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-PRINCE EDWARD ISLAND ADVERTISER.

CHARLOTTETOWN, SATURDAY, MAY 22, 1841.

AND

[No. 199.

/

SCHOOL ACT. lunder and by virtue ofthis Act unless the In u on the res ective Inh ' ‘

t ~ . ., - i “ ab tant f h - . . . :7 . lllabitants ofthe, District comprising his school ltdict, being Ii'Iouseholders, land fiaiiiniu: Clfiifd SUCh thud not vo'qntardy SUbscnbed' of the .AN ACT relating to Schools, and for the En-ishall have prowded a suflicienLSchool-house; or Children between the ages of Steven and

_ couragement “Educatmq and that he shall have had under his tuition Fourteen years,—-—regard being had ‘to the

of the original agreement made by him, or on his be- ‘ half, with the subscribers, or a true copy thereof, at—

J‘-

yearly salary or tuition money agreed to be received b ‘uch Master, or to the extent of the rem one third, or any less part

41

, the number of Twaht Scholars d ' h " f Passed 1‘!)lech 1841'] i y _ uring e amount of property and number ofChiidren of th f ' ‘ ‘ N I h HERFAS the get now in force, for the pfrgtgdcqlii'tIiwglttre Mohntlllls for which hehclaims such inhabitantsas such Trustees shall in their “82:15, “rigid’srfeblifotimgf‘lgiigsgblhaddli Szltl‘fl’c‘fi: tfizlghn‘llllgo: , 1 .fl _ _ * e osuc a owance' or w ere in discr i' th' k‘ d z z : ' ' J ' ' ‘ I I . I~ encouragement and support of District default of such number of Scholars, the that :oliiiie li'ilhabitnrfflshbilfblisnri‘ssgssid(iiildaliijy house as a [dim case we“ SCIIOOl-house sed’ or thereto annexed"

shall be rcq ed, the said third or less part under the hands 0f the thereof to be apportioned and levied 'on the resn TWSteeS Of his selloob i pective Inhabitants so to be assessed as afore- that the prOViSiOnS of this said, in such proportion as, according to the Act Shall have been duly number ofhis or her children, and ability inICC‘mPlled With, and also circumstances, such other two thirds or more'certifying to the gOOd con: subscribers of such Inhabitants may deemjust duet, attention and sobriety and equitable : Provided always,that the sum OfSUCh Master, timing the to be assessed upon any one Inhabitant in any time he Shall have ke‘pt ‘ one year toward the yearly salary ofany Mas- his SChOOl Pursuant to Sucb ' ter, shall not exceed the amount oftuition mo- agreement—which conduct ney actually payable by such Inhabitant for Shall thereon be also corti- his child or children, being between the age of tled by one Justice ofthe Seven and Fourteen years, and at the time of P6806 residing not" well

~£ and other Schools, is about to expire, and it is _ aexpedient to make further, and in some res- ec'ts, other provisions for these purposes :

"‘Be it therefore enacted, by the Lieu~ ' ‘ enant Governor, Council and Assembly, That it shall and may be lawful for the Administra- W’jfitor of the Government for the time being, by it and with the advice and consent of Her Majes- "[ty’s Council, to nominate and appoint I-‘iv,e fit‘ its and proper persons. of whom Three shall be a Quorum, which Five persons so appointed shall constitute a‘ Board of Education, and 'li Shall meet Four times in each year, (that is to “it say)—-on the last Thursday in the Months of “It January, April, July and October, respective- lfi ly, and on such other and further days as the said Board shall deem necessary; and Shall "it give notice of the place and hour ofsuch Quar- tfi. terly Meetings in the Public Newspapers, at

amount of tuition money raised. by subscrip- tion, and the amount assessed on the Inhabi- tants shall together amount at least to Thirty and such Assessment shall be recoverable in Pounds, exclusive of Boarding and Lodging. like manner as is expressed in the Seventeenth . 1]. And whereas differences ofopinion and’ Section of this Act; and such Trustees shall difficulties may at times arise among the Inha~ also have such further powers,and be liable to bitants of Districts or‘ Settlements. whereby such further duties and offices, in all respects the sites of School-houses, as well as the ex- as other Trustees appointed under and by vir: tent and boundaries of School Districts,cannot tue of this Act. bejudiciously chosen and defined: Be itthere- - 16. And be it enacted, That two 'of the fore enacted, that it shall and may be lawful Trustees of every school appointed in pursu- for tiny one ofthe nearest of Her Majesty’s ance of this Act, shall in rotation go out of Justices of the Peace, or Commissioners for ofiice in each year, commencing with the two the recovery omeall' Debts, not being‘parties members first nominatedand appointed; and the the im 05;“ of such Assessment a “a” School_the said seem- interested in the expense of such School- Inhabitants ofthe District comprising such ' p g 'c l y t b d ' house, or of the salary and support of the School for which they shall have been appoint- goipg whaliy Ether SChOO]; and finer su" days ary’ y a? wnh the'con- l‘eacher to be employed therein, to fix and de- ed, shall from time to time, appoint others in no we is all '6 PO‘Ste'd UP at three pl‘bl'lc Pia- burrerl'cco'tInBOther Mam. fine the sites for School-houses, and the extem their Stead, having the like Powers and ammo. ces aft‘tie egstt \Vlthindsuch School District,‘ “fr 0 sai peril], shall . . I j and boundaries “School Districts; and when my: Provided that in case such Inhabitams speci ying t e time an place, and purpose oi ereupon certi y t ‘9 class ind least tlpkrtg l()lays pTeVlotlilS to each Meeting. and so often as the Inhabitants of any Settle- shall neglect to elect two Trustees in the room armee‘én'g 0f stimh Itnhabltantt's; “m? ihey Shall kl) flflmlill SUCh qdacIfir I 2 n 8-,, enacte , That the said Board, mam ,Iownship or District cannot among of suchTmstePS 80m Gout aroma f p occe in or or he appor ion an evy suci Sin e ong, an e 51 when so constituted, shall nominate and a - them"e , ' ' b ' 'l g ' e asa ore- Assessment; and Iran}, person so assessed amount to mehl by La'w’ a“. oim one unripe-n. number as Secretary of fife rm, “:13:Eggegégofifilghzie 2: Ewes: (5:533: glad: ghggtinudtlgolvf‘glfiucélsi: SJ’f‘filégmstfies 51m” shall, on demand madee by the Trustees of the and as shall satisfactorily It! oard;-and the said Secretary shall be paid quisite number of School-hou’ses r: uired by shallgbe elected iri‘their lace W 0 ers' SChOOIfor SUCh‘DismCt" or by SUCh per'son as appear'by “eh certificates :1. the sum oé‘Fifteen Poundsannually, liir his ser- such Inhabitants, or upon the exilent of or 17 And be it enacteg That in all cases tfhe'v’ (“they mfiomy oiihem’Shai] appomt’ref] Stiletitlsftld TeiiChertslM“ be i ivvices. an to reimburse him for Stationcrv and ii ' ' i l ‘ use or'neg cc 0 Pay‘ Ie u'moun so assesse ' ; an on he pia- lfl other contingent expenses; and each individual SgiictfblDgtiiirdfrgfidpddfieanibbcfongdifif Inahna): ihlf:nahh:aTer::it:::w(iihalihesstiibosflrifii::1tdlnffir upon him or her a? moresmdfor the Space Of ducmm 0f sleigh certifi- fll of the said Board, exclusive of the Secretary, bitants beimr house-holders not less than School oi: behalf ofthe master the are l ~10 ten dfys from “lemme “making SUCh demand, Gate 13“ memmned’ IUCh I“ shall be paid the sum of Four Pounds for his Five, shall Umake request iii writir ito an 1, pm lowered either in um} lownyrja dem- ihen “.Shfln and may.be.‘e°°ve’ed‘bef°"e Spell Teachef shall be emmed seerC-esi SUbjeCt t0 the dedUCtlon 0f Twenty Such Justices ofthe Peace or Comriiigssmnerb irf thepnamei of such one or more 'oftlndw’ or Commissmncrs’ and m llke mariner! and‘ SUb' to “new? from the Tum- ‘ Shillings each, for each ofthe aforesaid Quar- as aforesaid, it shall be the, duty of such Ius- of such other erson as a m'i'orit olf “that: Jeet to sum forms and proceedings as Sma.” sury9nh‘S-151and (he re- “ terly days they Shall be absent- tice or Commissioner to attend at such lace shall a oint ti: sue for and rebJovciyin the Sh- Debts now are and may be recovered’ and m fpecnve amimms {Onow‘s’ 3. And be it further enacted, That when andrthere personally to make such inQuii‘Iy iri Preme Fgourt’ofJudicatn-m such sum or sums the'nam'e of the Trus‘ees'of the SChOOl for “lg, h<ithat IS t9 MY).- "i and 50 0&9“ ‘15 “Y’Vacancy Shall occur in the such manner, and to such extent as to ’him being above Five Pounds ’as the said subscri: web D'Sinct’ or of a major”), or such Trus’ jeac ers oflhe F'rst Class said Board, by death, removal, or otherwise, shall be deemed requisite; and thereupon to bers shall be liable for bylvirtue ofsuch a ree- trees, or "i the name or'aniv p'erson appomted tilfiISTm of Ten Pounds; it shall andflmay be lawful for the Administra- fix and determine on the proper and most eligi- merit; and when, such sum shall be beneagIh or or that pmpose by well majority. an d C(Iac letIlS of'thef ET on tor ofthe government for the time being. by ble site Oi‘sites ofsuch School-house or School- not exceeding Five Pounds, and the same tcgdh Pd‘iiisids—e—tsdmb: 1'd “a. and With the adVice as aforesaid, to appoint a houses, and the proper limits and boundaries shall not be paid within ten days after a de- 1) Warrant under pflie- fit and proper person to fill up such vacancy. to the District or Districtsl thereof; and his mand thereof made upon or at the residence of lIand and Seal of the“ Ad? Ids; 4- And he tt Chaotedi That any Person Who decision thereon, made in writing, under his the debtor, and after an order “for payment ministrator of the Govern-

sum exceeding Forty shillings for the cost and expense of erecting any such School-house,

90. And whereas there are certain Settle- ments situate in remote parts of the Island, and containing but few inhabitants, who by the foregoing provisions ofthis Act would be ex-

Inglr may be a Candidate for the situation offichocl- hand, and returned to the Secretary' of the Board of Education, shall be conclusive, un- less the Inhabitants ofthe District comprising such School or Schools, and being interested therein, shall unanimously agree t‘ogalter or

«if-t; master for any District School in this Island, shall, on one ofthe days of the said Meetings, b,‘ or on such other day as any ofthe said Board i shall appomt, present himself for and submit to an examination of his qualifications in the branches hereinafter mentioned; and if the dirt Board be satisfied with the Candidate’s qua- uj Iifications, they shall give him a Certificate of mi having passed such Examination.

1 5. Provided always, and be it further enact- ted, That the said Board shall in 'no case exa- gw mine or grant a Certificate to any person In“ whomsoever who shall not have first produced I.” to the said Board a satisfactory Certificate 0 [5,, good moral character.

“a . 6. And be it enacted, That there shall be out in future only two Classes of District School- “ masters, who shall be

ill. in. Class,.in addition to the above qualifications, Act. '3; shall be competent to teach the Latin Lane , 'guage. Geometry, Trigonometry. Mensnl‘a- of any School District within this Island, “‘1 tion, Land Surveying, and Navigation, toge' who shall have provided the School house as M ther With Geography and the use ofthe Globes aforesaid, shall and may, and they are hereby .u" ——‘—and the. Board of Education, after having required, to nominate and appoint Five Trus- “ examined and ascertained the qualifications of tees, three of whom shall he a Quorum,whose j.f such Candidates as may appear before them, “q shall specify in the Certificate to be given them,

- to what Class of Teachers the said Candidates . areduly entitled to belong. ’ “I, 7. And be it enacted, That the Teacher of i the National School in Charlottetown shall be 3 _~ entitled to the same amount as is intended to

be paid to the First Class Teachers, under and by virtue ofthis Act. '

8. And be it enacted, That every School- house within the meaning ofthis Act, iferected for, and used as such, before the passing thereof, shall_be notgless in clear area than one hundred and sixty‘eight square feet; and if

vary the same.

12. And be it enacted, That every Justice ofthe Peace,or Commissioner who shall be ap- plied tc for the purpose or purposes in the pro- ceding clause mentioned, shall be entitled to demand and receive of the applicants, for. his trouble, the sum of Eight-pence per mile for each mile travelled, to and throu hout such School District, and the sum of Five Shillings for his decision in writing, and transmitting the same to the said Secretary of the Board of

Education-

. 13. And be it enacted, That any such School- . I licensed by this Act to house as aforesaid may the ’used as a place of teach in this Island; that Teachers of the public \Vorship, or for any other lawful public First Class shall possess a competent know- meeting, by and with the consent ofthe majo- 4. ledge of, and be qualified to teach Book-keep- rity of the Trustees thereof, when the same

‘1 “mg, English Grammar, Reading, Writing, and shall not interfere with the teaching of the ' Arithmetic; that TonCherS‘ of the Second Scholars therein, as is -contemplated by- this

14. Andbe itenacted, That the inhabitants

duty it shall be to examine the said School q‘uartcrly, and inquire into the order, and di- rect the discipline and regulation of. such School, and give to such Licensed Teacher who has had the management thereof the ne—

cessary certificates required by this Act.

15. And be it enacted, That when and so often as it shall happen that in any Settlement, Township or District wherein no School shall at any time have been kept, or wherein the public School or Schools established in such Settlement, Township or District, shall have ceased to he kept and taught for the Space of Twelve Months, and the Inhabitants thereof

thereof made in writing, under the hands ofa majority of said Trustees, and produced to the said debtor,or after the said order or a copy thereofshall‘ have been left at his divelling- house, that then and in every such case the said Trustees,or any one or more of them, or such other person, as the majority ofthem may appoint, may sue and prosecute the said debtor before any one or more ofHer Majesty’s Jus— tices of the Peace or Commissioners of Small Debts residing within the County where such debtor may live: Provided, that the party De- fendant shall be entitled to an appeal, as is regu- lated by the Thirteenth Section ofan Act pas- in the Second year of the Reign of King \Villiam the Fourth, Chapter the First.

18'. And be it enacted. That a majority of the Trustees of any District School so -appointcd as aforesaid, may, and they are hereby empow- ered,whenevcr occasion may require, to as- sess the Subscribers and persons interested in such Schoolsin just proportions; for the ne- cessary repairs and supply of fuel which may be required for such Schools; and such Assess merits shall be recoverable with COSts, before any Commissioner for the recovery of Small Debts, by and in the name of any one Trus- tee authorized by a majority ofsuch Trustees; and such Assessments when recovered shall be applied for the purposes for which the same shall be levied. '

19.

inclined, are not of themselves num

And whereas it sometimes happens chat certain Inhabitants of School Districts in this Island, although having children of be- wcen the ages ofSevcn and Fourteen years, and being in circumstances of sufficient abili- ty to afford some one or more of such their children considerable advancement in educa- tion,~ nevertheless refuse to contribute any amount towards the support or establishment of any School, or to the erection of any School-house for such pu‘rpose,‘ by which means the remaining Inhabitants of the same Settlement, Township or District otherwise crous

cludedthe benefits thereof: Be it therefore enacted, That \vhen in any remote Settlement of this Island the respective Inhabitants there- of being‘atthe extremes within three miles 0 one another, and not within one and a half mile of any established school, witliin the fore: going provisions ofthis Act, and the children of whom being between the ages of Seven and Fourteen years together shall not amount to twenty in number, the Master of any School taught therein shall be allowed, per year, at and after the rate of Eight shillings for every scholar by him taught in such School: Pro- vided always, that no allowance to any Master within the meaning of this clause, shall be paid, unless it shall appear to the Secretary of» the said Board of Education, upon the A fiidavit ofsome one or more of the subscri- hers to the salary ofsuch master, subscribed and sworn before some one of ,Her ltIajesty’s Justices ofthe Peace for any County ofthis Is- land, that sucli Master had taught a certain number of scholars, to be mentioned in such Afiidavit, in a good and sufficient School-houseI for the period of the Twelve Months for which he shall claim to be entitled to such allowance; and also, that within twenty days after the es- tablishmentofany such School, a certificate in writing signed by at least three of the subscri- bersthcreto, specifying the local situation of such School,the number of subscribers thereto, the numberofscholars and the name ofthe Mas- ter engaged therefor, shall have been deposited with the Secretary ofthe Board of Education ’21. And be it enacted, That in the event of any dispute between any of the Subscribers, or any of the Trustees and the Teacher, as to

ment for the time being, by and with the advice and consent of Her Majesty’s Council.

9.3. Provided always, and be it enacted, That the Teacher of one of the District Schools for George-f town and Royalty, and the Teacher of one ofthe Dis— trict Schools in Princetown Royalty, being duly quali- fied as SecondClass Teach- ers, shall severally be en- titled to receive from 'the

. Colonial Treasury the um

of Ten Pounds annually, in addition to the allowance to which they may be enti- tled by the foregoing see~ tion of this Act: A716 provided further, that the several District Schools in the Town and Royalty lof Georgetown or Princeton-p respectively, towards which tiny allowance of m’oiley shall be granted by virtue of this Act, shall not ex- ' coed in either of the said ‘ Towns and Royalties the number of Two.

24. And be it enacted, That all Teachers, while conforming to the provi- sions and requisitions of‘

his conduct as Teacher, the Subscriber or Sub- scribers, Trustee or Trustees, intending to prosecute such complaint, with the view of.rcv movinglhim from the School before the expira- tion of his engagement, shall be obliged to lodge in writing 'with any one or more of the adjacent Magistrates or Commissioners of Small Debts, a statement ofsuch complaint,

this Act, shall be exempt fiom the performance of Statute Labour and Militia. duty.

‘25. And be it enacted, That any Female Teacher, who shall qualify for either Class, as directed by this Act, shall be entitled to

and at the same time to send a copy thereof to the Teacher; and such Magistrate or Magis- trates, Commissioner or Commissioners, may inquire into such complaint, and examine VVit-

nesses on Oath touching, the same ; and on

. . . . . ,tained herein respecting such complaint being established, a majority other Schools, and saving of the 'I rustees or t

he SUbscribers Shall am alwa s that Schoolstaught may intheir discretion supersede suchTeacher, b Finzfles may be situaire and engage any other in his stead,.to whom it? an lace and “10, be the Subscribers shall be bound in equal liabi- confinyedp ,0 'a mom ,used lity as they were to such supersedod Teacher exclusiveb, for that pup for such term ofhis agreement as 'may be ose, Provided, that the unexpired at his discharge; but all such Sub- said ‘School shn” be limited . scribers shall nevertheless be bound to payhim to the instruction of Fe. the proportion ofhis salary up to the period of male Scholars, and ‘0 that : lodging such complaint; and neither such pay- of Boys under the ag'co‘p : merit made, nor such proceedings taken, shalfrpen years: -And Provided be deemed to affect any claim in the said also’that thereshnnnotb'n H Teacher to the residue ofsuch salary, on any more than. two such grounds on the part» of such Subscribers to re- in Charlottetown», m be i,

sistthe payinent’of the said residue whichlthe Vgaught by those wh‘o aha“ _ parties respectively would have had in - Jaw

. first duly qualify for that without the passing ofthis clause. ‘ V _

purpose

22. And be it enacted, That each and every 96. And be it enacted,

licensed Teacher, on depositing, or on there That every French Aca- bcing deposited on his behalf, with the Secre-

dian Teacher, who shall my orthe Said Board Of Edhcotlon, one part teach in a school the GILLI

the allowance herein pro- vided for' MaleTeachers, subject to all the regula- tions and provisions coa-

' 5 erected after the passing ofthis Act, shall not be less in Clear area‘than Two hundred and g [fifty-six squiire feet; and every such School- ‘ _ heuse shall be kept in thorough repair. , 9. And be it enacted, That no School mass 3'7, ter, or Teacher ofthe first or lowest Class shall . be entitled to any allowance by virtue of this Act,. excepting Teachers mentioned in the Nineteenth and Twenty-fifth sections thereof, unless the inhabitants of the District compris- ing, his School ,shall have first provided a Inflicient School-house, to be‘cxclusively used for thitpurpose; except as is hereinafter pro- Vldbd in and by the Thirteenth Section of this Apt: .and also, that he shall have had under his tuition the number of Twenty Scholars, du- “ng tho Space of Twelve Months immediately {recedmg’xthe period of-his claiming such al- owancei 0" Where in, default ofsuch number of schOIars'.th9 “mount of tuition money .raised bylsubscrlptlon, and the amount assessed on thpinhabitants, shall together amount at least to. Twenty Pounds, exclusive of Boardinu and Lodging. °