In the High Court of Justice, Chancery Division, Mr Justice Romet

 

 

1860. C. 255

 

Filed 16 December 1898

 

Between Richard Campbell, John Scobie and Timothy Richardson (all since deceased) Plaintiffs. And Barbara Beaton (since deceased) and others. Defendants.

 

I William Gunn of Nutwood Cottage, Strathpeffer in the County of Ross and Cromarty, North Britain, Land Agent make Oath and say as follows:

 

1. I am the sole surviving Trustee Brixton in the County of Surrey whose estate is being administered in this claim.

 

1. The above named Plaintiff Timothy Richardson died on the 29th of October 1878 and he is the same person as “Timothy Richardson” named in the Certificate of Death now shown to me and marked H.G.

 

1. I was appointed trustee of the said Will and Codicils together with Hugh McKay Matheson and Sir Robert George Cruickshank Hamilton both since deceased to act jointly with the above named Plaintiff John Scobie by Indenture dated the 27th day of November 1880, which, is now produced and shewn to me and marked H.G. 2

 

1. The said John Scobie died on the 18th day of April 1889 and he is the same person as “John Scobie” named in the Certificate of death now shown to me marked H.G.3

 

1. The said ~~Robert George Crookshank Hamilton named in the Certificate of death now shown to me marked. H.G. 4

 

1. The said Hugh MacKay Matheson died on the 8th February 1898 and he is the same person as “Hugh MacKay Matheson the Elder” named in the Certificate of death now shown to me marked H.G. 5

 

1. The Defendant William Drummond one of the residuary legalese named in the said Testator’s will died on the 2nd of May 1868 in Australia and Letters of Administration with his Will annexed have recently been granted to his Widow Elizabeth Thomasina Drummond.

 

1. The Defendant Margaret Turner another of the said residuary legalese and the tenant for life of the trust legacy of £10,000 bequeathed by the said Testators Will died on the 4th of March 1898 and she is the same person as “Margaret Turner” named in the Certificate of death now shown to me marked H.G. 6

 

1. There is now standing in my name the sun of £5783.1.10. 23/4 per Cent Consolidated  Stock re[resenting the sum of £2,500 annuities authorized by the Decree on Further Consideration of the 7th December 1864 to be retained by the Trustees of the said Testators Will as [art of his residuary estate and the accumulations of the dividends there on since that date.

 

1. I have recently ascertained that there is a sum of £103.8.2 Cash in Court to the Credit of this Action “The Costs Account”  This sum represents the balance of a sum of Cash paid into Court under the said Decree in Further Consideration after [payment of the Costs thereby  directed to be paid there out.  Such balance was not dealt with by the said Decree on further Consideration and it form part of the said Testator’s residuary Estate.

 

1. I have for many years known and am well acquainted with that part of Sutherland which forms the Parish of Durness of which I am a Native and speaking partly from my own knowledge and partly from information which I have recently obtained for the purposes of the present Petition I am able to depose to the following facts.

 

1. The Parish of Durness is the most Northern Parish in Sutherland and Scotland.  It comprises an area of about 300,000 acres for the most part uncultivated the population of the whole Parish is about 1,000.  The principal village in the Parish is called Durine.

 

1. At and prior to the date of the Testator’s Will in 1856 and down to the date of his death in 1860 there were three Schools in the Parish of Durness of which the following are particulars:

 

1. The General Assembly (Church of Scotland School) situated at Durine.  This School was built in or about the year 1844 at the expense of the then Duke of Sutherland on land given by him for that purpose together with ground for a playground and a site for a Teacher’s house which was built in or about the year 1846.  The School was built partly in consequence of the removal of the Crofters from Ceannabein where the Parish School had formerly existed [partly in consequence of the unpopularity of the then Parish School at Durine hereinafter mentioned and partly in consequence of the formation of the Free Church in Scotland and with the view of upholding the position of the Established Church.  In 1860 and for some years previously the Schools was taught by an Alumnus of Kings College, Aberdeen who had received special training as a Teacher in the Established Church Training ? School in Edinburgh and the School was annually examined by a holding his appointment from the Church of Scotland Education Committee.  In the year ending 1st April 1860 there were 105 pupils at this School and Professor Lawry who was the Examiner at that time informs me that it was one of the most efficient Schools in the North of Scotland.  In 1861 on the passing of the Parochial and Burgh Schoolmasters (Scotland) Act 1861 this School became the Parochial School of Durness and its connection with the General Assembly Committee of the Church of Scotland ceased.  In 1874 soon after the passing of The Education (Scotland) Act 1872 this School was transferred to the School Board for the Parish of Durness and it has from that time to the present remained the Board School for Durness (Dourine) Public School.

2. The Free School at Sangomore, adjoins Dourine on the South East and the Free Church School was less than a mile distant from the Dourine School.  The Free Church School was also built in or about the year 1844 immediately after the formation of the Free Church in 1843.  The School was discontinued after the passing of the Education (Scotland) Act 1872.

 

1. The Old Parish School of Dourness.  This School was situated at Dourine and was under the Management of the Minister and Presbytery of the Parish.  At some time prior to the erection of the General Assembly School at Durine above mentioned a difference had arisen between the then Head Master of the Parish School and the Minister resulting in the dismissal of the Head Master by the Presbytery.  The Head Master took civil proceedings before the Court of Sessions and was reasoned to his Office by an Order of that Court.  After the date of this Order only a few children returned to this School and on the opening of the Durine (General Assembly) School and the Free Church School above mentioned it Ceased to be attended.  The Head Master retained his Office until the year 1861 when he retired under the provisions of the Parochial and Burgh Schoolmasters (Scotland) Act. 1861 and the Parish School was closed.  From that time the Durine School first above mentioned became the Parish School.

 

1. The present position of the Durine Public School is as follows.

2. The teaching Staff consists of (1) a Head Master who holds a First Class Certificate from the Scotch Education Department and University Certificates but who is not a Graduate of a University. (2) a female Certificated Teacher qualified to teach Industrial Work and (3) an Ex-pupil Teacher.

 

1. The Head Master receives a salary of £113 a year and one quarter of the Government Grant which quarter amounted last year to £26.15.0d  The Female Teacher receives a salary of £80 a year.  The ex-pupil Teacher receives a salary of £40 a year and one quarter of the Government Grant.

 

1. The number of Scholars on the Register of the School on the 31st July 1898 was 88.  The subjects taught are Reading, Writing, Arithmetic, Grammar, Geography, History, Latin, Greek, Mathematics and Gaelic.

 

1. The School was enlarged in the year 1891 by the building of an additional Class Room.

 

1. There are at the present time the following further Schools in the Parish of Durness under the management of the School Board:

 

1. At Laid with 39 Children on the Register.

2. At Eriboll with 17 Children on the Register.

3. At Strathbeg with 8 “

4. At Rhigolter with 4 “

The total number of Children of School age in the Parish is about 160 of whom 22 are Campbells and 34 MacKays.

 

1. There are 13 families in the Parish with 56 Children dependent upon them who are unable through poverty to feed and clothe them.

2. The assessable rental of the Parish for the last complete year was £4,242.  The number of holdings assessed at over £30 was only 4.  The number of holdings assessed at less than £30 was 90.

 

1. The combined School rate amounts to 1/10d in the £ one half being payable but the tenants or occupiers The poor rate is 1/4d in the £.

 

1. I have received from the Reverend Adam Gunn who is the Free Church Minister at Durness and the Chairman of the Parish Council of Durness the statement in writing now produced and shows to me marked H.G. 7 relative to the said bequest of £10,000 and I have received from John Box as the Chairman of the Durness School Board who also the Factor of the Northern portion of the Duke of Sutherland’s Estate known as the Reay Country the statement in writing now produced and shown to me marked H.G.8

 

Sworn at Dingwall in the County of Ross and Cromarty Scotland this 10th day of December 1898.  Before me Eddmund I. Gunn, Soliciter Dingwall.  Notary Public authorised by the Supreme Court of Judicature Act 1873 to administer Oaths in the Supreme Courts of England.  Filed on behalf of William Gunn the petitioner