CHAP.
XXXVIII.
The Grand
Juries to inquire
by what
Title such
Lands are
held, &c.
Where such
Lands have
been given,
but the
Quantity
not mentioned,
the Vestry
may cause
two Acres to
be surveyed, &c.
In what manner
Vestries
shall proceed
in taking up
Lands for
building
Churches and
Chapels. |
firmly and absolutely, as of the same had been made over by Deed of
Gift,
Grant, or otherwise, enrolled and recorded as aforesaid.
III. And to
the End it may be know what Lands have been so given to
the use of any Church or Chapel aforesaid, and made over and confirmed
by Deed of Gift or Grant as aforesaid, the Grand Jury in each respective
County within this Province, next after the publication of this Act, shall
have in Charge to enquire by what Title such lands, whereupon the several
Churches or Chapels aforesaid, within their respective Parishes, and in
their
Precincts, are held, and to render an Account thereof to the Court; who
are
hereby impowered, where any such Lands shall appear to be given, and not
confirmed as aforesaid, in open Court to examine Witnesses in perpetuam
Rei
Memoriam, and the same cause to be recorded in the County Records;
which
shall be deemed, adjudged and taken, in all Courts of Record within this
Province, as sufficient Proof of the Donation or Grant, as also to the
Quantity
of Acres given or granted as aforesaid.
IV. And in
case it shall appear upon such Examination, that Lands have
been given for the use of any Church, Chapel, or Church-Yard as aforesaid,
but the Quantity thereof not mentioned by the Donors or Grantors
thereof as aforesaid, that then, and in every such Case, the Vestry if
the
respective Parish, where such Gift or Grant hath been made, and the Quantity
not ascertained as aforesaid, may demand and take of such Lands, for
the Use of the Church, and thereto adjacent, two Acres, and no more, which
they shall cause to be surveyed and staked out; and make Returns of two
Certificates thereof, one of which must be recorded in the County Court,
and the other in the High Court of Chancery, there to be registered in
perpetuam
Rei Memoriam as aforesaid.
V. And be it
further Enacted, by the Authority aforesaid, by and with
the
Advice and Consent aforesaid, That where the Vestry of any Parish within
this
Province, have, or shall think convenient to place either Church or Chapel
or Ease within their respective Parishes, for the better Conveniency of
their
Parishioners, but the owner of Owners of such Land, chosen out and appointed
by such Vestry as aforesaid, for the use of their Parish aforesaid,
either
refuse to make Sale thereof, or are unreasonable in his or their Demands
for the same, or otherwise incapacitated by Non-age, non sanæ
Memoriæ, or
being beyond the Seas; that then, in every such Case, the respective Vestries
of the respective Parishes, shall apply themselves to the Commissioners
of the
County Court whereto they belong; upon whose Application the said
Commissioners shall forthwith grant their Warrants to the Sheriff of their
COunty, thereby requiring him, at a certain Day and Time, to be by them
nominated and appointed, to impannel a Jury of substantial Free-holders
next
adjacent to the Land in quest aforesaid, which said Commissioners, and
Jury
aforesaid, shall proceed in all Things, as by another Act of Assembly,
entitled
* An Act impowering the Commissioners of the several and respective
Counties,
to take up and purchase Lands for their County Court-houses, they are
directed;
not exceeding two Acres as before in this Act mentioned and expressed;
any thing in this Act, or any other, ordained to the contrary notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
* The Act of 1697, ch. 5, here referred to,
is not only executed, and the Purchases made by
virtue thereof confirmed by ch. 76, of this Session,
but also falls under the General Repeal in
ch. 77; As, however, it is made a Rule or Proceeding under this
Act, it is inserted at large, in
its proper Place, in this Collection. |