Ontario Reports Volume 41

Ontario Reports Volume 41

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...conclusion., Irregularities in such proceedings are, however, no excuse for the defendants' refusal or failure to levy and collect such sums as may be required by the Board for school purposes, as they are imperatively required to do by sec. 47 of the Act. If the proceedings of the assessors were of no effect, by reason of the things I have mentioned, the defendants would be in the right: but that is not so; the determination of the assessors is not a nullity, whether it could or could not be set aside at the instance of any ratepayer. It was said that no appeal lies against such a determination; but, even if that were so, it could not make null and void that which otherwise would be valid unless and until set aside. But that may not be so, because sec. 6 of the Department of Education Act, R.S.O. 1914, ch. 265, provides that "it shall be the duty of the Minister" (of Education), "and he shall have power (p) to determine all disputes and complaints laid before him, the settlement of which is not otherwise provided for by law;" and, under clause (0) of this section, "to submit a case on any question arising under the Public Schools Act, the High Schools Act or the Separate Schools Act, or this Act, to a Judge of the Supreme Court for his opinion and decision, or, by leave of a Judge of such Court, to a Divisional Court for its opinion and decision." It was, doubtless, imprudent having the clerk of the one municipality present at the assessors' meeting without giving the clerk of the other municipality an opportunity to be present also: it would, I think, have been prudent to have given each an opportunity to express his views on any question that might have arisen: but an adoption of an...
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Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236942256
  • 9781236942258