CHAPTER I. CONDITIONS OF PARTICIPATION DEPENDENT ON THE STATUTORY CHARACTER OF THE CLAIMANTS. Terms of Schoolmasters' Act-Claims from Teachers in Royal Burghs -in Side Schools-in Parliamentary Districts-Conditions of admission of Additional Schools, and number admitted-Allowance partly dependent on Amount of Salary-Increase of Salaries -Implement of Heritors' Obligations. In a general review of the proceedings of the Trustees of Mr. Dick's Bequest, it is necessary to have a direct and constant regard to the constitution of the Parochial Schools, the conditions of their endowment, their place in the parochial economy, and their relation to the Established Church. It may be useful, therefore, to state shortly, in the outset, the precise terms and conditions of the statutory institution. The Act of 1803, (53 Geo. III. cap. 54,) is founded upon the Scottish statute of 1696, by which it was directed that a School should be established in every parish. The election of the Schoolmaster is conferred, by the first mentioned statute,* as it had been by the former Act, upon * § 14. the Heritors and Minister of the parish-the privilege of voting in this matter being restricted to such Heritors as are possessed of lands valued at £100 Scots yearly ;* a valuation which, while its proportion to the worth of the lands now is extremely various, may be estimated, on an average, at about £200 sterling of present real rent per annum. Should the Heritors and Minister fail to supply the vacancy within four months, the election devolves upon the Commissioners of Supply of the County or Stewartry.† When a Schoolmaster has been elected, he is required to carry the minutes of his election to the Presbytery of the bounds, and to produce also evidence of his having taken the oath of allegiance before a Justice of the Peace. Upon production of these, the Presbytery is appointed to take trial of the presentee's qualification for the office, and to see him sign the Confession of Faith and Formula of the Church of Scotland. The Presbytery's judgment cannot be reviewed by any Court, Civil or Ecclesiastical; and if it is favourable, the presentee receives a certificate, which completes his right to the emoluments provided by the Act. The emoluments to which the Schoolmaster thus obtains a statutory right, are the following, viz.: 1. An Annual Salary.-By the Act 1696, the * § 22. + $15. $ 16. salary provided was not less than 100 merks Scots, (£5, 11s. 1d. sterling,) nor above 200 merks, (£11, 2s. 2 d.) The Act 1803, upon the ground, that this, "by difference in the value of money, and change in the circumstances of the country, has become a provision altogether inadequate for a body of men whose labours are of so great public utility, enlarged the salary so as not, in ordinary cases, to be less than 300 merks, (£16, 13s. 4d.,) or more than 400 merks, (£22, 4s. 5d.,) the exact amount between those limits being left to the judgment of the Heritors. This arrangement, it was enacted, should continue for twenty-five years, after which, and at the expiration of each subsequent period of twenty-five years, there is provision made† for a new adjustment of the salaries, the minimum rate being the value of one chalder and a half, and the maximum two chalders, of oatmeal, estimated by taking the average prices in all the counties of Scotland during the preceding twenty-five years. The amount of salary fixed in this way for the period from 1828 until 1853, ranges from a minimum rate of £25, 13s. 4d., to a maximum of £34, 4s. 4d. 2. A commodious house for a School. 3. A dwelling-house, "not consisting of more than two apartments, including the kitchen." 4. An enclosed garden of at least a quarter of a Scots acre,-(a Scots acre is about a fifthpart larger than an imperial acre). Where a * § 1. + § 3, 4, 5, 6. $8. garden cannot be granted without great loss and inconvenience, the Heritors may, in lieu thereof, add to the salary the value of two bolls of meal. Such value under the ascertained average price for the current twenty-five years, amounts to £2, 2s. 9d. The salary and accommodations now mentioned are those prescribed by the Act in ordinary cases. But the statute has granted special powers* in the case of parishes, either subdivided by the sea, or of great extent and population. These powers will be explained in the section of this Chapter which relates to "Additional Schools." 5. The last portion of the Schoolmaster's emoluments consists of School fees, which are to be fixed by the Heritors and Minister. The superintendence of Schools is continued with the Ministers of the Established Church. Presbyteries are empowered to regulate the || hours of teaching, and the length of the annual vacation, and their regulations on these points the Schoolmaster is required to observe, under pain of censure, suspension, or deprivation. Upon any complaint being presented by the Heritors, Minister, or Elders, charging the Schoolmaster with neglect of duty, immoral conduct, or cruel and improper treatment of the Scholars, the Presbytery is required to take cognisance of such complaint, to libel the Schoolmaster, if they think it requisite, and, after proof, to acquit or censure, * § 11. +$18. $19. || $ 20. T$ 21. suspend or deprive, as they shall think proper. This judgment is final, and followed by civil consequences. Such are the statutory requirements of the law of Scotland for the institution of Parochial Schools, which limit consequently the number, as well as determine the description of parties entitled to claim the benefit of Mr. Dick's Bequest, the persons contemplated by Mr. Dick being expressly "the country Parochial Schoolmasters, by law established, in the three Counties of Aberdeen, Banff, and Moray." In most instances there could be no difficulty in determining whether parties, claiming the Bequest, possessed the character and qualifications required by the statute. Applications for admission have, however, been made, since the Trustees entered upon office, by three different classes of Schoolmasters, whose claims were attended with doubt. 1. Teachers of Schools in Royal Burghs. Mr. Dick's settlement declared the objects of his Bequest to be "exclusive of the Royal Burghs.' There were, notwithstanding, claims presented by the Teachers of six Schools situate in Royal Burghs, and the Trustees, having submitted a statement of their respective circumstances to counsel, were advised that they were entitled to admit the Schoolmasters of Cullen, Kintore, |