BILL
An Act respecting the Roman Catholic Separate Schools of the City
of Ottawa.
Preamhle.
Whereas pursuant to an Act respecting the Board of Trustées of the Roman Catholic Separate Schools of the City of Ottawa passecl in the fifth year of the reign of His Majesty, King George the Fifth, chaptered 45, the Minister of Education with the approval of the Lieutenant-Governor in Council on the 20th day of July, 1915, appointed a Commission consisting of Denis Murphy, now deceased, Thomas D'Arcy McGee and Arthur Charbonneau herein referred to as "the Commissioners" to conduct and manage the Roman Cathohc Separate Schools of the City of Ottawa, which said Act has been declared to be ultra vires; and whereas the Board of Trustées of the said Separate Schools prior to the appointment of the said Commission, had neglected and failed to open, keep open, maintain and conduct the said schools according to law and to provide qualified teachers therefor, had threatened at varions times to close the said schools and had neglected and refused to discharge and perform the duties imposed upon it by law to the loss and damage of the supporters of the said schools and to the serious préjudice of the children entitled to attend the same; and whereas by reason of the neglect and default of the Board as aforesaid it was necessary to provide spécial means for the éducation of the children entitled to attend the said schools until the Board should be willing to perform its lawful duties in respect to said schools, and the Commissioners werc appointed for that purpose; and whereas the Commissioners entered into possession of the school promises and property on the 26th day of July, 1915, and thereafter maintained and conducted the said schools continuously until the said Act was declared to be ultra vires, during the whole of which time the said Board was un willing to conduct the said schools according to law; and whereas the Commissioners in carrying on said schools and meeting obligations of the Board disbursed $68,873.43, which at the date of their appointment stood to the crédit of the Board in the Québec Bank at Ottawa, the further sum of $84,156.04 received out of Court pursuant to an order of the Appellate Division of the Suprême Court of Ontario, dated the
l'action française 127
3rd day of April, 1916, and the further sum of $71,944.08 received from other sources, ail of which sums of money were by law applicable to the maintenance and conduct of the said schools; and the Commissioners in the maintenance, conduct and management of the said schools, also incurred a lial)ility to the Bank of Ottawa for $71,891.16 and interest thereon which still remains unpaid; and whereas the Board has cominenced actions against the Québec Bank, the Bank of Ottawa and the Commissioners to recover the monies so disbursed as aforesaid and has refused to assume the said hability to the Bank of Ottawa and it is désirable to déclare the rights of the parties;
Therefore His Majesty, by and with the advice and consent of the Législative Assembly of the- Province of Ontario, enacts as foUows: —
Relief of commissioners.
1. It is declared that the Commissioners disbursed the monies and incurred the liabiUty herein recited for payments and expenditures which were necessarj' to maintain and carrj^ on the said schools and which should hâve been made by the Board in the proper conduct and management of the said schools but for its wrongful neglect and default as aforesaid.
Commission cnlitled to indemnity from Board.
2. It is further declared that the said payments and expenditures shaU be deemed for ail purposes to hâve been made by the Commissioners for and on behalf and at the rcquest of the Board and that the Commissioners are entitled to indemnité' from the Board in respect thereof.
Debt to bank to be debt of Board.
3. It is further declared that the said liability of $71,891.16 and interest thereon to the Bank of Ottawa subject to the rights of third parties, if any, is a debt of the Board to the said Bank and that the Bank is entitled to set off the sum against any other monies of the Board in its hands.
Paymenl of debt to bank out of Consolidated revenue.
4. In default of payraent of the said liability by the Board the same may be paid to the bank out of the Consohdated Revenue Fund of the Province and thereafter the said sum with proper interest thereon
shall be a dcbt to His Majcsty and may be reeovered from tho Board in any action brought for that purpose.
Pleading Ad.
5. Tliis Act may be pleaded as a defence to any action now pending or that may hereafter be brought by the Board against any person or Corporation in respect of any of the monies received and disbursed by the Commission as aforesaid.
6. The order-in-council made on the 26th day of August 1915, which is set ont in the schedule herewith is confirmed and declared to be and to hâve been from the said date légal, vahd and binding and the Commissioners shall be indemnified by the Province from and against ail liabihty from indebtedness incurred by them or damages reeovered against them by reason of any of said payments and expenditures by them as aforesaid or in conséquence of anything done or sufïered by them or any of them while acting as such Commissioners.
N. B. — L'arrêté ministériel auquel on fait ici allusion nous est arrivé trop tard pour publication dans cette livraison; nous le donnerons le mois prochain.
A'jfÎGtion française
'publiera, en mai, un article de M. Vahbê Lionel Groulx, sur le 275e anniversaire de la fondation de Montréal.
1ère année, no 5
Montréal
Mai 1917
X,' Action
Revue paraissant le 25 de chaque mois
J^^-Qi V 0^
Colonisation et agriculture
par jC.-O. ^aWc/
VILLE-MARIE, l'abbé Lionel GnouLX — POUR LA FON- TAINE, Omer Hérol-x — A TRAVERS LA VIE COU- RANTE, Pierre Homier — L'ACTION FRANÇAISE ET LE MONUMENT DE GRAND-PRÉ — NOTRE ENQUÊTE — POUR QUE GRANDISSE L'ACTION FRANÇAISE... — EXEMPLE A SUIVRE — PETITES NOTES — TRIBUNE DE NOS LECTEURS — JOUR- NAUX, LIVRES ET REVUES — PARTIE DOCU- MENTAIRE: Un discours de Mgr l'Archevêque de Salnt-Boniface — Pièce ontarienne.
Prix : 10 sous
LIGUE DES DROITS DU FRANÇARfe^-C. J .C
NOTRE AlMANACH
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