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292 Assembly Proceedings, October 2-November 30, 1771.
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Liber R. G.
1771
before the
Sitting of
the Court of
Assize or
Provincial
Court, &c.]
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be made if such Minister shall be found in this Province twenty
Days at the least before the sitting of the Court of Assize Oyer &
Terminer & Jail Delivery in the County where the Parish Church
of such Minister shall be situate if at that Time any Assizes shall
be within this Province & if no such Assizes shall then be in this
Province then the same Number of Days at the least before the
Sitting of the Provincial Court & the same Complaint in Writing
shall be at the then next Court of Assize or Provincial Court as the
Case may be after the said Copy shall be delivered as aforesaid, laid
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p. 158
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before the Grand Jury, sworn in the respective Court aforesaid &
shall be together with such Evidences & Witnesses as shall be pro-
duced by the Complainants, and the Clergyman against whom such
Complaint shall be made or either of them examined by such Grand
Jury & if such Grand Jury shall find the Whole or any Part thereof
to be true such Grand Jury shall indorse thereon that the Clergyman
therein mentioned had a Copy of that Complaint delivered to him at
the Time when such Copy was delivered to him If the Delivery
thereof shall be sufficiently evidenced to them. And if the same was
not delivered nor could be delivered for the Cause aforesaid then
such Grand Jury shall endorse on such Complaint that such Clergy-
man was not to be found in this Province. And that such Com-
plaint or such Part thereof as they find on such Examination to be
true, is true on which Complaint or such Part thereof as shall be
found true as aforesaid & not otherwise there shall be such Com-
mission & other Proceedings as herein before mentioned.
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[In Case
of Non-
appearance
Commis-
sioners may
proceed.]
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And Provided also that if any such beneficed Minister shall not
appear before the Commissioners aforesaid but shall wilfully & con-
tumaciously make Default after personal Notice of the Time and
Place of such Inquiry, or make such Default after a Note under the
Hand of the said Commissioners specifying the Time and Place of
such Enquiry shall have been set up and affixed at his Parish Church
Door, one Month at the least before such Inquiry, then and in every
such Case the Commissioners aforesaid shall proceed in their In-
quiry in the same Manner as in the Case of the personal Appear-
ance before them of such Minister.
And be it further enacted by the Authority aforesaid That all &
every the Commissioners and Commissioner to be appointed as
aforesaid shall before they or any of them do proceed to the Execu-
tion of such Commission as aforesaid take the several Oaths ap-
pointed by Law to be taken to the Government subscribe the Oath
of Abjuration and repeat & subscribe the Test & also take the fol-
lowing Oath to wit, "I A B do swear that I will do equal Justice
according to the best of my Knowledge & Understanding & will
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[Commis-
sioners
Oath.]
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behave myself & execute my Office as a Commissioner appointed
in Virtue of the Act entitled an Additional Supplementary Act to
to the Act entitled an Act for the Establishment of religious Wor-
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