121. Any rural school corporation may, with the consent of the ratepayers of their school section first had and obtained at a special meeting duly called for that purpose, by resolution authorize the borrowing from any municipal corporation of any surplus moneys derived from the Ontario municipalities fund, or from any other source, for such term and at such rate of interest as may be set forth in such resolution, for the purpose of purchasing a school site or school sites, or erecting a school-house or school-houses; and any sum or sums so borrowed shall be applied to that purpose, and to that only. R. S. O. c. 225, s. 134.

C.M.J.-5

CHAPTER 57.

An Act Consolidating and Revising the High Schools Act.

H

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows::

GENERAL.

1. This Act may be cited as "The High Schools Act,

1891."

2. Where the words following occur in this Act they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears.

(1) "High Schools" shall include collegiate institutes, unless a contrary meaning appears. R. S. O. c. 226, s. 2. Municipality" shall mean a city, town, incorporated village or township, but shall not mean a county.

(2)

(3) "County" shall also include counties united for municipal purposes. (New.)

(4) "District" shall mean the municipalities and parts of municipalities over which the high school board of trustees have jurisdiction as a corporation.

(5) "County pupils" shall mean pupils whose parents or guardians reside in the county in which the high school attended by such pupils is situated, but not within the limits of any high school district of such county. (New).

(6) "Resident pupils" shall mean pupils whose parents or guardians reside in the district in which the high school attended by such pupils is situated. (New).

(7) "Non-resident pupils" shall mean (a) pupils whose parents or guardians do not reside in the county, city or town separated from the county in which the high school

attended by such pupils is situated, or (b) pupils whose parents or guardians reside in a high school district of the county other than the district in which the high school attended by such pupils is situated.

(8) "Permanent improvements" shall mean such expenditure as may be necessary for the purchase or rental of a residence for the teacher, or for the purchase or rental of a school site and the erection or rental of a school house, or for the enlargement of both or either of them, or for permanently changing the system of heating and ventilation, the erection of fences, out-houses and gymnasium, or for the purchase of school furniture, maps and apparatus, library, and all other appliances required by the Regulations of the Education Department for High Schools. (New).

(9) "Maintenance" shall mean such expenditure as may be necessary for ordinary repairs in the teacher's residence or for the improvement of the grounds attached thereto, and for the salaries of teachers, officers and servants of the board and for conducting the entrance examination prescribed by this Act and for repairs to school buildings, outhouses, gymnasium, and fences and for the improvement of the school grounds, the repair of school furniture, and sundry expenses for ordinary school purposes and such annual additions to the library, apparatus, and other school appliances as may be required by the Regulations of the Educational Department for High Schools. (New).

3. The trustees of every high school district shall be a corporation by the name of "The-High School Board," (prefixing to the term "High School,' or "Collegiate Institute," the name of the municipality within which such high school or collegiate institute is situated), and shall have and possess all the powers usually enjoyed by corporations, so far as the same are necessary for carrying out the purposes of this Act. The trustees of every high school shall hold office until their successors are appointed and the new board is organized. R. S. O. c. 226, s. 21 (1).

UNION OF PUBLIC AND HIGH SCHOOL BOARDS.

4.-(1) The union of the trustees of any public and high school for the joint management of the public and high schools of any municipality shall form one corporation under the name of "The Board of Education " for the city,

town, incorporated village or township of (as the case may be). Such board shall have the powers of trustees of both public and high school trustees. A majority of the members shall form a quorum. R. S. O. c. 225, ss. 219, 220. (Amended).

(2) If at any meeting of a board of education called for that purpose a majority of all the members thereof vote in favor of the dissolution of the board such board shall be dissolved on and after the close of the current year. R. S. O. c. 225, s. 221. (Amended).

(3) In case any board of education is dissolved, the members of such board of education who were appointed on behalf of the high school shall be the board of trustees for such high school, to hold office the full term of their appointment or until changed according to the provisions of this Act. (New).

(4) In the case of such dissolution as aforesaid all school property held by the corporation for high school purposes shall be vested in the high school board of trustees, subject to any trust for public school purposes attached thereto, and any other property held or possessed jointly by the corporation before dissolution shall be divided as may be agreed upon by the trustees of the high school and public school respectively at a meeting called for that purpose. If no division is made within six months, then the division shall be made forthwith by the council of the municipality within which the high school is situated. R. S. O. c. 225, s. 222, 223. (Amended).

(5) It shall not be lawful for the trustees of any high school to unite hereafter with the trustees of any public school to form a board of education. R. S. O. c. 225, s. 225.

5. All appointments, agreements, contracts, assessments, and rate-bills, heretofore duly made in relation to high schools existing at the passing of this Act, and all powers and duties connected therewith, shall continue in full force and effect, subject to the provisions of this Act. R. S. O. c. 226, s. 3.

HIGH SCHOOL DISTRICTS.

6. (1) All high school districts in existence on the passing of this Act shall remain as then constituted until changed by the municipal council of the county by which

they were established, or until altered as is hereinafter provided, but nothing herein contained shall be construed as interfering with any suit or action now pending before any court of competent jurisdiction in which the validity of any high school district is called in question. R. S. O. c. 226, ss. 3, 5. (Amended).

(2) Where prior to the first day of January, 1878, the municipal council of any county did by by-law set apart and constitute any portion of the county as a separate district for high school purposes, the by-law, if not heretofore set aside, repealed, or quashed by any lawful authority in that behalf, shall, to all intents and for all purposes be considered and taken as valid, legal and binding, and the high school districts thereby constituted or intended to be constituted, shall also for all purposes be deemed, and taken as having been lawfully and validly constituted. 53 V., c. 72.

(3) Any right of appeal from any judge of the High Court of Justice or from a Divisional Court of the said High Court which any party or corporation had on the seventh day of April, 1890, with regard to the validity of any by-law establishing a high school district is hereby revived. (New).

7.-(1) On the petition of two-thirds of the ratepayers of any municipality contiguous to a high school district, or, on the petition of two-thirds of the ratepayers of any portion of a municipality contiguous to a high school district, the municipal council of such municipality shall, by by-law, unite the whole or such portion thereof as is set forth in the said petition, to such high school district for high school purposes, and such union shall take effect on the first of January next following the lapse of six months after the adoption of such by-law.

(2) In like manner and on like petition any municipality or any portion thereof forming part of a high school district, may withdraw from such high school district without the concurrence or any other act on the part of the other municipality or municipalities composing the high school district, but any by-law for such withdrawal shall not come into operation until the first day of January next following the lapse of six months from the passing thereof, and such withdrawal shall not relieve the municipality or any portion thereof so withdrawn from any rates legally imposed for the issue of debentures or from any other debts incurred