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At the end of every 25 Years, the average Price of the Chalder of Oatmeal, and the Schoolmaster's Salary shall be ascertained and fixed in Manner before directed.
6. Provided always, and be it enacted, That after twenty-five years shall have elapsed from the time the amount of a schoolmaster's salary shall have been so fixed, the sheriff of a shire, Stewart of a stewartry shall within three months again determine the average price of a chalder of oatmeal in the manner directed by this Act; and shall, as above directed, return the same to the office of King's Remembrancer in Exchequer, and the Lord Chief Baron and Barons of Exchequer shall again by an order of court fix the average price for all Scotland; and the King's Remembrancer shall again transmit a copy of said order of court to the sheriff or Stewart clerk of each shire or stewartry, and the said sheriff or Stewart clerk shall again publish the same in the Edinburgh Gazette and Scots newspapers, and transmit a certificate of said average and order of court to the minister of each parish within his shire and stewartry, and the heritors and ministers shall again fix and determine the schoolmaster's salary according to such average, such salary never being less than the value of one chalder and a half, nor more than two chalders for the next twenty-five years, and so toties quoties at the end of every twenty-five years for ever, unless altered by Parliament, and every such determination of salary shall be liable to appeal to the quarter sessions, in manner and to the effect above directed.
Where there is but One qualified Heritor, he shall have Two Votes.
7. Provided always, and be it enacted, That in every parish where there is only one heritor qualified as herein-after prescribed, such heritor shall have two votes at every meeting directed to be held pursuant to this Act; and in all meetings where no preses has been chosen, the heritor present possessed of the highest valuation shall have the casting vote.
A School-house and Dwelling-house and Garden to be provided where there are none.
8. And be it further enacted, That in every parish where a commodioua house for a school has not already been provided, pursuant to the directions in the above recited Act, and in every parish where a dwelling-house for the residence of the schoolmaster has not already been provided together with a portion of ground for a garden to the extent hereafter mentioned, the heritors of every such parish shall provide a commodious house for a school, and also a house for the residence of the schoolmaster, such house not consisting of more than two apartments including the kitchen, together with a portion of ground for a garden to such dwelling-house, from fields used for the ordinary purposes of agriculture or pasturage, as near and convenient to'the schoolmaster's dwelling-house as reasonably may be, which garden shall contain at least one-fourth part of a Scots acre, and shall be inclosed with such fence as is generally used for such purposes in the district of the county where it is situated; and the expence of providing such school-house, dwelling-house, and garden, and supporting the same, shall be defrayed and paid in the same and like manner as is prescribed for providing a house for a school by the aforesaid Act of the Parliament of Scotland:
If a Garden cannot be allotted, an addition to Salary shall be allowed.
Providing always, that where the heritors shall determine that such garden cannot be allotted to the schoolmaster without great loss and inconvenience, it shall be optional to them, with the authority of the quarter sessions of the county or stewartry, to assign to the schoolmaster in lieu of such garden an addition to his salary, at the rate of eight bolls of oatmeal per acre, to be computed according to the average ascertained in manner herein-before directed.
In case of Neglect or Dissatisfaction, Schoolmasters may apply to
9. And be it further enacted, That in case the heritors shall neglect or refuse to provide the accommodations of house, school-house, and garden, or additional salary in lieu thereof, to schoolmasters according to the provisions of this Act, or in case the schoolmaster shall not be satisfied with the Accommodations afforded him, it shall be competent for him to bring the same by representation or petition before the quarter sessions held for the shire or stewartry to which the parish of which he is schoolmaster belongs, or in which the parish kirk is situated; and in all such cases the judgment of the quarter sessions shall be final, without any further appeal by advocation, suspension, or otherwise: Provided always, that no justice of the peace who shall be an heritor in the parish of such schoolmaster shall vote upon such representation or petition.
Relief to Heritors, whose Ground shall be taken for School-house, dee. sliall be settled by the Sheriff.
10. Provided always, and be it enacted, That the heritor or heritors from whose estates any ground shall be taken for the purpose of such schoolhouse, dwelling-house, and garden, shall have his, her, or their relief against the other heritors of the parish, for the value of the ground so to be taken in proportion to the valued rent of the lands belonging to the whole heritors in the parish; such relief to be settled only by the sheriff or Stewart of the county or stewartry, without appeal by advocation, suspension, or otherwise.
Regulations to be observed when Parishes consist of Two or more Islands, or of great Extent, where One Parochial School would be insufficient.
11. And be it enacted, That in case of those parishes which consist of districts detached from each other by the sea or arms of the sea, or otherwise, as where a parish consists of two or more islands, of which there are several instances in the Highlands, North Isles, and Hebrides, or where it is otherwise of great extent or population, so that one parochial school cannot be of any effectual benefit to the whole inhabitants of such parishes, it shall be competent to the heritors and minister if they shall see cause on fixing a salary of six hundred merks, or the value of three chalders of oatmeal, to be computed according to the provisions of this Act, to divide the same among two or more teachers according to the extent and population of the parish; and these proportions so divided shall be paid to teachers of schools in the same way and manner, and under the same conditions, as hereafter are specified by this Act, for supplying vacant parochial schools with masters; but in respect that the heritors ol such parishes are to pay an higher salary, they are hereby exempted from the obligation of providing school-houses, dwelling-houses, and gardens, for the teachers among whom the salary is to be divided in the manner aforesaid; and in case a difference of opinion shall arise among the heritors respecting the propriety and usefulness of such division of the salary, the same shall be submitted by petition or representation to the quarter sessions of the Bhire or stewartry within the bounds of which the parish or parish kirk is situated; and the judgement thus obtained shall be final without appeal by advocation, suspension, or otherwise.
Not to extend to Royal Burghs.
12. Provided always, and be it enacted, That none of the provisions of this Act shall apply to the case of a parish, which consists only of a royal burgh or part of a royal burgh.
Where a Parish consists of a Burgh and a Landward Heritor, Schoolmaster to be appointed and maintained as heretofore, 6sc.
13. And be it further declared, That where a parish consists of a royal burgh, or part of a royal burgh, and a landward heritor or heritors, the schoolmaster shall be appointed and maintained by the burgh, or by the landward, heritor or heritors, or by the burgh and landward heritors, in the same way and manner, and according to the same proportions that have hitherto been observed in such parish; the salary and accommodations being always equal in value to those provided by this Act, and the same remedy being allowed in case they are otherwise, and to be applied for in the manner already specially pointed out; and provided any additions shall be granted, the same shall be paid in the same proportions by the parties from whom the present salary is received.
Schoolmasters to be elected in Gases of Vacancies.
14. And he it enacted, That, from and after the passing of this Act, in case of vacancy in the office of schoolmaster, by death or otherwise, the minister of the parish shall within fifteen days, intimate or cause to be intimated from the pulpit, immediately after divine service in the forenoon, the vacancy which has taken place, and communicate the knowledge of the same by letter to such heritor or heritors as may be non-resident; and the heritors possessed of the qualification required by this Act, with the minister of the parish, are hereby appointed to hold a meeting, of which intimation shall be given by the minister, by edictal citation and circular letters to such as are non-resident, at least thirty free days before it takes place; and such meeting or adjourned meeting shall elect a person to the vacant office of schoolmaster; and in the event of the parish being vacant, the presbytery shall appoint some one of their number to make the intimations and give the notices which, according to the provisions of this Act, the minister is required to do.
On Failure, the Commissioners of Supply to appoint.
15. Provided always, and be it enacted, That if the heritors qualified as is hereby required, and minister, shall fail to elect a schoolmaster within four calendar months from the time the vacancy shall have taken place, then the presbytery within the bounds of which the parish is situated, shall apply to the convener of the Commissioners of Supply of the county or stewartry, who, or any five of them, at a meeting to be called by the convener upon thirty days notice, shall have power, jure devoluto, and are hereby directed to elect a person to supply the vacancy.
Schoolmasters to be Examined and Approved by the Presbytery.
16. And be it further enacted, That every schoolmaster elected under the provisions of this Act, shall carry the minutes, or an extract or certified copy of the minutes of his election to the presbytery, accompanied with attestations of his having taken the oath to his Majesty before any one of his Majesty's Justices of the Peace ; and the presbytery shall thereupon take trial of his sufficiency for the office, in respect of morality and religion, and of such branches of literature as by the majority of heritors and minister shall be deemed most necessary and important for the parish, by examination of the presentee, by certificates and recommendations in his favour, by their own personal inquiry or otherwise, and shall see him sign the Confession of Faith and Formula of the Church of Scotland; and their judgment or determination as to the qualifications of such presentee for the office of schoolmaster shall not be reviewed or suspended by any court, civil or ecclesiastical; and provided they are satisfied with the same, he shall be furnished with an extract from their minutes, bearing that he had appeared, produced the attestations required, and had been found on trial duly qualified for discharging the duties of the office to which he had been elected, which extract shall complete hia right to the emoluments provided by this Act.
If found unqualified, Time allowed to the Heritors and Minister.
17. Provided always, and be it enacted, That in case the person elected is not found duly qualified, the heritors and minister shall only be allowed what remained of the four months, at the time of his election, with so many days more as required by this Act.
Heritors and Minister to fix the School Fees.
18. And be it further enacted. That the heritors qualified as is hereby required, and minister, in a meeting called on thirty days notification from the pulpit, and by letter from the minister to the non-resident heritors, and by notice to be left at the mansion house of each heritor, whether resident or not, shall have the power of fixing the school fees from time to time as they shall judge expedient; and a table of such fees, signed by the preses of the meeting, shall be hung up in the schoolroom: Provided always, that the schoolmaster shall be obliged to teach such poor children of the parish as shall be recommended by the heritors and minister at any parochial meeting.
Superintendence of Schools continued to Ministers.
19. And be it enacted, That the superintendance of schools shall continue with the ministers of the Established Church as heretofore, according to the several Acts of Parliament respecting the same, except in so far as altered by this present Act.
Presbyteries to regulate Hours of Teaching.
20. And be it enacted, That as often as presbyteries in the course of their visitation, shall find any thing wrong with respect to the hours of teaching, or the length of the vacation annually given, or when any complaint shall be made to them upon those subjects by parties concerned, they shall have the power of regulating the same in the manner they may judge most consistent with the particular circumstances and general good of the parish; and the schoolmaster is hereby required to conform to and obey all regulations so made by the presbytery, under pain of censure or suspension from or deprivation of his office, as to the presbytery shall seem proper.
And to take Cognisance of Schoolmasters Conduct.
21. And be it enacted, That when any complaint from the heritors, minister, or elders, against the schoolmaster, charging him with neglect of duty, either from engaging in other occupations or from any other cause, or with immoral conduct, or cruel and improper treatment of the scholars under his charge, shall be presented to the presbytery, they shall forthwith take cognisance of the same, serve him with a libel if the articles alledged appear to them to be of a nature which requires it, and having taken the necessary proof, they shall acquit or pass sentence of censure, suspension, or deprivation, as shall appear to them proper upon the result of such investigation; which judgment shall be final, without appeal to or review by any court, civil or ecclesiastical; and in case they shall depose the incumbent from the office of schoolmaster, his right to the emoluments and accommodations of the same shall cease from the time of his deposition; and in case he shall fail or refuse to remove from the school, school house, and garden, within the space of three months from the date of such sentence or deposition, the sheriff of the shire, or Stewart of the stewartry, upon having an extract or certified copy of the sentence of deposition by the presbytery laid before him, shall forthwith grant letters of ejection against such schoolmaster, of which no bill of suspension or advocation, nor action of reduction shall be competent: and in case of such deposition the school shall immediately be declared vacant, and the election of another schoolmaster shall take place.
Qualification of Heritors.
22. Provided always, and be it enacted, That it shall not be lawful for any heritor who is not a proprietor of lands within the parish, to the extent of at least one hundred pounds /Scots of valued rent appearing in the land tax books of the county within which such parish is situated, to attend or vote at any meeting held pursuant to this Act; but every heritor qualified as above may vote by proxy, or by letter under his hand.
Former Acts confirmed.
23. Provided also, and be it enacted, That all former Acts and Statutes with regard to parish schools or schoolmasters are hereby ratified and confirmed, in so far as they are not altered by the express provisions of this Act.
1 & 2 Vict. cap. 87.1
An Act to facilitate the Foundation and Endowment of additional Schools in Scotland.—[10th August 1838.]
Whereas an Act was passed by the Parliament of Scotland in the first Parliament of King William, in the year One thousand six hundred and ninety-six [1696, c. 26.], intituled Act for settling of Schools: And whereas another Act was passed by the Parliament of Great Britain, in the fortythird year of the reign of His Majesty King George the Third [43 G. 3. c. 54.], intituled An Act for making better Provision for the Parochial Schoolmasters, and for further Regulations for the better Government of the Parish Schools, in Scotland : And whereas another Act was passed in the fifth year of the reign of His Majesty King George the Fourth [5 Q. 4. c. 90.], intituled An Act to amend an Act for building additional Places of Worship in the Highlands and IsUmds of Scotland: And whereas under the said lastrecited Act a number of places of worship have been built in the Highlands and Islands aforesaid, and the parishes in which such additional places of worship have been built have been divided and disunited quoad sacra: And whereas the parish schools and other means of education existing in the Highlands and Islands aforesaid are wholly inadequate to the education of the people, and some places are altogether destitute of such schools or other means of instruction, and it is desirable that provision should be made against so great an evil:
Commissioners of the Treasury authorised to provide, out of Sums granted for Education in Scotland, for the Endowment of additional Schools.
Be it therefore enacted by the Queen's most excellent Majesty, by and
1 This Act was repealed only "in so far as inconsistent with the provisions of the Education (Scotland) Act, 1872." It is wholly repealed by the Highland Schools Act, 1873, which will be found in the Appendix, p. 130. Cf. p. xlviii, note 3.