of the Department.

It must set apart for secular instruction at least A.D. 1872 two consecutive hours at each morning and afternoon meeting, and one hour and a half at each evening meeting of the school. No instruction in religious subjects may be given in any lesson during the hours fixed for secular instruction. No change in the time-table, so far as the time for religious instruction goes, can be made without the express sanction of the inspector. He ought to refuse to sanction any change during the school session, so that parents may know when to withdraw their children. If the school premises admit of it, the children withdrawn from religious instruction should receive by themselves instruction in secular subjects during the time they are withdrawn. The inspector, on any visit which he pays a school without notice, will report to the Department that the work of the school is not carried on in accordance with the time-table. Any neglect of the rules issued in regard to the timetable entails a forfeiture of grant. Cf. minute of the Scotch Education Department as to approval of time-tables. Appendix, p. 127.

At the end of clause 68 it was proposed to add words to exclude the use of all catechisms and formularies in schools. But the proposal was rejected by a large majority. The Lord Advocate observed that "the principle of the measure was that, subject to the provisions of a conscience clause, the matter of religious teaching was one which "should be left to the people themselves, and that the statute should "neither prescribe nor proscribe anything upon the subject." Mr Forster said,-"To exclude the Catechism from the Scotch schools "would be an extraordinary and tyrannical change, and one entirely "contrary to the feeling of the Scotch people." An attempt was also made to insert words which would make it compulsory to teach the Bible in all public schools; but on a division the amendment was lost by a large majority.

School boards, therefore, may make any provision they think proper on the subject of religious instruction, provided that they conform to the conscience clause.

elemen

69. It shall be the duty of every parent to provide ele- Parents to mentary education in reading, writing, and arithmetic for provide his children, between five and thirteen years of age, and if tary eduunable from poverty to pay therefor, to apply to the paro- cation for chial board of the parish or burgh in which he resides, and their chil it shall be the duty of the said board to pay out of the poor when undren, and fund the ordinary and reasonable fees for the elementary able to education of every such child, or such part of such fees as pay fees to apply to the parent shall be unable to pay, in the event of such board parochial being satisfied of the inability of the parent to pay such fees, board. and the provisions of this clause shall apply to the education of blind children, but no such payment shall be made or refused on condition of the child attending any school in receipt of the parliamentary grant other than such as may be selected by the parent.1

1 Parochial Board. As the Bill was framed, power was given to the school board to pay fees for poor children. The parochial board, however, was substituted, on the ground that it was inexpedient to erect a double machinery in towns for ascertaining the condition of persons belonging to the poorer classes. On two opposite proposals—(1) that the

A.D. 1872 selection of the school to which his children should be sent should be left to the parent; (2) that the parochial board should pay fees only to public schools, the Lord Advocate said-" From both these extremes "he differed. He thought the feelings of the parents ought to be "attended to and respected; but to say that pauper parents should be "entitled to dictate to the authorities what schools the children should "be sent to, without any reference to convenience or locality, was "absurd."

may be

the pro

curator

fiscal on a

board.

Defaulting 70. It shall be the duty of every school board to appoint parents an officer to ascertain and report to the school board what proceeded parents, resident within the parish or burgh, have failed and against by omitted, and are failing and omitting, to perform the duty of providing for their children such elementary education as aforesaid, and it shall be the duty of such officer to keep the certificate school board constantly informed of the names and designafrom the tions of all such parents; and the clerk of the school board or some other appointed by the school board for that duty, shall keep, and from time to time revise, add to, and correct a list of all such parents and their children who have not received and are not in course of receiving such elementary education as aforesaid; and the school board is hereby authorised to summon any such parent to appear before the school board at any meeting thereof, and to require from him every information and explanation respecting his failure of duty with respect to the education of his child or children; and if he shall either fail to appear or on his appearance to satisfy the school board that he has not failed in such duty without reasonable excuse for such failure, and shall not undertake to the satisfaction of the school board to perform such duty by forthwith providing such elementary education as aforesaid for his children, it shall be lawful to and shall be the duty of the school board to certify in writing that he has been and is grossly and without reasonable excuse failing to discharge the duty of providing elementary education for his child or children, and on such certificate being transmitted to the procurator fiscal of the county or district of the county in which the parent resides, or other person appointed by the school board, he shall prosecute such parent before the sheriff of the county for such failure of duty as is in the certificate specified, and on conviction the parent shall be liable to a penalty not exceeding twenty shillings, or to imprisonment not exceeding fourteen days; and such procedure as aforesaid may be repeated against the same parent, and in respect of a continuance of the same failure of duty, at intervals of not less than three months. All fines recovered under this clause shall be paid into the school fund.

1

But A.D. 1872

1 The penalty in the English Act is limited to 5s., with costs. in that Act there is no limitation as to the times when proceedings against a parent may be repeated.

71. Every prosecution under the preceding section shall be Method of in the form prescribed by the "Summary Procedure (Scotland) procedure. "Act, 1864," and the judgment of the sheriff therein shall be final, and shall not be subject to the review of or the proceedings to be removed to any superior court upon the merits, or on informality or want of jurisdiction, or any other ground; and expenses not exceeding twenty shillings may be awarded by the sheriff against the parent complained of, but it shall not be lawful to award expenses against the procurator fiscal; and the reasonable expenses of the prosecution, as the same may be certified by the sheriff, shall, in so far as not awarded against and recovered from the parent, be paid by the school board on whose certificate it proceeded out of the school fund.

shall be

of a pa

72. Any person who receives into his house as a domestic Employers servant, or who employs as a farm servant, or as a worker in of children a mine, factory, or workshop, or assistant in a shop, a child deemed to under the age of thirteen who has not attended school regu- undertake larly for at least three years between the ages of five and the duty thirteen and is unable to read and write, and who continues rent, such child in his employment after notice from the school board of the parish or burgh, or an officer thereof, that he has not received elementary education, shall be deemed thereby to undertake the duty of a parent with respect to the elementary education of such child, so long as he remains in his employment, and shall be liable to be proceeded against, and to be fined or imprisoned as herein-before provided in the case of but parent a parent, should he grossly and without reasonable excuse fail not thereby exto perform such duty; but the duty of the parent shall not empted thereby be discharged or diminished, nor shall the parent be from liathereby exempted from liability to be proceeded against as bility. aforesaid.1

1 It will be observed that this provision does not prohibit a person from employing a child who had not been three years at school, and who could not read or write. It makes the employer subject to all the liabilities to which a parent is subject. The penalty is not imposed on the master for employing such children. It is imposed for continuing to do so after notice from the school board.

73. A certificate of ability to read and write, and of a know- Exempledge of elementary arithmetic, granted in favour of any child tions. by one of Her Majesty's inspectors, shall exempt the parent

A.D. 1872 and all employers of such child from any prosecution or other proceeding under this Act for neglecting to provide for the education of such child.

The regis

imposed upon the

schoolmaster of a parish.

74. Every school board shall make such report and returns,1 and give such information to the Board of Education as the board may from time to time require.

1 If a school board fail to make any return required, the Board may appoint a person to make it at the expense of the school board. Cf. § 33, p. 22,

75. The Scotch Education Department shall in every year cause to be laid before both Houses of Parliament a report of their proceedings under this Act during the preceding year; and such report shall contain a special report upon each school erected or established after the passing of this Act, not being a public school, which in the opinion of the said Department is entitled to receive parliamentary grant.1

1 Under the provisions of § 67.

76. The duties imposed upon the schoolmaster of a parish trar to per- by the Act of the forty-second year of the reign of King form cer- George the Third, chapter ninety-one, and by the Act of the tain duties seventh year of the reign of King William the Fourth and the first year of the reign of Her present Majesty, chapter eighty-three, and by the Act of the eighth and ninth years of the reign of Her present Majesty, chapter thirty-three, and any other duties not relating to teaching which according to any law or statute in force at the date of the passing of this Act are imposed upon the schoolmaster of a parish, shall be performed by the schoolmaster of the parish in office at the date of the passing of this Act, so long as he continues to be teacher of a public school in the parish; and upon his ceasing to be teacher of a public school in the parish the said duties shall be performed by the registrar appointed for such parish, or for the registration district in which the whole or the greater part thereof is comprised under the provisions of the Act of the seventeenth and eighteenth years of the reign of Her present Majesty, chapter eighty; and the said registrar shall do and perform all acts and things required by any such law or statute to be done and performed by such schoolmaster in the manner and subject to the conditions, and with the rights specified by such law or statute, as if he were the officer appointed by such law or statute to do and perform the same.1

1 Cf. Summary, p. xxxvi, notes 2, 3, and 4.

affect

Widows

"

77. Every person who at the time of the passing of this A.D. 1872 Act is a contributor to the fund regulated by the Act ninth and tenth Victoria, chapter two hundred and twenty-six, inti- This Act tuled "An Act for better raising and more securely constitut- not to ing the fund for the relief of widows and children of burgh and Schoolparochial schoolmasters in Scotland," shall, whether he con- masters tinue in the school of which he is now teacher or be appointed Fund Act, teacher of any parish or burgh school by or under this Act, 9 & 10 remain liable to all the obligations and be entitled to all the Vict. c. benefits to which he would have been liable and entitled if this 226. Act had not been passed, and if the constitution of parish and burgh schools had not been altered by this Act: Provided always, that nothing in the said Act or this Act contained shall oblige any person who shall be hereafter appointed a teacher of any parish or burgh school to contribute to the said fund unless he be a contributor at the time of the passing of this Act.1

with this

78. The recited Acts of the first Parliament of King Repeal of William, in the year one thousand six hundred and ninety-six, Acts at of the forty-third year of the reign of His Majesty King George variance the Third, chapter fifty-four, and of the twenty-fourth and twenty- Act. fifth years of the reign of Her present Majesty, chapter one hundred and seven, shall be and are hereby repealed, and all other Acts, in so far as inconsistent with the provisions of this Act, are also hereby repealed; provided always, that the assessments authorised and required to be imposed and levied by the said recited Acts, or any of them, shall continue to be imposed and levied according to the said Acts and the law as existing prior to the passing of this Act, to the extent and effect of imposing and levying in each parish in the course of the year immediately ensuing the passing of this Act an assessment equal in amount to that which was imposed and levied in such parish in the course of the year immediately preceding the passing of this Act, and that the proceeds thereof shall be expended according to the provisions of the existing law by the authorities now charged with the administration thereof until school boards shall be elected for the respective parishes, when any portion of the said proceeds which shall then remain unexpended shall be handed over to the said school boards respectively; and further, provided that no vacancy in the office of teacher under the said recited Acts, or any of them, or in the office of teacher in a burgh school, occurring after the passing of this Act, shall be filled up, except under the provisions of this Act. But should a vacancy occur in a parish or burgh before a school board has been elected therefor, it shall be lawful for and shall be the duty of the managers of the school in 1 Schoolmasters' Widows' Fund, cf. p. xxxvi.

D