until he shall have resigned the same, or have been so suspended or removed as aforesaid, without any annual or other re-appointment or re-election thereto.

ments of

clergy under

incumbents

they are now

IV. Provided also, and be it enacted, that no rector or other Appointincumbent of any district, parish, or place wherein any such person assistant or persons shall be so employed as aforesaid, or wherein any lecturer this act not or preacher shall have been required to undertake and perform other to exempt clerical and ministerial duties, in the manner herein before provided, from the or wherein any person in holy orders shall have been appointed or duty of providing elected to fill the office of church clerk, chapel clerk, or parish clerk, curates in as aforesaid, shall, by reason of any such provisions be exempt from cases where any duty or obligation of employing within the same district, parish, liable. or place any curate or other assistant to which by any law, statute, canon, or usage he is or may be already liable; but it shall be lawful for the bishop of the diocese from time to time to require every such rector or other incumbent to provide, or for the said bishop to nominate and license, such other curates and assistants to officiate within every such district, parish, or place, in addition, either to the person or persons so intended to be employed as aforesaid, or to such lecturer or preacher, or to such church clerk, chapel clerk, or parish clerk, and to make regulations for the payment of the stipends of such other curates and assistants, as fully and in the same manner and subject to the same restrictions as he might have done by law if this act had not been passed.

pend or re

holy orders

V. And be it enacted, that if at any time it shall appear, upon Powerto suscomplaint or otherwise, to any archdeacon or other ordinary, that move church any person not in holy orders, holding or exercising the office of clerks not in church clerk, chapel clerk, or parish clerk in any district, parish, or who may be place within and subject to his jurisdiction, has been guilty of any feet or misbeguilty of neg wilful neglect of or misbehaviour in his said office, or that by reason haviour. of any misconduct he is an unfit and improper person to hold or exercise the same, it shall be lawful for such archdeacon or other ordinary forthwith to summon such church clerk, chapel clerk, or parish clerk to appear before him, and also by writing under his hand, or by such process as is commonly used in any of the courts ecclesiastical for procuring the attendance of witnesses, to call before him all such persons as may be competent to give evidence or information respecting any of the matters imputed to or charged against such church clerk, chapel clerk, or parish clerk as aforesaid; and such archdeacon or other ordinary shall and may, if he see fit, examine upon oath, to be by him administered in that behalf, any of the persons so appearing or attending before him respecting any of the matters aforesaid, and shall and may thereupon summarily hear and determine the truth of the matters so imputed to or charged against such church clerk, chapel clerk, or parish clerk as aforesaid; and if upon such investigation it shall appear to the satisfaction of such archdeacon or other ordinary that the matters so imputed to or charged against such church clerk, chapel clerk, or parish clerk are true, it shall be lawful for the said archdeacon or other ordinary forthwith to suspend or remove such church clerk, chapel clerk, or parish clerk from his said office, and by certificate under his hand and seal directed to the rector or other officiating minister of the

parish, district, or place wherein such church clerk, chapel clerk, or parish clerk held or exercised his said office, to declare the said office vacant, and a copy of such certificate shall thereupon, by such rector or other officiating minister, be affixed to the principal door of the church or chapel in which the said church clerk, chapel clerk, or parish clerk usually exercised his said office; and the person or persons who upon the vacancy of such office are entitled to elect or appoint a person to fill the same shall and may forthwith proceed to elect or appoint some other person to fill the same in the place of the said church clerk, chapel clerk, or parish clerk so removed as aforesaid: provided always, that the exercise of such office by a sufficient deputy who shall duly and faithfully perform the duties thereof, and in all respects well and properly demean himself, shall not be deemed a wilful neglect of his office on the part of such church clerk, chapel clerk, or parish clerk, so as to render him liable, for such cause alone, to be suspended or removed therefrom. VI. And be it enacted, that in case any person, having ceased to ceasing to be be employed in any of the offices or duties in this act mentioned or employed as referred to, or having been duly suspended or removed from any this act from such office or employment as aforesaid, shall at any time refuse or premises held by him neglect to give up the possession of any house, building, land, or in right of his premises, or any part or parcel thereof, by him held or occupied by employment. virtue or in respect of any such office or employment as aforesaid, it

Power to remove person

mentioned in

shall be lawful for the bishop of the diocese, upon complaint thereof to him made, to summon such person forthwith personally to appear before him, and to show cause for such refusal or neglect; and upon the failure of the person so summoned as aforesaid to obey such summons, or, upon his appearance, to show to the said bishop such cause as may be deemed by the said bishop sufficient for such refusal or neglect, the said bishop shall thereupon grant a certificate of the facts aforesaid, under his hand and seal, to the person or persons entitled to the possession of such house, building, land, or premises as aforesaid, who may thereupon go before any neighbouring justice of the peace; and such justice, upon production of such certificate, and proof of such wrongful retention of possession as aforesaid, shall and he is hereby required to issue his warrant under his hand and seal, directed to the constables or other peace officers of the district, parish, or place within which such house, building, land, or premises is or are situate, or to the constables or other peace officers of any neighbouring district, parish, or place, requiring them forthwith to expel and remove from the said house, building, land, or premises, and from every part and parcel thereof, the person so wrongfully retaining possession thereof, and to deliver the peaceable possession thereof to the person or persons so entitled to the same as aforesaid; and such constables or other peace officers shall and they are hereby required promptly and effectually to obey and execute such warrant, according to the exigency thereof, and thereupon it shall be lawful for them also to levy, upon the goods and chattels of the person so by them expelled and removed as aforesaid, the necessary costs and expenses of executing such warrant, the amount whereof, in case the same shall be disputed, shall be forthwith settled and determined by the said justice of the peace by whom the said

warrant was so issued as aforesaid, or by any other justice of the peace residing in or near to the said district, parish, or place, whose decision thereupon shall be final, and who is hereby authorized to make such order in that behalf as to him shall seem reasonable.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.

PARISH SCHOOLS, SCOTLAND.

19 GEORGE 2, CAP. 39, SEC. 21.-An act for the more effectual disarming the highlands in Scotland; and for the more effectually securing the peace of the said highlands; and for restraining the use of the highland dress; and for further indemnifying such persons as have acted in defence of his majesty's person and government, during the unnatural rebellion; and for indemnifying the judges and other officers of the court of justiciary in Scotland, for not performing the northern circuit in May one thousand seven hundred and forty-six; and for obliging the masters and teachers of private schools in Scotland, and chaplains, tutors and governors of children or youth, to take the oaths to his majesty, his heirs and successors, and to register the same.

XXI. Whereas it is of great importance to prevent the rising generation being educated in disaffected or rebellious principles, and although sufficient provision is already made by law for the due regulation of the teachers in the four universities, and in the public schools authorized by law in the royal burghs and country parishes in Scotland, it is further necessary, that all persons who take upon them to officiate as masters or teachers in private schools, in that part of Great Britain called Scotland, should give evidence of their good affection to his majesty's person and government; be it therefore enacted by the authority aforesaid, that from and after the first day of November in the year of our Lord one thousand seven hundred and forty-six, it shall not be lawful for any person in Scotland to keep a private school for teaching English, Latin, Greek or any part of literature, or to officiate as a master or teacher in such school, or any school for literature, other than those in the universities, or established in the respective royal burghs by public authority, or the parochial schools settled according to law, or the schools maintained by the society in Scotland for propagating christian knowledge, or by the general assemblies of the church of Scotland, or committees thereof, upon the bounty granted by his majesty, until the situation and description of such private &c. of private school be first entered and registered in a book, which shall be registered; provided and kept for that purpose by the clerks of the several with a certi- shires, stewartries and burghs in Scotland, together with a certimaster hav- ficate from the proper officer, of every such master and teacher ing qualified having qualified himself, by taking the oaths appointed by law to be His majesty, taken by persons in offices of public trust in Scotland; and every &c. to be such master and teacher of a private school shall be obliged, and is hereby required, as often as prayers shall be said in such school, to pray, or cause to be prayed for, in express words, his majesty, his heirs and successors, by name, and for all the royal family; and if any person shall, from and after the said first day of November, presume to enter upon, or exercise the function or office of a master or teacher of any such private school as shall not have been registered in manner herein directed, or without having first qualified

Situation,

schools to be

ficate of the

prayed for

by name.

to resort to

houses.

himself, and caused the certificate to be registered as above mentioned; or in case he shall neglect to pray for his majesty by name, and all the royal family, or to cause them to be prayed for as herein directed; or in case he shall resort to, or attend divine worship in Masters not any episcopal meeting house not allowed by the law; every person unlicensed so offending in any of the premises, being thereof lawfully convicted meeting before any two or more of the justices of peace, or before any other judge competent of the place summarily, shall, for the first offence, Penalty. suffer imprisonment for the space of six months; and for the second, or any subsequent offence, being thereof lawfully convicted before the court of justiciary, or in any of the circuit courts, shall be adjudged to be transported, and accordingly shall be transported to some of his majesty's plantations in America for life; and in case any person adjudged to be so transported shall return into, or be found in Great Britain, then every such person shall suffer imprisonment for life.

21 GEORGE 2, CAP. 34, SEC. 12.-An act to amend and enforce so much of an act made in the nineteenth year of his majesty's reign, as relates to the more effectual disarming the highlands in Scotland, and restraining the use of the highland dress, and to masters und teachers of private schools and chaplains; and to explain a clause in another act made in the same year, relating to letters of orders of episcopal ministers in Scotland; and to oblige persons allowed to carry arms, and the directors of the banks there, and certain persons belonging to, or practising in the courts of session and justiciary, to take the oaths; and to repeal some clauses in an act made in the first year of the reign of his late majesty king George the first, whereby certain encouragements are given to landlords and tenants in Scotland, who should continue in their duty and loyalty to his said late majesty; and for other purposes therein mentioned.

masters to

XII. Whereas, to evade the execution of the said act, relating to persons keeping or being master or teacher in such private schools, divers persons have kept such schools in the names of others, and Schoolhad or enjoyed the profits thereof to themselves, and have thereby the avoided complying with the qualifications required by the said act: oaths, &c. for remedy thereof, be it enacted by the authority aforesaid, that from and after the said twenty-ninth day of September one thousand seven hundred and forty-eight, every person who shall keep in his own name, or in the name or names of any other person, any private school for teaching English, Latin, Greek, or any part of literature, or any school for literature, other than as in the said act is excepted, or who shall have, receive or be interested in the profits, or any share of the profits of such school, shall be obliged to take the oaths appointed by law to be taken by persons in offices of public trust in Scotland; and to pray, or cause to be prayed for, in express words, Penalty of his majesty, his heirs and successors by name, and for all the royal ing with the family, as often as there shall be prayers in such school, or before or in the hearing of any of the scholars belonging to such school; and if any person shall, from and after the said twenty-ninth day of September, keep any such school in his own name, or in the names of any other person or persons, or have, receive or be interested in the profits, or any share of the profits of such private school, as shall

not comply

recited act.