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Sections 65-80.


Every public school, and every school in receipt of Parliamentary grant, must be open at all times to any of H.M. Inspectors. But the inspectors are not required to examine in religious knowledge, or in any religious book. $ 66.

By this section and the definition of “ H.M. Inspectors "2 two changes are accomplished. 1. Denominational inspection is abolished : Scotland will

be divided into districts, and every inspector will

visit all the schools in the district assigned to him. 2. Inspected schools will be open at all times to the

inspectors. It will be no longer necessary to give notice of the time of the inspector's visit, unless it is otherwise provided in the code. And for the future no teacher can refuse to admit an inspector

into his school. School boards may require an inspector to make special reports on any school under their management which is taught by a teacher appointed before the passing of the Act. $ 60, subsec. 2.

Conscience Clause.

Every public school, and every school subject to inspection or in receipt of public money under this Act, is open to children of all denominations. Any child may be withdrawn by his parents from any instruction in religious subjects and from any religious observance in the school, without suffering any

1 A list of H. M. Inspectors, with the districts assigned to them, will be found in the Appendix, p. 178.

2 “Her Majesty's Inspectors ” shall mean the inspectors of schools appointed by Her Majesty on the recommendation of the Scotch Education Department; and “subject to inspection” shall mean subject to be inspected by the said in. spectors, or any of them.

disadvantage on this account with respect to secular instruc. tion. 8 68.


A time-table approved of by the Department will be prepared for each school, specifying the times at which instruction in religious subjects is given, and any religious observance practised in the school.2 $ 68.

The only times at which such instruction can be given or such observance practised are at the beginning or at the end, or both at the beginning and at the end, of each meeting of the school for elementary instruction. $ 68.

E.g., A school meets for elementary instruction at 10, and separates at 1; and meets again at 2, and separates at 4.

In this case the Bible lesson and Catechism can be given, and a hymn can be sung or prayers said at 10 or at 2, or both at 10 and at 2, and also at 1 or at 4, or both at 1 and at 4. There may thus be four distinct times for religious instruction each day. But the time or times must be fixed in the time-table, and children may or may not attend at these times without being placed at any disadvantage with respect to the secular teaching.

Latin, Greek, and the higher subjects may be taught before 10 or between 1 and 2, or after 4, as has been the custom in

1 The child is to be withdrawn from the instruction, &c., not necessarily from the school. Cf. p. 44, note 3.

A regulation of the Education Department on this matter is to the effect that, if the premises admit of it, the children withdrawn are to receive instruction in secular subjects during the time or times set apart for religious instruction or observances.

? In England, also, the time-table of every public elementary school must be approved of by the Education Department. The following instructions have been issued by the Department with reference to the subject :-“That the inspector may approve any time-table which, while conforming to Section 7 of the Education Act, in respect of the time or times appointed for religious observances or instruction, sets apart for instruction in secular subjects at least two consecutive hours at each morning and afternoon meeting, and one hour and a half at each evening meeting of the school." "That the inspector shall not express any opinion as to the time or times appointed for religious observances or instruction, or as to the nature of such instruction, but shall confine himself to seeing that the prescribed amount of time is secured for secular instruction.” Cf. minute of Scotch Education Department as to approval of Time Tables, p. 127.

many schools, if these subjects are not taught during the regular school hours.

Compulsory Clauses :—Parents bound to educate their Children.

Every parent is bound to teach his children between the ages of five and thirteen, reading, writing, and arithmetic.

If he fails to do so without a reasonable excuse, he breaks the law. $.69.

Poverty no excuse.

Poverty is no excuse. If he is a poor man and unable to pay school fees, he must apply to the parochial board of his parish or burgh, and they (having satisfied themselves of his inability) will pay the fees or part of them for him out of the poor fund.

The reasonable wishes of the parent in selecting the school at which he desires his children to attend will be respected. But the school must be either a public school, or a school in receipt of Parliamentary grant and under inspection. $ 69.

Blind Children to be educated.

The provisions of this section apply to blind children. $ 69.

Defaulting Parents.

Defaulting parents will be dealt with as follows:

Every school board must appoint an officer to ascertain and report what parents in their parish or burgh neglect to educate their children.

The clerk of the school board will keep a correct list of the defaulting parents and their children reported on.

The school board may, when and if they like, summon any of the defaulters before them to explain the cause of his neglect.

If he fail to appear, or, having appeared, to satisfy the school board, the latter are bound to certify in writing that he has been

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and is grossly and without reasonable excuse 1 failing to discharge his duty towards his children.

On such certificate being sent to the Procurator-Fiscal of the district in which the parent resides, or to some other person appointed by the school board, he is bound to prosecute such parent before the sheriff. On conviction, the parent is liable to a fine of £1, or to fourteen days' imprisonment. He may also be found liable in expenses up to £1.

If he continue to break the statute in this respect, he may be proceeded against at intervals of three months. 8 70.

The expenses of the prosecution, in so far as not awarded against and recovered from the parent, are to be paid out of the school fund. 8 71.

Employers of Children shall be deemed to undertake the duty of

Parents. Any one who employs as a domestic or farm servant, or in a mine, factory, or workshop, or ordinary shop, a child under thirteen years of age who has not attended school regularly for at least three years, and who is unable to read and write, shall be deemed to undertake the duty of a parent with respect to the education of such child if he continue him in his employment after notice from the school board of his parish or burgh that the child has not received an elementary education.

And he shall be liable to the same penalties for neglect as a parent.

But the parent is not on this account exempted from liability. 8 72.


A certificate of ability to read and write, and of a knowledge of elementary arithmetic, granted by one of H.M. Inspectors in favour of any child, exempts parents and employers of the child from prosecution, or from any proceeding under the Act, for neglecting to provide for his education. $ 73.

1 Distance from a school-say three miles-would probably be held to be a reasonable excuse.


School boards must report to the Board and make such returns and give such information as the Board may require. $ 74.

The Board must submit every year a report of their proceedings during the past year to the Department, to be laid before Parliament. 8 6.

The Department will cause every year a report of their proceedings during the past year to be laid before Parliament. And their report must contain a special report upon every non-public school established after the passing of the Act which they consider entitled to receive Parliamentary grant. $ 75.

Evidence of orders, &c., of the Department.

All orders, minutes, certificates, and other documents of the Department, if purporting to be signed by a secretary or assistant-secretary of the Department, or by any officer in Scotland acting as secretary or assistant-secretary of the Department, will be deemed to have been made by the Department. 8 65.

The Milne Bequest.

The powers of the trustees under the Milne Bequest are preserved. $ 79.

Repeal of Acts.
The recited Acts, viz. :-

1. The Act of 1696.2 The first Parliament of King William.
2. The Act of 1803.3 43 Geo. III. c. 54.

1 Cf. p. xviii, note 2, as to Dick Bequest.

2 By this Act (1696) it was ordained that a school should be established and a schoolmaster appointed in every parish not already provided, by the advice of the heritors and the minister of the parish.

Under it the heritors were bound to provide a commodious schoolhouse and a salary not above 200 (£11, 2s. 23d.) nor under 100 merks (£5, 11s. 1 d.). Each heritor was to be assessed in proportion to his valued rent, and was allowed relief from his tenants to one-half.

3 By this Act (1803) the heritors in each parish were bound to provide school accommodation and maintain the buildings. Provision was also made for the erection of side schools in extensive parishes. Schoolmasters were to be elected by the heritors and minister as one body, but, by $ 22, no heritor was entitled to vote at any meeting with reference to schools who was not “a proprietor of lands

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