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(Scotland.)

A

BILL

TO

Reform and extend the School Establishment of
Scotland.

[Note. The Words printed in Italics are proposed to be inserted
in the Committee.]

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HEREAS an Act was passed by the Parliament of Scot- Preamble. land in the First Parliament of King William in the Year

c. 87.

One thousand six hundred and ninety-six, intituled "Act 1st Parlia"for settling of Schools:" And whereas another Act was passed by William, ment of King 5 the Parliament of Great Britain in the Forty-third Year of the 1696, c. 26. Reign of His Majesty King George the Third, intituled "An Act 43 G. 3. c. 54. " for making better Provision for the Parochial Schoolmasters, and for making further Regulations for the better Government of the Parish "Schools, in Scotland:" And. whereas another Act was passed in 10 the Session of Parliament holden in the First and Second Years of the Reign of Her present Majesty, intituled " An Act to facilitate 1 & 2 Vict. "the Foundation and Endowment of additional Schools in Scotland :" And whereas another Act was passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of Her present 15 Majesty, intituled "An Act to enable Proprietors of entailed 3 & 4 Vict. "Estates in Scotland to feu or lease on long Leases Portions of the c.48. "same for the building of Churches and Schools, and for Dwelling "Houses and Gardens for the Ministers and Masters thereof:" And whereas the Means of Education in Scotland are inadequate to the 20 present Circumstances and Population of the Country; and it is expedient

296.

A

Commis

sioners of the Treasury may apply

for the Pur

expedient that the said recited Acts should be amended, and that more ample Means should be provided and an improved System of Education adopted: Be it therefore 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 5 assembled, and by the Authority of the same, That it shall be lawful for the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the Time being, from Time to Time, to set apart and appropriate such Part of the Sums which for Educa may be voted by Parliament for Purposes of Education in Scotland 10 as they shall deem necessary for carrying into effect the Purposes of this Act.

poses of this Act Part of

the Sums granted by Parliament for

tion in Scotland.

Interpretation of Words.

General Board established.

II. And be it enacted, That the following Words and Expressions in this Act shall have the several Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to 15 such Construction; (that is to say,)

Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number shall include the Singular Number:

The Word "Month" shall mean Calendar Month:

The Word "Board" shall mean the General Board of Education in Scotland appointed by this Act:

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The Words "Committee" and "Committees" shall mean and in-
clude the Parish Committees and District Committees and Com-
mittees of united Heritors and Electors respectively, created or 25
elected and acting under the Provisions of this Act:
The Word" Electors" shall mean and include all Male Persons,
being of lawful Age, assessed for the Relief of the Poor in
Parishes or Districts in which an Assessment is or shall be levied
for the Relief of the Poor, and not being Heritors qualified in 30
Terms of the said second-recited Act, and also all Male Heads
of Families, being of lawful Age, in Parishes or Districts in which
no such Assessment is levied, and not being Heritors qualified
as aforesaid:

The Word "Clerk" shall mean the Clerk appointed by any Com- 35
mittee under the Provisions of this Act, as the Case may be.

III. And be it enacted, That a General Board shall be and is hereby established for carrying into effect the Purposes of this Act; and the said Board shall consist of the following Persons, namely, a Person to be appointed by Her Majesty who shall be 40 the permanent Chairman of the Board, the Lord Advocate, the Dean of the Faculty of Advocates, the Solicitor General of Scotland, the Principal of the University of Edinburgh, the Principal of the Uni

versity

versity of Glasgow, the Professor of Humanity in the said University of Edinburgh, and the Rector of the High School of Edinburgh, all for the Time being; and it shall be lawful for Her Majesty to appoint an additional Number of Persons, not exceeding Three, 5 to be Members of the Board; and there shall be paid to the Chairman such Salary, not exceeding Six hundred Pounds per Annum, as shall be fixed by the said Commissioners of Her Majesty's Treasury; and it shall be lawful for Her Majesty, and Her Heirs and Successors, upon Cause shown, to remove the Members of the Board, or 10 any One or more of them, and also from Time to Time to supply any Vacancy which may occur in the Board, by Death, Removal, Resignation, or otherwise, of the Chairman, or any other of the Members of the Board; and the Board shall be called "The Board of Education in Scotland," and shall hold its Meetings at 15 Edinburgh.

IV. And be it enacted, That a Place of Meeting shall be provided Place of and maintained for the Board at Edinburgh, with an Office for the Meeting for the Board, Secretary, and all necessary Accommodation; and all the Expenses and Exattending the same, and the Salaries of the Chairman and Secretary, penses, 20 and also the Expense of Books and Stationery for the Use of the Board, shall be defrayed out of the Money to be set apart and appropriated for carrying into effect the Purposes of this Act as aforesaid.

the Board.

V. And be it enacted, That it shall be lawful for the Board, over Powers of 25 and above the Matters hereby specially committed to their Care, to exercise a general Superintendence of all the Parochial Schools of Scotland, and of all the Schools to be established under this Act, and from Time to Time to make and establish such Rules and Regulations as they may deem necessary for the Election of the elected Mem30 bers of Committees, and fixing the Limits of Districts, and for the Regulation and Government of Committees, and of the Conduct and Duties of the Clerks or other Officers appointed under the Authority of this Act for the Enforcement of such Rules and Regulations: Provided always, that such Rules and Regulations shall 35 not be inconsistent with the Provisions of this Act, and shall, before being put into execution, be approved of by the Lord Advocate for the Time being.

Jurisdiction

VI. And be it enacted, That in all Cases in which any Superin- Superintendence, Power or Authority, or any Right of Appeal, or other tendence and 40 Right or Jurisdiction whatsoever, is by this Act conferred upon the of PresbyBoard or upon any Committee acting in the execution of this Act, all such Superintendence, Power, or Authority, Right of Appeal, or other

296.

teries to cease.

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Meetings of the Board.

Quorum.

Members of

derive Profit

or Emolu

other Right or Jurisdiction, heretofore enjoyed, exercised, or existing by or in any Presbytery or otherwise, shall cease and determine, any thing in any Act or Acts of the Parliament of Scotland, or of the Parliament of Great Britain, or other Law or Practice, to the contrary in anywise notwithstanding.

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VII. And be it enacted, That the Board shall meet at the Place of Meeting to be provided for them as aforesaid, or at such Place as shall be fixed for the Purpose, upon the First Day of July next, or upon the first convenient Day within Ten Days thereafter (of which due Notice shall be given by the 10 Secretary to each of the Members of the Board), and shall thereafter hold Two General Meetings in each Year, one upon the First Wednesday in February, and the other upon the First Wednesday in July; and at such First Meeting, and at all other Meetings of the Board, Three of the Members shall be a Quorum, with Power to 15 act in all Matters hereby committed to the Board; and the Board shall have Power to adjourn for such Time and to such Place as they shall think fit, and to hold special or pro re natâ Meetings, which may be called by the Secretary in such Manner as the Board shall direct.

VIII. And be it enacted, That the Members of the Board shall Board not to not derive Profit or Emolument for the Discharge of the Duties any of their Office, excepting as herein mentioned, nor shall they be perment for dis- sonally responsible for anything done bonâ fide in the Execution of their Duties. this Act, or in the Exercise of the Powers thereby conferred.

charging

Secretary to IX. And be it enacted, That it shall be lawful for Her Majesty be appointed. to appoint a fit Person to be Secretary to the Board, to whom there

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shall be paid such Salary, not exceeding Three hundred Pounds per
Annum, as shall be fixed by the said Commissioners of Her Majesty's
Treasury; and such Secretary, and every Secretary to be hereafter 30
appointed, shall be removable from his Office by Her Majesty on
the Application of the Board; and upon the Death, Resignation, or
Removal of any such Secretary, the Board, with the Approbation
of Her Majesty, Her Heirs and Successors, to be signified by One
of Her Majesty's Principal Secretaries of State, shall appoint a 35
Secretary in the Room of the Secretary so dying, resigning, or being
removed; and such Secretary shall, under the Direction of the Board,
keep regular Books and Minutes of all the Proceedings of the Board,
and shall, in the Performance of all his Duties, and in all respects,
be subject to the Inspection, Direction, and Control of the Board.

40

Electors may consider the

additional

X. And be it enacted, That it shall be lawful for any Heritor quali- Heritors or fied in Terms of the said second-recited Act or any Elector resident in any Parish to make Application in Writing to the Board, representing Question of that the Means of Education in such Parish are inadequate to the Means of 5 Wants of the Population, and requesting the Board to call a Meeting Education in of all the Heritors qualified as aforesaid and Electors in such Parish, any Parish. which Meeting the Board, if they shall think it expedient, shall direct to be called accordingly, to be held at such Time and at such Place within the Parish as the Board shall think fit, Eight Days 10 previous Notice thereof being given by Advertisement inserted in some Newspaper published or generally circulated in the Parish, and affixed on the Doors of the several Churches within the Parish on the Sunday preceding the Meeting; and the Heritors and Electors present at every such Meeting shall have Power by the 15 Votes of a Majority to elect a Chairman, and also a Clerk to officiate thereat; and if it shall appear to a Majority of the Heritors and Electors present that additional Means of Education are required for the Parish, the Meeting shall come to a Resolution to that Effect, and fixing generally the Nature and Extent of the 20 additional Means to be provided, and shall thereupon appoint a subsequent Day, at the Distance of not less than Twenty nor more than Thirty Days, for holding another Meeting of the Heritors and Electors of the Parish for the Appointment of a Parish Committee for promoting the Establishment of an additional School or Schools, or for 25 the Adoption of the existing School, and providing the additional Means of Education necessary; and the Chairman presiding at the First Meeting shall cause the like Notice to be given of such Meeting for the Appointment of a Parish Committee as is herein-before directed to be given of the First Meeting, and shall also, if present, 30 preside at such Second Meeting; and in case of his Absence the Electors present shall by the Votes of a Majority elect a Chairman to preside at such Second Meeting: Provided always, that the Expenses of calling such Meetings, and of all Proceedings connected therewith, shall in the first instance be paid and borne by the Heritors 35 or Electors applying to the Board as aforesaid: Provided also, that if a Committee shall be elected in manner herein-after provided, the Sums actually and in the Opinion of the Board properly expended by such Heritors or Electors shall be repaid to them by such Committee out of the first Monies which shall come into their Hands in 40 virtue of this Act.

mittee.

XI. And be it enacted, That the Parish Committee of such Election of Parish shall consist of the Minister and all the Heritors of such Parish ComParish qualified as aforesaid, and of as many Members as the Board, after having received Information of the Proceedings of the said 45 First Meeting, shall in Writing prescribe, chosen from among the Electors;

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