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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 291   View pdf image (33K)
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Acts. 291


presented inducted or appointed to any Benefice shall not keep Resi-
dence in his Parish but willfully absent himself by the Space of one
Month together or by the Space of two Months to be at several
Times in any one Year & make his Residence or abiding in any
other Place or Places out of his Parish by such Time he shall forfeit
for such Default ten Pounds Sterling Money to be recovered in
any Court of Record within this Province by Action of Debt, In-
dictment or Information & paid to the Vestry & Church Wardens
of the Parish where such Default shall happen to & for the Use
of the same Parish.

Liber R. G.
1771
Minister
shall not
keep Resi-
dence in his
Parish, &c.]

And be it enacted by the Authority aforesaid, that upon Complaint
in Writing made to the Governor or Commander in Chief & Council
for the Time being by the Majority of any Vestry & Church War-
dens that the beneficed Minister or Incumbent of the Parish where
the Complainants reside hath willfully neglected to officiate therein
or hath been guilty of any notorious or scandalous Immorality it
shall & may be lawful for the Governor or Commander in Chief
for the Time being by & with the Advice of the Council aforesaid
as soon as conveniently may be to appoint by Commission three
Ministers inducted into & in the actual Possession of Benefices &
three Laymen of the Church of England & for the said Governor
or Commander in Chief for the Time being such Governor or Com-
mander in Chief being of the Church of England or if such Gov-
ernor or Commander in Chief for the Time being be not of the
Church of England then for the first Member of his Lordship's
honorable Council for the Time being who shall be a Member of
the Church of England together with the said Commissioners to
make full & just Enquiry into the Grounds of such Complaint &
by their Clerk to take at large the Depositions of Witnesses in Writ-
ing & to proceed to Sentence against the Minister who shall be

[A beneficed
Minister
neglecting to
officiate, or
guilty of
Immorality,
may be sus-
pended or
deprived by
the Governor
and Commis-
sioners;]

found to have offended & to admonish, suspend or totally to deprive
such Offender from or of his Benefice, & in Case of Suspension it
shall & may be lawful for the said Governor or Commander in Chief
to appoint some other Minister to officiate in the Place and Stead of
the suspended Minister & such Minister so appointed shall take &
receive the Income, Profits & Dues of the Benefice during the Time
of such Suspension. And in Case of Deprivation to present induct
or appoint some other Minister in the Place or Stead of the Minister
deprived & in Case it shall appear upon Examination that the Person
complained of ought to pay or receive Costs it shall & may be lawful
for the said Governor or Commander in Chief and Commissioners
or the Major Part of them to order & award the Payment thereof

[who may
appoint an-
other in his
Stead, &c.]

accordingly.
Provided always, And be it enacted that before any such Com-
mission shall issue, a Copy of such Complaint in Writing shall be
delivered to the Minister against whom the said Complaint shall

[Provided a
Copy of the
Complaint
be delivered
to such Min-
ister 20 Days



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 291   View pdf image (33K)
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