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Government shall be subject at all Times to the Inspection of the Government Inspectors.

Inspectors of Schools, who shall inquire into the Conduct and Management of the several Schoolmasters thereof and the Condition of the School in all respects; and the Inspectors shall from Time to Time, and at such Times as the Board may direct, report to the 5 Board upon all Matters connected with the School and the Management and Discipline and Condition thereof.


Committee XL. And be it enacted, That it shall not be lawful for the Minister may complain to the and Heritors or for the Committee to interfere with the Method of Board if dis. Instruction and Discipline or the internal Arrangements of the Schools 10 satisfied with the Conduct

which the respective Schoolmasters may adopt, but, in the event of of the School- their being dissatisfied with the Conduct of the Schoolmaster in any

such Particulars, or as to his Competency or continuing Incapacity,
it shall be competent to any Two or more Heritors qualified as afore-
said or any Two or more Members of the Committee, and also to 15
the Government Inspector, to make a Representation thereof to the
Board, and the Board shall thereupon forthwith direct an Investiga-
tion into the Grievance complained of, either through the Government
Inspectors or otherwise, as they shall think fit, and, if any such shall
be found to exist, give Instructions for the Removal or Remedy 20
thereof; and the Decision of the Board in all such Cases shall be final.

Proceedings against School. masters.

XLI. And be it enacted, That in case any Schoolmaster shall be charged with any graver Crime or with Malversation or Breach of Duty, inferring Deprivation of Office and eventually of his Right to the retiring Salary provided by this Act, the Proceedings against 25 such Schoolmaster before the Board shall be in the Name and at the Instance of the Lord Advocate; and it shall in such cases be lawful to appeal from the Determination of the Board to the Sheriff of the County in which the Parish wherein the Question arises lies ; and the Decision of the Sheriff shall be final, and not subject to 30 Review by Suspension, Advocation, or Reduction, or in any other manner of


Retiring XLII. And whereas it is expedient that Provision be made for the
Allowances Retirement from their respective Offices of Schoolmasters appointed
to aged and and acting under the said recited Acts or any of them, or hereafter to 35

be appointed under this Act, who, by reason of old Age or bodily
Infirmity, may be incapable of properly discharging their Duties: Be
it enacted, That if the Minister and Heritors, or the Committee, shall
make Application to the Board, setting forth the Incapacity of the
Schoolmaster of the Parish or District for the Discharge of his Duties, 40
the Board shall, as soon as may be, cause Investigation to be made
into the Truth of such Application; and if the Board shall find the


Matter to be as therein set forth, the Board shall report to that
Effect to the said Commissioners of Her Majesty's Treasury, and it
shall thereupon be lawful for the said Commissioners, out of the

Monies to be voted by Parliament for the Purposes of Education 5 in Scotland, and set apart as aforesaid, to grant such retiring Allow

ances to such incapacitated Schoolmaster as the said Commissioners
shall, in the Circumstances, think fit, but not in any Case exceeding
the Amount of the Salary payable to him, and the annual Value of the

House and Garden to which he was entitled under the said recited 10 Acts or any of them, or this Act, but exclusive always of School

Fees and of the Income or Advantages derived by him from any other
Office which he may have held in combination with the Office of
Schoolmaster, and which retiring Allowance shall be paid half-yearly

to such Schoolmaster during his Life; and upon such retiring Allow15 ance being granted by the said Commissioners such Schoolmaster

shall cease to hold his Office, which shall be declared vacant by the
Board, and an Election of another Schoolmaster to supply the Vacancy
shall be made in manner herein-before provided.

Heritors and

XLIII. And be it enacted, That it shall be lawful for a Majority Power to 20 of the Heritors of any Parish in which a Parish Committee or Committees Committee of united Heritors and Electors shall not have been to increase

Assessments constituted under this Act, assessed and acting under the said

for educa. second-recited Act, and representing not less than One Half of the tional Purvalued Rent of such Parish, and in like Manner for a Majority of


any 25 Committee representing not less than One Half in Value of the

Property assessed in the Parish or District to the Purposes of this
Act, to raise, with the Approbation of the Board, such additional
Funds as shall be necessary for Schools or educational Purposes

within the Parish or District, which additional Funds shall be payable 30 by the Heritors in proportion to their respective valued Rents, and

by the Electors in proportion to the assessed Property or Means of
the Electors respectively, (as the Case may be,) and shall, in the
Case of the Heritors, be levied and collected in the Manner pre-

scribed in relation to the levying and collecting School Salaries 35 under the said recited Acts or any of them, and in the Case of the

Electors, in the Manner directed by this Act, and shall be applied by the Heritors and Committees respectively in such Manner as they shall think most expedient for extending and improving the Means of

Education in the Parish : Provided always, that no such additional 40 Funds shall be so raised without the Approbation of the Board.

XLIV. And be it enacted, That in every Parish in which there is Dimensions

of Schoola School-house established under the said second-recited Act, but

master's where there is no House or no adequate House for the Schoolmaster, House under 296.



the said

cited Act

the Heritors of the Parish shall within Two Years after the passing of this Act provide a House of not less than Three Rooms besides the Kitchen, and with a Garden of the Extent prescribed by the said Act; and the Expense of providing such Dwelling House and Garden and supporting the same shall be defrayed and paid in such 5 and the like Manner as is prescribed for providing a School-house by the said second-recited Act.

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Minister and XLV. And be it enacted, That in any Parish in which a Parish
Heritors to

Committee or a Committee of united Heritors and Electors shall not
have Super-
intendence have been appointed under this Act the Minister and Heritors of such 10
of Parish

Parish shall continue to have such and the like Management and Schools where no

Superintendence of the Schools established and maintained under the Parish Com- said recited Acts or any of them as they had heretofore under the mittee appointed. said Acts, but subject nevertheless to and consistently with the Provisions and Enactments contained in this Act.

15 XLVI. And be it enacted, That nothing herein contained shall be vote by Proxy or

construed to repeal or alter the Power conferred by the said secondLetter under recited Act upon any Heritor, qualified as aforesaid, to vote by Proxy

or by Letter under his Hand.

Heritor may

his Hand.

under this

to Provisions
of Act

XLVII. And be it enacted, That every Schoolmaster to be elected 20

or appointed in virtue of this Act shall be in all respects under Act subject, and subject to the Provisions and entitled to the Benefits of an Act

passed in the Ninth and Tenth Years of the Reign of Her present 9 & 10 Vict. Majesty, intituled “ An Act for better raising and more securely

“ constituting the Fund for the Relief of Widows and Children of 25

Burgh and Parochial Schoolmasters in Scotland,” as if such Schoolmaster appointed in virtue of this Act had been specially described and comprehended therein.

c. 226.

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any Parish

Schoolmas XLVIII. And be it enacted, That it shall not be necessary for

ters not to be
subject to Schoolmaster to be elected or appointed under the said recited Acts 30

or any of them or this Act to the Office of Schoolmaster in
or District in Scotland, at or before his Admission to Office to make
or subscribe any Acknowledgment or Declaration or Test of


Description whatsoever, anything in any Act or Acts of the Parliament of Scotland, or of the Parliament of Great Britain, or other Law or 35 Practice, to the contrary in anywise notwithstanding.

Repeal of
Laws incon-
sistent with
this Act.

XLIX. And be it enacted, That all Laws, Statutes, and Usages now in force respecting Parochial Schools and Schoolmasters in Scotland shall be and the same are hereby repealed, in so far as inconsistent or at variance with the Provisions of this Act : Provided always, 40 that the same shall be in force in all other respects whatsoever.

L. And

L. And be it enacted, That this Act may be amended or Act may be

amended or repealed by any Act to be passed during the present Session of

repealed. Parliament.

SCHEDULES referred to in the foregoing Act.



FORM OF MORTGAGE. By virtue of an Act [insert Title of this Act], we [here name Five Members of the Committee), and a Quorum of the Members of the Committee of the Parish (or District] of [ ], appointed in pursuance of the said Act, in consideration of the Sum of paid to the Clerk of the Committee by A.B. of

for the Purposes of the said Act, do hereby grant and assign unto the said A.B., his Executors, Administrators, and Assignees, such Proportion of the Monies or Rates authorized to be levied and taken under and by virtue of the said Act as the said Sum of

does ar shall bear to the whole Sum which is or shall be borrowed upon the Credit of the said Monies or Rates, to hold to the said A.B., his Executors, Administrators, and Assignees, from this Day until the said Sum of with Interest at

per Centum per Annum for the same, shall be fully paid and satisfied. In witness whereof [insert Testing Clause according to the Law of Scotland].



in consideration of the Sum of paid to me by C.D. of

do hereby transfer to the said C.D., his Executors, Administrators, and Assignees, a certain Mortgage and Assignation in Security made by the Committee of the Parish [or District) of [

] to A.B. of bearing Date the

for securing the Sum of


Interest [or, if such Transfer be by Indorsement, say, the within Security], and all my Right and Interest in and to the Money thereby secured, and in and to the Monies or Rates thereby assigned. In witness whereof [insert Testing Clause according to the Law of Scotland].

Day of

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