exempt. So are lands in the occupation of the Crown, or of persons using them exclusively for its service; but universities are not exempt on this ground, or on that of being of no annual value. (University of Edinburgh, 1868, 6 M. H. L. 97.)

1987. 1st, It shall be lawful for such board to resolve that one-half of such assessment shall be imposed upon the owners, and the other half upon the tenants or occupants of all lands and heritages within the parish or combination, rateably according to the annual value of such lands or heritages; or 2nd, to resolve that one-half of such assessment shall be imposed upon the owners of all lands and heritages within the parish or combination, according to the annual value of such lands and heritages, and the other half upon the whole inhabitants, according to their means and substance, other than lands and heritages situated in Great Britain and Ireland; or 3rd, to resolve that such assessments shall be imposed as an equal percentage upon the annual value of all lands and heritages within the parish or combination, and upon the estimated annual income of the whole inhabitants from means and substance other than lands and heritages situated in Great Britain or Ireland.

1988. The subsequent statute, 24 and 25 Vict. c. 37, repeals sec. 34 of the statute here referred to (8 and 9 Vict. c. 83), so far as it allows part of the poor's assessment to be levied on means and substance, leaving practically the method first prescribed as the only legal mode of assessment. It has since been decided that the assessment so imposed falls to be laid, one-half upon owners as a class, and the other half on occupants as a class. (Galloway, 1875, 2 R. 650.) Where such mode was in use, parochial boards are to meet within two months after the passing of the Act (July 22, 1861), and assess under the first mode of assessment in said 34th section.

1989. In addition to the modes thus offered to the option of parishes, it is provided that the assessment may continue to

be imposed according to any local Act or established usage, if approved by the Board of Supervision. (Sec. 35.)

1990. Superintendents.-By the Poor Law Amendment Act of 1856 (19 and 20 Vict. c. 117), the Board of Supervision is empowered to appoint two general superintendents to assist in the execution of the former Act; and such appointments have been made, and are now in operation.

CHAPTER XVI.

OF THE EDUCATION OF THE PEOPLE.

1991. The provisions in regard to the education of the people in Scotland are contained in 35 and 36 Vict. c. 62, and 41 and 42 Vict. c. 78, the latter of which enacts that the two shall be read as one Act, and cited together as the "Education (Scotland) Acts, 1872 and 1878," the former being referred to as "the principal Act." The former statute proceeds on a preamble of the desirability of extending the means of education to the children of the whole people; and of leaving the choice of religious instruction to the parents, but without excluding it peremptorily from schools. Their provisions are summarized in the following sections:

1992. Board of Education.-To assist the Scottish Education Department in the institution and organization of the new system a Board of Education for Scotland was established, whose tenure of office came to an end in August 1878, its functions as to election of school boards being now performed by the Education Department.

1993. School Districts. The country is partitioned into school districts, which are either parochial or burghal, and whose limits and the conditions of whose constitution are prescribed by the Act, all decisions pronounced by the Board.

in connection therewith being final, and not subject to review by the Court of Session except on allegation that it has exceeded its powers or neglected its duties. (Lochgilphead School Board, 1877, 4 R. 389; Renfrew Burgh School Board, 1877, 5 ib. 142.)

1994. School Boards.-For each of these districts a school board was ordered to be elected within twelve months, in accordance with the provisions of the Act. The number of members of each particular board is determined by the Education Department. They are not less than five or more than fifteen. The electors are all persons of lawful age, not legally incapacitated, entered on the last valuation roll of the district, made up not less than one month previously, as owners or occupiers of lands or heritages of the annual value of four pounds. Each voter has votes equal to the number of members to be elected, which he may distribute as he pleases. (Secs. 9-11.)

1995. The time which school boards remain in office is fixed by the Education Department with regard to the circumstances and convenience of each locality, so that an election may take place in each district as nearly as may be every three years, and not oftener. The time for elections is appointed by the Department by general order; and the retiring school board, at a convenient time before, are to take such steps as they may consider necessary, or as may be directed by the Department, for the next election. Should any election fail to take place as directed, the Department may order an election, or continue the existing school board in office, or nominate a fresh one, which shall have the same tenure of office, powers, and duties as one duly elected under the Act. A member of a school board may resign office on giving a month's written notice. Vacancies are to be filled up by the nomination of the board, the nominees going out of office at the same date as the board. Where the board fail for eight weeks to fill up a vacancy the right devolves

on the Education Department, who may either nominate or order the election of a person to fill it up. A member absent from six successive meetings, except from illness or other cause approved by the board, ceases to be a member. (Sec. 13, and 41 and 42 Vict. c. 78, secs. 15 and 16.)

1996. The candidates having the majority of votes are elected, and in case of equality the returning officer decides. Questions as to the election of candidates are to be determined summarily by the Sheriff on the petition of any one having a legal interest, and his determination is final. (Sec. 14.) In the case of an invalid election, leaving the board with less than its full number of members, the board itself, if a quorum-threehave been duly elected, fill up the vacancies. If a quorum does not exist, or if the vacancies are not filled up within three weeks, the Education Department may order a new election of as many as are required to complete the number. If, after a valid election, by death, resignation, or disqualification of members, there ceases to be a quorum, the Department may either nominate or order the election of the required number. (Sec. 15, and 41 and 42 Vict. c. 78, sec. 17.)

1997. Powers are given to the Education Department to adapt the provisions of the Act to the changing requirements of particular localities. It may, any time after three years from the passing of the Act, order the election of school boards for burghs which have not previously had any, and fix the limits of the school district so formed, which then becomes a burgh in terms of the Act. Or it may, after the lapse of the same time, discontinue a school board in any burgh or town, the burghal school district in this case becoming for educational purposes incorporated in the parochial one in which it is situated. Such orders are if possible to be framed to come into operation at the next school board election. (Secs. 18, 19.)

1998. Constitution of School Boards.-Each school board at its first meeting appoints a chairman for the period of its tenure

of office, who has a deliberative and a casting vote. Three members form a quorum. School boards are bodies corporate with perpetual succession and power to acquire and hold land for the purposes of the Act. They may appoint and remove managers (who may be selected from their own number), being not less than three, for the management of schools under their charge, and to whom they may delegate all their powers except that of raising money. (Secs. 21, 22.) No person holding an office of profit under a school board is eligible or capable of acting as a member or manager. (41 and 42 Vict. c. 78, sec. 21.)

1999. All parish or burgh schools existing at the passing of the Act, and all which may subsequently be supplied, are declared public schools, and are vested in the school boards of the districts in which they are situated, the board coming in the place of, and succeeding to the functions of, the former managers, whether minister and heritors, or town council and magistrates, or other authorities. The visitational powers of presbyteries are abolished; and it has been held not to be clear on the face of the statute that these powers have passed to the school board. (Kelso School Board, 1874, 2 R. 228.) Every school under a parochial school board is a parish school, and every school under a burghal school board is a burgh school. (Secs. 23-25.) Sec. 23, dealing with parish schools, vests teachers' houses and land attached in the school board, while sec. 24, dealing with burgh schools, mentions only "schools." Under the latter section it has been held that the word school includes schoolmaster's house when under the same roof, and that a school board depriving a master under section 60 (infra, § 2007) is entitled to summary warrant of removal. (Whyte, 1874, 1 R. 1124.)

2000. Duties of School Boards. It is the duty of school boards from time to time to ascertain the educational requirements of their districts, and the extent and quality of the