parish; the salary and accommodations being always equal in value to those provided by this act, and the same remedy being allowed in case they are otherwise, and to be applied for in the manner already specially pointed out; and provided any additions shall be granted, the same shall be paid in the same proportions by the parties from whom the present salary is received. schoolmas cases of va XIV. And be it enacted, that, from and after the passing of this Election of act, in case of vacancy in the office of schoolmaster, by death or ters by heriotherwise, the minister of the parish shall within fifteen days, inti- tors, &c. in mate or cause to be intimated from the pulpit, immediately after cancies: divine service in the forenoon, the vacancy which has taken place, and communicate the knowledge of the same by letter to such heritor or heritors as may be non-resident; and the heritors possessed of the qualification required by this act, with the minister of the parish, are hereby appointed to hold a meeting, of which intimation shall be given by the minister, by edictal citation and circular letters to such as are non-resident, at least thirty free days before it takes place; and such meeting or adjourned meeting shall elect a person to the vacant office of schoolmaster; and in the event of the parish being vacant, the presbytery shall appoint some one of their number to make the intimations and give the notices which, according to the provisions of this act, the minister is required to do. or on failure, appoint. XV. Provided always, and be it enacted, that if the heritors qua- the commislified as is hereby required, and minister, shall fail to elect a school- sioners of master within four calendar months from the time the vacancy shall supply shall have taken place, then the presbytery within the bounds of which the parish is situated, shall apply to the convener of the commissioners of supply of the county or stewartry, who, or any five of them, at a meeting to be called by the convener upon thirty days' notice, shall have power, jure devoluto, and are hereby directed to elect a person to supply the vacancy. masters shall by the pres XVI. And be it further enacted, that every schoolmaster elected All schoolunder the provisions of this act, shall carry the minutes, or an extract be examined or certified copy of the minutes of his election to the presbytery, and approved accompanied with attestations of his having taken the oath to his bytery. majesty before any one of his majesty's justices of the peace; and the presbytery shall thereupon take trial of his sufficiency for the office, in respect of morality and religion, and of such branches of literature as by the majority of heritors and minister shall be deemed most necessary and important for the parish, by examination of the presentee, by certificates and recommendations in his favor, by their own personal inquiry or otherwise, and shall see him sign the confession of faith and formula of the church of Scotland; and their judgment or determination as to the qualifications of such presentee for the office of schoolmaster shall not be reviewed or suspended by any court, civil or ecclesiastical; and provided they are satisfied with the same, he shall be furnished with an extract from their minutes, bearing that he had appeared, produced the attestations required, and had been found on trial duly qualified for discharging the duties of the office to which he had been elected, which extract shall complete his right to the emoluments provided by this act. If found un qualified, XVII. Provided always, and be it enacted, that in case the time for re- person elected is not found duly qualified, the heritors and minister shall only be allowed what remained of the four months, at the time of his election, with so many days more as required by this act. election. Heritors and minister shall fix the XVIII. And be it further enacted, that the heritors qualified as is hereby required, and minister, in a meeting called on thirty days school fees. notification from the pulpit, and by letter from the minister to the non-resident heritors, and by notice to be left at the mansion house of each heritor, whether resident or not, shall have the power of fixing the school fees from time to time as they shall judge expedient; and a table of such fees, signed by the preses of the meeting, shall be hung up in the school room: provided always, that the schoolmaster shall be obliged to teach such poor children of the parish as shall be recommended by the heritors and minister at any parochial meeting. Superintendence of XIX. And be it enacted, that the superintendence of schools shall schools con- continue with the ministers of the established church as heretofore, according to the several acts of parliament respecting the same, ministers. except in so far as altered by this present act. tinued to shall regu Presbyteries XX. And be it enacted, that as often as presbyteries in the late hours of course of their visitation, shall find any thing wrong with respect teaching, va- to the hours of teaching, or the length of the vacation annually cations, &c. given, or when any complaint shall be made to them upon those Presbytery shall take and punish schoolmas ters. subjects by parties concerned, they shall have the power of regu lating the same in the manner they may judge most consistent with the particular circumstances and general good of the parish; and the schoolmaster is hereby required to conform to and obey all regulations so made by the presbytery, under pain of censure or suspension from or deprivation of his office, as to the presbytery shall seem proper. XXI. And be it enacted, that when any complaint from the heri cognizance of tors, minister, or elders, against the schoolmaster, charging him with or deprive neglect of duty, either from engaging in other occupations or from any other cause, or with immoral conduct, or cruel and improper treatment of the scholars under his charge, shall be presented to the presbytery, they shall forthwith take cognizance of the same, serve him with a libel if the articles alleged appear to them to be of a nature which requires it, and having taken the necessary proof, they shall acquit or pass sentence of censure, suspension, or deprivation, as shall appear to them proper upon the result of such investigation; which judgment shall be final, without appeal to or review by any court, civil or ecclesiastical; and in case they shall depose the incumbent from the office of schoolmaster, his right to the emoluments and accommodations of the same shall cease from the time of his deposition; and in case he shall fail or refuse to remove from the school, school house, and garden, within the space of three months from the date of such sentence or deposition, the sheriff of the shire, or stewart of the stewartry, upon having an extract or certified copy of the sentence of deposition by the presbytery laid before him, shall forthwith grant letters of ejection against such schoolmaster, of which no bill of suspension or advocation, nor action of reduction shall be competent: and in case of such deposition the school shall immediately be declared vacant, and the election of another schoolmaster shall take place. XXII. Provided always, and be it enacted, that it shall not be Qualification lawful for any heritor who is not a proprietor of lands within the of heritors. parish, to the extent of at least one hundred pounds Scots of valued rent appearing in the land-tax books of the county within which such parish is situated, to attend or vote at any meeting held pursuant to this act; but every heritor qualified as above may vote by proxy, or by letter under his hand. confirmed. XXIII. Provided also, and be it enacted, that all former acts and Former acts statutes with regard to parish schools or schoolmasters are hereby ratified and confirmed, in so far as they are not altered by the express provisions of this act. 8 & 9 VICTORIA, CAP. 40.-An act for amending an act for making provision for parish schoolmasters in Scotland.-Whereas an act was passed in the forty-third year of the reign of his majesty king George 43 G.3, c. 54. the third, intituled an act for making better provision for the parochial schoolmasters, and for making further regulations for the better government of the parish schools in Scotland: and whereas by the said act it is provided, that if the heritors, qualified as thereby required, and minister, shall fail to elect a schoolmaster within four calendar months from the time the vacancy shall have taken place, then the presbytery within the bounds of which the parish is situated shall apply to the convener of the commissioners of supply of the county or stewartry, who, or any five of them, at a meeting, to be called by the convener upon thirty days' notice, shall have power jure devoluto, and are hereby directed, to elect a person to supply the vacancy: and whereas in various cases of vacancies the presbyteries have failed to apply to the convener of the commissioners of supply, so as to enable him to call such meeting for the exercise by the commissioners of supply of the jus devolutum so conferred upon them, and great inconvenience and injury have been experienced by parishes, in consequence of schoolmasters not having been elected to supply such vacancies: be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that failing such On failure of election as aforesaid, and such application by the presbytery to the schoolmasconvener of the commissioners of supply, then, within twenty-one days after the expiration of the four months after which the presby- to convener, tery is so required to apply to the convener of the commissioners of sioners of supply, it shall be lawful for any heritor of the parish to make supply to intimation of the vacancy, whether now existing or that may hereafter occur, by letter to the convener of the commissioners of supply of the county or stewartry within which the parish is situated, requiring him to call a meeting of such commissioners upon thirty days' notice; and the commissioners of supply, or any five of them, assembled at such meeting or any adjourned meeting, shall have power, jure devoluto, to take the matter of such vacancy into consideration, and unless good cause be shown to the contrary, to proceed forthwith to the election of a schoolmaster, according to the intent election of ter, and of application the commis appoint. and meaning of the said recited act, and such election shall be good and valid to all intents and purposes. SPACE LEFT, FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1845. PARISH VESTRIES. 15 CHARLES 2, CAP. 5.—An act for the regulating select vestries.— For prevention of the evils which may arise from vestrymen not conforming to the government and discipline of the church of England, as it is now by law established, tryman of month after II. Be it enacted by the king's most excellent majesty, by the Every vesadvice, and with the consent of the lords spiritual and temporal, select vestry and of the commons in this present parliament assembled, that all within one and every person who now is a vestryman, or member of any vestry, election, within any parish in the cities of London and Westminster, borough of Southwark, and weekly bills of mortality, and in all other cities, boroughs and towns corporate where select vestries are used, in the kingdom of England, on or before the nine and twentieth day of September next; and all and every person, who at any time hereafter shall be elected to be a vestryman, or member of any vestry, within any parish in any the places aforesaid, within one month after such his election; shall before the respective archbishop, bishop shall sign the or ordinary, vicar general or chancellor of the diocese, make and 13 & 14 Car. subscribe the declaration and acknowledgment enjoined in the late 2. c.4, before wholesome good act, (intituled an act for the uniformity of public &c. prayers, and administration of sacraments, and other rights and ceremonies, and for establishing the form of making, ordaining, and consecrating bishops, priests and deacons in the church of England), in these words following, III. 4. B. do declare, that it is not lawful, upon any pretence whatsoever, to take arms against the king; and that I abhor that traitorous position of taking arms by his authority against his person, or against those that are commissioned by him; and that I will conform to the liturgy of the church of England, as it is now by law established; and I do declare, that I do hold there lies no obligation upon me, or any other person, from the oath, commonly called, the solemn league and covenant, to endeavour any change or alteration of government either in church or state; and that the same was in itself an unlawful oath, and imposed upon the subjects of this realm against the known laws and liberties of this kingdom. declaration, the bishop, facto depriv IV. And that all and every such person who shall neglect or upon pain of refuse to do the same within the respective times aforesaid, shall be po ipso facto, be deprived of such his place of vestryman, and of being ed, a member of such vestry, to all intents and purposes, and such place shall be actually void, as if such person were naturally dead; any usage or custom to the contrary notwithstanding: and that from and a new and after such neglect or refusal, it shall be lawful for all persons made. who shall have right of election or nomination of such vestrymen, or members of such vestry, to proceed to election or nomination of some other discreet person of the respective parish, in the room of such person so neglecting or refusing as aforesaid: and if such election |