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Sections 23-42.

Parish and Burgh Schools vested in School Boards.

All parish and burgh schools are vested in the school board of the parish or burgh in which they exist. §§ 24, 25.

Parish School.

Parish school1 includes by its definition the following schools:—

1. Parochial, in landward parishes.

2. Side, . . established under 43 Geo. III. c. 54.

3. Parliamentary, ■■ a 1 & 2 Vict. c. 87.

4. Heritors' girls' schools, a i. 24 & 25 Vict. c.

107, § 5.

5. Schools established by or transferred to a parish school


Every school, with the teacher's house and land, belonging to the first four classes, if situated in a landward parish, is vested ipso facto in the school board of the parish.

If situated in a burghal parish—in the school board of the burgh.

If situated in a parish partly landward and partly burghal, and being the parish school of the landward part—in the school board of that part.

The school boards supersede and come in place of the old managers—viz., the qualified heritors, and the minister. All the powers, obligations, and duties of the old managers in regard to these schools are transferred to the school boards.

All ecclesiastical superintendence over public schools is abolished, and all connection between the public schools and the Church severed. § 23.

1 Parish school shall include any school established under the recited Acts, or any of them, and any school established under this Act by the school board of a parish, or which is by this Act vested in and placed under the management of the school board of a parish. § 1.


Burgh Schools.

Burgh school1 by its definition includes every public school situated in a burgh.

These schools are vested ipso facto in the school boards of the burgh, and the school boards supersede and come in place of the old managers—viz., the town council and magistrates, or other authorities, in whom the school management was vested. § 24.

Public Schools.

Every school under the management of the school board of a parish is a Parish school, and every school under the school board of a burgh is a Burgh school.

All such schools are declared to be Public schools. The rights of any teacher of a parish school which may by the Act become a burgh school, and of his successors, to participate in any bequest 2 for the behoof of teachers in parochial schools, will not be prejudiced, nor will the powers of the trustees of such bequest. §25.

All public schools, whether existing at the passing of the Act or subsequently supplied, are vested in and placed under the management of the school boards of their respective districts. §26.

School Boards to make an Educational Census in their respective School Districts.

Every school board must provide efficient education for all persons resident in their parish or burgh, and a sufficient amount

1 Burgh school shall include any school to which that term is now legally applicable, although it may be called an academy, or a high school, or a grammar school, or any other name, and any school established in a burgh by the school board thereof, or which is by this Act vested in and placed under the management of the school board of a burgh. § 1.

* This provision was inserted in the House of Lords in the interests of those schoolmasters in Aberdeen, Banff, and Moray who participate in the Dick Bequest. By the terms of that bequest the trustees are bound to allow only parochial teachers to participate. As the Bill was framed, a parochial school might under its provisions be deemed a burgh school, and so, it was thought, cease to participate in the bequest.

A similar provision, but in more precise terms, was introduced also in the House of Lords to preserve the right of the trustees of the Milne Bequest. Cf. § 79.

of accommodation in public schools available for all for whom efficient education is not otherwise provided.1 § 26.

The first duty, therefore, of every school board is to ascertain and take into consideration the educational wants of their district, and the extent and quality of the provisions for supplying education by means of existing schools in or sufficiently near to be convenient for the use of their district § 27.

Power to carry out Census.

In order to carry out their inquiries effectually, power is given to them to call upon public officers, clergymen, teachers, and managers of schools, for any information or documents they may require.

They may also appoint fit persons to procure such information, and to inspect the schools situated in their districts. The same powers are by this section conferred upon the Board.

No school subject to inspection, not being a public school, can be inspected without the consent of the managers, except by one of H.M. Inspectors. § 30.

In case of refusal to allow Inspection.

If the managers or teachers of a school refuse to fill up the forms required, or to allow the school to be inspected, no account will be taken thereof. § 35.

School Boards report their determination to the Board.

After a school board have made their census, if they find that the requirements exceed the supply, they must determine how they can best provide sufficient school accommodation to meet them.

They shall forthwith report their determination to the Board, setting forth in their report all that may be necessary to enable the Board to judge of their determination.

1 It will be observed that the public schools need not be in the school district. So long as they are available for—i.e., within convenient reach of—the residents, that is all the Act requires.

If they are of opinion that the demand is sufficiently supplied by means of the existing schools, they must report accordingly

These reports must be transmitted within nine months after the election of the school board. § 27.

Board will deal with the Report.

The Board may approve of the determination of the school board with or without qualification or addition; Or they may direct a further report;

Or they may direct an inquiry by persons appointed by them. § 28.

School Board will carry out their determination or the order of the Board.

If the Board approve of the school board's determination, the latter will without delay carry out their determination.

If the Board order additional accommodation to be provided, though not determined on by the school board, the latter must carry out the order. § 28.

Board may order inquiry at expense of School Board if Report unsatisfactory.

If any school board fail to transmit a report, the Board will send them a requisition.

If the failure continue for one month after the requisition has been sent;

Or if any report be unsatisfactory,—

The Board may direct an inquiry at the expense of the defaulting school board; and may thereafter issue such directions as they see fit with respect to providing school accommodation, and these directions must be carried into effect by the school board without delay. § 29.

Existing Schools to be taken into account.

In considering the requirements of a parish or burgh, every school, whether public or not, and whether in the parish or burgh or not, which can be considered to afford efficient education to the residents in the parish or burgh, is to be taken into account by the school board and the Board. § 30.

Returns may be required from time to time from any School Board.

The Board may from time to time require from any school board returns regarding their schools, and the children resident in their districts. § 31.

The forms for returns will be supplied by the Board, and the managers or principal teachers of the schools must fill them up. § 32.

If a school board fail to perform this duty, the Board may appoint a person to make the return at the expense of the school board. § 33.

Maintenance of Schools by School Boards.

The second duty of every school board is to maintain and keep efficient every school under their management, and to provide such additional school accommodation as may, either by them or by the Board, be judged necessary.


If they fail in this duty, they may be summarily compelled to perform it by the Board, through the agency of the Court of Session. § 36.

School Boards may Sell any of their Schools, &c.

In many school districts a redistribution of the existing schools may be necessary.

To carry this out, school boards are permitted, with the sanction of the Board—

1. To discontinue any school under their management.

2. To change the site.

3. To sell any school buildings connected with a discon

tinued school. Under this section any parochial or burgh school may be sold, and any Free Church or other school which has been transferred

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