be submitted to and approved of by the Board, who may direct such Alterations to be made on the Plans submitted to them as they shall think necessary: Provided also, that in Cases where a House or Garden cannot be allotted to the Schoolmaster without Loss and 5 Inconvenience, it shall be optional to the Committee, with the Consent of the Board, to pay to the Schoolmaster, in lieu of such House or Garden, or either of them, such Addition to his Salary as may be fixed by the Board.

XXIII. And be it enacted, That the Conveyances of all Lands Property to 10 acquired by the Committee for the Purposes of this Act shall be be vested in Committee, taken and made in the Name of the Members of the Committee and and Buildtheir Successors in Office, and shall be recorded in the Register of ings maintained by Sasines for the County in which such Lands are situated; and the them. Property of such Lands and of all Buildings erected thereon shall in 15 all Time thereafter be and remain vested in the Committee and their Successors in Office for the Purposes of this Act, without any Renewal of the Titles or Investiture; and the Committee shall at all Times maintain the School-house and Dwelling House, and the Fences of the Garden, in proper Condition and Repair; and the 20 Expense of all necessary Repairs shall be defrayed out of the Monies raised and levied under the Provisions of this Act.

XXIV. And be it enacted, That in all Cases where it shall have Assessing been resolved by the Committee under the Authority of this Act, of Rates for and levying and with the Approbation of the Board, to acquire Land or Build- defraying 25 ings, or to erect any School-house or additional School-house or Expenses. Schoolmaster's House, or to provide Playgrounds and Gardens, or to adopt the existing School, Schoolmaster's House, and Garden, or to enlarge and improve any existing School, or to grant Salaries to any Schoolmaster, or to raise Money for other educational Purposes, the 30 Monies requisite for all or any of such Purposes shall, after the same have been certified by the Board as the Amount of the Salaries and Expenses approved of by the Board, be raised by Assessment upon the Heritors qualified as aforesaid and the Electors of the Parish or District respectively, as the Case may be, as Rate-payers; and such Assess35 ments shall be made and levied, as shall be fixed by the Board, either in such Manner as the Assessment to the Poor is for the Time made and levied under an Act passed in the Session of Parliament holden in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled "An Act for the Amendment and better Administration of 40" the Laws relating to the Relief of the Poor in Scotland," or in such Manner as the Assessment is for the Time made and levied under an Act passed in the Session of Parliament holden in the Second and Third Years of the Reign of Her present Majesty, intituled " An Act 296.

to

Assessment for Expenses of District

School.

Where Parish
Committee

constituted,

and addi

of Education

"to improve Prisons and Prison Discipline in Scotland," or under any
Act or Acts which may hereafter be passed altering or amending the
said Two last-recited Acts or either of them, in so far as regards the
Manner of making and levying Assessments, and shall be so levied
in either Case along with but separately from such Assessments, and 5
so as to keep the Sums leviable for the Purposes of this Act distinct
and separate from the Assessments levied for the Purposes of the
said Two last-recited Acts; and the Collector of the said Assessments
under the said Two last-recited Acts or either of them shall account
for and pay over the Assessments collected by him for the Purposes of 10
this Act to the Clerk of the Committee for whom the same are levied,
to be applied to the Purposes of this Act.

XXV. And be it enacted, That where a District shall be formed on the Application of the Heritors or Electors of the proposed District, whether wholly in one Parish or partly in one Parish and partly 15 in another Parish, the Expenses to be incurred in relation to the School in such District shall be defrayed by and be assessed exclusively upon the Heritors and Electors of such District as Rate-payers; and the Heritors and the Electors of the Parish or Parishes, other than those within the District, shall not be liable for any Part of the 20 Expense of such District School or Means of Education within such District.

XXVI. And be it enacted, That where a Parish Committee shall be constituted and additional Means of Education shall be provided in any Parish to the Satisfaction of the Board as herein-before 25 tional Means directed, the existing Parochial School of such Parish shall be provided, the deemed to be and be a School established under the Authority of existing this Act, and the Parish Committee of such Parish shall thereafter Parochial School to have the Care and Management of such School and the Appointbecome a ment of the Schoolmaster; and all the Expenses attending such 30 School shall be defrayed by Assessment upon the Heritors and the Electors of the Parish, all in such and the like Manner as if such Parochial School had been a School established under this Act.

School under this Act.

School established by united Committee

to be a

XXVII. And be it enacted, That upon the Establishment of a School and the Election of a Schoolmaster by the Committee of united 35 Heritors and Electors, such School, whether a new School shall be

School under provided or the existing Parish School shall be adopted, shall be

this Act.

deemed and taken to be in all respects a School established under this Act; and the Heritors shall thereafter be assessed as Rate-payers under this Act, and not as Heritors under the said second-recited 40 Act, towards all the Expense attending the Establishment and Maintenance of such School.

XXVIII. And

XXVIII. And be it enacted, That it shall be lawful for the Com- Power to mittee to borrow on Mortgage any Sum not exceeding in the whole borrow Money. the Amount of One Half of the estimated Expenses hereinbefore authorized and directed to be raised and paid by the Com5 mittee, as such Amount shall be certified by the Board, and to make and grant Mortgages and Assignations of the Rates to be levied and taken by them in virtue of this Act, in the Form of the Schedule (A.) to this Act annexed, or to the like Effect, in Security of the Payment of the Sums so borrowed, and Interest thereon; and the Sums so 10 borrowed shall be applied in defraying the Expense of acquiring Lands or Buildings, and erecting or enlarging and improving Schoolhouses and Schoolmasters' Houses, and providing Gardens and Playgrounds, and Apparatus and other Conveniences connected with such Schools, and to no other Use or Purpose whatsoever; and any Person 15 entitled to any such Mortgage or Assignation may transfer his Right and Interest therein to any other Person; and every such Transfer shall be by Deed duly stamped, wherein the Consideration shall be truly stated, and may be according to the Form of the Schedule (B.) to this Act annexed, or to the like Effect.

20

XXIX. And be it enacted, That the Committee shall every Year Sinking after Money has been borrowed by them under the Provisions of this Fund for Payment of Act, besides paying the Interest of the borrowed Money, appropriate Sums borand set apart out of the Monies to be raised and levied by them a rowed. Sum equal to at least Five Pounds per Centum of the Sums which 25 shall then be due and owing, as a Sinking Fund, to be applied in the Repayment of the Principal Sums so borrowed.

Branches of

and School

XXX. And be it enacted, That it shall be lawful for the Committee Committee at a Meeting specially called for the Purpose, and of which Notice to fix shall be given to all the Members, by Letters forwarded by Post, and Education 30 posted Fourteen Days previous to the Day of such Meeting, to fix and to be taught, determine, from Time to Time, the Branches of Education which shall Fees to be be taught in the School under their Management, and the School charged. Fees which shall be charged; but the Resolutions of the Committee in all such Cases shall be subject to the Approbation of the Board, 35 who may allow or disallow the same, or make such Alterations therein as they shall think expedient, and the Resolutions, as approved of by the Board, shall be adopted and acted upon by the Committee.

XXXI. And be it enacted, That no Candidate shall be eligible as Qualification a Schoolmaster under this or the said recited Acts unless he shall of Candidates for the 40 produce a Certificate under the Hands of Two Government Inspec- Office of tors of Schools in Scotland, to the Effect that they have examined Schoolsuch Candidate, and found him duly qualified, nor unless he shall D

296.

be

master.

Regulations to be approved of by the Lord Ad

vocate and Committee of Council.

be otherwise qualified according to such Regulations as shall be established by the Board, who are hereby authorized and required from Time to Time to make and publish Rules and Regulations to that Effect, and shall have obtained a Certificate of Competency from the Board.

XXXII. Provided always, and be it enacted, That no such Rules and Regulations made by the Board shall be effective or binding unless and until the same shall have been submitted to and approved of by the Committee of Her Majesty's Most Honourable Privy Council on Education.

Election of XXXIII. And be it enacted, That where a Committee shall have Schoolbeen constituted as aforesaid, and the Board shall have been satisfied master by Committees. as to the Necessity of a School or additional School in any Parish or

Election of

Schoolmaster by

Heritors.

5

10

District, and also as to the Sufficiency of the Funds to be provided
for educational Purposes and for the Payment of the Schoolmaster's 15
Salary, it shall be lawful for the Committee, at a Meeting specially
called for the Purpose, and of which Notice shall be given to all the
Members, by Letters forwarded by Post, and posted Fourteen Days
previous to the Day of such Meeting, by a Majority of the Votes of
the Members present at such Meeting, to elect from among the Can- 20
didates qualified as herein prescribed a Schoolmaster for such School
or additional School to be provided and maintained under this Act;
and the Election of Schoolmasters for such Schools or additional
Schools shall remain with and be in the Committee in all Time
thereafter.

25

XXXIV. And be it enacted, That in every Parish in which a School has been established or maintained under the said recited Acts Minister and or any of them, and in which a Committee shall not have been constituted under this Act, the Minister and Heritors of such Parish shall elect as heretofore the Schoolmaster of such School, subject (except 30 as herein otherwise provided) to the Rules and Regulations prescribed in the Case of Elections of Schoolmasters by the Committee.

Vacancies

how to be supplied.

XXXV. And be it enacted, That upon a Vacancy occurring in the School of any Parish or District by the Death of the Schoolmaster, whether appointed or acting under the said second-recited 35 Act or this Act, Intimation thereof shall forthwith be given to the Board by the Session Clerk or the Clerk of the Committee, or, if there be no Session Clerk or no Clerk of the Committee, by the Inspector of the Poor; and the Board shall thereupon fix some convenient Day, at the Distance of not less than Fourteen Days and not 40 more than Two Months, on which the Minister and Heritors or the Committee

Committee, as the Case may be, shall meet for the Election of a Schoolmaster to supply such Vacancy, and shall cause Notice to be given in some Newspaper published or usually circulated in the Parish or District Twice at least Eight Days before the Day of such 5 Meeting; and such Meeting may be adjourned to a future Day; and at such Meetings the Minister and Heritors, or the Committee, by a Majority of their Number, shall elect a Schoolmaster to supply such Vacancy; and if any Difference or Question shall arise regarding any Election of a Schoolmaster under the said recited Acts or this 10 Act, the same shall, on Appeal, be settled by the Board, whose Decision shall be final, and not subject to Review by Reduction, Suspension, or Advocation, or in any other manner of way.

XXXVI. Provided always, and be it enacted, That if within Six If Heritors Months after the Date of such Notice, or within such further Time orCommittee fail, Board 15 as the Board on Application may fix, the Minister and Heritors or may appoint the Committee shall fail to elect a Schoolmaster to supply such SchoolVacancy, the Board shall appoint a Schoolmaster to supply the same.

master.

School

XXXVII. And be it enacted, That from and after the First Day of Salaries of January next after the passing of this Act the Salary of each of masters. 20 the Schoolmasters appointed and acting under the said recited Acts or any of them (except as herein-after provided), and the Salary of each of the Schoolmasters to be appointed under this Act, shall be not less than Thirty-five Pounds nor more than Fifty Pounds per Annum, and when once fixed shall not, until a Vacancy occur, be reduced; and 25 which Salary, where payable by the Heritors, shall be collected and paid in such and the like Manner, and with the like Relief against Tenants, as Salaries are under the said first and second herein-recited Acts directed to be collected and paid, and where payable by the Committee shall be paid out of the Monies to be raised and levied 30 under the Provisions of this Act.

masters not

XXXVIII. Provided always, and be it enacted, That where the Salaries of Schoolmaster of any Parish who shall not have obtained a Certificate Schoolof Competency from the Government Inspector or the Board shall be having Cer in the Receipt of a Salary below the maximum Salary under the said tificate of Competency, 35 second-recited Act, or where more than One School has been main- or where tained in any Parish under the said Act, the Salary of the School- there are masters or Schoolmaster of such Parish shall be fixed at such Amount One, to be and apportioned in such Manner as shall be equitably settled by the settled by Heritors, with the Approbation of the Board.

40

more than

Heritors and
Board.

XXXIX. And be it enacted, That the Schools falling under the Schools Provisions of the said recited Acts or any of them, and of this Act, subject to Inspection of 296.

shall