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to a school board, and any school which has been established by a school board. The sanction of the Board is necessary to such sale. § 86.
Proceedings for providing Schools.
School boards may acquire sites for school buildings, and may buy or take on lease any existing schools (except denominational and subscription schools, § 38 1), and they may enlarge any school under their management.
For the purpose of the purchase of land or buildings by school boards, the clauses of the Lands Clauses Consolidation (Scotland) Act, 1845, with respect to the purchase of lands by agreement, are incorporated with this Act.'" § 37.
Transference of Schools.
School boards may also, with the sanction of the Board, accept of the transference of any denominational or subscription school; and those vested with the title to any such school, with the consent of not less than two-thirds of the administrators of the trust, may transfer it.
The transference may be effected by an ordinary disposition duly recorded.3
No stamp or other duty is required.4
It may be made a condition of the transference that the teacher be continued in office; also, that the schoolhouse be
1 The words of the provision in section 38 are,—"Schools erected or acquired and maintained, or partly maintained, with funds derived from contributions or donations (whether by members of a particular Church or religious body or not) for the purpose, or authorised by the contributors or donors to be applied for the purpose of promoting education."
a These clauses will be found in the Appendix, p. 63.
3 A form of conveyance will be found in the Appendix, p. 133. Of. § 39, note, with regard to transference of Free Church, or other denominational schools, p. 24.
From a report of the Education Committee brought before the Commission of the Free Church General Assembly on March 5, 1873, it appears that out of 440 Free Church schools from which returns had been procured, the managers of 135 desire to transfer on the conditions specified in these sections; 110 desire to obtain pecuniary compensation; 35 will not transfer without compensation; 50 desire to retain their schools; 35 give no opinion; 75 state that their schools do not come within the operation of the sections.
* Note on Stamp Duties, cf. Appendix, p. 88.
used for other purposes besides teaching, so long as there is no interference with the regular work of the school.
A transferred school becomes a public school under the management of the school board to whom it is transferred, and subject to the provisions of the Act.
There is no provision for retransference.1 §§ 38, 39.2
Infant and Evening Schools.
Power is given to school boards to establish infant and evening schools—the former for children under seven years of age; the latter for scholars above thirteen years of age.
Evening schools may be held in any schoolroom vested in the school board.
Infant schools may be built, purchased, or leased. For this purpose any of the powers of the Act with respect to providing schools may be put in force.
Both classes of schools are public schools. § 40.
Certified industrial schools may be established and maintained by any school board, with the consent of the Board.
These schools will be subject to the provisions of the Industrial Schools Act, 1866,8 and not of this Act, and the school boards will, with regard to such schools, be subject to the jurisdiction of the Home Secretary in the same manner as the managers of any other industrial school. § 41.
Combination of School Boards.
Any two or more school boards, whether of parishes or burghs, may, with the consent of the Board, combine for any purpose relating to public schools. § 42.
1 In this respect the Scotch Act differs from the English Act. Cf. Elementary Education Act, 1870, § 24: Ketransfer of school by school board to managers.
2 Cf. p. 24, note on Transference of Schools.
3 This Act will be found in the Appendix, p. 70.
IV. FINANCE AND PARLIAMENTARY GRANT.
Sections 43-53, 67, 70, 78. School Fund.
In every parish or burgh a school fund shall be established by the school board, and a treasurer appointed to take charge of it. § 43, 48.
The fund will consist of—
1. Money voted by Parliament—both building and annual
grants. § 67.
2. Money raised by way of loan. § 45.
3. School fees. § 53.
4. The proceeds of sales of school buildings. § 36.
5. Fines recovered from parents who have been convicted
under the compulsory clauses. § 70.
6. Salaries of Parliamentary schoolmasters under 1 & 2
Vict. c. 87, as they fall in. § 78.
7. Any portion of the parochial assessment levied for one
year after the passing of the Act which may remain unexpended when the school board is elected. § 78.
Out of this fund all the expenses of the school board must be paid, including those incident to the election of the Board. The chief of these expenses will be—
1. Expense of election. Candidates pay their own ex
penses, but all other outlay falls upon the fund. § 43.
2. Expense of educational census in each parish and burgh.
3. Expense of inquiry made by officers of the Board in case
of default. § 29. 4 Expense of returns in case of default. § 33. 5. Expense of providing school accommodation, and of
furnishing school buildings. § 37.
6. Salaries of teachers and treasurer, and clerks, &c. § 55,52.
Power to impose School Bates.
To meet any deficiency in the school fund, power is given to the school boards to raise funds by means of a local rate in their parish or burgh.
The provisions on this subject are as follows:—
1. Each school board shall before the 12th of June1 in each year certify to the parochial board of their parish or burgh, the amount of the deficiency in their school fund.
The parochial board shall add the amount required as "school rate" to the next assessment for the relief of the poor, and levy and collect it along with the poor's assessment, and they shall pay over the amount to the school board.
2. In the case of burghs, parishes, or school districts which include more than one parish—e.g., Glasgow—the school board shall certify to the respective parochial boards the amount (not of the deficiency in the school fund, but) of the rate on eachpound of rental which they shall levy and collect as " school rate" along with the poor's assessment.
3. In cases where
(a.) There is no assessment for the relief of the poor ;2 (b.) Such assessment is not laid one half on owners and onehalf on occupiers; the school boards shall directly themselves levy and collect school rate as if it were poor's rate.
1 Poor's assessment generally runs from Whitsunday to Whitsunday, and in the great majority of parishes is levied about the term of Martinmas for the year ending at the following Whitsunday. This practice, however, is not altogether uniform.
The estimates for next year must be prepared before June 12, 1874.
a According to the last report of the Board of Supervision it appears that there are 800 "assessed" parishes, of which in 594 the funds for the relief of the poor are raised by an equal rate upon owners and occupiers respectively: in 182 there is a classification of occupants in terms of § 36 of the Act 8 and 9 Vict. cap. 83: in 24 the assessment is levied according to established usage. In 87 parishes the funds are raised by voluntary contributions.—Twenty-seventh Annual Report of the Board of Supervision, p. x.
In all cases the school rate shall be levied in the same manner as poor's assessment; and the laws applicable for the time to the imposition, collection, and recovery of poor's assessments shall be applicable to the imposition, collection, or recovery of school rate.1 § 44.
Any surplus proceeds of a school rate shall be credited to the next year; and any deficiency shall be provided for in next year's assessment. § 44.
Power to Borrow.
School boards may, with the consent of the Board, borrow money on the security of the school fund and school rate,2 and may charge these with the payment of both principal and interest, when they require to incur expense in providing or enlarging schoolhouses.
For the purposes of such borrowing, the clauses of " The Commissioners Clauses Act, 1847," with respect to mortgages, are incorporated with this Act.3
The Public Works Loan Commissioners may lend money at 3| per cent to school boards on the security of the school fund and school rate, to be repaid within fifty years.4 § 45.
The fees in all public schools, except the higher class schools,5 are to be fixed by the school boards, and paid to the treasurer
1 This provision is so framed that in the event of a new Poor Law Act being passed, the provisions of it will apply to the collection of school rate. The clauses of the Poor Law Acts relating to assessment will he found in the Appendix, p. 57.
s And in no other way. The loan must be charged on the fund and rates ; a temporary loan from a banker would be illegal.
3 These clauses will be found in the Appendix, p. 64.
4 This clause differs from the clause in the Elementary Education Act, 1870, giving power to borrow, in two particulars :—
1. The power is given in this clause when the Board "shall require to inair expense; in the English Act, when the "school board incur expense."
2. The Public Works Loan Commissioners must be fortified by a " recommendation from the Department" before they lend money to a school board. No such recommendation is necessary. But the Board must consent before the school board can borrow in any market.
Attention is directed to the provisions for Building Grants. § 67. Note 3, 44.
6 Fees in higher class public schools are fixed by the teachers with the approval of the school board. These fees do not go into the school fund, but are paid in full by the treasurer to the teachers. § 62. Sub-sections 3 and 5.