Appoint

ment of District Com

mittee.

Heritors and

a Parish may

the Board

chial School

Electors; and the Electors at such Second Meeting shall, by the Votes of a Majority of the Electors present, choose from among the Electors the Number of elected Members so prescribed, who along with such Minister and Heritors shall constitute the Parish Committee of such Parish for promoting the Means of Education therein; and each 5 Elector present shall have One Vote for each elected Member of the Committee.

XII. And be it enacted, That if in any Portion of any extensive or populous Parish, or in contiguous Portions of adjoining Parishes, the Means of Education shall be inadequate, and if it shall appear desi- 10 rable to erect such Portion of a Parish or Portions of Parishes into a District for the Establishment or Maintenance of a School under this Act, it shall be lawful for the Board (if they think it expedient), upon Application from any Two Heritors qualified as aforesaid or Electors of such Parish, to define the Limits of the proposed District, and 15 thereafter to direct a Meeting of Heritors qualified as aforesaid and Electors resident within such Limits to be called in such and the like Manner and for the like Purpose in all respects as is herein-before provided in the Case of Parishes; and if it shall appear to the Majority of the Persons present at such Meeting to be desirable that a Com- 20 mittee be constituted for the Establishment and Management of a School or Schools within the Limits fixed by the Board, a Second Meeting shall be called in such and the like Manner and for the same Purposes as is herein-before prescribed in the Case of Parishes ; and the Heritors qualified as aforesaid in respect of Property within 25 such Limits, together with the Number of elected Members prescribed by the Board, shall be the Committee of such District under this Act; and such elected Members of Committee shall be chosen by the Electors of the District from among their own Number, and shall go out of Office by Rotation in manner prescribed in respect of 30 Parish Committees.

XIII. Provided always, and be it enacted, That it shall be compeElectors of tent for the Heritors of any Parish qualified as aforesaid, by a join in Ap- Resolution of a Majority in Number and Value of such Heritors plication to adopted at a Meeting to be held after such Notice thereof as is 35 for Adoption herein-before directed to be given of the First Meeting of the Heritors of the Paro- and Electors of any Parish, to join with the Electors of the Parish in or Establish- an Application to the Board for the Adoption of the Parochial School ment of new of the Parish, or the Establishment of a School or Schools to come Schools. in place of the Parochial School, which shall in either Case become 40 a School or Schools under this Act; and if the Board shall consider the Object of such Application expedient, the Board may direct such and the like Procedure to be had by such Heritors and Electors jointly as is herein directed to be observed in the Case of an

Application

Application by the Heritors or Electors of a Parish; and the Committee to be formed of such united Heritors and Electors shall consist of the Minister of the Parish and all the Heritors qualified as aforesaid, and of such Number of Members to be chosen from among the 5 Electors in manner before provided, as shall be prescribed by the Board; and such Minister and Heritors shall be permanent Members of the Committee, and the elected Members of Committee shall go out of Office in manner herein-after directed in regard to Members of Committee going out of Office by Rotation.

10

15

elected

XIV. Provided always, and be it enacted, That if the Number of Number of elected Members of any Committee prescribed by the Board shall not Members be equal to the Number of Heritors Members thereof, it shall be equal to lawful for the Electors, if they shall think fit, to elect a Number of Heritors may Members equal to the Number of such Heritors.

Number of

be elected.

Members

XV. And be it enacted, That the Chairman presiding at any Notice to be Meeting for the Election of Members of the Committee shall, within given to Twenty-four Hours after such Meeting, give or cause to be given elected. Notice in Writing of such Election to the several Persons elected, and call upon them severally to declare within Six Days after such 20 Notice whether they accept or decline to accept the Office of Members of the Committee; and if any Person so elected shall not intimate his Acceptance of the said Office within Six Days after the Date of such Notice, he shall be held as having declined to accept, and such Chairman shall immediately appoint a Day for a 25 new Election of a Member of Committee in place of the Person so declining, at the Distance of not less than Ten nor more than Fourteen Days, and shall cause the like Notice of the Day so appointed to be given as is herein-before directed to be given of the First Meeting; and such Elections shall be proceeded with in all respects in the 30 same Manner in which the first Election of Members of Committee is hereby directed to proceed until the prescribed Number of elected Members of Committee shall be completed.

XVI. And be it enacted, That the Members of Committee first elected shall continue in Office until the First Monday of September 35 in the Year following that in which they were so elected; and on the said First Monday of September, and on the First Monday of September in every succeeding Year, One Third of the elected Members of Committee shall go out of Office by Rotation; and the One Third who shall first go out of Office shall consist of the One Third of the 40 elected Members of Committee whose Names stand lowest on a Rotation List of the said first-elected Members of Committee containing their Names in strictly alphabetical Order, made out by the Clerk and signed by the Chairman of the said Second Meeting; and in 296. the

One Third Members of Committee

of elected

to go out by Rotation.

Vacancies to be supplied.

Quorum of

the succeeding Year the One Third who shall go out of Office by
Rotation shall consist of the One Third of the elected Members of
Committee whose Names stand next lowest on the said Rotation
List; and thereafter the One Third annually going out of Office by
Rotation shall consist of the One Third of the elected Members of 5
Committee who have been longest in Office; and if in any Case the
Number of elected Members of Committee does not admit of the
Proportion of One Third going out of Office yearly, then as nearly as
may be One Third shall so go out, and shall be deemed to be One
Third in the Meaning of this Act, the Majority of the Members of 10
Committee always determining, in case of Dispute, who shall be the
Members to go out of Office by Rotation; and it shall be lawful for
the Board, in any Difficulty which may arise in relation to such
Elections, to regulate and decide finally therein as the Board shall
think just: Provided always, that every elected Member of Com- 15
mittee going out of Office by Rotation, or otherwise ceasing to
be a Member, may be re-elected, and after such Re-election he shall
with reference to going out by Rotation be considered as a new
Member.

XVII. And be it enacted, That in case of a Vacancy in any Com- 20 mittee by the Death, Resignation, or permanent Absence or otherwise of any elected Member, the same shall be filled up by the remaining Members of the Committee by Election of a Member from among the Electors of the Parish or District within One Month after the happening of such Vacancy; and every Member so elected shall 25 continue in Office only so long as the Person in whose Place he is elected would have been entitled to continue in Office.

Committee XVIII. And be it enacted, That it shall be lawful for each Commay appoint a Chairman. mittee to appoint a Chairman, who shall preside at all Meetings of the Committee held under this Act at which he shall be present, 30 and in his Absence the Members present at any Meeting shall elect their Preses for the Time; and such Meetings of the Committee shall be held from Time to Time at such stated Periods as shall be fixed Committee. by the Committee, with the Approbation of the Board; and at all such Meetings, unless herein otherwise specially provided, the Majority 35 of the Members present, not being less than Five, shall decide upon all Questions and Matters coming before the Committee; and the Chairman of such Meetings shall, in case of an Equality of Votes of the Members present, besides his deliberative Vote, have a decisive or casting Vote.

Clerk to be appointed.

XIX. And be it enacted, That it shall be lawful for each Committee to appoint a Clerk, and such Clerk shall be removable from his Office by the Committee, and upon the Death, Resignation, or Removal

40

Removal of any Clerk, the Committee shall appoint a Clerk in his Room; and it shall be the Duty of such Clerk to keep regular Books and Minutes of all the Proceedings of the Committee, and Lists of all the Electors entitled to vote in the Election of Members of the Com5 mittee, and also Accounts of all the Monies which may come into his Hands, of which Accounts he shall send true Copies regularly once a Year or oftener to the Board, as and at such Times as the Board shall prescribe; and every such Clerk shall in the Performance of his Duties and in all respects be subject to the Inspection, Direction, and 10 Control of the Committee, and shall find sufficient Security for his Intromissions and Management, to the Satisfaction of the Committee; and it shall be lawful for the Committee to make such Remuneration to the Clerk as may be agreed upon, and also to defray all such reasonable Expenses attending the Execution of this Act as shall, in 15 both Cases, be sanctioned by the Board.

raise the

XX. And be it enacted, That where a Committee shall have Committee not to act been appointed under this Act, such Committee shall have no until they Authority or Power to act under this Act unless and until they have undershall have satisfied the Board that Funds for educational Pur- taken to 20 poses (exclusive of School Fees) will be raised permanently by necessary Assessment or otherwise to such an Amount, over and above the Funds. Schoolmaster's Salary, as the Board shall fix as necessary for defraying all the Expenses of the educational Establishment of the Parish or District, and the Amount so fixed may be reduced by Order of the 25 Board, upon Representation by the Committee, that it is more than adequate to the Necessities of such Parish or District.

XXI. And be it enacted, That it shall be lawful for the Committee Power of in every Parish or District, and they are hereby authorized, with the Schools, &c. building Approbation of the Board, to acquire Lands, and to erect thereupon 30 fit School-houses or additional School-houses, with all requisite Appurtenances and Conveniences for School Purposes, or to acquire Buildings already erected suitable for such Purposes, and to enlarge, alter, and repair such Buildings, and also to acquire Ground sufficient for a Playground for each such School, or, with the Approbation of 35 the Board, to adopt and enlarge or improve the existing Parochial School-house and Appurtenances, where the same shall have been established as a School under this Act in manner aforesaid; and it shall also be lawful for the Committee to provide such Library for each School as may be approved of by the Board, of which 40 the Use shall be regulated by Rules to be framed by them, with the Approbation of the Board, and, with such Approbation, to provide for each School such School Apparatus as the Committee may deem proper; and the Committee shall submit to the Board Plans of all

296.

C

Dwelling
Houses and
Gardens for
School-
masters to

be provided.

all such Lands and Buildings and Playgrounds, together with an
Estimate of the Expense of acquiring such Lands or Buildings, and
of erecting, enlarging, or repairing all such Buildings, and also of the
Expense of acquiring such Libraries and Apparatus; and if the Board
shall approve thereof, and if the Committee shall undertake to the 5
Satisfaction of the Board for the Payment of One Half of such
estimated Expense out of the Monies to be raised and levied under
the Provisions of this Act, or out of Money to be borrowed on the
Security thereof, as herein-after authorized, and also for the future
Maintenance and well and sufficiently keeping up of all such Buildings, 10
with the Libraries and Apparatus to be furnished thereto as afore-
said, then and in such Case it shall be lawful for the Commissioners
of Her Majesty's Treasury to advance and pay the other Half of such
Expenses out of any Monies to be voted by Parliament for Purposes
of Education in Scotland, and set apart as aforesaid; and upon Occa- 15
sion of all such Advances the Board shall cause a careful Inquiry
into the Application of the same to be made, and upon being satisfied
of the due Application thereof, and of the Completion of the Purposes
for which the Advance was made, shall report to the said Commis-
sioners of Her Majesty's Treasury that such Purposes have been 20
executed to the Satisfaction of the Board.

XXII. And be it enacted, That a commodious Dwelling House, where there is none or none adequate existing, shall be provided by the Committee in every Parish and District for every Schoolmaster elected under the Provisions of this Act, consisting of not less than 25 Three Rooms besides the Kitchen, and a Portion of Ground for a Garden to such Dwelling House, from Fields used for the ordinary Purposes of Agriculture or Pasturage, as near and convenient to such Dwelling House as may be, which Garden shall contain at least One Fourth Part of an Imperial Acre, and shall be enclosed with 30 such Fences as are generally used for such Purposes in the District of Country in which the same is situated; and One Half of the estimated Expense of providing such Dwelling House and Garden shall be defrayed by the Committee out of the Monies to be raised and levied under the Provisions of this Act, or out of Money to be 35 borrowed on the Security thereof as herein-after authorized, and the remaining Half of such Expense shall be paid and contributed by the said Commissioners of Her Majesty's Treasury out of any Monies to be voted by Parliament for the Purposes of Education in Scotland, and set apart as aforesaid, or it shall be lawful for the Committee to adopt, 40 along with any existing School to be adopted as hereby authorized, the Schoolmaster's House and Garden, and to enlarge and improve the same: Provided always, that before commencing to build or to enlarge any School-house or Dwelling House the Plans thereof shall

be