Governor to appoint a Provincial Superintendent, Commissioners of CAP. XXXIX. An Act for the Encouragement of Education. (Passed the 28th day of March, A. D. 1850.) BE it enacted, by the Lieutenant-Governor, Council and Assembly, as follows: I. The Governor in Council shall appoint during pleasure, a Provincial Superinten dent of Education, and for each of the Counties and Districts named in the annexed Schools and Trus. Schedule A, Five or more Commissioners of Schools; and for every Academy now or hereafter to be established, Three or more Trustees. Lees. Commissioners to divide places for School Districts. II. The Commissioners, of whom Three shall be a quorum shall divide the said places respectively into convenient School Districts, after due public notice of the intended division, and consideration of objections made by persons concerned, whenever the same shall not have been already divided and laid off, and may alter the Districts as occasion may require, and shall call Public Meetings of the Rateable Inhabitants of the Districts respectively, at which they shall elect three School Trustees for the District, and the Commissioners shall furnish to the Trustees and Teachers, descriptions of the Districts respectively. Imitasi occasion Trustees to be a Commrs. to appoint III. The Trustees of every School District shall be a Body Corporate, for the prosecution and defence of all Actions relating to the School or its affairs, and shall be distinguished by the title of Trustees of School District, No. " and have the possession of the School House and Property. IV. The Commissioners shall appoint a Clerk during pleasure, who shall not be give Security, &c. engaged in Trade, and who shall give Bond, with two sufficient Sureties, for the performance of his duties, and keep the Accounts, Monies, and Records of the Board, and he shall receive for each License to Teachers, Two Shillings and Sixpence, and five per cent. on the actual disbursements of the Board, not to exceed in the whole twenty five Pounds in any one year. Schools entitled to participation of Grant. Commissioners to examine School Teachers and grant License. Exemption from Service on Juries, &c. Trustees to render V. When the Inhabitants of any District shall have provided one or more sufficient School Houses, and the Trustees by distinct written contract engaged the services of one or more competent Teachers for the District, Male or Female, at a specific remuneration to instruct the Children therein, in Reading, Writing, Arithmetic, the elements of English Grammar and Geography, for a period not less than three months, the Commissioners, upon the application of the Trustees shall enter the School on a List to be kept by them, for participation in the sum by this Act allowed for the support of Common Schools. VI. The Commissioners shall examine all School Teachers, and grant to such of them as they shall consider duly qualified and of good character, Licenses to teach within the respective Districts, and no Teacher shall, without such Licence, receive any portion of the sum granted by this Act. The Superintendent, and also every Licenced Teacher while engaged as such, shall be exempted from the performance of Statute Labor on the Highways, and from Militia Duty, from serving in any Town Office, or on Juries, and also from the payment of all County, Poor, or City Rates. VII. The Trustees of every School, seeking aid under this Act, shall render half yearly to the Commissioners, a true account of the number, names, sexes, and the Scholars taught in such School, and the average number of Scholars, who have attended during the period since the last return, the Branches in which they have been instructed, the Books they have used, their progress in Education, the amount and particulars of the income and expenditure of the School, the amount of Salary of the Teacher, and in what manner the same is paid, and shall certify that the sum to be received from the Commissioners by the Trustees, is payable to the Teacher for his ages, of own own use, and that the engagements entered into with the Trustees by the persons applying for snch Schools have been performed; and shall furnish to the Commissioners a certificate from the Teachers respectively, duly attested on oath, that no part of the Salary of such Teachers has been collusively withheld, and that the representations and engagements have been made in good faith, and not merely to procure a portion of the allowance granted by this Act. lent Returns, &c. VIII. If a Trustee or Teacher shall wilfully render a fraudulent or incorrect account Penalty for frauduor statement on any Return, Report, Certificate, or Affidavit, required under the provisions of this Act, for the purpose of obtaining Provincial aid for any School, or for any Teacher or Trustee, whether the said Schools are Common or Grammar Schools or Academies, such Trustee or Teacher shall be liable to a Penalty of Five Pounds, to be recovered by the Clerk or the Commissioners, in a summary manner, before Two Justices of the Peace, with Costs, and to be applied one half to his own use, and the other half to the Commissioners for the general purposes of this Act. IX. The Trustees of any School District may call a Public Meeting of the Rateable Inhabitants within its limits, after Written Notice given by the Trustees for at least Twenty Days previously, in Five or more Public Places in the District; and if a majority of the Rateable Inhabitants present at the time agree to raise Money for the support of one or more Schools by Assessment, or for the purchase of Land whereon to erect School Houses, or for the building or repairing School Houses, they shall then appoint three Assessors, who shall forthwith proceed to assess the amount voted at such Meeting upon the Inhabitants of the District, by an even and equal rate upon every such Inhabitant, in proportion to his ability; and shall make up and return such Assessment to the General Sessions of the Peace for the County or District, or to any Special Sessions to be held for that purpose; at which General or Special Sessions appeals from any such Rate may be heard and determined, and all such Rates shall be collected, and such other and further Proceedings had in relation thereto as by Law prescribed in case of Poor Rates. Recovery of Do. Trustees to call Meeting for raising Money to erect School Houses and asses ment for do. Academies and X. There shall be annually granted the Sum of One Thousand Seven Hundred/41700 annually for Pounds towards the support of Academies and Grammar Schools, to be applied under the provisions of this Act amongst the several places, and in the proportions specified in Schedule A, hereto annexed; the sums allotted for Grammar Schools to be subdivided among not less than Two, nor more than Four Schools in each County, in such proportions as may be directed by the Commissioners of Schools in the several Counties and Districts, except as may be otherwise provided in Schedule A; but no Grammar Schools shall receive less than Twenty-five Pounds; and there shall be annually granted the further sum of Eleven Thousand One Hundred and Seventy Pounds towards the support of Common Schools, to be applied under the provisions of this Act amongst the several places, and in the proportions specified in the Scnedule B, hereto annexed. Half Yearly on Treasury and apportion, &c. XI. The Commissioners shall draw half yearly from the Public Treasury, the sums by Commrs. to draw this Act allowed for the places respectively, and shall apportion the sums allowed for Common Schools according to the sums raised by the Inhabitants of the District, and the number of useful branches taught therein, having regard to the nature, amount, and quality of the Instruction, and the amount paid by the people of the District towards the Salary or Fees of the Teachers, and the Commissioners shall exclude any District from participation in the Public Grant, if it shall appear that the Inhabitants have not according to their ability, provided and paid for a Teacher; and kept the School House in repair. Before distributing the Common School Fund, the Commissioners shall annually apply such sum, not exceeding one-sixth of the whole fund at their disposal, as may be necessary for Schools in poor or thinly peopled Settlements, on such terms as they may think reasonable. There shall be always gratuitously taught Commrs. annually report proceedings taught in every Common School, Grammar School, or Academy, receiving aid under this Act, as many Poor Scholars, not exceeding Eight, as the Commissioners and Trustees respectively shall see fit to send. XII. The Commissioners shall return to the Governor, on or before the Thirty-first to the Governor. day of December in every year, a true Account and Report of their Proceedings, and of the Monies by them received and distributed, and such other Returns as may be directed by the Governor, and shall certify that the same is to the best of their belief correct in every particular, and that they have distributed the Provincial Money impartially and faithfully. Requisites for obtain ing allowance hereunder. Course of Education in Gramr. Schools under this Act. Schools wherein the Languages in this entitled to partici Province equally pate in allowance. Instructions neces allowance. XIII. Where Grammar Schools are authorised under this Act, the allowance therefor shall only be paid under the conditions following, that is to say that a good and substantial School House, in a situation to be approved by the Commissioners, shall be erected and completed to their satisfaction. Secondly, that a Salary not less than Forty Pounds a year shall be subscribed by the Inhabitants, and secured to the satis"faction of the Commissioners, for the Teacher of such Grammar School during the continuance thereof. Thirdly, that the Teacher to be engaged therein, before such School shall be admitted on the list of Grammar Schools, shall be qualified, examined, and approved, as herein mentioned, and shall be competent to teach in addition to the ordinary branches, Algebra and Land Surveying, and when the same shall be required by the Commissioners, Navigation, the Classics, Agricultural Chemistry, one or more of the Modern Languages, and some of the practical branches of the Mathematics, and on the fulfilment of the said conditions, the Commissioners may enter such School on the List as a Grammar School. XIV. At Grammar Schools receiving aid under this Act, there shall in addition to Reading, Writing, Arithmetic, Geography, English Grammar, History and Composition, be taught Land Surveying, Navigation, and the Mathematics, whenever any pupil shall require to be instructed therein, and also the Classics, one or more of the Modern Languages, and Agricultural Chemistry, whenever it shall be found practicable to introduce the same; and no Grammar School shall receive any allowance under this Act, unless the Trustees shall have actually received by the contributions of the people, and tuition fees, at least Forty Pounds per annum towards the payment of the Teacher, and unless at least twenty Scholars shall be regularly and constantly taught therein throughout the year, of whom not less than ten shall regularly and constantly receive instruction in the above enumerated higher branches, or some of them. XV. Schools wherein the ordinary Instruction may be wholly or in part communicated in the French, German, Gaelic, or other Languages, shall be entitled equally to participate in the Provincial allowance with Schools where the English Language is exclusively used, provided such Schools are in other respects entitled to such participation. XVI. At all Academies receiving assistance under this Act, instructions shall be in sary for receiving the Classics, Agricultural Chemistry, the practical branches of the Mathematics, Algebra, Geography, English Grammar, History, and Composition, and also in one or more of the Modern Languages. Trustees of Academies may make Bye Laws. Trustees of Acade mies Half Yearly to make Returns. XVII. The Trustees of Academies may make Bye-Laws for the Regulation thereof, which shall be transmitted within one month from the time of their being made to the Governor, for his approbation in Council, and shall have no effect until such approbation is signified. and XVIII. The Trustees of Academies receiving aid under this Act, shall make up return on or before the thirtieth day of June and the thirty-first day of December, in every year, an accurate account of all sums received and expended by them, whether from Legislative Grant or otherwise, with a report of the names and ages of the pupils, and of the course of Instruction and other particulars concerning such Academy, and its 17 and management, in such form as the Governor in Council may from time I to time direct. its progress Public Examinations twice a year. Academies to receive allowance under this Aet, XIX. The Trustees of Academies and Grammar Schools receiving aid under this Trustees to hold Act, shall hold Public Examinations, twice in every year, of the Pupils or Scholars contained therein, of which Examinations public notice shall be given, so that the same may be attended by all persons desirous of being present thereat. XX. No Academy shall receive any allowance under this Act, unless the Trustees Requisites to enable shall have actually received, by contribution of the people, and Tuition Fees, at least One Hundred Pounds per annum in money, toward the payment of the Teacher, and the otherwise sustaining and upholding of the Academy, and unless at least twentyfive Scholars shall be regularly and constantly taught therein through the year, of whom no less than ten shall regularly and constantly receive instruction in the Classics, Agricultural Chemistry, one or more of the Modern Languages, the practical branches of the Mathematics, Algebra, and Arithmetic, in addition to English Grammar, History, Geography, Composition, and other branches of a higher English Education. &c. &c. mies to be a Corporate Body. XXI. The Trustees of Academies, respectively, shall be a Corporate Body, and Trustees of Acadepossess the Academy and its property so far as to prosecute and defend all actions relating thereto, and shall be designated as "the Trustees of the Academy." XXII. The Superintendent, as soon and as often as may be, shall visit the different Superintendent to Schools, personally inspect their discipline, enquire into the personal qualifications of Schoolmasters, the Books in use, and the accuracy of Returns and Accounts, and shall make half-yearly, for the information of the Government and the Legislature, a Report of the general state of Education throughout the Province, illustrated by clear and methodical statistical Returns. visit Schools, &c., and make Half Yearly Report. once a year, Teachers to attend, and Supdt. to preside. Lists of Teachers, &c. XXIII. Meetings shall be held at least once a year, on some day to be appointed Meetings to be held by the Superintendent, at which the County or District Commissioners, and all the Teachers licenced by them, may attend, and at which the Superintendent shall preside; at which Meetings each Commissioner or Teacher may discuss freely the subject of Education, and offer suggestions and move Resolutions; the proceedings of such Meetings to be recorded by the School Clerk, who shall furnish the Superintendent with a copy of the same, to be appended to his general Report. XXIV. A List shall be kept by the Commissioners of all the Licensed Teachers Commrs. to prepare within their jurisdiction, the length of service of each being noted, and the five most meritorious having a mark set opposite their names; such distinction to be conferred by the Superintendent and Commissioners; aud a copy of such Lists shall be annually furnished by the Clerk to the Superintendent, for the information of the Executive. XXV. The Superintendent shall furnish the Commissioners, Trustees and Teach- Supdt. to furnish ers, with such information as may be necessary, with a view to improvement in the structure of School Houses, their free ventilation, the embellishment of the Grounds on which they stand, the supply of the best Maps, Books, Forms of Returns, and means of Illustration, and generally shall exert himself to encourage the formation of Teacher's Institutes, to supply destitute Districts with sufficient Teachers, and to establish, so far as may be done without undue interference with the functions of the Commissioners and Trustees, an efficient and uniform system of instruction. Commrs. with Academies for In#pection, &c. XXVI. The Superintendent may visit all Academies, drawing support from the Supdt. to visit all public funds, inspect their discipline and accounts, offer suggestions for their improvement, and report on their state and efficiency, for the information of the Executive and Legislature. XXVII. The Governor may advance upon the Requisition of the Superintendent, Governor to advance the sum of Six Hundred Pounds per annum, to be expended in the purchase of improved School Books, Maps, Aparatus Educational Reports, to be distributed amongst the 16 Boards £600 per annum £500 per annum for establishment of School Libraries. £250 Supt's. Salary. 13: Boards of Commissioners of the respective Counties and Districts, in the same proportion as the money appropriated for Common Schools is divided by the provisions of this Act; to be distributed by the Commissioners gratuitously among the Poor Schools in their respective Counties or Districts, or otherwise sold at cost price. XXVIII. The Governor may draw from the Treasury, a sum not to exceed Five Hundred Pounds per annum, and apply the same in proportion to population, for the establishment of School Libraries in central and suitable places in each County, under such regulations as to the Governor in Council may seem suitable-such Libraries to be under the charge and control of the Commissioners, and open to the inspection of the Superintendent. Catalogues of the Books selected, shall be returned to the Legislature, upon whose vote any Book deemed objectionable shall be withdrawn. XXIX. The Superintendent shall be allowed annually Two Hundred and Fifty £100 Contin. of Do. Pounds for his Salary, and a further sum of One Hundred Pounds for the contingencies of his office and travelling expenses, exclusive of postage. Devisee for erecting Clergy and Magis. ex officio visitors. No Commissioner to be a Teacher or Clerk. When Act will come into operation. £50 Eastern District Halifax. £50 Western Do. £100 Lunenburg. £100 Queen's Cy. £100 Annapolis. £100 King's Cy. £100 Pictou. £25 District of Parrsborough. £75 Cumberland. XXX. Any person may convey or devise Real Estate to the Commissioners for the place where the Lands are situated, and duly vest in the Commissioners and their Successors in office, the Legal Estate therein in trust for the purpose of erecting and keeping a School House thereon, and the Commissioners may sue or be sued in respect thereof, but shall have no control over any School House on such Lands as against the Trustees of the School District, or the Inhabitants, other than may be conferred by the conveyance or devise. XXXI. The Clergy and Magistrates of each County, shall be ex-officio visitors of the Schools within the same. XXXII. No Commissioner shall during his continuance in Office be a Teacher or Clerk. XXXIII. The Act passed in the Ninth year of Her Majesty's Reign, entitled, An Act for the encouragement of Schools, shall continue in force until the first day of May next, and this Act shall come into operation on the first day of May next, and continue in force for two years from that date. SCHEDULE A. Referred to in the First and Tenth Sections of the foregoing Act. The District of the City of Halifax. Eastern District of the County of Halifax, Fifty Pounds for one or two Grammar Western District of the County of Halifax, Fifty Pounds for one or two Grammar County of Lunenburg, One Hundred Pounds for Grammar Schools. County of Queen's County, One Hundred Pounds for two or three Grammar County of Annapolis, One Hundred Pounds for Four Grammar Schools, viz: at County of King's County, One Hundred Pounds for Grammar Schools. District comprising the residue of the County of Cumberland, Seventy-five Pounds The |