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3. The Act of 1861.1 24 & 25 Vict c. 107—
are repealed, and all other Acts, so far as inconsistent with the provisions of this Act, under the following provisos—
(1.) That the assessments levied under the recited Acts shall continue to be levied for the year immediately ensuing the passing of this Act, in the same way and to the same extent as in the preceding year.
The proceeds of these assessments are to be expended according to the law as it existed before the passing of the Act, by the authorities charged with the administration thereof, until school boards are elected. Whereupon any surplus which remains will be handed over to the school board.
(2.) That no vacancy occurring in the office of teacher of a parish or burgh school shall be filled up except under the provisions of this Act, and if a vacancy should occur in a parish or burgh between the passing of the Act (6th of August 1872) and the election of the school board, the managers must make provision for the temporary discharge of the duties of the office until it can be filled up.
(3.) That the existing teachers of Parliamentary schools established under the Act of 1838,2 shall continue to receive
within the parish to the extent of at least £100 Scots of valued rent appearing in the land-tax books of the county," and these qualified heritors might vote by proxy, or by letter under their hand. The schoolmasters elect were examined and approved by the Presbyteries, and were required to sign the Confession of Faith, and the formula of the Church of Scotland. Their salaries ranged between a maximum of 400 (£22, 4s. 3d.) and a minimum of 300 merks (£16, 13s. Id.) They held office ad vitam aut culpam. The superintendence of the schools was committed to the ministers of the Established Church ; the regulations as to teaching and the cognisance of offences committed by the schoolmaster, to the Presbyteries of the bounds.
1 By this Act (1861) the provisions of the Act of 1803, regarding the examination of teachers by the Presbyteries were abolished, and an examination by examiners appointed by the universities substituted. Tests also were abolished. Instead of signing the Confession of Faith, and formula of the Church, the teacher was requited to sign a declaration that he would not teach any opinions opposed to the Bible or the Shorter Catechism, nor exercise the functions of his office to the prejudice of the Church of Scotland. The law regarding the dismissal and resignation of teachers was altered, and provision was made for granting retiring allowances. The management and superintendence of the parochial schools were not expressly taken out of the hands of the minister and Presbyteries of the Established Church, and these schools continued to be examined by tho Presbyteries till the passing of the Act of 1872.
2 This Act (1838), on the preamble that the parish schools and other means of education existing in the Highlands and Islands were wholly inadequate to the
the salaries payable to them as heretofore, so long as they hold office in their present schools. And that the sum payable to any such teacher shall, after he leaves the school, be paid over to the school board of the parish for purposes of the school fund.
SUMMARY OF THE PRINCIPAL PROVISIONS
Within twelve months after passing of Act—i.e., before August 6, 1873—a school board shall be established in every parish and burgh. § 8
Rules and Directions for conduct of Elections.
The Board shall frame and publish in the 'Edinburgh Gazette' the rules for the conduct of first elections, within six months of passing of Act.1 § 12, sub-sec. 5
1. Number of Members. Five to fifteen, as may be deter
mined by the Board.2 § 12, sub-sec. 1
2. Candidates. No qualification necessary. But teachers
of public or State-aided schools not eligible. § 12
education of the people, provided that a sum of money should be appropriated and invested by the Lords of the Treasury for the endowment of additional schools in certain parishes in the Highlands and Islands. These schools were generally called Parliamentary schools. The heritors provided the building, and with the minister of the parish appointed the teachers. The Treasury paid the salaries out of the annual proceeds of the money appropriated, which amounted to about £800 a-year. The teachers were subject to the same legal provisions and enjoyed the same privileges as parochial teachers. By the Highland Schools Act, 1873 (which will be found in the Appendix, p. 130), this Act of 1838 is entirely repealed, and provision is made to cancel the existing investments under it, and charge the annual sums payable to the teachers under the Act upon the Consolidated Fund. The proviso in § 78 of the Education Act referring to these schools is also repealed, and provision is made to enable the Treasury to pay over half yearly to the School Boards the sums payable to the teachers, and to cause the School Boards to pay to existing teachers, so long as they remain in office, the sums payable to them. These four Acts will be found in the Appendix, p. 134.
1 Issued January 21, 1873. Cf. Appendix, p. 155.
2 Cf. p. x, note 1. Cf. Appendix, p. 164, scale of Board regulating number of members of school boards.
3. Electors. Owners and occupiers of lands, &c, of £4
and upwards annual value, entered in latest valua-
4. Voting. Cumulative vote. § 12
5. Election. Majority of votes—in case of equality,
returning officer to determine: any dispute to be settled by Sheriff summarily. § 14
6. Notice of Election. To be sent to person elected by
returning officer; also time and place of first meeting, not later than fourteen days after election. § 16
7. Invalid Elections. If quorum exist—i.e., if three mem
bers duly elected—school board shall appoint in
8. Vacancies. To be filled up by school board nominat
ing a person to supply vacancy. § 13
Duties and Powers.
1. Appoint chairman. § 21 Appoint other officers. §§ 48, 52
2. Supersede heritors and minister in all powers, obliga
tions, and duties, vested in or incumbent on them in regard to parish schools. § 23
3. Supersede town councils in all powers and duties
vested in them in regard to burgh schools. § 24
Duties of School Board—continued.
4. Supply any deficiency of public school accommoda
tion in any parish or burgh; become vested in all
5. Form school districts, with consent of sheriff of county.
6. Ascertain educational requirements of parish and
burgh, and extent and quality of existing provi-
Determine extent and manner of providing additional
Eeport determination to Board, within nine months of election of school board. § 27
7. Carry out direction of Board as to additional accom
modation. § 28
8. If in default, carry out directions of Board, and pay
expense of inquiry at instance of Board. § 29
9. In determining as to accommodation, take into ac
count every school, whether public or not, and
10. Maintain and keep efficient every school under their management, and provide such additional school accommodation as they shall judge necessary. § 36
Discontinue or change site of any school under their
Duties of School Board—continued.
management; sell and dispose of any land or building connected with a discontinued school, with sanction of Board. May be compelled by Board to maintain and keep efficient schools under their management. § 36
11. Acquire by purchase or otherwise sites for schools,
&c., and have schools erected.
Purchase or lease existing schools, not being denomi-
Improve, enlarge, and furnish any schools under
12. Accept of transference of existing denominational
or subscription schools, with consent of Board. § 38
13. Establish infant and evening schools. § 40
14. Establish industrial schools, with consent of Board. § 41
15. Combine for any purpose under the Act, with sanc
tion of Board. § 42
16. Establish school funds. § 43
17. Impose rates.
(1.) In ordinary cases certify to parochial board of
(2.) Where school district includes two or more par-
1 Denominational or subscription. The words of the clause (§ 38) are referred to, p. 23.