or caufe to be made a catalogue of all the books, and de liver the fame, as aforefaid, within fix months after he fhall receive fuch library.

6. And to prevent any embezzlement of books upon the death or removal of any Incumbent, be it also enacted by the authority aforefaid, That immediately after the death or removal of any Incumbent, Rector, Vicar, Minifter, or Curate, the library belonging to fuch parish or place fhall be forthwith fhut up, and locked, or otherwise fecured by the Church-warden or Church-wardens for the time being, or by fuch person or perfons as fhall be authorized or appointed by the proper Ordinary, or Archdeacon respectively, fo that the fame fhall not be opened again till a new Incumbent, Rector, Vicar, Minifter, or Curate, fhall be inducted or admitted into the church of fuch parish or place.

7. Provided always, That in cafe the place where fuch library is or fhall be kept fhall be used for any public occafion, for meeting of the Veftry, or otherwife, for the dif patch of any bufinefs of the faid parish, or for any other public occafion, for which the faid place hath been ordinarily used, the place fhall nevertheless be made ufe of as formerly for fuch purposes, and after fuch bufiness difpatched, fhall be again forthwith fhut and locked up, or otherwife fecured, as is before directed.

8. And be it alfo further enacted by the authority aforefaid, That for the better prefervation of the books belonging to fuch libraries, and that the benefactions given towards the fame may appear, a book fhall be kept within the faid library for the entering and registering of all fuch benefactions, and fuch books as fhall be given towards the fame, and therein the Minifter, Rector, Vicar, or Curate of the said parish or place, fhall enter, or cause to be fairly entered, fuch benefactions, and an account of all fuch books, as fhall from time to time be given, and by whom given.

9. And, for the better governing the faid libraries, and preferving of the fame, it is hereby further enacted by the authority aforefaid, That it fhall and may be lawful to and for the proper Ordinary, together with the Donor of fuch benefaction, (if living,) and after the death of fuch Donor, for the proper Ordinary alone, to make fuch other rules and orders concerning the fame, over and above, and befides, but not contrary to fuch as the Donor of fuch benefactions shall in his difcretion judge fit and neceffary; which faid orders and rules fo to be made fhall from

time to time be entered in the faid book, or fome other book to be prepared for that purpose, and kept in the faid library.

10. And it is further enacted and declared by the au thority aforefaid, That none of the faid books fhall in any cafe be alienable, nor any book or books that shall hereafter be given by any benefactor or benefactors fhall be alienated, without the confent of the proper Ordinary, and then only when there is a duplicate of fuch book or books; and that in cafe any book or books be taken or otherwise loft out of the faid library, it fhall and may be lawful to and for any Juftice of Peace within the county, riding, or divifion, to grant his warrant to fearch for the fame; and in cafe the fame be found, fuch book or books fo found fhall immediately, by order of fuch Juftice, be reftored to the faid library; any law, ftatute, or usage to the contrary in any wife notwithstanding..

11. Provided always, That nothing in this A&t contained fhall extend to a public library lately erected in the parish of Ryegate, in the county of Surrey, for the ufe of the Freeholders, Vicar, and inhabitants of the faid parish, and of the gentlemen and clergymen inhabiting in parts thereto adjacent; the faid library being conftituted in another manner than the libraries provided for by this A&.

7,8 Will.

7, 8 Will. III. Cap. vi.

An Act for the more eafy Recovery of Small Tithes.

FOR

OR the more eafy and effectual recovery of small tithes, and the value of them, where the fame shall be unduly fubftracted and detained, where the fame do not amount to above the yearly value of forty fhillings from any one perfon, be it enacted by the King's most excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, that all and every perfon and perfons fhall henceforth well and truly fet out and pay all and fingular the tithes, commonly called fmall tithes, and compofitions and agreements for the fame, with all offerings, oblations, and obventions, to the feveral Rectors, Vicars, and other perfons to whom they are or shall be due, in their feveral parishes within this kingdom of England, dominion of Wales, and town of Berwick upon Tweed, according to the rights, cuftoms, and prefcriptions commonly used within the faid parishes refpectively; and if any person or perfons fhall hereafter fubftract or withdraw, or any ways fail in the true payment of fuch fmall tithes, offerings, oblations, obventions, or compofitions, as aforefaid, by the space of twenty days at moft after demand thereof, then it fhall and may be lawful for the perfon or perfons to whom the fame fhall be due, to make his or their com plaint in writing unto two or more of his Majefty's Juftices of the Peace within that county, riding, city, town corporate, place, or divifion, where the fame fhall grow due, (neither of which Juftices of Peace is to be Patron of the church or chapel whence the faid tithes do or fhall arife, nor any ways interested in fuch tithes, offerings, oblations, obventions, or compofitions aforefaid.)

2. And be it further enacted by the authority aforefaid, That if hereafter any fuit or complaint fhall be brought to two or more Juftices of the Peace as aforefaid, concerning fmall tithes, offerings, oblations, obventions, or compofitions as aforefaid, the faid Juftices are hereby authorized and required to fummon in writing under their hands and feals, by reasonable warning, every fuch perfon or perfons against whom any complaint fhall be made, as aforefaid; and after his or their appearance, or upon de

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fault of their appearance, warning or the faid fummons being proved before them upon oath, the faid Juftices of Peace, or any two or more of them, fhall proceed to hear and determine the faid complaint, and upon the proofs, evidences, and teftimonies produced before them, fhall, in writing under their hands and feals, adjudge the cafe, and give fuch reasonable allowance and compenfation for fuch. tithes, oblations, and compofitions, fo fubftracted or withheld, as they fhall judge to be juft and reasonable, and alfo fuch coffs and charges, not exceeding ten fillings, as upon the merits of the caufe fhall appear juft.

3. And be it further enacted, That if any perfon or perfons fhall refuse or neglect, by the space of ten days after notice given, to pay or fatisfy any fuch fum of money, as, upon fuch complaint and proceeding, fhall by two or more Juftices of the Peace be adjudged as aforesaid, in every fuch cafe the Conftables and Church-wardens' of the faid parish, or one of them, fhall, by warrant under the hands and feals of the faid Juftices to them directed,: diftrain the goods and chattels of the party fo refufing or neglecting, as aforefaid; and after detaining them by the fpace of three days, in cafe the faid fum fo adjudged to be paid, together with reasonable charges for making and detaining the faid diftrefs, be not tendered or paid by the faid party in the mean time, fhall and may make public fale of the fame, and pay to the party complaining fo much of the money arifing by fuch fale as may fatisfy the said fum fo adjudged; retaining to themfelves fuch reasonable charges for making and keeping the faid diftrefs as the faid Juftice fhall think fit, and fhall render the overplus (if any be) to the owner.

4. Provided always, and be it enacted, That it fhall and may be lawful for all Juftices of Peace, in the examination of all matters offered to them by this Act, to adminifter an oath or oaths to any witness or witneffes, where the fame fhall be neceffary for their information, and for the better difcovery of the truth.

bus

5. Provided alfo, and be it enacted, That this Act, or any thing herein contained, fhall not extend to any tithes, oblations, payments, or obventions within the city of London, or liberties thereof, nor to any other city or town corporate where the fame are fettled by any Act of Parlia ment in that cafe particularly made and provided.

6. Provided alfo, and be it enacted, That no complaint for or concerning any fmall tithes, offerings, oblations, obventions, or coinpofitions hereafter due, fhall be heard

and

and determined by any Juftices of the Peace, by virtue of this Act, unless the complaint fhall be made within the fpace of two years next after the times that the fame tithes, oblations, obventions, and compofitions, did become due or payable, any thing in this Act contained to the contrary notwithstanding.

7. Provided alfo, and be it enacted, That any perfon finding him, her, or themselves aggrieved, by any judgment to be given by any two Juftices of the Peace, fhall and may appeal to the next General Quarter Seffions to be held for that county, riding, city, town corporate, or division; and the Juftices of the Peace there prefent, or the major part of them, fhall proceed finally to hear and determine the matter, and to reverse the faid judgment, if they shall fee caufe; and if the Juftices then prefent, or the major part of them, fhall find caufe to confirm the judgment given by the first two Juftices of the Peace, they fhall then decree the fame by order of Seffions, and fhall alfo proceed to give fuch cofts against the Appellant, to be levied by diftrefs and fale of the goods and chattels of the faid Appellant, as to them fhall feem just and reasonable; and no proceedings or judgment had, or to be had by virtue of this Act, fhall be removed or fuperfeded by virtue of any writ of certiorari, or other writ, out of his Majefty's Courts at Weftminster, or any other Court whatfoever, unless the title of fuch tithes, oblations, or obventions, fhall be in queftion: any law, ftatute, cuftom, or ufage, to the contrary notwithstanding.

any

8. Provided always, and be it enacted, That where perfon or perfons complained of for fubftracting or withholding any fmall tithes, or other duties aforefaid, fhall, before the Juftices of the Peace to whom fuch complaint is s made, in infift upon any prefcription, compofition, or modus decimandi, agreement or title, whereby he or he is or ought to be freed from payment of the faid tithes or other dues in question, and deliver the fame in writing to the faid Juftices of the Peace, fubfcribed by him or her, and fhall then give to the party complaining reasonable and fufficient fecurity, to the fatisfaction of the faid Justices, to pay all fuch cofts and damages, as upon a trial at law, to be had for that purpofe, in any of his Majefty's Courts, having cognizance of that matter, fhall be given against him, her, or them, in cafe the faid prefcription, compofition, or modus decimandi, fhall not upon the faid trial be allowed; that in that cafe the faid Juftices of the Peace fall forbear to give any judgment in the matter; and

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