XI.

FORM OF CONVEYANCE FOR TRANSFERENCE OF A SCHOOL TO A SCHOOL BOARD.1

We (names and designations of grantors) do hereby, in virtue and in terms of "The Education (Scotland) Act, 1872," dispone to and in favour of the school board of the parish of (or the burgh of ), heritably and irredeemably, All and Whole (describe the subjects conveyed), with entry at the date hereof (or otherwise as the case may be): To be holden the said subjects and others, a me vel de me; and we resign the said subjects and others for new infeftment or investiture; and we assign the writs, and have delivered the same according to inventory; and we assign the rents; and we bind ourselves to free and relieve the said disponees of all feu-duties, casualties, and public burdens; and we grant warrandice from our own facts and deeds only; and we consent to registration hereof for preservation: In witness whereof (insert a testing clause in the usual form).

If the subjects conveyed are held burgage, then, after the inductive and dispositive clauses, the deed may proceed thus: With entry at the date hereof to be holden the said subjects and others of her Majesty in free burgage; and we assign the writs, and have delivered the same, according to inventory; and we assign the rents; and we bind ourselves to free and relieve the said disponees of all ground-annual, cess, annuity, and other public burdens; and we grant warrandice from our own facts and deeds only; and we consent to registration hereof for preservation: In witness whereof, &c.

Form of Warrant of Registration to be written on the Conveyance. Register on behalf of the school board of the parish (or burgh) of in the register of the county of (here insert the name of the county in which the subjects are situated); or if the subjects be held burgage, in the register of the burgh of (insert name of burgh).

(Signed) A. B.,

W.S., Edinburgh, Agent.

1 Cf. § 39, p. xxii and 25. This form of conveyance is given here as a form of an ordinary disposition. School boards will be guided by their legal advisers as to the particular form of conveyance which would be applicable to their particular circumstances.

XII.

REPEALED ACTS.

WILLIAM III. Cap. 26.

Act for Settling of Schools.-[9th October 1696.]

Our Sovereign Lord considering, how prejudicial the want of schools in many places have been, and how beneficial the establishing and settling thereof in every parish will be to this Church and kingdom: Therefore his Majesty, with advice and consent of the Estates of Parliament, statutes and ordains, that there be a school settled and established, and a schoolmaster appointed in every parish not already provided, by advice of the heritors and minister of the parish; and for that effect, that the heritors in every parish meet, and provide a commodious house for a school, and settle and modify a sallary to a schoolmaster, which shall not be under one hundred merks, nor above two hundred merks, to be paid yearly at two terms, Whitsunday and Martinmas, by equal portions, and that they stent and lay on the said sallary conform to every heritors valued rent within the parish, allowing each heritor relief from his tenants of the half of his proportion for settling and maintaining of a school, and payment of the schoolmaster's sallary; which sallary is declared to be by and attour the casualities, which formerly belonged to the readers and clerks of the kirk session. And if the heritors, or major part of them shall not conveen, or being conveened, shall not agree among themselves; then, and in that case, the presbytery shall apply to the commissioners of the supply of the shire, who, or any five of them, shall have power to establish a school, and settle and modify a sallary for a schoolmaster, not being under one hundred merks, nor above two hundred merks yearly, as said is; and to stent and lay on the samen upon the heritors conform to their valued rent, which shall be as valid and effectual as if it had been done by the heritors themselves. And because the proportion imposed upon every heritor will be but small; therefore, for the better and more ready payment thereof, it is statute and ordained, that, if two terms proportions run in the third unpaid, then these that so fail in payment, shall be liable in the double of their proportions then resting, and in the double of every term's proportion that shall be resting thereafter, ay and while the schoolmaster be compleatly paid, and that without any defalcation; and that letters of horning, and all other executorials necessary, be directed at the instance of the schoolmaster, for payment of the said stipend, and double of the proportions in manner foresaid; and discharges all suspensions to pass against schoolmasters of the sallaries, except upon consignation, or a valid discharge: And if any suspension be past, that the Lords discuss the samen summarily, without abiding the course of the Roll. And it is hereby declared, that liferenters, during their lifetime, shall be liable in payment of the proportions imposed on the lands liferented, and execution, in manner foresaid, shall pass against them for that effect, and the heritors shall be always free of the same, during the liferenters lifetime; and if any person find themselves wronged by the inequality of the proportions imposed, it shall be lawful for them to seek redress thereof before the Commissioners of Supply, Sheriff of the shire, or other judge competent, within the space of year

and

day after the imposing of the stent, and no otherwise. As also, it is declared, that the providing of the said schools and schoolmasters, is a pious use within the parish, to which it shall be lawful and leisume to patrons, to employ the vacant stipends as they shall see cause, excepting from this Act the bounds of the Synod of Argyle; in respect, that, by a former Act of Parliament in the year one thousand six hundred and ninety, the vacant stipends within the said bounds are destined for the setting up and maintaining of schools in manner therein-mentioned; and the said vacant stipends are hereby expressly appointed to be thereto applied, at the sight of the Sheriff of the bounds foresaid. And lastly, his Majesty, with advice and consent foresaid, ratifies and approves all former laws, customs and constitutions, made for establishing and maintaining of schools within the kingdom, in so far as the same are not altered nor innovate by this present Act.

43 GEORGE III. Cap. 54.

An Act for making better Provision for the Parochial Schoolmasters, and for making further Regulations for the better Government of the Parish Schools in Scotland.-[11th June 1803.]

Whereas the parish schoolmasters in Scotland are a most useful body of men, and their labours have been of essential importance to the publick welfare: And whereas by an Act passed in the Parliament of Scotland, in the reign of King William the Third, in the year one thousand six hundred and ninety-six [Scotch Act], intituled, Act for settling of Schools, it is, inter alia, statuted and ordained, that there be a school settled and established, and a schoolmaster appointed, in every parish not already provided, by advice of the heritors and minister of the parish; and for that effect, that the heritors in every parish meet and provide a commodious house for a school, and settle and modify a salary to a schoolmaster, which shall not be under one hundred merks nor above two hundred merks Scots, to be paid yearly, at two terms, Whitsunday and Martinmas, by equal portions; and certain rules and regulations were laid down by the said Act, relative to the apportioning and payment of the said salary by the heritors of the parish: And whereas the highest salary by the said Act granted, amounting only to eleven pounds two shillings and two-pence two-thirds of a penny sterling, which by difference in the value of money, and change in the circumstances of the country, has become a provision altogether inadequate for a body of men whose labours are of so great publick utility:

Salary to Schoolmasters.

May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that, from and after the term of Martinmas next, the salary of each parochial schoolmaster in every parish of Scotland shall not be under the sum of three hundred merks Scots per annum, nor above the sum of four hundred merks Scots per annum, except in the cases herein-after mentioned.

Heritors and Minister of the Parish to fix such Salaries.

2. And be it further enacted, That within three months after the passing of this Act, the heritors possessed of the qualification required by this Act, and the minister of every parish, shall hold a meeting, of which intimation

shall be given from the pulpit immediately after divine service in the forenoon, and by circular letters, to be written by the minister of the parish, to such heritors having the qualification prescribed by this Act, who are nonresident, and also by leaving a written notice at the mansion house of every heritor, whether resident or not, at least thirty free days, before such meeting shall take place; and on due consideration of the circumstances of the particular parish in respect of extent, population, and valued rent, and the probable amount of the other emoluments of the schoolmaster's office, such meeting shall judge and determine whether the schoolmaster's salary shall be three hundred merks Scots per annum, or four hundred merks Scots per annum, or such sum between these two sums as to such meeting shall seem most suitable to the circumstances of the parish, and shall fix and determine the amount of the schoolmaster's salary, to be paid to the schoolmaster, by a resolution to be made at such meeting, a copy of which resolution, signed by the preses of the meeting, shall be delivered to the schoolmaster of the parish as his authority for collecting and receiving the salary thereby fixed and determined, which shall be paid by the several heritors at the same terms apportioned among them, in the same manner, and with the same relief against their tenants, as is provided by the aforesaid Act of the Parliament of Scotland, passed in the year one thousand six hundred and ninety-six :

Salaries payable in Grain or Meal to continue to be so paid; and to be estimated at the rate of 200 merks per Chalder.

Provided always, that no salary at present payable to any schoolmaster shall be diminished; and in all cases where any such salary or any part thereof is payable in grain or meal, such salary in grain or meal shall continue to be paid and payable in the same manner as heretofore, with such additions thereto in money, as to such meeting shall seem proper; and in fixing and determining the amount of the salary to be paid pursuant to this Act, such grain or meal making part of such salary shall be estimated at the rate of two hundred merks per chalder.

Salaries so fixed to be payable for 25 Years.

3. And be it enacted, That the salaries so fixed and determined in manner above directed, shall continue to be the salaries payable to the schoolmaster of every parish for and during the period of twenty-five years from and after the passing of this Act.

Mode of fixing the average Price of a Chalder of Oatmeal.

And within three years after the expiration of twenty-five years from the passing of this Act, the sheriff or stewart of every county or stewartry shall fix and determine according to the average amount of the fiars of the county or stewartry for the twenty-five years preceding, what is the value or average price of a chalder of oatmeal, and he shall make a return of such average to the office of King's Remembrancer in Exchequer in Scotland, and the Lord Chief Baron and Barons of Exchequer are hereby empowered and required, from such returns by the sheriffs and stewarts of Scotland, to strike the average price of a chalder of oatmeal for all Scotland; and an order of the said Court of Exchequer fixing such average shall, within three months from the date of the last return by the sheriffs and stewarts, be published by the King's Remembrancer in the Edinburgh Gazette, and such other Scots newspapers as he shall deem sufficient, for three successive

weeks, and a copy thereof shall also be transmitted by the said Remembrancer to the sheriff or stewart clerk of every shire or stewartry in Scotland;

Average Price so ascertained shall be the Rate by which the

Schoolmasters' Salaries shall be fixed.

Which average so ascertained shall be the rate according to which the schoolmasters' salary shall be fixed in the manner herein-after directed, and the sheriff or stewart clerk shall transmit a certificate thereof, signed by him, to the minister of each parish within the county or stewartry, to be by him submitted to the meeting directed to be called in manner immediately after mentioned.

Heritors and Minister to meet within Three Months after the Date of Certificate of such average Price and fix the Amount of Schoolmasters' Salaries.

4. And be it enacted, That within three months after the date of such certificate, the heritor possessed of the qualification required by this Act, and the minister of every parish in Scotland, shall hold a meeting, of which intimation shall be given from the pulpit immediately after divine service in the forenoon, and by circular letters to be written by the minister of the parish to such heritors having the qualification prescribed by this Act, who are non-resident, and also by leaving a written notice at the mansion house of every heritor whether resident or not, at least thirty free days before such meeting shall take place; and on due consideration of the circumstances of the particular parish in respect of extent, population, and valued rent, such meeting shall judge and determine whether the schoolmasters' salary of the same shall be equal to the average price of one chalder and a half, or of two chalders of oatmeal according to the amount thereof, ascertained by the aforesaid certificate, or to such proportion between them as to such meeting shall seem most suitable to the circumstances of the parish, and shall fix and determine the amount of the schoolmaster's salary, to be paid pursuant to such average, and their resolution thereupon; a copy of which resolution, signed by the preses of the meeting, shall be delivered to the schoolmaster of the parish, as his authority for collecting and receiving the salary thereby fixed and determined, which shall be paid to him by the several heritors at the same terms apportioned among them, in the same manner, and with the same relief against their tenants, as is provided by the aforesaid Act of Parliament of Scotland, in the year one thousand six hundred and ninetysix.

In case of Neglect, or Dissatisfaction with the Determination, Appeal may be made to the next Quarter Sessions.

5. Provided always, and be it enacted, That in case the heritors and minister shall neglect or refuse to determine the amount of the salary to be paid to the schoolmaster according to the provisions of the Act, or in case any heritor, or the schoolmaster shall be dissatisfied with the determination made, it shall be competent within three months after such meeting ought to have been held, or such determination shall have been made, for the schoolmaster to apply, or for such person so dissatisfied to appeal, to the next quarter sessions held for the shire or stewartry within the bounds of which the parish or parish kirk lies, whose judgment shall be final, and no appeal by advocation, suspension, or otherwise, shall be admitted against the judgment given at such quarter sessions: Provided always, that no heritor of the parish from whence such appeal comes shall vote upon such appeal at such quarter sessions.