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A.d. 1872 which it occurs, to make due provision for the temporary dis
charge of the duties of the vacant office until it can be filled
under this Act ;2 and provided, that any sum payable to a schoolmaster prior to the passing of this Act, under the Act of the first and second years of the reign of Her present Majesty, chapter eighty-seven, shall continue to be paid to him so long as he holds the office of schoolmaster on account of which such sum was payable to him, and shall thereafter be paid to the school board of the parish in which he held such office, for the purposes of the school fund.3
1 For summary of provisions of repealed Acts, p. xlvi, notes 2 and 3, and p. xlvii, note 1. The Acts in full will be found in the Appendix.
2 The duties of the old managers of the parish and other schools under the recited Acts, and of the burgh schools, are thus limited to—
1. Levying the same assessment as was levied for the year immediately preceding the passing of the Act, and expending the proceeds under the provisions of the old law, until school boards are elected.
2. In the case of a vacancy in the office of teacher, making provision for the temporary discharge of the duties of the vacant office, till it can be filled up according to this Act.
3 The words printed in italics are repealed by the Highland Schools Act, 1873, which will be found in the Appendix, p. 130. (Cf. p. xlviii, note 1.)
Saving of 79. Nothing contained in this Act shall interfere with or rights, &c. diminish the powers, rights, and privileges of the trustees of Dr John Milne's bequest, for the promotion of education in the county of Aberdeen, and parish of Banchory-Devenick, in the administration and management of that bequest, or deprive any of the schools entitled at the passing of this Act to participate in said bequest of their right to do so in future, and the grants made by said trustees from the funds under their management, shall continue as heretofore to be paid over by them to the teachers whom they may select to receive the same. Short title. 80. This Act may be cited for all purposes as "The Education (Scotland) Act, 1872."
General Rules respecting Election of Members of a School
1. The number of membersJ of the school board shall be such number not less than five nor more than fifteen as may be determined by the Scotch Education Department with respect to each parish and burgh, and, within the said limits, the number of the members of any school board may before any triennial election be changed by the said Department.
2. The electors shall consist of all persons being of lawful age, and not subject to any legal incapacity, whose names are entered on the latest valuation roll applicable to the parish or burgh for which the board is to be elected, made up and completed not less than one month prior to the election, as owners or occupiers of lands or heritages of the annual value of not, less than four pounds, situated within such parish or burgh; and the valuation roll, or a certified copy thereof, shall be conclusive evidence that the persons therein named had, and continue to have, the qualifications annexed to their names respectively in the said roll.
3. The chairman of the school board shall be the returning
A.d. 1872 officer, and failing him, some person appointed by the school board.2
4. The election shall be held at such times, and in such manner, and in accordance with such rules and directions as the Scotch Education Department may from time to time by order prescribe, and the Scottish Education Department may, by order, appoint or direct the appointment of any officers requisite for the purpose of such election, and do all other necessary things preliminary or incidental to such election.
5. All expenses incident to the election of a school board (but not including the expenses of any candidate) in any parish or burgh shall be paid by the said school board out of the school fund.
6. At every election every voter shall be entitled to a number of votes equal to the number of the members of the school board to be elected, and may give all such votes to one candidate or may distribute them among the candidates as he sees fit.
1 The members of the school board going out of office, may be reelected to the new school board.
2 If the chairman proposes to stand for re-election, the school board should appoint the returning officer, who should not be the chairman.
LANDS CLAUSES CONSOLIDATION (SCOTLAND).1
An Act for consolidating in One Act certain Provisions usually inserted in Acts authorising the taking of Lands for Undertakings of a public Nature in Scotland.—[8th May. 1845.]
And with respect to the purchase of lands by agreement, be it enacted as follows:—
Power to purchase Lands by Agreement.
6. Subject to the provisions of this and the special Act,2 it shall be lawful for the promoters of the undertaking3 to agree with the owners of any lands* by the special Act authorised to be taken, and which shall be required for the purposes of such Act, and with all parties having any right or interest in such lands, or by this or the special Act enabled to sell and convey the same, for the absolute purchase of any such lands, or such parts thereof as they shall think proper, and for the purchase of all rights and interests in such lands of what kind soever.
Parties under Disability enabled to sell and convey.
7. It shall be lawful for all parties, being possessed of any lands, or any such right or interest therein, to contract for, sell, convey, and dispose of such lands, or of such right therein, to the promoters of the undertaking, and to enter into all necessary agreements for these purposes, and particularly it shall be lawful for the parties following so to do;
1 Cf. § 37, p. xxii and 23; also.§ 40.
8 Special Act—viz., Education (Scotland) Act, 1872.
3 "The promoters of the undertaking " shall, for the purposes of this enactment, mean the school hoard of any parish or burgh. § 37 of Education (Scotland) Act.
4 " Lands" includes houses, tenements, and heritages of any description or tenure.
(that is to say,) all corporations, heirs of entail, life-renters, or persons holding any other partial or qualified estate or interest, married women seised in their own right or entitled to terce or dower, or any other right or interest, husbands, tutors, curators, and other guardians for infants, minors, lunatics or idiots, fatuous or furious persons, or for persons under any other disability or incapacity, judicial factors, trustrees or feoffees in trust for charitable or other purposes, executors, and administrators; and the power so to contract for, sell, convey, and dispose of as aforesaid may lawfully be exercised by all such parties, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion or expectancy after them, and as to such married women as if they were sole, and as to such tutors, curators, guardians, judicial factors, and trustees, on behalf of those for whom they respectively act, whether infants, minors, issue unborn, bankrupts, lunatics, idiots, fatuous and furious persons, married women, or other incapacitated persons, and that to the same extent as such infants, minors, bankrupts, lunatics, idiots, fatuous and furious persons, married women, and other incapacitated persons respectively could have exercised the same power under the authority of this and the special Act if they had respectively been under no disability.
Parties under Disability may exercise other Powers.
8. The power herein-after given to discharge any lands from feu duties or casualties of superiority, as well as every other power required to be exercised by any superior pursuant to the provisions of this or the special Act, or any Act incorporated therewith, and the power to discharge lands from any rent, payment, charge, feu duties, ground annuals, or other real burdens or incumbrances, and to agree for the apportionment of any such rent, payment, charge, feu duties, ground annuals, or other real burdens and incumbrances, shall extend to and may lawfully be exercised by every party hereinbefore enabled to contract for, sell, dispose of, or convey lands or rights or interests therein to the company.
Amount of Compensation, in case of Parties under Disability, to be ascertained by Valuation, and paid into the Bank.
9. The purchase money or compensation to be paid for any lands, or any rights or interests therein, to be purchased or taken from any party under any disability or incapacity, and not having power to sell or convey such lands, or rights or interests therein, except under the provisions of this or the special Act, and the compensation to be paid for any permanent damage or injury to any such lands, shall not, except where the same shall have been determined by the sheriff,1 or by the verdict of a jury, or by arbitration, or by the valuation of a valuator appointed by the sheriff under the provision herein-after contained, be less than shall be determined by the valuation of two able practical valuators, one of whom shall be nominated by the promoters of the undertaking, and the other by the other party, and if such two valuators cannot agree in the valuation then by such third valuator as the
1 Sheriff includes sheriff-substitute.