INDEX TO THE SIXTEENTH VOLUME.

N.B.-THE FIGURES DENOTE THE NUMBER OF THE PAGE.

CONTENTS OF THIS NUMBER.

PAGE

Digest of School Cases lately tried before the Superior Courts II. ORIGINAL COMMUNICATIONS-(1) Teachers School Visits. (2) Special Reports of Grammar School Inspectors. (3) Compulsory Attendance at School..... III. PAPERS ON PRACTICAL EDUCAN-(1) Gymnastics for Common and Grammar Schools. (2) Grammar School Drill. (3) The Regular Oourse of Studies. (4) Habits of Inattention in Pupils. (5) Catching the Boys. (6) Extremes of Opinion and Practice in School Matters. (7) Composition of Black Boards. (8) Directions for making Crayons... IV. PAPERS ON COLONIAL SUBJECTS-(1) The North-West Territory-The Fur Trade. (2) New Westminister-British Columbia, (3) Wonderful Copper Discovery. (4) Canadian Manufactures.......

V. PAPERS ON EUROPEAN SUBJECTS-(1) A Day at Cambridge, England. (2) The Thousandth Birthday of the Russian Empire

VI PAPERS ON NATURAL HISTORY-(1) Sagacity of an English Dog. (2) The Nest of the Baltimore Oriol. (3) Arctic Birds below Quebec. (4) List of Entomologists in Canada VII. BIOGRAPHICAL SKETCHES-No. 1. The Rev. T. S. Kennedy. No. 2. The Archbishop of Canterbury, No. 3. James Sheridan Knowles, Esq. VIII. MISCELLANEOUS "The Englishman's Farewell to his Native Land." (2) The Future Princess of Wales. (3) The Empress Eugenie's Boudolr. (3) Intercepting Steamers off Cape Race, (3) A Specific for Small-Pox IX. Short Critical Notices of Books

X. Educational Intelligence....

XI. Departmental Notices

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Canada.

No. 1.

would be avoided, and the harmony of the section would be undisturbed.

There is one other point to which we would call particular attention, and that is the regulations in regard to appeals to the Educatio Department. Those regulations are so fre5quently lost sigut of, that much delay and unkind feeling is the consequence. Besides, the Department is placed in the unpleasant position of being considered partial, should an opinion even on a legal point be given, without hearing both sides alike. The regulations will be found on page 3 of this Journal.

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1. RATE FOR SCHOOL PURPOSES-MANDAMUS-CONSOLIDATED STATUTES OF U. C., CHAP. 64, SEC. 79.

A mandamus was granted to compel a city council to levy a sum required for school purposes for the year, according to the

DIGEST OF SCHOOL CASES LATELY TRIED BEFORE estimate furnished to them by the school trustees.

THE SUPERIOR COURTS.

In this number of the Journal we insert a digest of the cases affecting the public schools which have been tried before the Superior Courts since the publication of the Trustees' School Manual in the early part of 1861. In addition, we insert several extracts from the Departmental decisions, especially appli

cable to cases which arise out of the election of Trustees, the appointment and report of school auditors, and other proceedings of the annual school meetings.

It appeared in this case that the corporation having received the estimate did not object to it, but passed a by-law to provide the sum required, which they afterwards repealed, and substituted another, imposing a smaller and insufficient rate; and no reason School Trustees of the City of Toronto v. The Corporation of was given for refusing to provide the sum called for. The the City of Toronto, Q.B. Reports, xx., 302.

2. BY-LAW TO LEVY RATE FOR SCHOOL HOUSE-EXTRINSIC OBJECTIONS-REFUSAL TO QUASH-HOW THE DESIRE OF RATE PAYERS MUST BE EXPRESSED-CONSOL. STATS. U. C.

We would particularly call the attention of Trustees, school electors, and other persons interested, to the provisions of the The township council, by resolution, agreed to lend to the law which require that all appeals against the election of school trustees, out of the clergy reserve fund, a sufficient sum Trustees and other business of the annual meeting be made to to build a school-house, taking as security their debentures. the Local Superintendent (and not to the Educational Depart- This arrangement was made by the trustees without any referment), within twenty days after the day of meeting. A great ence to the rate-payers, but at the next annual school meeting, deal of additional correspondence has yearly been thrown upon at which the applicant was present, the matter was discussed, the Department in consequence of the anxiety of persons and the contract and plans for the building examined. The interested to appeal first to the higher tribunal instead of to council subsequently, on the requisition of the trustees, passed the officer specially authorised to receive these complaints and a by-law to raise a sum for school purposes, which was required settle disputes arising out of them. to pay the interest of these debentures and redeem one of them. Another point we would notice. The law requires the The applicant moved to quash this by-law, objecting that the Trustee-elect to make an official declaration of office before the loan effected by the trustees without the consent of the rateChairman of the school meeting after election. In consequence payers was illegal; but it appeared that the school-house had of the neglect of parties to make this declaration, innumerable been finished and occupied, many of the rate-payers swore that disputes as to the legal completeness of the election and the they were satisfied with what had been done, and the affidavits legality of such Trustee's official acts, have been the conse- were contradictory as to how far the applicant had acquiesced in quence. By attention to the simple and appropriate provision the proceedings. The by-law not being illegal on the face of it, of law in regard to the declaration of office, all these disputes the court under these circumstances refused to interfere.

Quare, whether under the Consol. Stat. U. C., ch 64, sec. 27, sub-sec. 10, and sec. 34, the concurrence of the freeholders and householders required to enable the trustees to call upon the council to levy money for the purchase of a school site, &c., can be expressed at the annual school meeting, without notice that the question will then be brought up. In the matter of Taber and the Corporation of the Township of Scarborough, Q.B.R. xx., 549.

3. SCHOOL TRUSTEES-MANDAMUS-ATTACHMENT-PRACTICE.

that this was procure, and the school house built that the plaintiff was duly assessed for a sum specified: that the trustees by their warrant commanded K. to collect it; and that after demand and default made he seized the horse. The plaintiff pleaded to the avowry, 1st, de injuriâ; and, 2nd, as to the justification by the trustees, that the meeting was void, because before it took place a special meeting of the freeholders was duly held to procure a school site, at which a majority of the trustees differed from a majority of A mandamus nisi having been issued to school trustees to levy the freeholders and householders, the trustees, and local superintendent, those present with regard to the site, in consequence of which the amount of a judgment obtained against them, no return was made, each appointed an arbitrator to decide the question; that the arbiand a rule nisi for an attachment issued. In answer to this rule one trators determined upon a site specified, different from that mentiontrustee swore that he had always been and still was desirous to obeyed in the avowry, which award remained in force, and that the trus the writ, and had repeatedly asked the others to join him in levying tees contrary to this decision wrongfully purchased the site menthe rate, but that they had refused. Another swore that owing to tioned in the avowry. The defendants replied that there was no such ill-health, with the consent of his co-trustees and the local superin- award. tendent, he had resigned his office before the writ was granted. The court, under these circumstances, discharged the rule nisi as against these two, on payment of costs of the application, and granted an attachment against the other trustee, who had taken no notice either of the mandamus or rule.-Regina v. The Trustees of School Section No. 27, in the Township of Tyendinaga, in the County of Hastings, Q.B.R. xx. 528.

peared that the horse was seized by K. under a warrant signed by As to the issue taken upon the first plea of the defendants, it aptwo trustees, commencing: "We, the undersigned trustees of school Held, that the section," &c., and sealed with the corporate seal. trustees were liable personally, not in their corporate capacities only. With regard to the second and third issues, raised by the plea of 4. BY-LAW-SCHOOL SECTIONS-UNCERTAIN BOUNDARIES-COLOUR-de injuriâ to the avowry and replication denying the award, the evidence showed that in 1857 the inhabitants were divided as to the

ED PEOPLE.

A by-law recited that certain coloured inhabitants had petitioned for an alteration of school section No. 9, and for the establishing of two seperate schools for coloured people in the township, and that it was expedient to grant their request, by defining the boundaries of said sections so as to include the colored inhabitants of the town ship; and it set out the limits of each section to be established, the last boundery of No. 1 being "thence to include all and singular each and every lot or parcel of land occupied, or which shall or may be occupied, by any coloured person or persons in the front part of the said township of Chatham," and the last boundary of No. 2 thence to include all and singular each and every lot or parcel of land occupied, or which shall or may be occupied, by any coloreud in the tenure of John Landon, situated on the south west of the person or persons in that part of the said township not included in the section No. 1, as described in the first section of this by-law."Held, that these bounderies were indefinate and fluctuating, and that the by-laws were therefore bad. Remarks as to how far the court are bound to quash by-laws, even when moved against properly and found bad. In the matter of Simmons and the Corporation of the Township of Chatham, Q.B.R. xxi. 75. 5. REPLEVIN-SCHOOL SITE-TRUSTEES—ARBITRATION-AWARD

BLANKS FILLED IN AFTER EXECUTION-RENDERED
INVALID THEREBY.

Replevin.-Two defendants avowed; the third pleaded the convening of a special meeting of the freeholders and householders of a certain school section to procure a school site, when it was agreed to procure a certain piece of ground and erect a school house thereon, which was done. That plaintiff was a resident freeholder when the meeting was held and when his goods were seized, and was assessed $80 for building said school house, &c.

The plaintiff pleaded that the meeting above set forth was null and void, because, before the said meeting another meeting had been convened according to law, when a difference of opinion existed between a majority of the freeholders and householders as to choosing a school site, and arbitrators were appointed, who decided upon a certain site, which decision remains in force, and the defendents in contravention thereof wrongfully purchased the site mentioned in their plea, and wrongfully distrained, &c.

choice of a school site, and an award was made but not acted upon : that in 1858 the same difference existed, and one of the trustees also differed from his co-trustees: that in March the two trustees, defendants, obtained a conveyance of half an acre, part of lot 15, and in May a meeting was held at which arbitrators were named and an award made; but the inhabitants being still dissatisfied another meeting was held in July, when the arbitrators mentioned in the plea to the avowry were chosen. In the meantime the building was commenced upon the land conveyed. On the 4th of September an award was drawn up, which, as produced at the trial, directed that the site should be a part of the gore lying between 16 and 17, now road, and in the westerly limit of the said gore;" but it appeared that the words in italics were not in the award when signed, but added by two of the arbitrators in May, 1859; and that the word gore stood originally lot, and so remained until the other words were filled in. On the 30th of October, 1858, a meeting was held, having been regularly called by the two trustees, to settle the question finally, and a resolution passed adopting the land conveyed. In April, 1859, the two trustees, defendents, met, the third being absent from the country, and resolved upon the rate, which was inserted by the clerk in the roll, and the warrant was issued to K., who seized the plaintiff's horse. The plaintiff after that procured the award to be filled up by two of the arbitrators, who stated that it had been left blank because they did not know the precise description of Landon's land.

Held, that upon the second issue defendents were entitled to succeed, for the evidence sustained the avowry.

And that upon the third issue they were also entitled to the verdict, for there was in fact no award made, and even as it was altered after execution the description was too uncertain.

Ryland v. The same defendants, in the Court of Common Pleas, commented upon. Held, that under the circumstances proved the reference did not make the subsequent meeting illegal.

Held, also, upon demurrer, that the avowry was good, the omission of any averment essential to the validity of the rate being cured by the second plea to it, which relied wholly upon the award: that the second plea was bad, for not shewing that before the award the Upon demurrer, held, that the second meeting pleaded by the de-trustees and inhabitants had not duly selected the site built upon, fendants was a violation of the provisions of the statute, and that the as they might do notwithstanding the reference; and that the replaintiff was entitled to judgment. plication to it denying the award was a good answer. Vance v. King, et al., Q.B.Ř. xxi. 187.

The arbitrators to whom a reference in this cause was made under the school act executed an award, the description of the lot not being fully inserted, but a blank being left therefor, which was afterwards filled in and the word lot altered into gore.

Held, that the award was insufficient. Held, also, that school trustees who executed a warrant as such trustees under the seal of the trustee corporation were not personally responsible.-Ryland v. King et al. C.P.R. xii. 198.

THE YEAR-APPEAL FROM THE DIVISION COURT.

Held, on appeal by the Chief Superintendent of Education, that a collector of school taxes might in 1861 collect by distress the taxes for 1859 and 1860, not having made his final return of such taxes as in arrear, and being still collector; and semble, that in this case the plaintiff who complained of the seizure having led to it by his

6. DIFFERENCES AS TO SCHOOL SITE-REFERENCE TO ARBITRATION own conduct, the proceeding should in the division court have been

-CHOICE OF SITE BEFORE AWARD MADE-AWARD ALTERED
AFTER EXECUTION-PLEADING-DEMURRER.

upheld at all events. The Chief Superintendent of Schools, Appellant, in the matter of McLean v. Farrell. Q.B.R. xxi. 441.

8. ROMAN CATHOLIC SEPARATE SCHOOLS-CLAIM OF EXEMPTION BY

PROTESTANTS AS SUBSCRIBERS TO-MISCONDUCT OF
CLERK-MANDAMUS.

Replevin against two school trustees and one K., a bailiff, for a horse. Defendants pleaded, 1. That they did not take; and, 2, an avowry, setting out in substance that on the 30th of October, 1858, a special meeting of the freeholders and householders of the section had been duly called to procure a school site and erect a school- A rate having been imposed for the purpose of building a new house thereon, at which it was agreed to procure a certain site named: school house in the town of Amherstburgh, certain persons who were