clared and provided, that the right of electing a parochial schoolmaster, juro devoluto, conferred by the fifteenth section of the said recited Act on the commissioners of supply of the county, after the expiration of four months from the time when the vacancy in any parochial school shall have taken place, shall not arise or accrue to the commissioners of supply until the expiration of six months from the time of such vacancy. Schoolmaster's House to consist of Four Apartments. 17. Where in any parish it shall be necessary to provide a house for the parochial schoolmaster, in terms of the recited Act, and of an Act passed in the first and second years of the reign of Her present Majesty, intituled An Act to facilitate the Foundation and Endowment of additional Schools in Scotland, or either of them, such house shall consist of at least three apartments besides the kitchen. Act not to interfere with Arrangements as to Retirement of Schoolmaster. 18. Nothing in this Act shall be held to interfere with any arrangement which may have been concluded between the heritors and schoolmaster of any parish for the retirement of such schoolmaster, except as regards the house and garden, and premises attached thereto, which shall in every case be made over at the term of Whitsunday next after the passing of this Act to the person actually discharging the duties of schoolmaster, and where the use of such premises may have formed part of a retiring allowance the heritors shall make reasonable compensation to the ex-schoolmaster. Heritors and Ministers may permit or require Schoolmaster to resign. 19. In case it shall be found, on a report by one of Her Majesty's Inspectors of Schools, made on the application of the heritors of the parish, and concurred in by the presbytery of the bounds, that the schoolmaster of any parish is disqualified because of infirmity or old age for the due performance of the duties of his office, or that from negligence or inattention he has failed efficiently to discharge such duties, it shall be lawful to the heritors and minister, at any meeting called and held as aforesaid, to permit or require such schoolmaster to resign his said office, and in case of his refusal so to do to dismiss or suspend such schoolmaster, and when necessary to declare the school vacant; and in every case of such resignation the heritors and minister may grant to such schoolmaster a retiring allowance payable during the remainder of his life; provided that where such resignation shall not be occasioned by any fault on the part of the schoolmaster the heritors shall grant a retiring allowance the amount whereof shall not be less than two third parts of the amount of the salary pertaining to said office at the date of such resignation thereof, and shall not exceed the gross amount of such salary, which retiring allowance shall be payable in all respects in like manner with the salary of the schoolmaster; provided also, that no schoolmaster shall be suspended for a longer period than three months, or be dismissed for neglect of duty, excepting under the above provisions. Minister and Heritors may grant annual Allowance to Schoolmaster, in addition to retiring Allowance. 20. In all cases in which the minister and heritors are by this Act empowered to provide a retiring allowance for a schoolmaster who shall resign or shall be removed from his office, it shall be lawful for them, if they see fit, to provide for such schoolmaster, in addition to such allowance, and in like manner, a further yearly sum, equal in amount to the annual value of any dwelling-house and garden to which he may be entitled as such schoolmaster, as the same shall be valued by the assessor for the county. 20 & 21 Vict. c. 59. repealed. 21. The whole provisions of an Act passed in the twentieth and twentyfirst years of the reign of Her present Majesty, chapter fifty-nine, intituled An Act concerning the Parochial Schoolmasters in Scotland, shall be and are hereby repealed. Schoolmasters in Royal Burghs not to be required to sign Confession of Faith or Formula of Church of Scotland. 22. From and after the passing of this Act, it shall not be necessary for any person elected to be a schoolmaster of any burgh school to profess or subscribe the Confession of Faith, or the formula of the Church of Scotland, or to profess that he will submit himself to the government and discipline thereof, nor shall any such schoolmaster be subject to the trial, judgment, or censure of the presbytery of the bounds for his sufficiency, qualifications, or deportment in his office, any statute to the contrary notwithstanding; and this enactment shall be a sufficient defence in answer to any proceedings against any schoolmaster of any burgh school in respect that he has not made such profession or subscription. Not to affect Provisions relating to Parochial Schools, &c. 23. Nothing herein contained shall repeal, alter, or affect the provisions of the recited Act, or of any other Act relating to parochial schools or schoolmasters in Scotland, excepting in so far only as shall be necessary to give effect to the provisions of this Act. Short Title. 24. This Act may be quoted in all proceedings as "The Parochial and Burgh Schoolmasters (Scotland) Act, 1861.” SCHEDULE (A.) DIVISION OF SCOTLAND INTO FOUR DISTRICTS IN CONNEXION WITH THE FOUR UNIVERSITIES. XIII. RULES, DIRECTIONS, AND ORDERS OF THE SCOTCH EDUCATION DEPARTMENT AND OF THE BOARD OF EDUCATION RULES AND DIRECTIONS FOR THE CONDUCT OF THE FIRST ELECTION OF SCHOOL BOARDS. [Published by the Board of Education for Scotland, 21st January 1873.] Time for election of School Board Publication of time and place of election and of person to be Returning Officer. Polling places. Notice by RULES and DIRECTIONS for the FIRST ELECTION of SCHOOL BOARDS in Parishes not being Burghal Parishes, and in School Districts. In accordance with the provisions of "The Education (Scotland) Act, 1872" [35 & 36 Victoria, cap. 62, passed 6th August], which requires that "within twelve months after the passing of this Act, a School Board shall be elected in and for each and every Parish in Scotland, the following Rules and Directions are hereby prescribed for the conduct of the first Election of the School Boards : 1. In each Parish, the time fixed for the first Election of a School Board, shall be not less than Twenty-one days after the meeting held by the Heritors and Minister for the appointment of a Returning Officer, and for fixing the time and place of such Election. 2. Publication of the time and place fixed for the Election, and of the person appointed to be Returning Officer, shall be made by Notices affixed to the doors of the Parish Church, and of all the other Places of Worship, and of all Public or State-aided Schools within the Parish. 3. In a Parish where the extent or other circumstances render it necessary, the Returning Officer shall appoint a sufficient number of polling places situated conveniently for the Voters, and shall prepare a List of the Voters who are to vote at each polling place.1 No Public House shall be used for a polling place or for the purposes of an Election. 4. Fourteen days before the day fixed for the Election, the Returning Officer shall cause notices to be affixed to the doors of the Parish Church, and of all the other Places of Worship and of all public or stateaided Schools within the Parish, specifying the day, hour, and place or places for polling; and when there is more than one polling place, the districts for which each polling place is assigned; and the number of Members to be elected to the School Board. 1 The English Rules corresponding to this are as follows:-The returning officer shall determine the number and situation of the polling places, and for the purposes of this election may cause the Parish to be divided into Polling Districts. The said officer shall cause the boundaries of such districts, and the number and situation of the polling places, to be published not less than three clear days before the day fixed for the election. If the Parish is divided into polling districts, each voter shall give his vote in the polling district in which the property in respect of which he is entitled to vote is situate; and if it is situate in more than one polling district, he shall vote in any one of the polling districts in which it is situate. of candi 5. Not less than ten days prior to the day of Election, any two Elec- Nomination tors of the Parish1may nominate as a Candidate any person of full age, dates. by sending to the Returning Officer, or delivering at his place of residence, a nomination paper, subscribed by said two Electors, and stating the Christian name and surname, with the place of abode and designation, of each Subscriber, and of the Candidate nominated. And the Returning Officer, on receipt of the same, shall forthwith send notice of his nomination to each Candidate. mination. 6. No nomination paper shall be received after Four o'clock in the Time for noafternoon of the tenth day before the day of Election, and no person shall be a Candidate unless he has been nominated within the time and in the manner aforesaid. The Returning Officer shall have power to decide whether any nomina- Validity of tion is valid, and his decision shall be final. nominations. of candi 7. Seven2 clear days before the day fixed for the Election, the Return- Notice of ing Officer shall give public notice of the names, designations, and places names, &c., of abode of the several Candidates nominated as aforesaid, and not dates. withdrawn, by affixing a list of the same to the doors of the Parish Church, and of all the other Places of Worship and of all Public or State-aided Schools within the Parish, and in such other manner as he may deem necessary to ensure publicity. ber of can didates acnumber of cords with 8. If the number of Candidates nominated and not withdrawn shall Procedure equal but not exceed the number of Members to be elected, it shall be where numnotified by the Returning Officer, in publishing the names of the Candidates so nominated, that as the number of Candidates accords with the number of Members to be elected, there will be no Poll, and that on the day of Election these Candidates will be held to be duly elected. 9. If the due number of Candidates has not been nominated, the Returning Officer shall report to the Board of Education that no Election has taken place. members to be elected. Procedure number of when due candidates not nominated. ber of can ceeds num 10. If, seven clear days before the day fixed for the day of Election, the Procedure number of Candidates nominated and not withdrawn shall exceed the when numnumber of Members to be elected, the Returning Officer shall forthwith didates exproceed to make arrangements for a poll by ballot in the manner pre- ber of mem scribed in Schedule A; and on the day of Election, the Returning bers to be Officer, or such person or persons as may be appointed by him for this purpose, shall proceed to take and collect, by ballot, the votes of the Electors in the manner prescribed in said Schedule. 1 The same persons are not precluded from nominating more than one candidate. Eight days are allowed in English parishes. Candidates may be withdrawn six days before election. elected. |