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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 it shall and may be lawful for the Commissioners of Her Majesty's Treasury of Great Britain and Ireland for the time being, or any three of them, from time to time to set apart and appropriate, from any sum which has been or may be voted by Parliament for purposes of education in Scotland, any such part thereof as they shall deem expedient and necessary, for the endowment of additional schools in such parts of such divided parishes aforesaid as they shall judge proper.
Money how to be invested.
2. And be it enacted, That it shall be lawful for the said Commissioners of Her Majesty's Treasury from time to time to invest the sum or sums to be set apart and appropriated as aforesaid in the purchase of three per centum, consolidated bank annuities, or such other Government stock or funds as they shall think fit, and in the name or names of such person or persons as they shall nominate and appoint, and to direct the dividends or proceeds ot the monies so invested to be paid to such person or persons in Scotland as they shall nominate, to be applied in manner herein-after provided.
If Heritors of divided Parishes provide Schools, &c., such Schools
3. And be it enacted, That in all parishes which shall have been divided quoad sacra under the said last-recited Act, if in that district or division of any such parish in which there shall be no school or not an adequate number of schools, or in which there being a school or schools but no endowment or no sufficient or permanent endowment for the schoolmaster or schoolmasters of the same, the heritors of such parish or district shall, at their own expense or otherwise, provide an adequate schoolhouse and schoolmaster's dwelling-house, consisting of not less than two rooms, besides the kitchen and a garden, which shall be reported by the presbytery of the parish to the said Commissioners of Her Majesty's Treasury to be in all respects equal and answerable to the description of schoolhouse, schoolmaster's house (excepting that the schoolmaster's house under this Act shall consist of not less than two apartments besides the kitchen), and garden, contained in and required by the said recited Act of the forty-third year of the reign of His Majesty King George the Third, and which shall be conveyed to, vested in, and held by any person or persons to be appointed by the said Commissioners of Her Majesty's Treasury or any three of them for the purposes of this Act, then and in such case it shall be lawful for the said Commissioners of Her Majesty's Treasury to appropriate or to direct to be appropriated, out of the dividends or proceeds of the money to be invested as aforesaid, a sum not exceeding the maximum sum payable to parochial schoolmasters, as directed to be ascertained and fixed according to the average amount of the fiars price of oatmeal under and in the manner by the said recited Act of the forty-third year of the reign of King George the Third directed to be paid to the schoolmaster to be appointed to such school in manner after mentioned, by such person or persons as the said Commissioners or any three of them shall appoint, by equal portions half-yearly at the terms of Whitsunday and Martinmas in each year.
Incapacitated Persons empowered to convey Heritages for Purposes of
4. Provided always, and be it enacted, that it shall be lawful for heirs of entail, tutors, curators, trustees, and others under any legal disability or incapacity, with or without valuable consideration, to give and dispone heritably and irredeemably lands or heritages for the purposes aforesaid; and such heirs of entail or incapacitated persons shall not be thereby subject to or incur any forfeiture or irritancy or liability for damages under any deed of entail or trust deed or other deed under which he, she, or they may hold such lands or heritages.
Conveyance to be free of Stamp Duty.
6. And be it enacted, That the conveyance of such lands or heritages for the purposes of this Act shall be free of all stamp duty, any law to the contrary notwithstanding, and shall be made according to the following form or in words to the like effect:
Form of Conveyance.
"I [or we] [insert name and description of the disponer], do hereby "grant, dispone, and convey to [insert the names of the persons to be ap"pointed by the Commissioners of Her Majesty's Treasury], all [describe the "premises], and all my [or our] right, title, and interest [or right, title, and "interest of those for whom we act,] to and in the same and every part "thereof, to be held for the purposes specified in and according to the true "intent and meaning of an Act passed in the first year of the reign of Her "Majesty Queen Victoria, intituled [insert the title of this Act]. In witness "whereof I [or we] have subscribed these presents, written by [name and "designation of the writer], this [day] day of [month] in the year [year] "before these witnesses [name and designation of two witnesses, who wiU "also subscribe as such.]"
And such conveyances shall be recorded within sixty days of the date thereof in the General or Particular Register of Sasines, and shall be valid and effectual in law to all intents and purposes, and shall be a complete bar to all other rights, titles, trusts, interests, and incumbrances to, in, or upon the subjects so conveyed.
Schools, &c, to be maintained by Heritors.
6. And be it enacted, That the schoolhouse and schoolmaster's house so to be provided shall in all time thereafter be maintained and kept in repair, or if necessary be rebuilt, by the heritors of the whole parish, in the like manner as they are now liable to maintain parochial schools and schoolmasters houses under the said recited Act of the forty-third year of the reign of His Majesty King George the Third, and failing their so doing it shall be competent and lawful for the schoolmaster or for any heritor to bring the case by representation or petition before the Quarter Sessions of the peace of the county in which such parish is situated, who shall direct and ordain such repairs to be made as shall be necessary, and the judgment of the Quarter Sessions shall be final, and not subject to review ; provided that no Justice of the Peace who shall be an heritor in such parish shall vote upon such representation or petition.
Schoolmasters to be appointed.
7. And be it exacted, That the heritor or heritors and the minister of any parish within which any such school, schoolmaster's house, and garden shall have been reported to have been provided as aforesaid shall, within four months thereafter, and failing them the Commissioners of Supply of the county, jure devoluto, shall appoint a schoolmaster to such school; and in like manner, upon any future vacancy in any such parish, the heritors and minister or the Commissioners of Supply shall, within four months of such vacancy, appoint a schoolmaster to supply the same in such manner and subject to the like examination and approval by the Presbytery as is directed by the said last-mentioned Act in relation to parochial schoolmasters.
Schoolmasters to be entitled to School Fees, and have the like Powers as Parish Schoolmasters under 43 G. 3.
8. And be it enacted, That all schoolmasters appointed under the authority of this Act shall be entitled to school fees, and be bound to teach gratis such poor children as the heritors and minister shall recommend in terms of the said recited Act of the forty-third year of the reign of His Majesty King George the Third, and shall be under and subject to the like jurisdiction, regulations, conditions, and provisions, and have and enjoy the like powers, privileges, immunities, and exemptions, as parochial schoolmasters under the said last-mentioned Act.
No Alteration of District under 5 G. 4. to affect endowments under
9. And be it enacted, That no alteration of any divided parish or district to be made by virtue of the said recited Act of the fifth year of the reign of IDs Majesty King George the Fourth shall in any way affect any school to be provided as aforesaid, or schoolhouse or garden, or the appointment or endowment of any schoolmaster to be appointed under this Act.
Schoolmasters under this Act subject to Provisions under Act of
10. And be it enacted, That every schoolmaster to be appointed in virtue of this Act shall be in all respects under and subject to the provisions of an Act passed in the forty-seventh year of the reign of His Majesty King George the Third, intituled An Act for raising and securing a Fund for the Relief of Widows and Children of Burgh and Parochial Schoolmasters in Scotland, as if such schoolmasters had been specially described and comprehended therein.
Schools and Schoolmasters to be subject to any future Alterations.
11. Provided always, and be it declared and enacted, That all schools established and appointments of schoolmasters made under this Act shall be held subject to such alterations as may hereafter be made by law in such schools or in the office of such schoolmasters.
Two first-recited Acts applied to this Act.
12. And be it enacted, That the said two first-recited Acts shall, in as far as the same are applicable to and consistent with this Act, be deemed and taken to be part of this Aet, and be construed and carried into force and effect along therewith, in all respects as if the same were re-enacted and repeated therein.
Proceedings to be reported to Parliament.
13. And be it enacted, That the said Commissioners of Her Majesty's Treasury shall once in every year report their proceedings in writing to
both Houses of Parliament, showing the sums of money invested and appropriated and the schools endowed under the provisions of this Act.
24 & 25 Vict. Cap. 107.
An Act to alter and amend the Law relating to Parochial and Burgh Schools, and to the Test required to be taken by Schoolmasters in Scotland.— [6th August 1861.]
Whereas an Act was passed in the forty-third year of the reign of His Majesty George the Third, chapter fifty-four, intituled 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, [43 G. 3. c. 54]: And whereas it is expedient to amend the said Act, and to make further and other provisions for the maintenance and government of the said schoolmasters and schools, and to abolish the test imposed by law on schoolmasters in Scotland:—Be it enacted by the Queen'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, as follows:
Interpretation of Terms.
1. Where not inconsistent with the context, the following expressions shall have the meaning herein-after assigned them; that is to say,
The expression " parochial school" shall mean and include every school established or to be established or provided for under the said recited Act:
The expression "burgh school" shall mean and include every burgh, grammar, or other public school, not being a parochial school.
Salaries of Schoolmasters to be not less than 351. nor more than 701. per Annum, but where Two or more Schools, Salaries not to be less than bOl. nor more than 80J.
2. From and after the term of Martinmas next after the passing of this Act the salary of every schoolmaster of any parochial school shall not be less than the sum of thirty-five pounds, nor more than the sum of seventy
Eounds per annum: provided always, that where two or more schools ave been or shall be established in any parish in terms of the said Act the total amount of the salary payable to the schoolmasters therein shall not be less than fifty pounds nor more than eighty pounds per annum, to be apportioned among the said schoolmasters as the heritors shall determine, in the manner provided by the said Act; and the salaries herein provided shall be in lieu of the salaries payable under the provisions of the said Act: provided also, that it shall be lawful for the heritors, if they shall think fit, to make any addition granted by them to the salary of any schoolmaster beyond the minimum amount hereby fixed to be dependent upon the number of scholars receiving instruction in his school, under such regulations as they may deem expedient.
Salary to be fixed by the Heritors and Minister, and to be payable in Money at the Terms and under Conditions now in use.
3. The minister of every parish in which there is a parochial school shall, within three months from and after the passing of this Act, and on every occasion of a vacancy in the office of schoolmaster within six weeks after such vacancy shall have taken place, call a meeting of the heritors together with the said minister, in the manner prescribed in the said recited Act, for the purpose of fixing the salary of the schoolmaster under this Act, subject always to the appeal provided in the said recited Act; and the salary to be so fixed shall be payable in sterling money, at the same terms and under the same conditions, provisions, and regulations as are at present in use; and in case in regard to any parish such meeting shall not have been held or the salary shall not have been fixed in manner and within the period herein prescribed, the salary shall, until such meeting shall have been held and such salary so fixed, be held as fixed at the amount of fifty pounds per annum, which amount shall be payable to the schoolmaster in manner herein-before prescribed; and where two or more schools have been established in any one parish, the said sum of fifty pounds shall be payable to the several schoolmasters thereof, in the same proportion according to which their several salaries were payable before the passing of this Act: provided always, that where any parish shall be vacant at the time of the passing of this Act, or become vacant before any such meeting shall be called, or where any minister shall decline or delay calling such meeting after having been required so to do by any heritor or heritors holding not less than one third of the valuation of the parish, it shall be competent for such heritor or heritors to call, by notice affixed to the door of the parish church, and either a circular sent to each heritor, or an advertisement published in a newspaper of general circulation in the district, a meeting for the purpose of fixing the salary of the schoolmaster under this Act, and the salary fixed at such meeting within the limits specified in this act shall be the salary of the schoolmaster or schoolmasters.
Heritors may discontinue existing Side Sclwols.
4. At the meeting aforesaid it shall be lawful for the heritors and minister to resolve to discontinue, from and after a date to be fixed by them, any subsisting side school in the parish: provided always, that if such side school is not vacant at the date of such meeting they shall provide to the schoolmaster thereof during his life, from and after its discontinuance, an annual payment equal in amount to the full salary to which at the date of the passing of this Act he had right by law, under the provisions of the said recited Act, together with the annual value of any dwelling house to which he may have been entitled as such schoolmaster, as the same is or shall be valued by the assessor for the county, which amount shall be assessed, levied, and paid over and above the salaries payable under this Act, and in like manner as such salaries are hereby directed to be assessed, levied, and paid.
Heritors may establish a Female Teacher.
5. It shall be lawful for the heritors and minister, at the meeting aforesaid, or at any subsequent meeting duly called for that purpose, to resolve that a female teacher shall be established, to give instruction in such branches of female industrial and household training, as well as of elementary education, as they shall then or from time to time prescribe, and to provide, over and above the salary herein-before mentioned, a yearly sum not exceeding thirty pounds as a salary for such female teacher, which yearly sum shall be assessed, levied, and paid in like maner as such hereinbefore mentioned salary is hereby directed to be assessed, levied and paid; and it shall be lawful for the said heritors and minister to engage and