147(2) 45 return by justice of peace to local government board 148 45 loan exceeding $5,000 in town districts 149 45 application to local government board 150 45 copy bylaw to be submitted to burgesses 151 45 bylaw submitted for voting 152 45 powers of council 152(2) 45 qualification of voters 153 46 certification of poll 154 46 expense of submission 155 46 submission at municipal election 156 46 with municipal bylaws 157 46 apportionment 158 46 Acts to apply 159 46 local government board may authorise trustees 160 46 term of debentures not to be altered 160(2) 47 issue of debentures 160 (3) 47 debentures and coupons to be signed on behalf of district 160(4) 47 •debentures to be signed on behalf of local govern- ment board 160(5) 47 debentures to be signed in departmental register .. . 160(6) 47 debentures, limit of 161 47 term of 162 47 rate of interest 163 47 date of debentures 164 48 forms of debentures and coupons 164(2) 48 sinking fund 165 48 restriction 166 49 application of moneys 167 49 diversion of moneys 168 49 disqualification 168 (2) 49 investments 169 49 temporary loan on debentures 170 49 pledge of debentures 170 (2) 50 registration of debentures 171 50 countersignature of debentures 172 50 books, tests and references, authorisation of 6 3 buildings, regulations regarding 6 3 burgess, meaning of 2 2 children, conveyance of (see conveyance) clerks, appointment of 3(2) 3 closing of schools .' 218(6) 61 219(6) 62 Index 127 'Collection of fees by minister 7 4 collegiate institutes, superintendent to supervise 3(3) 3 complaints arising from decision of board 8 4 ■compulsory education attendance of deaf children 194a 54 length of time schools to be open in certain districts 187 5-t provision for education 188 54 special provision re closing of schools 190 54 •conduct of schools fees, by whom payable 210 58 terms, year to be divided into two terms 173 50 hours and recess ■ 174 51 vacations I75 51 holidays 176 52 English sole language of instruction 177 52 other languages may be taught 177(2) 52 religious instruction 178 52 attendance not compulsory during religious exercise 179 53 no pupil to be deprived of ordinary education 180 53 kindergarten classes 181 53 night classes 182 53 manual, industrial and physical training powers of board 183 53 provision of equipment and courses of study . . . 184 53 employment and dismissal of teachers 185 54 -construction of school buildings 6 3 -contagious and infectious diseases 218 61 closing of schools 219 62 contested election in town and village school districts . . 89 28 conventions, teachers' 208 58 conveyance of school children, from one district to another 214 60 within the district 215 60 provisions of conveyances 216 60 regulations of conveyance 61(f), 217. 4, 61 •council, meaning of {see educational) deferred school meetings 90 28 •department, meaning of 2 1 ■department of education organisation 3 2 appointment of deputy minister, registrar, inspectors etc., and term of office 3(2) 3 functions 4 3 administration, control and management 5 3 regulations of, power of minister to make, for 6 3 duties of minister 7 4 powers of minister 8 4 superintendent of education, appointment and powers 3 2 disorganisation of school districts (see school) district {see rural (village and town) {see unorganised) minister may order to be rural, village or town 235 65 confirmation of existing districts 236 65 meaning of 2 1 borrowing powers of {see borrowing) 128 Index Sec. Page- duties of minister {see minister) of trustees {see board of trustees) education {see department) of nonresident children {see nonresident children) educational council members 9 5- meetings 10" & subjects for consideration 11 & report of council 12 6 election, first of trustee 30 10 erection of public school districts {see formation) of separate school districts {see separate) examination of teachers {see teachers) expulsion of pupils 110.31 34- fees, collection of 7 4 by whom payable 210 58- first board of trustees {see board) formation of public school districts conditions necessary for organisation 13 6- procedure 14 6 limits affecting existing districts, procedure 15 7 where proposed district within municipality 16 7 within two or more municipalities 17 7' without municipality or affecting town or village district 18 8- secretary of municipality to lay petition before council 19 8 regulations governing municipal councils 20 8 power of minister or municipal council to approve boundaries, as petitioned, etc 21 8 form of approval 21 (2) 8- second petition in case boundaries not acceptable . . 22 8- hearing by municipal council in ease of conflicting opinions 23 8- municipal standing committee for matters pertaining to schools 24 9- committee to call meeting of ratepayers 25 9 posting of notices, etc 25 (2) 9- first school meeting 26 9 chairman to sign declaration 26(2) 9' secretary 26(3) 9- declaration of persons intending to vote 27 9' penalty for false statement 27(2) 9" chairman not> to vote but has casting vote 28 10" poll for and against formation of district 29 10' nomination of trustees, qualifications, etc 30 10 poll, where more than three nominaitions . . 30 10 documents to be forwarded to department 31 11 organisation of district, minister may order .... 32 11 minister may correct misdescription of boundaries 32(2) IL notice of organisation to be gazetted 32(3) 11 name of school district 33 12 alteration on petition and publication .... 33(2) 12; Index 129 formation of public school tiistrict&— continued first school meeting — continued name of school districts — continued See. Page effect of change of. name 33(3) 12 formation of school district by minister conditions necessary for erection 37 13 exceptions of conditions 37(2) 13 election of trustees 38 14 formation of separate school districts {see separate) functions of department {see department) furnishing of school buildings {see board of {Tflltees) government of schools (see duties of trustees) infections diseases {see contagious) inspector, meaning of 2 1 inspe(>tors, appointment of 3(2) 3 institutes, teachers' 208 58 superintendent of education to supervise 3(3) 3 interpretation 2 1 kindergarten classes 181 53 libraries, management of 110(16) 33 superintendent of education to supervise 3(3) 3 management of department (see department) manual training 183 53 medical and dental inspection of pupils Ill 35 meetings {see annual, deferred, special) power of minister to call 7 4 of educational council 10 5 minister, meaning of 2 1 may declare any district a village, rural or town district 7 4 powers of 8 4 model schools, superintendent of education to supervise 3(3) 3 establishment of 8 5 municipal council, meaning 2 1 municipality, meaning 2 2 night classes 182 53 nonresident children, application for education of 211 59 where parent not a taxpayer of district 212 59 application of to have property assessed 213 59 normal schools 4 3 oath of allegiance, trustees must take 221a 62 occupant, meaning 2 2 officers, appointment 3(2) 3 official trustees (see trustees) orders, not to be invalidated for irregularity 233 64 correction of errors in 234 64 organisation of department of education 3 2 owner, meaning 2 2 penalties and prohibitions fulfillment of contracts 220 62 liability of trustees for unauthorised contracts 221 62 liability of trustees for unautorised contracts 221 62 false report or register 222 62 wrongful detention of property 223 62 misconduct of returning officer 224 63 130 Index penalties and prohibitions — continued Sec. Page penalty for disturbing school or meetings 225 63 false statement in returns 226 63 pupils with explosives 227 63 failure to give notice of annual meeting 228 63 teacher not to be trustee 229 64 no official to receive commission on sale 230 64 recovery of fines 231 64 application of penalties 232 64 powers of minister {see minister) principal {see teachers) public school districts {see formation) {see school dis- tricts) (alteration in limits) {see union) public schools, superintendent of education to supervise 3(3) 3 qualification of teachers 198 55 ratepayer, meaning 2 2 meeting of {see annual meeting) {see special meeting) {see formation of public school districts) reading course, teachers 6(d) 3 superintendent of education to supervise 3(3) 3 registrar, appointment i 3(2) 3 regulations re special meetings {see special meetings) regulations, power of minister to make 6 3 repeal clause 237 65 report, annual, by minister to Legislature 7 4 by educational council to Lieutenant Governor in Council 12 6 resident ratepayer, meaning of 2 2 returns to department of first school meeting 31 11 by educational institutions other than schools 113a 35 rural district, meaning 2 2 school meetings {see annual) audit {see audit) borrowing powers {see borrowing) school age ~ 209 58 school buildings, constructions, furnishing, etc 6 3 plans for, power of minister 8 5 school children, conveyance of {see conveyance) school districts {see formation) {see union) alteration of boundaxies of . .■ 54 18 application to whom made 54 18 requirements of application 54(2) 18 land in another district 54(3) 18 meeting of board of existing district 54(4) 18 notice to ratepayers a.ffected 54(5) 18 consideration of municipal council and notice to minister 55 19 minister may proceed as deemed advisable 56 19 village district, powers of minister 57 19 notice of alteration to be published in gazette 58 19 rights of ratepayers must not be prejudiced 59 19 rights of debenture holders must not be prejudiced 60 19 adjustments of assets and liabilities 61 19 powers of minister re adjustment 61(2) 20 re assessment and taxation 61(3) 20 Index 131 school districts — continued Sec. Page disorganisation of Lieutenant Governor in Council may order .... 62 20 adjustment of assets and liabilities 62(2) 20 libraries {see libraries) meetings {see annual) {sec deferred) sites in acquisition of site at centre of district 4.5 15 in case of difficulty, advising as to site 45 (2) 15 acquisition of new site for rural district 45(3) 15 posting of notices 46 16 length of notice 46(2) 16 regulations governing municipal councils 47 16 powers of minister or council to approve site applied for or any other site 48 16 form of approval 48(2) 16 duplicate to be forwarded to department . . 48(3) 16 appeal to inspector 49 16 award 49(2) 16 transmission of award 49(3) 17 time for appeal 49 (4) 17 penalty for acquisition in violation of Act .... 50 17 selection of new site 51 17 town or village district acquisition of site 52 17 minister may require reference to arbitrators . . .52(2) 17 additional school site in towns to be submitted to local government board 52(3) 17 procedure where parties disagree upon terms of same 53 17 compensation and mode of payment fixed by arbitra- tion ■ ' 53(2) 18 schools, {see conduct of schools) separate school districts {see school districts, alteration of limits) (see union) minority of ratepayers may establish school 39 14 petition for erection 40 14 qualification of voters 41 14 notice of ratepayers ' meetings 42 14 subsequent proceedings same as in public school districts 42 14 when deemed to be a town district 43 14 servants, appointment of 3(2) 3 sites {see school) short title 1 1 special meetings of ratepayers may be held for any necessary purpose 91 29 notice of and how called 92 29 business to be transacted limited to notice 93 29 regulations by minister re special meetings 94 29 superintendent of education {see department) suspension of certificate 8 4 taxpayer, meaning of 2 2 teacher, meaning of 2 2 teachers, examinations, licensing and grading of 6 3 trustees to engage qualified teacher 198 55 132 Index teachers, examinations, licensing and grading of — continued Sec. Page engagement of 199 55 form of contract 200 " 55 signature of contract 201 55 payment of 202 55 salary in case of sickness 203 56 payment of salary 204 56 -duties of 205 56 principal 206 58 principal to prescribe duties of assistants 207 58 teachers' associations , 208 58 teaching day, meaning of 2 2 technical schools, superintendent of education to supervise 3(3) 3 textbooks 6(2) 4 penalty for use of unaxithorised 228a 64 town district, meaning of 2 1 school meetings {see annual) audit (see audit) borrowing powers {see borrowing) training, manual and physical {see conduct of schools) schools for teachers, superintendent to supervise ... 3(3) 3 trustees, official, appointment 8(2) 5 powers and duties (see board of trustees) first board of {see board of trustees) union of public and separate school districts disorganisation and publication in gazette 63 21 powers of minister after disorganisation 63(2) 21 village district, meaning of 2 1 school meetings (see annual) audit {see audit) borrowing powers (see borrowing)