of any dwelling-house and garden to which he may be entitled as such schoolmaster, as the same shall be valued by the assessor for the county.

20 & 21 Vict. c. 59. repealed.

21. The whole provisions of an Act passed in the twentieth and twentyfirst years of the reign of Her present Majesty, chapter fifty-nine, intituled An Act concerning the Parochial Schoolmasters in Scotland, shall be and are hereby repealed.

Schoolmasters in Royal Burghs not to be required to sign Confession of Faith or Formula of Church of Scotland.

22. From and after the passing of this Act, it shall not be necessary for any person elected to be a schoolmaster of any burgh school to profess or subscribe the Confession of Faith, or the formula of the Church of Scotland, or to profess that he will submit himself to the government and discipline thereof, nor shall any such schoolmaster be subject to the trial, judgment, or censure of the presbytery of the bounds for his sufficiency, qualifications, or deportment in his office, any statute to the contrary notwithstanding; and this enactment shall be a sufficient defence in answer to any proceedings against any schoolmaster of any burgh school in respect that he has not made such profession or subscription.

Not to affect Provisions relating to Parochial Schools, &c.

23. Nothing herein contained shall repeal, alter, or affect the provisions of the recited Act, or of any other Act relating to parochial schools or schoolmasters in Scotland, excepting in so far only as shall be necessary to give effect to the provisions of this Act.

Short Title.

24. This Act may be quoted in all proceedings as "The Parochial and Burgh Schoolmasters (Scotland) Act, 1861.”

SCHEDULE (A.)

DIVISION OF SCOTLAND INTO FOUR DISTRICTS IN CONNEXION WITH THE FOUR UNIVERSITIES.

IX.

RULES AND DIRECTIONS FOR THE FIRST ELECTION OF SCHOOL BOARDS IN PARISHES NOT BEING BURGHAL PARISHES, AND IN SCHOOL DISTRICTS.

For the interpretation of the rules for elections in parishes and districts, cf. the cases :

Armour v. Miller (timeous reception of a nomination paper), p. 251.
Peter M'Gilvray (error as to notice), p. 252.

Fordoun Case (withdrawal of Candidate), p. 252.
Edderton Case
Edinburgh Case-Opinion of Counsel, p. 253.

P. 253.

In accordance with the provisions of "The Education (Scotland) Act, 1872" [35 & 36 Victoria, cap. 62, passed 6th August], which requires that "within twelve months after the passing of this Act, a school board shall be elected in and for each and every parish" in Scotland, the following rules and directions are hereby prescribed for the conduct of the first election of the school boards:

Time for Election of School Board.

1. In each parish, the time fixed for the first election of a school board, shall be not less than twenty-one days after the meeting held by the heritors and minister for the appointment of a returning officer, and for fixing the time and place of such election.

Publication of Time and Place of Election, and of Person to be
Returning Officer.

2. Publication of the time and place fixed for the election, and of the person appointed to be returning officer, shall be made by notices affixed to the doors of the parish church, and of all the other places of worship, and of all public or State-aided schools within the parish.

Polling Places.

3. In a parish where the extent or other circumstances render it necessary, the returning officer shall appoint a sufficient number of polling places situated conveniently for the voters, and shall prepare a list of the voters who are to vote at each polling place. No publichouse shall be used for a polling place or for the purposes of an election.

1 The English rules corresponding to this are as follows: The returning officer shall determine the number and situation of the polling places, and for the purposes of this election may cause the parish to be divided into polling districts. The said officer shall cause the boundaries of such districts, and the number and situation of the polling places, to be published not less than three clear days before the day fixed for the election.

If the parish is divided into polling districts, each voter shall give his vote in the polling district in which the property in respect of which he is entitled to vote is situate; and if it is situate in more than one polling district, he shall vote in any one of the polling districts in which it is situate.

Notice by Returning Officer.

4. Fourteen days before the day fixed for the election, the returning officer shall cause notices to be affixed to the doors of the parish church, and of all the other places of worship and of all public or State-aided schools within the parish, specifying the day, hour, and place or places for polling; and when there is more than one polling place, the districts for which each polling place is assigned; and the number of members to be elected to the school board.

Nomination of Candidates.

5. Not less than ten days prior to the day of election, any two electors of the parish1 may nominate as a candidate any person of full age, by sending to the returning officer, or delivering at his place of residence, a nomination paper, subscribed by said two electors, and stating the Christian name and surname, with the place of abode and designation, of each subscriber, and of the candidate nominated. And the returning officer, on receipt of the same, shall forthwith send notice of his nomination to each candidate.

Time for Nomination.

6. No nomination paper shall be received after four o'clock in the afternoon of the tenth day before the day of election, and no person shall be a candidate unless he has been nominated within the time and in the manner aforesaid.

Validity of Nominations.

The returning officer shall have power to decide whether any nomination is valid, and his decision shall be final.

Notice of Names, &c. of Candidates.

7. Seven clear days before the day fixed for the election, the returning officer shall give public notice of the names, designations, and places of abode of the several candidates nominated as aforesaid, and not withdrawn, by affixing a list of the same to the doors of the parish church, and of all the other places of worship and of all public or State-aided schools within the parish, and in such other manner as he may deem necessary to ensure publicity.

Procedure where Number of Candidates accords with Number of
Members to be Elected.

S. If the number of candidates nominated and not withdrawn shall equal but not exceed the number of members to be elected, it shall be notified by the returning officer, in publishing the names of the candi

1 The same persons are not precluded from nominating more than one candidate. 2 Eight days are allowed in English parishes. Candidates may be withdrawn six days before election.

dates so nominated, that as the number of candidates accords with the number of members to be elected, there will be no poll, and that on the day of election these candidates will be held to be duly elected.

Procedure when due Number of Candidates not Nominated.

9. If the due number of candidates has not been nominated, the returning officer shall report to the Board of Education that no election has taken place.

Procedure when Number of Candidates exceeds Number of Members to be Elected.

10. If, seven clear days before the day fixed for the day of election, the number of candidates nominated and not withdrawn shall exceed the number of members to be elected, the returning officer shall forthwith proceed to make arrangements for a poll by ballot in the manner prescribed in Schedule A.; and on the day of election, the returning officer, or such person or persons as may be appointed by him for this purpose, shall proceed to take and collect, by ballot, the votes of the electors in the manner prescribed in said schedule.

Hours of Polling.

11. The poll shall open not later than twelve o'clock noon on the day appointed, and shall not remain open for a longer period than six hours.'

Method of counting Votes.

12. If the votes have been taken at more than one polling place, they shall be counted, not separately, but for the parish as a whole.

Notice of Members elected; Return sent to Board.

13. Within three clear days after the day of election, the returning officer shall affix to the doors of the parish church, and of all the other places of worship, and of all public or State-aided schools within the parish, a list of those persons as members of the school board who have been returned without a poll; or those who in case of a contest have had a majority of votes; and shall make a return of the names of said members to the Board of Education.

Preliminary Procedure in case of United Parishes.

14. When for the purposes of "The Education (Scotland) Act, 1872," the Board of Education shall have united two parishes, the returning

1 The corresponding rule in the English rules is: "The poll shall commence at such an hour not earlier than 8 A. M., and close at such an hour not later than 8 P. M., as shall be fixed by the returning officer; but the poll shall not be open for more than seven honrs."

In England the returning officer is bound to keep the voting papers for six

months.

officer shall be appointed, and the time and place for the election of a school board shall be fixed at a joint meeting of the heritors and ministers of these two parishes.

Preliminary Procedure in case of quoad sacra parishes.

15. When two or more parishes, or parts of parishes, are now united and formed into a parish quoad sacra, the heritors who are proprietors of lands within said parish to the extent of at least one hundred pounds Scots of valued rent, appearing in the Land Tax books of the county or counties within which such parish is situated, along with the minister of such quoad sacra parish, shall meet as soon as conveniently may be, and fix a time and place for the election of a school board, and appoint a fit and proper person to be returning officer at the election.

Preliminary Procedure in case of School Districts.

16. When the school boards of two or more adjoining parishes shall deem it expedient to separate and detach certain portions of these parishes from the parishes to which they respectively belong, and to unite them together and form them into a school district, the Sheriff of the county, when he intimates his consent and approbation to such arrangement, shall fix a time and place for the election of a school board for such school district, and shall appoint a fit and proper person to be the returning officer at the election, which in all other respects shall take place according to the foregoing rules.

By order of the Board of Education for Scotland.

JAMES TAYLOR, Secretary.

SCHEDULE A.

For the interpretation of rules for taking votes by ballot, cf. the

The following cases decided under the Ballot Act are also import