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CLASS VII.

STATUTES RELATIVE TO PAROCHIAL LIBRARIES AND PARISH

VESTRIES.

Anno 7 ANNA, Cap. 14.

An Act for the better Preservation of Parochial Libraries in that Part of Great Britain called England.

PART II.
CLASS
VII.

No. 1.

Stat. 7 Anna, c. 14.

WHEREAS in many places in the south parts of Great Britain called England and Wales, the provision for the Clergy is so mean, that the necessary expense of books for the better prosecution of their studies cannot be defrayed by them; and whereas of late years, several charitable and well-disposed persons have by charitable contributions erected libraries within several parishes and districts in England and Wales; but some provision is wanting to preserve the same, and such others as shall be provided in the same manner, from embezzlement: Be it therefore enacted by the In every Queen's most excellent Majesty, by and with the advice and parish consent of the Lords Spiritual and Temporal, and Commons, brary shall in this present Parliament assembled, and by the authority be erected, of the same, That in every parish or place where such a li- it shall be brary is or shall be erected, the same shall be preserved for preserved such use and uses, as the same is and shall be given, and to which it the orders and rules of the founder and founders of such is given, libraries shall be observed and kept.

where a li

for the uses

&c.

use the li

preserve it.

II. And for the encouragement of such founders and be- Incumnefactors, and to the intent they may be satisfied, that their bents, &c. before they pious and charitable intent may not be frustrated: Be it also enacted by the authority aforesaid, That every Incumbent, brary, shall Rector, Vicar, Minister, or Curate of a parish, before he give seshall be permitted to use and enjoy such library, shall enter curity to into such security by bond or otherwise, for preservation of such library, and due observance of the rules and orders. belonging to the same, as the proper Ordinaries within their respective jurisdictions, in their discretion shall think fit; and in case any book or books belonging to the said li- If any book brary shall be taken away and detained, it shall and may be be taken lawful for the said Incumbent, Rector, Vicar, Minister, or away, &c. Curate for the time being, or any other person or persons, bent may to bring an action of trover and conversion, in the name of bring trothe proper Ordinaries within their respective jurisdictions; shall recowhereupon treble damages shall be given with full costs of ver treble

the Incum

ver, and

damages, to the use of the library.

PART II. suit, as if the same were his or their proper book or books, CLASS which damages shall be applied to the use and benefit of VII. the said library.

No. 1. Stat. 7

may in

III. And it is further enacted by the authority aforeAnna, c. 14. said, That it shall and may be lawful to and for the proper The Ordi- Ordinary, or his Commissary or Official in his respective nary, &c. jurisdiction, or the Archdeacon, or by his direction his Official or Surrogate, if the said Archdeacon be not the Incumquire into bent of the place where such library is, in his or their rethe library, spective visitation, to inquire into the state and condition of and amend the said libraries, and to amend and redress the grievances the defects, and defects of and concerning the same, as to him or them and appoint shall seem meet; and it shall and may be lawful to and for inspect the the proper Ordinary, from time to time, as often as shall be

the state of

persons to

library.

thought fit, to appoint such person or persons, as he shall think fit, to view the state and condition of such libraries, and the said Ordinaries, Archdeacons, or Officials respectively, shall have free access to the same at such times as they shall respectively appoint.

IV. And be it also further enacted by the authority aforesaid, That where any library is appropriated to the use of the Minister, of any parish or place, every Rector, Vicar, Minister, or Curate of the same, within six months after his institution, induction, or admission, shall make or cause To make a to be made a new catalogue of all books remaining in, or catalogue belonging to, such library, and shall sign the said catalogue books to be thereby acknowledging the custody and possession of the delivered to said books; which said catalogue so signed, shall be delithe Ordi- vered to the proper Ordinary within the time aforesaid, to registered be kept registered in his court, without any fee or reward without fee. for the same.

of the

nary, and

Where li

erected,

made, &c.

V. And be it further enacted by the authority aforesaid, braries are That where there are any parochial libraries already erected, already the Incumbent, Rector, Vicar, Minister, or Curate of such such cata- parish or place, shall make or cause to be made a catalogue logue to be of all books in the same, thereby acknowledging the custody before 29th and possession thereof; which catalogue so signed, shall be Sept. 1709. delivered to the proper Ordinary, on or before the nine and twentieth day of September, which shall be in the year of And where our Lord one thousand seven hundred and nine; and where any library shall at any time hereafter be given and be erected, within six' appropriated to the use of any parish or place, where there shall be an Incumbent, Rector, Vicar, Minister, or Curate in possession, such Incumbent, Rector, Vicar, Minister, or Curate, shall make or cause to be made a catalogue of all

any shall

months

after.

the books, and deliver the same, as aforesaid, within six PART II. months after he shall receive such library.

CLASS

VII.

No. 1.

any Incum

VI. And to prevent any embezzlement of books upon the death or removal of any Incumbent, Be it also enacted by Stat. 7 the authority aforesaid, That immediately after the death Anna, c. 14. or removal of any Incumbent, Rector, Vicar, Minister, or Upon the Curate, the library belonging to such parish or place shall death or be forthwith shut up, and locked, or otherwise secured by removal of the Church-warden or Church-wardens for the time being, bent, the or by such person or persons as shall be authorized or ap- Churchpointed by the proper Ordinary, or Archdeacon respect- shall lock ively, so that the same shall not be opened again, till a new Incumbent, Rector, Vicar, Minister, or Curate shall brary. be inducted or admitted into the church of such parish or place.

wardens

up the li

&c. may

VII. Provided always, That in case the place where such The vestry, library is or shall be kept, shall be used for any public oc- meet in casion for meeting of the vestry, or otherwise, for the de-such libraspatch of any business of the said parish, or for any other ries, if they public occasion, for which the said place hath been ordina- did so forrily used, the place shall nevertheless be made use of as formerly for such purposes, and after such business despatched shall be again forthwith shut and locked up or otherwise secured, as is before directed.

merly.

shall enter

VIII. And be it also further enacted by the authority The Inaforesaid, That for the better preservation of the books be- cumbent longing to such libraries, and that the benefactions given the benetowards the same may appear, a book shall be kept within factions the said library for the entering and registering of all such and books. benefactions, and such books as shall be given towards the same, and therein the Minister, Rector, Vicar, or Curate of the said parish or place, shall enter or cause to be fairly entered such benefactions, and an account of all such books as shall from time to time be given, and by whom given.

donor may

library;

IX. And, for the better governing the said libraries, and The Ordipreserving of the same, it is hereby further enacted by the nary and authority aforesaid, That it shall and may be lawful to and make orfor the proper Ordinary, together with the donor of such ders conbenefaction, (if living,) and after the death of such donor, cerning the for the proper Ordinary alone, to make such other rules and which shall orders concerning the same, over and above, and besides, be entered but not contrary to such as the donor of such benefactions as aforeshall in his discretion judge fit and necessary; which said orders and rules so to be made, shall from time to time be entered in the said book, or some other book to be prepared for that purpose, and kept in the said library.

said.

PART II.

No. 1.

Stat. 7

Books not

X. And it is further enacted and declared by the authoCLASS rity aforesaid, That none of the said books shall in any VII. case be alienable, nor any book or books that shall hereafter be given by any benefactor or benefactors shall be Anna, c. 14. alienated, without the consent of the proper Ordinary, and then only when there is a duplicate of such book or books; to be alien- and that in case any book or books be taken or otherwise able with- lost out of the said library, it shall and may be lawful to out consent and for any Justice of Peace within the county, riding, or dinary. division, to grant his warrant to search for the same, and in If any book case the same be found, such book or books so found shall be lost, a immediately, by order of such Justice, be restored to the may said library; any law, statute, or usage to the contrary in any wise notwithstanding.

of the Or

Justice of

Peace may

grant a

to search

warrant XI. Provided always, That nothing in this Act contained for it; and shall extend to a public library lately erected in the parish if found it of Ryegate, in the county of Surry, for the use of the shall be re-freeholders, Vicar, and inhabitants of the said parish, and of the library, the gentlemen and clergymen inhabiting in parts thereto adjacent; the said library being constituted in another manner than the libraries provided for by this Act.

stored to

No. 2.

Anno 58 GEO. III. Cap. 69.

An Act for the Regulation of Parish Vestries.
[3d June 1818.]

WHEREAS it is expedient to regulate the manner of holding parish vestries, and the right of voting therein: May it please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament asThree days sembled, and by the authority of the same, That from and notice to be after the first day of July, one thousand eight hundred and given of vestries; eighteen, no vestry or meeting of the inhabitants in vestry of or for any parish shall be holden until public notice shall by publica- have been given of such vestry, and of the place and hour tion in the of holding the same, and the special purpose thereof, three church, and days at the least before the day to be appointed for holding the church such vestry, by the publication of such notice in the parish church or chapel on some Sunday during or immediately after Divine service, and by affixing the same, fairly written or printed, on the principal door of such church or chapel.

affixing on

door.

Chairman

ÎI. And for the more orderly conduct of vestries, be it of vestries further enacted, That in case the Rector, or Vicar, or Perappointed.

VII.

petual Curate, shall not be present, the persons so assembled PART II. in pursuance of such notice, shall forthwith nominate and CLASS appoint by plurality of votes, to be ascertained as herein- No. 2. after is directed, one of the inhabitants of such parish to be Stat. 58 the chairman of and preside in every such vestry; and in G. 3. c. 69. all cases of equality of votes, upon any question arising Chairman therein, the chairman shall (in addition to such vote or votes to have the as he may by virtue of this Act be entitled to give in right casting vote. of his assessment) have the casting vote; and minutes of Minutes to the proceedings and resolutions of every vestry shall be be entered fairly and distinctly entered in a book, (to be provided for and signed. that purpose by the Church-wardens and Overseers of the poor,) and shall be signed by the chairman, and by such other of the inhabitants present as shall think proper to sign the same.

III. And be it further enacted, That in all such vestries Manner of every inhabitant present, who shall, by the last rate which voting in shall have been made for the relief of the poor, have been vestries. assessed and charged upon or in respect of any annual rent, profit, or value not amounting to fifty pounds, shall have and be entitled to give one vote and no more; and every inhabitant there present, who shall in such last rate have been assessed or charged upon or in respect of any annual rent or rents, profit or value, amounting to fifty pounds or upwards, (whether in one or in more than one sum or charge,) shall have and be entitled to give one vote for every twenty-five pounds of annual rent, profit, and value upon or in respect of which he shall have been assessed or charged in such last rate, so nevertheless that no inhabitant shall be entitled to give more than six votes; and in cases where two or more of the inhabitants present shall be jointly rated, each of them shall be entitled to vote according to the proportion and amount which shall be borne by him of the joint charge; and where one only of the persons jointly rated shall attend, he shall be entitled to vote according to and in repect of the whole of the joint charge.

into a pa

IV. Provided, and be it further enacted, That when any Inhabitants person shall have become an inhabitant of any parish, or coming become liable to be rated therein since the making of the rish since last rate for the relief of the poor thereof, he shall be en- the last titled to vote for and in respect of the lands, tenements, and rate may property for which he shall have become liable to be rated, and shall consent to be rated, in like manner as if he should have been actually rated for the same.

vote.

V. Provided also, and it is hereby further enacted, That Inhabitants no person who shall have refused or neglected to pay any payment of

Ll

refusing

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